Unauthorized use of a physical restraint in a nursing facility is unethical because it strips away respect for the resident’s overall well-being and autonomy. In some cases, the nursing staff will use a physical restraint without proper authorization from the resident’s responsible party or doctor as a form of convenience to minimize the lack of supervision necessary to ensure the resident’s safety. Unfortunately, the Cahokia elder abuse attorneys at Rosenfeld Injury Lawyers have handled many cases where nursing home residents were stripped of their dignity, respect and rights due to the unauthorized use of a physical restraint.Bria of Cahokia
Bria of Cahokia is a 133-certified bed for profit Medicare/Medicaid-participating facility providing nursing services to residents of Cahokia and St. Clair County, Illinois. The facility is located at:
3354 Jerome Lane
Cahokia, Illinois 62206
Bria of Cahokia offers various services including:
- Long term care
- Wound care
- Orthopedic rehab
- Behavioral health
- Skilled nursing care
- Cardiopulmonary rehab
- Short term rehabilitation
To ensure the American public is fully informed on nursing homes throughout the United States, both the state of Illinois and the federal government routinely update their nursing home databases to reflect currently opened investigations, filed complaints, health violations and safety concerns. The updated information can be found on numerous websites including Medicare.gov.
Currently, Bria of Cahokia maintains an overall one out of five available star rating in the federal government star rating summary system and comparative analysis tool. This includes four out of five stars for quality measures, two out of five stars for health concerns and one out of five stars for staffing issues. Our Cahokia nursing home neglect attorneys have found numerous complaints, violations and safety concerns involving this facility that include:
- Failure to Ensure That Every Resident Is Free from Unauthorized or Unnecessary Physical Restraints
In a summary statement of deficiencies dated 04/30/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility's failure to "assess and document the risks versus benefits and medical symptoms justifying the use of restraints for [three residents at the facility] reviewed for restraints.” One incident involved a resident who was observed at 7:50 AM on 04/29/2015 “sitting in her wheelchair at a table in the common area with a lap top cushion and pommel cushion in place.” The resident “was unable to remove the alarm lap top cushion upon request and continued to stare blankly ahead.”
Further observation of the resident at 9:28 AM on the following morning on 04/30/2015 noted that the resident “was sitting in her wheelchair near the nurse’s station with an alarm lap top cushion and pommel cushion in place.” The investigator noted that the resident’s Physician Order Sheet (POS) “does not document an order for [any restraints].” The resident’s 04/07/2015 Care Plan does indicate that the resident fell on a previous date “an alarm lap top cushion while up in a wheelchair for positioning was ordered.” The resident’s 03/16/2015 Care Plan also documents “a pommel cushion was placed in [the resident’s] wheelchair for positioning.”
The investigator noted that the facility’s actions in regards to using a physical restraint on the with the resident fail to follow their October 2010 policy titled Physical Restraint Policy that reads in part:
“The resident must be physically and cognitively able to self-release devices such as Velcro lap tray, or tables. If the resident cannot mentally and physically self-release, then the device is considered a restraint. The policy further documents verifying physician’s orders.”
- Failure to Provide Care and Services to Prevent Urinary Tract Infections to Restore Normal Bladder Function
In a summary statement of deficiencies dated 04/30/2015, the state investigator noted the facility’s failure “to provide complete incontinent and indwelling catheter care [for two residents at the facility] reviewed for incontinent and indwelling catheter care.”
The state investigator observed a resident’s indwelling catheter care at 9:50 AM on 04/28/2015 and noted that “the indwelling catheter had no leg strap securing the catheter or the catheter tubing.” The Certified Nursing Assistant providing the resident care “removed [the resident’s] adult diaper and cleansed his perineal area [… without retracting] the foreskin and clean around the meatus or the glans” following established procedures for care. In addition, the Certified Nursing Assistant failed to “clean the indwelling catheter tubing from the penis outward.”
If you believe your loved one may be at risk for injury caused by unauthorized use of physical restraints while residing at any Illinois nursing facility including Bria of Cahokia, Rosenfeld Injury Lawyers can provide immediate legal intervention. Our St. Clair County elder abuse attorneys can begin the process of filing a claim on your behalf to seek the financial compensation your family deserves.
To ensure that your claim for financial recompense is successfully resolved, we urge you to contact our Cahokia Illinois nursing home abuse law firm at (888) 424-5757 today to schedule a free, full case evaluation. We accept all wrongful death lawsuits, personal injury cases and nursing home abuse claims for compensation through contingency fee agreements. This means we provide immediate legal services that are only paid for after we negotiate your acceptable out of court settlement against all parties involved or win your case at trial.