Some Illinois nursing facilities use antipsychotic medications as a way to control residents that have unacceptable or inappropriate behavior, anxiety or other medical condition. However, state and federal nursing home regulatory agencies require specific protocols and procedures be met before the medication can be prescribed to ensure that the facility is not using medication to minimize the level of supervision required. Unfortunately, the Orland Park elder abuse attorneys at Rosenfeld Injury Lawyers have represented many residents who have been stripped away of their legal rights to live a normal life because they were given medications by their caregivers without proper authority.Smith Crossing
Smith Crossing is a 46-certified bed Medicare/Medicaid-accepted nonprofit nursing facility providing services to residents of Orland Park and Cook County, Illinois. The facility is located at:
10501 Emilie Lane
Orland Park, Illinois 60467
Smith Crossing provides independent living options, short-term rehab, restorative care, respiratory therapy, physical therapy, occupational therapy, speech therapy, memory care, assisted living, and around-the-clock skilled nursing.Orland Park Nursing Home Resident Safety Concerns
The state of Illinois and the federal government routinely update their nursing home databases as a way to reflect the entire history of all opened investigations, filed complaints, safety concerns and health violations. The updated information can be found on numerous sites including Medicare.gov through their star rating summary system.
Currently, Smith Crossing maintains an overall five out of five available star rating compared to all other nursing facilities in the United States. This includes five out of five stars for health inspections and four out of five stars for both staffing issues and quality measures. However, our Orland Park nursing home neglect attorneys have found numerous deficiencies involving this facility that include:
- Failure to Provide Every Resident an Environment Free of Accident Hazards and Provide Adequate Supervision to Avoid Injury from Occurring
In a summary statement of deficiencies dated 07/23/2016, a state surveyor made a notation during an annual licensure and certification survey concerning the facility's failure to "provide visual supervision to a confused and sedated resident in the bathroom. The facility also failed to use a gait belt to transfer the resident.” The state surveyor conducting the investigation noted that the “failure resulted in [the resident] falling off the toilet receiving a laceration to the right eyebrow, a closed head injury and a fracture to the maxillary sinus.”
The investigator noted that the facility’s 07/17/2016 Incident Report revealed that the resident “fell while on the toilet at 6:30 PM. The report shows that [a Certified Nursing Assistant (CNA)] was toileting [providing assistance to the resident].” At that point, the CNA left the resident “alone in the toilet to get [the resident’s] pajamas [...and] heard a noise from the bathroom and found [the resident] on the floor.” The resident was sent to the “hospital for treatment and evaluation.”
The state investigator noted that the resident’s “Current Care Plan showed that [the resident] was to be assisted with toileting, activities of daily living and ambulation. The Care Plan showed that [the resident] was not to be left unattended in the activity room and to keep [the resident] at the nurse's station for close observation during the evening and night shift until [the resident] was asleep or tired.”
- Failure to Ensure that Residents Are Free from Taking Unnecessary Medication
In a summary statement of deficiencies dated 06/17/2016, the state investigator noted the facility’s failure “to identify Care Plan specific, targeted behaviors for the use of antipsychotic medication.” It was also noted that the facility “failed to ensure residents receive evening antipsychotic medications had a diagnosis which supported the use of this medication.”
The state investigator reviewed the resident’s Physician Order Sheet (POS) that “continued order for Seroquel 25 milligrams daily, with a start date of 03/01/2016.” The surveyor notes that while the resident’s Care Plan identifies specific problems and the need for therapy and medication, it does not address or identify any specific, targeted behavior that would include the need for taking antipsychotic medications. In addition, the resident’s most recent 04/07/2016 MDS (Minimum Data Set) “reflects no behaviors for [the resident].” It also does not identify that the resident is having hallucinations, delusions or behavioral symptoms.
Another resident at the facility was also prescribed Seroquel 25 milligrams as needed beginning in April of 2016. The resident’s Current Care Plan “identifies the behavioral problems of verbal behavior symptom (yelling) and rejecting medication.” In addition, the resident’s Behavior Tracking Documentation from June 2016 documents “incidences of crying” and the notes “anxiety” and “other” symptoms. However, there is no description as to what [the resident’s] specific behavior was.
If your loved one has been sedated without authorization or suffered harm, abuse or mistreatment while residing in any Illinois nursing facility, including Smith Crossing, Rosenfeld Injury Lawyers can provide immediate legal intervention. Our Illinois nursing home abuse attorneys can ensure your family receives financial compensation for your losses, damages, and harm.
Contact our Cook County elder abuse law firm today by calling (888) 424-5757 to schedule a free, no-obligation case consultation to discuss the merits of your claim. No upfront fees or retainers are required because we accept all nursing home abuse and neglect cases through contingency fee agreements.