The Illinois Department of Health has cited and fined Arc At Hickory Point when a certified nursing assistant transferred a severely cognitively impaired resident using a mechanical lift without the required second staff member present, resulting in the resident suffering a displaced fracture of the right femur. The improper transfer violated the facility’s own policy and led to the resident needing surgery to repair the broken bone.
The incident occurred when a resident began yelling to “get up” during the night. According to nursing notes, the resident had been in a “normal mood without pain” earlier in the evening when receiving medications. Around midnight, a Certified Nursing Assistant (CNA) responded to the resident’s calls and used a mechanical lift to transfer the resident from bed to wheelchair without assistance from a second staff member. The facility’s policy clearly states “when using a mechanical lift for transfers two staff members need to be present.” The resident’s care plan also specifically documented that the resident “transfers with a mechanical lift and assistance of two people.”
After the transfer, the resident began “yelling and screaming that her leg hurt” and was brought to the nurses’ station. The nurse assessed the resident and found the right leg appeared “displaced” and “dangling.” The resident was unable to move the right lower extremity independently. Emergency services were called, and the resident was transported to the hospital where X-rays confirmed an “oblique displaced fracture of the distal right femur.” The resident underwent surgery for “retrograde nailing” to repair the fractured femur.
When interviewed, the CNA admitted to transferring the resident alone using a sit-to-stand lift. The nurse stated, “I can’t say that the resident was transferred incorrectly because I was not in the room during the transfer,” but confirmed the leg was “clearly displaced” when preparing the resident for transport. An orthopedic surgeon at the hospital reportedly told the resident’s family member that the spiral fracture “may have been caused during the resident’s transfer at the facility,” though he later expressed reluctance to provide opinions that could be used against the facility. The family member expressed frustration, stating he “never received answers as to what happened” and was concerned that the resident “went to bed fine, and then at 1:00 AM was screaming and in pain.”
One of our core beliefs is that nursing homes are built to fail due to the business model they follow and that unnecessary accidental injuries and wrongful deaths of nursing home residents are the inevitable result. Our experienced Chicago nursing home lawyers are ready to help you understand what happened, why, and what your rights are. Contact us to get the help you need.
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