IDPH has cited and fined Bria Of Elmwood Park when the facility failed to adequately monitor and supervise two residents who have dementia and a history of wandering. This failure resulted in an incident where the female was found in the male’s room with the male inappropriately touching and groping the female while exposing her breast.
Nursing homes in Illinois serve residents with a variety of issues. Some are in for short term rehab after a surgery; some have chronic long term medical issues which leave them too frail to live at home safely.
Still others have few physical limitations but instead have advanced dementia which requires long-term care. Sometimes their issues manifest themselves in ways which are physically or sexually aggressive toward other residents. When that happens the nursing home has an obligation to keep all of its residents safe.
Staff members, including CNAs and an LPN, reported finding the residents in inappropriate situations on multiple occasions. Despite initially separating the residents and placing them under observation, staff was unable to prevent them from returning to the male’s room unsupervised, where the inappropriate behavior continued.
The Director of Nursing acknowledged that “the staff was not able to prevent the residents from going back to his room the 2nd time.”
In the most serious of the incidents, An LPN confirmed that she was summoned to the male resident’s room by a CNA, where she saw the male resident and the female resident sitting on the male resident’s bed, with the female’s shirt slightly up and a breast exposed.
A few hours later a CNA reported that she again found the female fully clothed in the male resident’s bed, with the male sitting at the foot of the bed poking the female resident’s genital area over her pants. The CNA heard the female resident refusing and saying “No.”
Investigations by the facility, hospital, and police confirmed the details of the incident. The female’s hospital record showed no clinical signs of physical or sexual trauma, and the police report documented the observations of staff members. Ultimately, the final State Reportable determined the allegation to be unfounded, as both residents have documented cognitive impairments and dementia and could not recall the interactions.
However, the facility’s inability to prevent the residents from engaging in inappropriate behavior, despite being aware of their conditions and the initial incident, highlights the need for improved supervision and monitoring practices. The failure to ensure the safety and well-being of these vulnerable residents is a serious concern that indicates the facility has failed in its obligation to keep all of its residents safe.
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.
