Understanding the obligations of a nursing home with regard to proper care of their residents is key to understanding how Vermilion Manor Nursing Home (and many other nursing homes) fundamentally failed in its duties to one of the residents living in the nursing home.
“Waiting for Godot” is an absurdist and existentialist play written by Samuel Beckett. In the play, two characters wait for a third, named Godot, to arrive. They wait, and talk, and wait some more. They always claim to be ready to take action, but they always end up doing nothing because “It’s safer.” There are many themes buried in the text, but the one that’s most relevant here is that choosing to take no action is still a choice, and people (and nursing homes) are still responsible for that choice.
When a nursing home resident first enters a nursing home like the Vermilion Manor Nursing Home in Danville, Illinois, the nursing home is obligated to conduct a complete evaluation of the resident. This evaluation is known as a Minimum Data Set (MDS). The MDS sets a score for things like the risk of a nursing home fall or a bed sore, general diagnosis, doctor’s orders, and many other potential hazards and conditions.
The nursing home then develops a plan of care that is based upon the results of the MDS. In this case, the Vermilion Manor Nursing Home resident was found to have dementia, delirium, and severe agitation. She was determined to be a high risk for falls.
When a nursing home fall occurs, the administration and staff of the nursing home are obligated to conduct a reassessment, investigate and analyse the incident, and put new interventions in place to prevent repeated incidents. Failing to do so constitutes nursing home neglect.
In a single month, the Vermilion Manor resident fell at least four times. When a resident suddenly begins experiencing nursing home falls, there is usually an underlying cause that can be identified and treated. Like the two characters from the play, however ,the staff and administration of Vermilion Manor chose to take no action that could reveal the root causes for these nursing home falls. The falls resulted in numerous emergency room visits but Vermilion Manor simply wrote off the falls as the result of an “unsteady gait.”
Sadly, Vermilion Manor is far from alone. As a nursing home fall lawyer, I’ve seen many nursing fall victims who have multiple emergency room visits on their record. All too often, I’ve seen nursing homes fail to properly analyse nursing home falls and implement proper interventions that will prevent recurrent falls.
If you have a loved one who has been injured in an Illinois nursing home, and you feel that nursing home neglect played a role in their injuries, contact our Chicago nursing home lawyers for a free and confidential evaluation of your case..