Many nursing facilities use antipsychotic medications on residents who experience psychological and behavioral symptoms associated with various conditions. Unfortunately, many of these residents do not require the medication or lack sufficient ongoing assessment to determine if any behaviors they exhibit require the need for medication control. Sadly, the Oak Brook elder abuse attorneys at Rosenfeld Injury Lawyers have handled many cases where residents were harmed by unnecessary medications or the lack of monitoring to ensure the health and well-being of the resident were maintained.
Federal and state nursing home regulatory agencies place heavy restrictions on nursing facilities when using specific types of drugs including tranquilizers and sedatives. These drugs are only to be administered if the medical necessity has been clearly documented followed by routine assessments to ensure the resident still requires the medication on an ongoing basis. The nursing staff cannot give the resident any anti-psychotic medication unless it is prescribed to treat a specific mental illness that has been fully diagnosed and documented by a licensed professional in the resident’s records.Oak Brook Healthcare Centre
Oak Brook Healthcare Centre is a 154-certified bed for profit Medicaid/Medicare-participating nursing facility providing services to residents of Oak Brook and DuPage County. The facility is located at:
2013 Midwest Road
Oak Brook, Illinois 60521
Services at Oak Brook Healthcare include:
- Holistic therapy
- Wellness programs
- Wound care
- Pain management
- Cardiac rehabilitation
- Pulmonary rehabilitation
- Physical, occupational, and speech therapies
Many families turned to the state and federal nursing home databases to determine the best location to place a loved one who requires the highest level of care. These sites consistently update their information to reflect newly filed complaints, opened investigations, safety concerns and health violations on every nursing home in the United States. The information can be located on numerous websites including Medicare.gov.
Currently, Oak Brook Healthcare Center maintains an overall five out of five available star rating through the national star rating summary system and comparison analysis tool. This includes five out of five stars for health inspections and quality measures and four out of five stars for staffing issues. However, our Oak Brook nursing home neglect attorneys found one serious deficiency involving the facility that include:
- Ensure That Every Resident’s Medication Regimen Is Free from Unnecessary Drugs and That Their Drugs Are Managed and Monitored to Achieve Their Highest Well-Being
In a summary statement of deficiencies dated 03/17/2015, a state investigator noted the facility’s failure “to identify specific target behaviors [and a failure] to show what alternative methods were attempted to manage the resident’s behaviors when a behavior was present and the result of that intervention.” The investigator observed the resident at 10:00 AM on 03/15/2016 “sitting in a room, dressed and dozing in her chair [...and] also observed on that date 11:00 AM in the conference room in a chair, awakened with no behaviors.” The Certified Nursing Assistant (CNA) providing the resident care at 10:30 AM on the same day “stated she was not aware of any behaviors for [the resident and that the resident] has never refused any care from [the CNA].”
The investigator reviewed the resident’s CNA Documentation History records that the notes over six shifts between 03/01/2016 of 03/14/2016 that “during this time frame were recorded as having no behaviors for [the resident].” There were behaviors noted on 03/14/2016 including anxious complaints, concerns, sadness, pain, worried facial expression. Again on 03/17/2016, notes were made showing that the resident displayed repetitive anxious complaints, concerns, sadness, pain, worried facial expression, but no behaviors.”
As a part of the investigation it was noted that “the above-referenced documentation of behaviors, there is no specific information provided as to the specific behavior exhibited. No information is provided as to what [the resident’s] verbalization was or what the substance of the verbalizations involved. A sad, worried painful expression is not a behavior” investigator noted that “there is no documentation provided as to what interventions the facility used to attempt to manage the behavior (repetitive anxious complaints) nor what [the resident’s] response was to any staff intervention.”
The investigator also noted that all problems identified in the resident’s Care Plan “are not the behaviors being tracked on the behavior tracking records. The behaviors documented on the behavior tracking records are vague [...and] without specific behaviors identified; there is no indication of non-pharmacological interventions being attempted behaviors are exhibited in the documentation provided by [the nursing staff].”
If your loved one has been taking unnecessary medications while residing in any Illinois nursing facility including Oak Brook Healthcare Center Rosenfeld Injury Lawyers can provide immediate legal intervention. Our DuPage County elder abuse attorneys can handle the entire process of obtaining financial compensation on your behalf and hold the nursing staff at the facility legally and financially liable.
We encourage you to contact our Oak Brook Illinois nursing home abuse law firm today at (888) 424-5757 to discuss the merits of your case and your legal options on filing a claim for recompense. We accept all nursing home abuse cases and wrongful death lawsuits through contingency fee agreements. This means we are only paid for our legal services if and when we negotiate your out-of-court settlement or win your lawsuit trial.