Every nursing facility in the United States is required to follow the rules and regulations set forth by nursing home regulatory agencies involving any incident of abuse or alleged abuse. Any failure to follow the protocols, laws and regulations could place the facility, Administrator, and others in legal jeopardy. Even so, the Gary elder abuse attorneys at Rosenfeld Injury Lawyers have handled cases where the nursing staff, Administrator, and facility failed to follow the law and did not report caregiver abuse or resident to resident assault.South Shore Health and Rehabilitation Center
South Shore Health and Rehabilitation Center is a nonprofit, 100-certified bed nursing facility providing services to residents of Gary, Lake County, Indiana and Cook County, Illinois. The Medicaid/Medicare-approved facility is located at:
353 Tyler Street
Gary, Indiana 46402
In addition to providing nursing services, the facility also offers advanced wound care, respiratory care, hemodialysis, respite care, hospice care and physical, occupational, and speech therapies.Gary Nursing Home Resident Safety Concerns
To ensure that families are provided accurate information on every nursing facility in the United States, state and federal nursing agencies routinely update their database systems to reflect the complete history of opened investigations, filed complaints, safety concerns, and health violations. The information can be found on numerous websites including Medicare.gov.
Currently, South Shore Health and Rehabilitation Center maintains an overall two out of five available star rating in the Medicare comparative analysis star rating summary system. This includes five out of five stars for quality measures, four out of five stars for staffing issues and one out of five stars for health inspections. Our Gary Indiana nursing home neglect lawyers have uncovered numerous complaints and safety concerns involving the facility that led to actual harm. Some of these concerns include:
- Failure to Report and Investigate Any Act or Allegation of Abuse, Neglect or Mistreatment of Residents
In a summary statement of deficiencies dated 09/22/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility's failure to "ensure one allegation of resident to resident abuse… was reported to the State Agency.” The investigation involved in an interview with a resident at the facility at 10:58 AM on 09/15/2015 who indicated that “she had been hit by a male resident several months ago.”
The state investigator reviewed the resident’s 10:20 AM 06/23/2015 Nursing Progress Notes that indicated that at that time, “the resident was involved in an incident and was on 15-minute checks.” On the same day, the facility’s Social Service Progress Notes indicated that the “Social Services Director was informed of an occurrence between the resident and her peer.”
An interview was conducted at 9:40 AM on 09/16/2015 with the facility’s Intern Director of Nurses who indicated that “the two residents were in the Main Dining Room, when [the resident] was hit by a male resident. The intern Director of Nursing indicated that the previous Director of Nursing was instructed by the Administrator to report the resident to resident altercation to the State Department of Health, however, she did not report the allegation is requested.”
- Failure to Develop, Implement and Enforce Policies to Prevent Abuse, Mistreatment or Neglect of Residents
In a summary statement of deficiencies dated 09/22/2015, the state investigator noted the facility’s failure “to ensure their Abuse Policy Protocol was followed related to the lack of investigation [of abuse] as well as reporting one allegation of resident to resident abuse.”
The investigator noted that the facility’s 06/23/2015 Social Service Progress Note “indicated she did not remember specific details about the incident between the resident, she thought the male resident hit [the female resident]. She indicated she interviewed other residents and they had no problem with any of the residents.”
The investigator also noted that during an interview with the Interim Director of Nursing it was revealed that “at the time the staff in resident interviews were conducted, but the book containing all of the abuse investigations have been taken from the facility.” The investigator noted that the actions of the Administrator, supervisors, directors and nursing staff at South Shore Health and Rehabilitation Center failed to follow established nursing home laws and regulations and the facility’s Abuse Prevention Program Facility Policy that reads in part:
“Initial Reporting of Allegations: Once the Administrator has been notified of an allegation of mistreatment, abuse or neglect, injury of unknown origin… The Administrator will report to the Indiana State Department of Health immediately. The report shall be made as soon as possible but, ought not exceed 24 hours after discovery of the incident.”
If your loved one has been physically, mentally or emotionally abused while residing in any nursing facility, including South Shore Health and Rehabilitation Center, Rosenfeld Injury Lawyers can provide immediate legal assistance. Our Lake County elder abuse attorneys can investigate your case and handle every aspect of your financial recovery claim to ensure you are compensated for your damages.
We accept all nursing home neglect cases, wrongful death lawsuits and personal injury claims for compensation through contingency fee agreements. This means we are only paid for our legal services after we have negotiated your out of court settlement on your behalf or won your case at trial. Call our Gary Indiana nursing home abuse law offices at (888) 424-5757 today to schedule a no-obligation, free case evaluation.