Nursing facilities are given the responsibility to ensure that every resident remains safe from harm, abuse or mistreatment and are required to report any abuse or allegation of abuse within 24 hours to the Illinois State Agency. The Administrator of the facility does not have the choice to decide which cases of alleged abuse to investigate and report or use a different method of handling the situation. Unfortunately, the Canton Illinois elder abuse attorneys at Rosenfeld Injury Lawyers LLC have represented many residents who suffered serious injuries at the hands of their caregivers or other residents at the facility.
Sunset Rehabilitation and Health Center
Sunset Rehabilitation and Health Center is a 115-certified bed for profit Medicare/Medicaid-approved continuing care retirement community providing nursing services to residents of Canton and Fulton County. The Peterson Healthcare-associated facility is located at:
129 S. 1st Ave.
Canton, Illinois 61520
Canton Nursing Home Resident Safety Concerns
As a way to keep the American public informed, both the state of Illinois and the federal government routinely update their nursing home information databases to reflect the most currently opened investigations, safety concerns, health violations, and filed complaints. The updated information can be found on numerous websites including Medicare.gov.
Currently, Sunset Rehabilitation and Health Center maintains an overall one out of five available star rating in the Medicare star rating summary system and comparative analysis tool. This includes four out of five stars for quality measures, two out of five stars for health concerns and one out of five stars for staffing issues. Our Canton Illinois nursing home neglect attorneys have found numerous complaints and concerns involving this facility that include:
- Failure to Report and Investigate Any Act or Allegation of Abuse, Neglect or Mistreatment of Residents
In a summary statement of deficiencies dated 12/07/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility's failure to "investigate potential physical abuse, report an allegation of potential abuse to the Administrator/Abuse Coordinator immediately, notify the State Agency, and remove the suspected perpetrator [from all residents in the facility].” The state investigator noted that the deficient practice by the nursing staff and Administrator at Sunset Rehabilitation and Healthcare Center “has the potential to affect two residents… reviewed for abuse… and the 13 residents who reside on the B-wing.”
The abuse was first noted at 1:10 AM on 11/27/2015 in a resident’s Nurse’s Notes that documented that a resident was “making comments that staff pushed [the resident] down and stomped on [the resident].” In addition, the 8:52 PM 12/02/2015 Emergency Department Notes revealed that the resident stated that “staff is mean to [me] and they pushed [me] around.” The resident “specifically named two staff members [both Certified Nursing Assistants who] worked the graveyard shift.” The resident states that one of the Certified Nursing Assistant’s kicks the resident’s “Walker when [they] won’t ambulate fast enough and [the other Certified Nursing Assistant] does something really bad when [the resident] asked to go to the bathroom.” The resident “refused to explain further what [the CNA] would do to [the resident].”
The state investigator interviewed the facility’s Administrator 2:45 PM on 12/03/2015 who stated that “We haven’t had to do any abuse investigations with [that resident]. I worked the night of 11/27/2015 regarding the staff pushing [the resident] down and stomping on [the resident]. I had a long history with [this resident]. I checked [the resident] out and [the resident] didn’t have any marks or bruises. I didn’t do an investigation because I knew [the resident] well enough and I knew it wasn’t true.”
The facility then generated a state agency report the following morning at 10:45 AM on 12/04/2015 showing that the incident occurred on 11/27/2015. The state investigator interviewed one of the Certified Nursing Assistants who admitted they had not reported the incident to anyone.”
- Failure to Develop, Implement and Enforce Policies to Prevent Mistreatment or Abuse of Residents
In a summary statement of deficiencies dated 12/07/2015, the state investigator noted the facility’s failure “to follow to abuse prevention policy by not investigating allegations of potential abuse, not immediate reporting potential abuse to the Administrator and the State Agency, and not immediately removing the alleged perpetrator from the premises.”
The state investigator noted that the actions of the nursing staff and Administrator at Sunset Rehabilitation and Health Center failed to follow the facility’s 11/01/2011 policy title: Abuse Prevention Policy that reads in part:
“The facility must ensure that all alleged violations involving mistreatment, neglect or abuse are reported immediately to the Administrator of the facility and to other officials in accordance with state law. The report shall be made as soon as possible, but ought not to exceed 24 hours after the discovery of the incident. Upon learning of the potential/alleged abuse the Administrator or designee shall initiate an investigation [...and] employees of the facility who have been accused of mistreatment will immediately be removed from resident contact until the results of the investigation had been reviewed by the Administrator or designee.”
Canton Illinois Nursing Home Abuse Lawyers
If your loved one has suffered abuse and mistreatment while residing at Sunset Rehabilitation and Health Center or any other Illinois nursing facility, Rosenfeld Injury Lawyers LLC can take immediate legal steps to intervene. Our Fulton County elder abuse lawyers can build a case to ensure that your family receives the financial recompense they deserve.
We encourage you to contact our Canton Illinois nursing home abuse law firm today at (888) 424-5757 to schedule a no obligation, free consultation. No upfront fees are required because we accept all personal injury claims for compensation on contingency.