IDPH has cited and fined Mayfield Care and Rehab when the facility failed to ensure that residents were free from physical abuse. In this case, one resident assaulted two other residents, leaving one with a hip fracture and the other with a black eye.
The staff of a nursing home has an obligation to protect all the residents and to anticipate and intervene in situations which have potential to escalate into violence. Federal regulations require that the nursing home have on hand staff to meet the care needs of its residents on a 24/7 basis. Residents who have a propensity towards acting out aggressively towards other residents must have a care plan developed to redirect unsafe behaviors directed toward fellow residents.
If the nursing home does not have enough staff to prevent the residents from doing harm to one another, then the only acceptable solution is to increase staffing levels. If the staffing levels do not permit adequate supervision of all residents, then the nursing home must stop accepting admissions of those patients.
In the first case the resident in question pushed another resident while in the elevator, causing the resident to fall and sustain a left hip fracture that required emergency transfer to the hospital and surgical repair. The resident / victim stated, “Someone punched me on the elevator, and I fell down.” The facility’s front desk receptionist heard the resident / aggressor yelling, “Hurry up or I am going to push you,” followed by a loud thud. The receptionist immediately responded and saw the resident on the elevator floor, screaming, “Oh, my leg, my leg.”
The resident was rushed to the Emergency Room and was diagnosed with a left hip fracture as a result of the assault.
In the second case the same resident physically punched another resident in the face while he was seated in the dining room during an activities program. An Activities Aide witnessed the resident / aggressor “swing and hit the resident in the eye” with a closed fist. The Psychiatry Rehabilitation Services Assistant also observed the resident / aggressor punch the victim in the side of the head. As a result of the assault, the resident / victim sustained a black eye.
It is the responsibility of the facility to provide a safe environment for all of its residents. If the staffing levels do not permit adequate supervision of all residents, then the nursing home is obliged to stop accepting admissions of those patients.
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.
