IDPH has cited and fined Mayfield Care and Rehab when the nursing home failed to adequately supervise two residents despite knowing that the aggressor had a history of behavioral issues. This lack of oversight led to a severe altercation in which one resident pushed the other, causing the resident to suffer a left hip fracture requiring surgery, a fractured elbow, and soft tissue swelling.
One of the basic expectations that families have when they admit a loved one to a nursing home is that their loved one will be kept safe from violence or what would be criminal behavior elsewhere. In fact, the risk of being exposed to criminal behavior is one of the reasons that IDPH fines nursing homes. Sadly, nursing home residents are at times the victims of criminal behavior by staff or more often, the victims of assaults by fellow residents, as was the case here.
According to this incident report, the aggressor allegedly pushed the victim for no apparent reason while the victim was waiting for the elevator. However, additional details provided by an Assistant Administrator shed more light on the altercation. The Assistant Administrator received a phone call from a Receptionist stating that she had heard the aggressor yelling at the victim, telling her to “hurry up or get out of the way or the aggressor was going to push her.” Shortly after this, the Receptionist heard a noise and went to investigate, finding the aggressor standing at the elevator and the victim lying on the floor. As a result of being pushed, the victim sustained a left hip fracture, a fractured left elbow, and soft tissue swelling, injuries severe enough to require surgery to repair the hip fracture.
Despite the aggressor’s known history of behavioral problems, as evidenced by their care plan, the nursing home failed to implement adequate measures to ensure the safety of the residents. Staff witnessed the aggressor harassing the victim on the day of the incident, calling her inappropriate names, but the staff did not provide continuous supervision to prevent the situation from escalating.
The nursing home’s “1:1 Monitoring” policy emphasizes the importance of closely supervising residents with harmful behaviors, but the facility clearly failed to adhere to this policy in this case.
This case underscores the critical importance of vigilant oversight in ensuring the safety and well-being of nursing home residents. Nursing homes must be adequately staffed so that they are able to offer this oversight, otherwise residents may fall victim to attacks such as the one described here.
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.
