IDPH has cited and fined Aperion Care St. Elmo nursing home after a resident there suffered a fractured hip in a fall.
Nursing homes are closely regulated by the federal government, and one of the things that they are required to do is to submit data regarding the care that is being provided to residents on a form known as the Minimum Data Set (MDS). The MDS is certified under oath by the nursing home staff completing it as being an accurate statement of the care that the nursing home is in fact providing. This is because the MDS serves as a basis for the amount of money that the nursing home receives for providing care to the resident.
This resident’s medical history included a history of stroke with residual left-sided weakness. Her MDS certified that the resident required extensive assist of two staff with bed mobility, transfers, walking in the room, walking in the corridor, and for toilet use.
On the day of this nursing home fall, the resident was brought to the bathroom by a single staff member. As they exited the bathroom and began to walk down the hallway, the resident’s left leg became weak, and she was no longer able to bear weight on the left leg. She fell, going down in a seated position abruptly, nearly pulling the staff member who was assisting her down on top of her. She began to experienced pain in the left hip and was brought to the hospital where an x-ray showed that she had a broken hip. She underwent surgery to repair the fractured hip.
Here, the nursing home identified an appropriate level of care for this resident, yet failed to provide it. At the time of this fall, the resident was walking in the corridor assisted by a single aide rather than the two called for in the MDS. Further, this is the kind of injury which was predictable, given her history of left-sided weakness due to her stroke. When her leg gave out on her, the single aide was not able to bring her fall under control, leading to the broken hip.
When a resident fails to get the care which is required, it raises a fair question as to whether this was an understaffed nursing home. Residents failing to get needed care is a hallmark of an understaffed and is also a hallmark 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. Order our FREE report, Built to Fail, to learn more about why. 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.
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