According to the National Center on Elder Abuse, more than 90% of nursing home residents are victims of neglect and abuse, often involving being denied necessary respiratory care to being residents affected by being physically or verbally assaulted by staff members. Often, family members don't even realize what's going on until it's too late.
Nursing home residents are often victimized by neglect and abuse. This can take many forms, including physical abuse, emotional abuse, sexual abuse, financial exploitation, and medication errors. Family members can protect their loved ones from mistreatment by being aware of the signs of abuse and neglect and reporting their concerns to the appropriate authorities.
Do you suspect your loved one is a victim of nursing home abuse or mistreatment law while staying at Symphony Midway? The personal injury attorneys at Rosenfeld Injury Lawyers, LLC can legally advocate stopping the mistreatment on your family's behalf.
Contact our Chicago, IL nursing home abuse attorneys at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free consultation. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
This Chicago facility is a 249-certified bed Medicare and Medicaid-participating for-profit long-term care home (not a continuing care retirement community) providing nursing services to a Cook County family residing at Symphony Midway. The service mark-owned Symphony Midway nursing home is located at:
4437 S Cicero Avenue
Chicago, IL 60632
Phone: (773) 884-0484
Resident's preferences to their complete care plan but some of the services and amenities provided by Symphony Midway include:
- Post-Acute Care and Rehabilitation
- Post-Hospital Rehabilitation
- Clinical Programs
- Cardiac Rehabilitation
- Physical Therapy
- Occupational Therapy
- Speech Therapy
- Respiratory Care and Rehabilitation
- Pulmonary Rehabilitation
- Orthopedic Rehabilitation
- Wound Care
- Memory Care
- Pain management
- Senior living options
- Palliative Care
Not all services, care, specific treatment, and amenities mentioned above offered at Symphony Midway are available at all Symphony Care Network member facilities. Symphony Midway provides consulting and marketing services to provide appropriate care and maintain options for improving quality of life.
Symphony Midway Nursing Home Resident Safety Concerns
The Centers for Medicare and Medicaid Services (CMS) provides updated information on every nursing facility in the United States, including the Chicago area, providing care to Medicare patients. The inspection service information lists all inspections, violations, penalties, and formal complaints reported at Symphony Midway.
Many families use valuable Medicare and Medicaid Services information about residents affected by neglect or abuse to select the best community nursing facility to ensure services provided by the facility meet professional standards of quality so that their beloved family member receives the best care to meet all the resident's needs.
Symphony Midway nursing home maintains one out of five stars for an overall Medicare rating system. The average rating includes:
- One out of five stars for health inspections and staffing issues
- Four out of five stars for quality of life measures
The Chicago, IL personal injury attorneys at Rosenfeld Injury Lawyers, LLC have reviewed much of the documentation provided by Medicare and Medicaid services and identified significant safety concerns through the Symphony Care Network at Symphony Midway nursing home, including:
Failure to Protect Each Resident From all Types of Abuse Such as Physical, Mental, Sexual Abuse, Physical Punishment, and Neglect by Anybody – Deficiency #F0600
In a summary statement of deficiencies dated May 20, 2022, the state investigators determined that Symphony Midway "failed to ensure the resident was free from physical abuse." Upon admission to Midway Symphony, the social worker documented that the patient was at minimal risk for potential abuse and neglect.
The state investigator reviewed the resident's complete care plan, revealing that the Symphony Midway resident "is at risk for abuse related to behavior problems and mental/emotional challenges." On May 17, 2022, they stated that another patient had "bopped" them, and they had intended actual harm. The patient told the investigator they did not know who this person was and felt threatened by the incident.
The Assistant Director of Nursing said they witnessed an incident between the victim and another patient. The other patient was agitated because this patient had "interrupted the conversation or something."
The Symphony Midway Assistant Director of Nursing also said the other patient did "bump the side of" this resident's right shoe but did not run over the foot while in the nursing home area.
A review of the Symphony Midway Abuse Prevention Program Policy shows that "residents have the right to be free from abuse, neglect, exploitation, misappropriation of property, or mistreatment." This incident shows that there was not adequate supervision for the residents affected who suffered physical harm.
Failure to Ensure the Nursing Home Areas Free From Accident Hazards and Provides Adequate Supervision to Prevent Accidents – Deficiency #F0689
In a summary statement of deficiencies dated May 20, 2022, the state investigators determined that Symphony at Midway "failed to provide a safe, comfortable, homelike environment free from potential accident hazards." Investigators determined that four residents were affected by this failure while residing at Symphony at Midway.
