By federal and state law, nursing facilities can only use physical and chemical restraints that have been authorized using strict guidelines, procedures, and protocols. However, many patients are restrained against their will and without authorization to minimize the nursing staff responsibility of providing ongoing monitoring or supervision. Rosenfeld Injury Lawyers have represented abused residents of Illinois nursing facilities like Clinton Manor Living Center to ensure their rights were protected against the unauthorized use of restraints.Clinton Manor Living Center
The Center is a 39-certified-bed ‘for profit’ Medicaid/Medicare-participating nursing facility providing services to residents of New Baden and Clinton County, Illinois. The nursing home is located at:
111 E. Illinois St.
New Baden, IL 62265
In addition to providing skilled nursing services, Clinton Manor Living Center also offers Rehab-Care rehabilitation services including physical, occupational, and speech therapies.New Baden Nursing Home Resident Safety Concerns
A complete list of filed complaints, opened investigations, health violations and safety concerns can be found on numerous websites including Medicare.gov. Many families use this data for a comprehensive understanding of the level of care every nursing facility provides in their community.
Currently, Clifton Manor Living Center maintains an overall five out of five available stars rating in the Medicare star rating comparison analysis system compared to all other facilities nationwide. This includes five out of five stars for health inspections, four out of five stars for staffing issues and two out of five stars for quality measures. The Clinton County nursing home neglect attorneys at Rosenfeld Injury Lawyers have found serious deficiencies and safety concerns at this facility that include:
- Failure to Ensure Residents Remain Free from Unauthorized Physical Restraints
In a summary statement of deficiencies dated 08/07/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility's failure to "identify a medical symptom justifying the use of restraints, assess for the use of potential restraint including risk versus benefits.” The deficient practice by the nursing staff at Clifton Manor Living Center affected three residents “reviewed for restraints.”
One failure was first noted in the late morning of 08/05/2015 when a resident “wheeled himself in his wheelchair into the dining room with the seat belt on.” A few minutes later, a Certified Nursing Assistant (CNA) asked the resident “to release the seatbelt from around his waist, which he did.” The following afternoon at 12:15 PM, the resident was again “sitting in the dining room, was seatbelt on.” Again on the following day at noon, the resident “was sitting in the dining room with his seatbelt on.
The investigator reviewed the resident’s August 2015 Care Plan that reads in part “I require one to assist with a gait belt and walker for transfers. I can reposition myself independently. I wear a belt in the wheelchair for improved posture and increased overall independence.” However, the investigator noted that the resident’s ECR had “no assessment to document the risk versus benefit to support the use of a lap belt.”
- Failure to Provide Every Resident an Environment Free of Accident Hazards and Provide Adequate Supervision to Avoid Injury
In a summary statement of deficiencies dated 08/07/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility's failure to "provide effective safety interventions, safe transfer techniques, and supervision to prevent recurrent falls.” The deficient practice affected one resident diagnosed in part with anxiety disorder and dementia.
The state investigator reviewed the resident’s Unusual Occurrence Reports for the first half of 2015 occurring on February 4, March 26, April 5, April 15 and June 22 that documents of the resident “got up without assistance and fell, sustaining no injury.” The reports include “interventions after each of the falls is to remind [the resident] to use the call light, the walker, and to ask for help.”
The 06/23/2015 9:10 AM Unusual Occurrence Report documents that the resident “was found on the bathroom floor with the wheelchair locked in position in the doorway of the bathroom.” In revealed that “therapy staff at assisted [the resident] onto the toilet and left her on a toilet, thinking she would use her call light when she was done.”
Again at 7:30 PM on 07/01/2015, the Unusual Occurrence Report revealed that the resident “was heard screaming for help and was found on the bathroom floor with no injury [...and] had attempted to take herself to the bathroom without assistance.” Even with an intervention 15-minute observation schedule and toilet [the resident] every two hours, the resident fell again the following day at 11:15 AM while attempting “to toilet yourself and was found on the bathroom floor.
If you, or your loved one, have been injured or harmed while a patient at Clinton Manor Living Center, call Rosenfeld Injury Lawyers. Our Illinois nursing home attorneys can ensure your family receives the financial compensation they deserve for your loved one’s harm.
We encourage you to call our Clinton area elder abuse law office today at (888) 424-5757 to schedule your no obligation, case evaluation at no charge to you. No upfront fees or retainers are required because we accept all nursing home cases through contingency fee agreements.