The use of unauthorized or unnecessary physical restraints by nursing facilities has been a serious problem for decades. Inappropriate use of physical restraints by nurses and nurses’ aides were first outlawed in 1987 when the U.S. Congress passed the nation’s first Nursing Home Reform Act that protects the rights of all nursing home residents. Unfortunately, the Lake Bluff elder abuse attorneys at Rosenfeld Injury Lawyers have represented many residents in nursing facilities who suffered serious harm caused by unauthorized physical restraint.
The Illinois Nursing Home Care Act provides legal remedies for nursing home residents or their representatives to sue the facility where the resident is neglected or abused. Often times, the resident can seek to receive financial recompense including the expense of treating their injury along with pain, suffering, loss of quality of life and other damages including attorney fees.
Claridge Healthcare Center
Claridge Healthcare Center is a 231-certified bed skilled nursing facility participating and Medicaid/Medicare, providing skilled-intermediate services including 24-hour nursing care to the residents of Waukegan and Lake County, Illinois. The facility is located at:
Lake Bluff, Illinois 60044
Lake Bluff Nursing Home Resident Safety Concerns
Every year, the federal government and the state of Illinois routinely update their nursing home databases to be used as a comparative tool for families placing their loved one in nursing facilities. They post this updated information on numerous websites including Medicare.gov. Currently, Claridge Healthcare Center maintains an overall two out of five available star rating when compared with other facilities throughout the United States.
Our Lake Bluff nursing home neglect attorneys have found numerous safety concerns and health violations involving this facility. Two of these concerns include:
- Failure to Ensure Residents Are Free from Unnecessary Physical Restraints
In a summary statement of deficiencies dated 10/03/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility's failure to "have a medical symptom for the use of a physical restraint and failed to remove as ordered.” The deficient practice the nursing staff at Claridge Healthcare Center affected two residents at the facility.
One failure was revealed in September 2015 by a state investigator who stated that on 09/01/2015 and 09/02/2015 during a noon meal, a resident’s “seat belt restraint was not released and [the resident’s] bilateral hand mittens were not removed.” The surveyor noted that the resident “is fed by staff.”
“On 09/02/2015 during a supervised activity program from 10:00 AM to 11:30 AM, [the resident’s] seat belt restraint was not released [...and] bilateral hand mittens were not removed so [the resident] could not participate in the activities.” The state investigator interviewed the Certified Nurses’ Aide Supervisor who said that the resident “cannot release the seat belt on his own [...and] wears the hand mittens because he bites his fingers and nails and causes scars/sores. He just wears them sometimes, not always.”
The investigator reviewed the resident’s 07/10/2015 Physical Restraint Assessment for the hand mittens that documents the mittens will be “released every two hours for 15 minutes, at mealtimes and [during] activities. The physical restraint assessment for the seatbelt dated 08/17/2015 shows [that the belt shall be released] during meal times.
- Failure to Ensure That Residents Receive Necessary Services and Care to Maintain Their Highest Well-Being
In a statement summary of deficiencies dated 10/03/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility's failure to "respond to a resident with dementia, exhibiting behaviors of distress.” This failure was first revealed at 9:06 AM on 09/01/2015 when a resident “was in the dining room after breakfast. She was banging on the table and speaking in Chinese to herself.
At 10:44 AM, [the resident] was in the dining room for an activity. She was patting herself on the head and talking to yourself in Chinese. Occasionally she would yell out. 11:49 AM, [the resident was sitting at the table and dining room for lunch. She was banging on the table and yelling out. The staff was in the dining room, but [offered] no intervention.”
The state investigator noted that the resident’s 07/24/2015 Care Plan directs the nursing staff to “Use behavior management techniques to promote and shape the desired behavior such as: look pro-actively for behavior, identify causal factors and work to reduce, minimize and/or treat the causal factors. This stresses prevention. Monitor resident for increased agitation. Removed from the area physically aggressive.”
Lake Bluff Illinois Nursing Home Abuse Lawyers
If your loved one has suffered serious harm, injury or abuse through the improper or unauthorized use of physical or chemical restraints while residing at Claridge Healthcare Center or any other Illinois nursing facility, Rosenfeld Injury Lawyers can help. Our team of dedicated Lake County elder abuse attorneys can provide legal options to prevent further abuse and mistreatment and begin the process of building a case for financial compensation.
We encourage you to make contact today with our Waukegan nursing home abuse law offices at (888) 424-5757 to make arrangements for your free, full no obligation case evaluation. We accept all wrongful death lawsuits, nursing home neglect cases and personal injury claims through contingency fee arrangement. This means we provide immediate legal services and are only paid after we win your case at trial or negotiate an acceptable financial compensation amount through an out of court settlement.