One patient at the facility told the state investigator, "I have been in this room since the beginning of May 2022, and the ceiling has been leaking since then. I told the maintenance director about the leaking ceiling a few times, but the leaking water has not been fixed."
The patient stated that they place towels on the floor to soak up the water from the back of the toilet so "we don't slip and fall." This failure to maintain equipment placed this patient's life in the way of actual harm due to accidental hazards being neglected while receiving senior care.
Symphony Midway Resident's History of Wandering
In a \separate summary statement of deficiencies dated October 7, 2021, the state investigators determined that Symphony at Midway failed to "monitor and supervise a resident who had a history of wandering behavior and goes into other residents' rooms."
On October 4, 2021, just before noon on the 4th floor, the state investigator observed the resident "wandering in the hallway and attempting to go into other residents' rooms. No staff was observed redirecting the resident."
A Symphony Midway certified nurse assistant that provides the patient's care stated that the patient is "very confused and wanders into other residents' rooms," explaining that on September 9, 2021, she heard the patient "screaming in the room of another resident, and rushed in to see the wandering patient standing over the other patient who "was laying on the floor screaming."
Failure to Implement Policies and Procedures to Ensure Employees Report Any Suspicious Crimes against Any Resident and Prevent Retaliation – Deficiency #0608
In a summary statement of deficiencies dated August 19, 2021, the state investigators determined that Midway Symphony Failed to "investigate an allegation of theft" for one resident.
The Symphony Midway resident told the investigator they were distraught because the facility had not yet helped her get her money back that another resident had stolen from her debit cards. One resident accused the patient of stealing her items after going through her belongings when she was out of the facility.
The resident indicated that the patient was in on the stealing and stated they did not have any proof of their allegation when asked. The investigator discussed the issue with the Midway Symphony Social Worker stating that he offered to help the resident in the last two weeks. Still, the resident said they would handle it independently.
The report indicates that another Symphony Midway resident "told the cards and charge of privately $1000-$1200." The investigator asked the social worker if they had contacted the police regarding the theft. The social worker responded, "no," the resident can "call the police herself."
A review of the Symphony Midway Policy on Residents' Rights – Your Rights to Safety shows: that "you must not be abused, neglected, or exploited by anyone financially, physically, verbally, mentally, or sexually."
Nursing Homes Must Implement an Infection Prevention and Control Program
In the United States, senior and disabled long-term care member facilities are regulated by the Centers for Medicare and Medicaid Services (CMS) to ensure that residents affected receive quality service and care. Unfortunately, nursing home residents are often victims of abuse and neglect.
Nursing home abuse can take many forms, including physical abuse, emotional abuse, sexual abuse, and financial exploitation. Negligence can also take many forms, such as refusing necessary medical care or medications, not providing enough food or water, or leaving residents in unsanitary conditions.
One of the most serious dangers nursing home residents face is the risk of infection. Nursing home residents are at risk of severe infections because they are often elderly and have weakened immune systems.
In addition, many residents affected are already infected with multidrug-resistant organisms (MDROs) before they enter the nursing home. MDROs are bacteria that are resistant to multiple antibiotics. The most common way nursing home residents contract life-threatening infections is through contact with other residents.
The Centers for Disease Control and Prevention (CDC) has identified five ways that residents can come into contact with germs that can cause infection: contact with feces, contact with vomit, contact with saliva, contact with blood, and contact with urine.
To reduce the risk of infection, assisted living facilities like Symphony Midway should have an effective infection prevention and control program.
A compelling infection prevention and control program should include the following components:
- Follow the appropriate treatment for infection isolation protocols by providing PPE (personal protective equipment) when contacting or near residents diagnosed with contagious infections, including MRSA, norovirus, and C-diff, as well as when coming into contact with blood or other body fluids.
- Use of personal protective equipment (PPE). Nursing home staff should use PPE when contacting blood or other body fluids. PPE includes gloves, gowns, face masks, and eye protection.
- Educate and train all staff on the proper use and handling of PPE and how to maintain appropriate care service to each patient without spreading bacteria and infectious diseases.
- Keep communal areas clean and disinfected, especially after an illness has been reported, so those with respiratory care plans are safe from airborne pathogens.
