The Illinois Department Of Health has cited and fined Galena Stauss Nursing Home when a resident suffered a broken neck when staff members dropped her while trying to move her from her bed to a chair.
The resident in question was a cognitively aware person who had partial amputations of both legs and required staff assistance for all transfers.
The incident occurred when two nursing assistants (CNAs) were using a mechanical lift – a device with a sling that cradles the person and lifts them – to move the resident. During the transfer, the resident fell through a gap in the sling, hitting her head, neck, and shoulder on the floor. As one of the CNAs described it: “She fell out the left side of the sling between the head and leg straps.” The other CNA provided more detail, saying “She went through the gap between the head strap and the leg strap, through that hole, over the left arm rest and onto the floor. She hit her head, shoulder, and neck area first.”
What followed was a concerning delay in identifying the severity of the resident’s injury. Though she began complaining of neck pain the very next day, it wasn’t until nine days later that she finally received an X-ray. The scan revealed an “acute nondisplaced fracture of the odontoid process” – in simpler terms, a broken neck.
The resident’s doctor explained his response to the situation: “Cervical fractures present as pain. I was concerned about a fracture, which is why I shot over there right away… My concern with the neck pain was that she had a cervical fracture as a result of her fall, which was the reason I had her sent out.”
When interviewed, the resident was found wearing a neck brace and had visible bruising – “a faint blue/purple color similar to a nearly faded bruise” – on her left temple.
What makes this incident particularly troubling is that it was completely preventable. Multiple staff members confirmed this type of accident shouldn’t happen if proper procedures are followed. As the Director of Nursing stated, “If the CNAs are doing everything correctly, there is no reason that the resident should have fallen out of the sling. The only thing I can think of is that she was not positioned correctly.”
Another nurse who oversees falls prevention was even more direct: “If the [hoist mechanical lift] is used correctly it is our safest way to transfer her. If all the policies and procedures were followed correctly and she was positioned correctly, she should be able to be transferred without falling out of the [hoist mechanical lift]. The fall from the [hoist mechanical lift] caused the cervical fracture.”
In this case, it appears these basic safety requirements were not met, resulting in serious injury to a vulnerable resident.
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.
