Fairmont Care releases COVID-19 statistics showing 119 COVID infections and 19 deaths. Levin & Perconti, Illinois nursing home lawyers launch investigation into gross negligence in preventing the spread of COVID-19
On May 28, 2020, Fairmont Care: located in Chicago, Illinois, released long term care outbreak data reporting of laboratory confirmed COVID-19 outbreak cases. These statics confirm that 119 infections and 19 deaths have occurred at the facility during the COVID-19 outbreak.
Based on the Illinois Department of Public Health’s Quarterly Reports of Nursing Home Violations, Fairmont Care was found to be in violation of several policies and procedures prescribed by the Illinois Department of Public Health.
In Quarter 2 of 2019 (April – June), a survey conducted April 17, 2019 found Fairmont Care to have committed a Type B Violation. The violation included sections of the Code: 300.610(a), 300.1210(a), 300.1210(b)(3), and 300.3240(a). Specifically, the facility failed to develop a plan of care with fall prevention interventions to reduce or prevent the risk of falls for a resident who subsequently suffered from a fall resulting in his hospitalization. The record provides no indication that the facility undertook any revision or update to their initial care plan which failed to achieve its objective in preventing residents from falling.
The Illinois Department of Public Health conducts yearly recertification procedures in which nursing homes are subjected to a review of their regulatory history and any violations occurring at the home. Furthermore, during the recertification process, when a nursing home has been found to have committed a regulatory violation, the facility is subsequently required to submit a plan of correction for how it will remedy the violation or prevent similar violations from occurring in the future.
For Fairmont Care, three separate complaint investigation surveys were submitted to the Illinois Department of Public Health on: April 20, and 27, and May 5, 2020. All three of the aforementioned complaints were submitted with regard to COVID-19 infections at the facility and the need for further medical assistance to deal with the outbreaks. Moreover, a survey conducted on March 13, 2020 found the facility had failed to provide a resident with the required medication; and another conducted on December 20, 2019, finding the facility failed to follow physician-order to provide wound care to a resident who was in need of such care and treatment.
As for recertification, the survey conducted on July 14, 2016 coincided with a complaint investigation in which the facility was found to have failed numerous policies and procedures. First, the facility failed to ensure personal information remained confidential for all 148 residents whose private health information is stored in the facility database. Second, the facility was found to have failed to follow prescribed orders for treatment for multiple residents. Additionally, the facility failed to maintain an adequate procedure to ensure that controlled medications were accurately counted and documented on one of six units observed during medication pass. Lastly, and most importantly in the scope of COVID-19, the facility was found to have failed to maintain an Infection Control Program designed to provide a safe, sanitary, and comfortable environment to prevent the development and transmission of diseases and infections. Specifically, the facility failed to maintain infection control standards with wound care and further failed to maintain infection control with storage of respiratory equipment.
The 2017 recertification survey, conducted on August 10, 2017, found the facility had failed to follow the Call Light Policy to ensure call lights were accessible to residents who were unable to transfer and walk without assistance. Moreover, the survey concluded the facility failed safely position and apply leg support for a resident’s wheelchair which resulted in that resident suffering from a fall and sustaining wounds that required hospitalization. The 2018 recertification survey, conducted on September 27, 2018, found the facility failed to properly assess and obtain approval related to self-administration of medication for residents, failing to follow its policy with regards to self-administration of medication; and further failed to ensure medication carts were secured and locked while unattended in the unit hallway.
The 2019 recertification survey, conducted on July 11, 2019, found the facility failed to ensure that a resident with a stage III sacral pressure ulcer received adequate care to promote healing of the wound. Similar to the findings in the 2018 recertification survey, the facility was again found to have failed to maintain medication carts in that the carts were improperly labeled, contained expired medication, and open or partially used medications were not properly discarded. The fact that the facility was cited for a similar violation in surveys conducted from two different years demonstrates the facility’s failure to implement or abide by its plan of correction which should have remedied this failure back in 2018. Furthermore, the facility failed to ensure visitors and staff wore personal protective equipment when entering isolation rooms. Additionally, the facility failed to protect respiratory equipment from potential contaminates when not in use, and further failed to maintain resident catheters to prevent infection. Although these findings occurred before the current COVID-19 pandemic, they are incredibly relevant to the present situation and demonstrate the facility’s overall failure to provide adequate precautions and equipment being used to combat the current pandemic.
Founding partner Steven M. Levin described these outbreaks in many Illinois Nursing Homes: “for many years prior to this outbreak, Fairmont Care operated with insufficient staff and with a lack of adherence to recognized infection control protocols. It is not surprising that they were ill equipped to handle this outbreak.”
Levin & Perconti: Chicago Nursing Home Negligence Attorneys at Law
As experienced advocates for long-term care residents and their families, our firm is ready to help ensure that your loved ones stay safe and healthy during this unprecedented time. Please use our resources to help you stay connected and know that if you find yourself concerned about a resident’s well-being, you can call us at 312-332-2872 or toll-free at 877-374-1417 to request our help during a free Chicago nursing home negligence consultation.
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As COVID-19 continues to spread, it has also magnified systemic breakdowns within Illinois’ long-term care facilities, nursing homes, or assisted living centers. After this latest release of reported data by IDPH, more than half of the COVID-19-related fatalities in Illinois have now occurred at these facilities.