- Isolation precautions. Residents who are infected or colonized with an organism that can cause infection should be placed in isolation until they no longer threaten other residents.
- Monitor residents for symptoms of infection and report any concerns to a supervisor immediately.
- Environmental cleaning and disinfection. The nursing home should have a written protocol for cleaning and disinfecting environmental surfaces that come into contact with blood or other body fluids. Appropriate treatment would be to immediately clean and disinfect any area where a resident has vomited or had a bowel movement.
- Hand hygiene is the essential way to prevent the spread of infection. Nursing home staff should always wash their hands before contacting a resident, after contacting any body fluids, and after using the restroom.
- Avoid touching your face, mouth, or eyes while working to keep residents affected from spreading the disease through you.
- Keep all immunizations up to date, per the patients' complete care plan, unless for a medical reason that they should not, especially those recommended for healthcare workers.
- Education of staff and residents should be educated about how to prevent the spread of infection.
Creating and Maintaining a Safe Environment Can Prevent Accidents
The nursing staff must ensure that the nursing home area has no accident hazards that endanger the individual's life or put them in harm's way of a major injury.
The resident's preferences and requirements for a safe environment include ensuring that all equipment is in working order and that spills and clutter are cleaned up promptly. In addition, staff should be aware of potential danger areas, such as wet floors or open stairwells, and take steps to prevent residents from injury.
Unfortunately, nursing home residents within the Symphony Care Network can suffer serious injuries if they are not adequately supervised. These injuries can sometimes lead to long-term health problems or even death.
Therefore, the nursing staff must take all necessary precautions to keep residents safe. By following proper safety protocols and remaining vigilant, the staff can help ensure residents enjoy a healthy and safe stay at the member facility through the Symphony Care Network.
- Maintain a Working Call System: Promptly answering a call light Sent from the resident's bathroom, bathing area, or bedside for any medical or non-medical reason and often save the life, but help is needed immediately.
- Have a nurse on duty at all times: In an emergency, having a registered nurse on duty can make all the difference.
- Conduct drills and staff training: Ensuring staff is familiar with emergency procedures can help avoid dangerous situations.
- Keep accurate logs of incidents: This can help identify patterns and potential problems.
- Have policies for reporting abuse and neglect: It is critical that disabled and senior long-term care facilities have a system for reporting any abuse or neglect that occurs to protect residents.
- Screen employees carefully: Conducting background checks and reference checks can help ensure that the people who work in assisted living facilities are qualified and trustworthy.
- Require staff to wear name tags to help residents easily identify staff members in an emergency.
- Regularly inspect the premises: This can help identify safety hazards before they become a problem.
- Establish rules and regulations: Short and long-term care facilities should have clear rules and regulations that everyone is expected to follow to maintain a safe environment.
- Cooperate with investigations: Nursing homes should cooperate fully with any investigations if there is an incident involving abuse or neglect.
Residents Affected by Significant Medication Errors Are At Risk of Severe Injuries
Nursing homes in the Symphony Care Network are entrusted with a great responsibility: the care of our elderly loved ones.
These facilities must maintain a high level of accuracy regarding drug administration, as even a single error can be deadly. Unfortunately, recent reports suggest that many nursing homes are not meeting this standard.
The Centers for Medicare and Medicaid Services (CMS) has mandated that elderly and disabled living facilities' medication error rates not exceed 5%. However, a recent study by the Health and Human Services Office of the Inspector General found that nearly one-third of nursing homes had a medication error rate higher than 5%. This is simply unacceptable.
All family members residing in nursing homes must ensure that their drug administration process is as accurate as possible. This means ensuring that all staff members are adequately trained in drug administration procedures and that rigorous safety protocols are in place.
Anything less is putting our elderly loved ones at risk.
Hire Nursing Home Neglect Attorneys to Hold the Facility Accountable
Did your loved one suffer neglect and abuse while residing in Symphony Midway or any other nursing home in Illinois? The nursing home abuse attorneys at Rosenfeld Injury Lawyers can help residents affected by mistreatment.
Contact us at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free consultation. All confidential or sensitive information you share about your legal issues with Symphony Midway remains private through an attorney-client relationship.
Our legal team accepts all personal injury cases and wrongful death lawsuits on a contingency fee basis. This agreement ensures that you will pay no upfront fees until we resolve your claim through a negotiated settlement or jury award.