IDPH has cited and fined Aperion Care Midlothian when the nursing home failed to ensure the safe transfer of a resident using a mechanical lift, as required by the resident’s care plan and the facility’s transfer policy. This failure resulted in the resident being transferred to the local hospital and treated for a fractured right hip.
Much of the routine care that residents receive in a nursing home setting is shaped by the resident care plan. In the care planning process, an assessment is done to identify the resident’s care needs and risks to the health and well-being of the resident. A series of steps, or interventions, are then put into place which are intended to meet the resident’s needs. The staff members assigned to carry out those interventions then must do so on a day-to-day, shift-to-shift basis.
The resident in question had a care plan that clearly stated that the resident was “totally dependent with transfers related to generalized weakness” and required “transfer from bed to chair with two persons using the mechanical lift device, using safe technique and verbal cues.”
Despite these clear directions in the care plan, multiple staff members, including two CNA’s, admitted to manually lifting the resident under the arms during transfers, disregarding the care plan and the facility’s policy.
Further, when the interviews were conducted at the facility, the State was unable to get a clear picture of exactly how the resident was injured due to the staff’s unwillingness to discuss the incident. The Director of Nursing acknowledged the lack of transparency among staff, stating, “I asked staff what happened but the staff stick together and cover for each other and would not tell me anything.”
There were also inconsistencies in the documentation and statements provided by staff members. A Nurse initially stated that the resident required only one person to assist with transfers, contradicting the resident’s functional assessment and care plan. The Nurse also denied documenting false information on the resident’s transfer form, despite the hospital receiving a copy noting the reason for transfer as a fall.
The nursing home’s failure to follow the resident’s care plan and the facility’s transfer policy, coupled with the lack of transparency and inconsistent documentation among staff, directly contributed to the resident’s injury and subsequent hospitalization.
The facility failed to prioritize resident safety and adhere to established guidelines, resulting in preventable harm to the 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.
