IDPH has cited and fined The Arc at Streator when the facility failed to ensure that a resident was assisted to the bathroom in a safe manner, resulting in the resident’s legs giving out and requiring her to be lowered to the floor by staff. This incident led to a right closed displaced spiral distal femoral shaft fracture.
According to the Incident Report an Aide reported that “while walking resident to the restroom- she stated legs/knees were giving out- aide stated she lowered resident to the floor.” The report also noted that the resident denied any new injury or pain but complained of pain to the right shoulder and hip, which she had frequently experienced before.
The resident’s Progress Notes documented her complaints of extreme pain in the right leg, inability to sit up in bed with assistance, and some swelling noted in the right femur. X-rays were ordered, and the resident requested to go to the hospital due to extreme pain without relief. She was transported to the hospital by ambulance.
A Certified Nursing Assistant who was assisting the resident at the time of the incident stated, “As we were walking from the bed to the bathroom, she said her legs felt weak and I told her ‘a couple more steps’ and then she started to go down. I went down first, and my leg hit the floor before she did. I lowered her to the floor.” The CNA also mentioned that when they tried to move the resident to get her up, she complained of pain in her right leg and was unable to roll over to her other side.
The resident’s Orthopedic Consultation confirmed the diagnosis of a “Right closed displaced spiral distal femoral shaft fracture.” The Director of Nursing from the facility called the orthopedic clinic, claiming that the mechanism of the fall could not have resulted in the type of injury that the resident had. However, the orthopedic physician stated that the spiral fracture was from trauma and not pathological in nature, and that the resident’s injury could have been due to a twist-and-fall, leading to the spiral fracture pattern.
The Director of Therapy provided insight into the resident’s condition before the fall, stating that she required a sit-to-stand transfer and was not consistent enough for the therapy team to release her to nursing for ambulation. The Director of Therapy also mentioned that the resident was a “self-limiting individual” who would decide to sit down in the middle of a walk, expecting staff to be there with a chair or to catch her.
After the incident, the facility created a care plan that stated they will place a sign in the resident’s room reminding staff that the resident is a stand/pivot transfer only with no ambulation.
The facility’s failure to ensure that the resident was assisted to the bathroom in a safe manner would be a reasonable basis for a nursing home abuse and neglect lawsuit. The whole point of placing a loved one in a facility such as this is to avoid preventable nursing home falls like this one.
The real question to this though is why did the facility not recognize that the resident was not fit for ambulation prior to the injury? The answer will likely take some form of feeling rushed and with too much work to do and too little time to get it done. This is of course a consequence of understaffing of the nursing home which is a part of the nursing home business model.
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.
