Many nursing facilities use physical restraints as a way to prevent or restrict a resident’s movement. However, federal and state nursing home agencies require that all physical and chemical restraints used on residents meet specific criteria including routine reviews on its efficacy and necessity based on a physician’s orders. Unfortunately, the elder abuse attorneys at Rosenfeld Injury Lawyers have represented many nursing home residents who have been victimized by unnecessary physical restraint.Generations at Neighbors
Generation at Neighbors is a 101-certified bed Medicaid Medicare-participating facility. The for-profit company provides skilled nursing services to residents of Byron and Ogle County, Illinois. The center is located at:
811 West Second
Byron, Illinois 61010
The facility provides both health care and rehabilitation services for both short term and long term patients that include:
- 24-Hour Skilled Nursing and Intermediate Nursing Care
- Memory Care for Dementia including a certified, dedicated Alzheimer’s Unit
- Short-Term Rehabilitation
- Intravenous Care (IV Therapy)
- Wound Care
- Palliative Care and Hospice Services
- Joint Replacement
- Pain Management
- Amputation Recovery
- Fracture Care
- Respiratory Care, Tracheostomy, and Oxygen Therapy
- Stroke Recovery
- Neuromuscular Disorder Care
Throughout the year, state and federal nursing home agencies continuously review, evaluate and update their information on nursing facilities and post the information on their website Medicare.gov. Currently, Generations at Neighbors maintains a one out of five available star rating compared with other nursing homes nationwide. This includes four out of five stars for staffing issues, and one out of five stars for both quality measures and health concerns.
Our Ogle County nursing home neglect attorneys have found numerous filed complaints, opened investigations, health violations and safety concerns involving this facility. Two of these include:
- Failure to Report and Investigate Any Act or Any Reported Act of Abuse, Neglect or Mistreatment of Residents
In a summary statement of deficiencies dated 10/28/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility's failure to "ensure that an allegation of abuse was reported to the Administrator and failed to investigate an allegation of abuse.” The deficient practice by the nursing staff at Generations at Neighbors affected one resident at the facility.
The investigation involved an incident on 10/27/2015 at 10:30 AM when the Licensed Practical Nurse at the facility witnessed at separate times, a resident “being restraint in her wheelchair in the dining room. The restraint involved [the resident] being pushed up to the dining room table’s edge and a staff member sitting directly behind the wheelchair with her feet against the wheelchair wheels to ensure the device was non-movable in any direction.”
The Licensed Practical Nurse witnessed the resident “continually trying to get up out of the wheelchair but was unable to.” The resident repeatedly said, “Let me up, let me up.” The LPN stated that the staff responded, “no we can’t let you up, we don’t want to see you fall.”
The surveyor noted that even though the Licensed Practical Nurse informed their superior, those in charge “did not report any information to anyone.” This was confirmed by the facility Director of Nursing who stated that “they had not been informed of the incident” which is in direct violation of facility policies and state and federal nursing home regulations.
- Failure to Ensure Residents Are Free from Unnecessary Physical Restraints
In a summary statement of deficiencies dated 10/21/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility's failure to "monitor and assess for effectiveness and risks related to use of physical restraints.” The deficient practice by the nursing staff and Administrator at Generations at Neighbors affected two residents at the facility.
The investigation involved a resident with a physician’s order to use a physical restraint “to assist with maintaining proper body alignment due to lower back pain.” An incident 10/20/2015 revealed that a Registered Nurse of the resident “uses a tray to keep him from sliding down in his chair.” The previous Sunday, the resident “was by the nurses’ station [...and] was extremely agitated.” The Registered Nurse said that the resident “slid down under the table tray [… stating] ‘I was so worried that [the resident] would strangle himself with the tray’. [The resident] continued to slide down in his chair beneath the tray table several more times.”
The Registered Nurse was unsure why the table tray was used as a physical restraint and asked several of the nurses on staff without obtaining any answers. When informed, the facility’s Director of Nursing said that the resident’s “restraint should have been evaluated sooner.”
if you or your loved one have suffered injuries, harm or abuse while residing at Generation at Neighbors or any other Illinois nursing home facility, Rosenfeld Injury Lawyers can provide immediate legal remedies. Our team of aggressive Byron elder abuse lawyers can hold those causing harm legally accountable and assist in seeking the financial compensation your loved one deserves.
We urge you to contact our Ogle County nursing home abuse law offices today at (888) 424-5757 to schedule your free, full case review. We accept all personal injury claims, wrongful death lawsuits, and elder abuse cases through contingency fee agreements. This means we are only paid for our legal services after winning your case at trial or negotiating an acceptable out of court financial settlement on your behalf.