The use of physical restraints in Illinois nursing facilities is heavily regulated by both the government and state regulatory agencies. Unfortunately, not every nursing facility follows appropriate protocols, procedures, and laws. As a result, many patients are restrained against their will, without proper authorization or timely assessments to evaluate the restraints ongoing use. The elder abuse attorneys at Rosenfeld Injury Lawyers LLC provide legal advice, counsel, and representation to individuals who have been restrained against their will and without authorization while residing at Illinois nursing facilities like Midwest Rehabilitation and Respiratory Center.
Midwest Rehabilitation and Respiratory Center
This Center is a ‘for profit’ Medicare/Medicaid-accepted Nursing Facility providing nursing services to residents of Belleville and St. Clair County, Illinois. The 180-certified-bed Home is located at:
727 North 17th Street
Belleville, IL 62226
Belleville Nursing Home Resident Safety Concerns
The state of Illinois and the federal government regularly update their nursing home database system with complete details of all safety concerns, health violations, filed complaints and opened investigations. The search results can be found on numerous sites including Medicare.gov.
Currently, Midwest Rehabilitation and Respiratory Center maintains an overall one out of five available star rating in the national Medicare rating summary system. This includes four out of five stars for quality measures, three out of five stars for staffing concerns and one out of five stars for health inspections. The St. Clair County nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have located various safety concerns and deficiencies at this nursing facility that include:
- Failure to Ensure Residents Remain Free from Unauthorized Physical Restraints
In a summary statement of deficiencies dated 05/02/2016, a notation was made by a state investigator while performing an annual licensure and certification survey involving the nursing home’s failure to “assess and document the risks versus benefits and medical symptoms justifying the use of restraints.” The deficient practice involved a resident diagnosed in part with CVA (cerebrovascular accident, hypertension, dementia, osteoporosis, and vertigo.
Additionally, the resident’s 11/27/2015 and 02/25/2016 MDS (Minimum Data Sets) revealed that the resident “requires the extensive assistance of two staff members for ADL (activities of daily living).” The documentation also revealed that “Restraints used in a chair and out of bed. Trunk Restraint, not used. Limb Restraint, not used. Chair prevents rising, not used.” While the resident’s 08/03/2015 MDS documents the resident as being moderately cognitively impaired, there 02/25/2016 MDS revealed that the resident “is cognitively intact.”
The state investigator noted that the resident’s 11/23/2015 and 02/23/2016 Physical Restraint Evaluation “does not document any medical diagnosis or risks versus benefits for the use of a seat belt.”
An observation was made of the resident on the early afternoon of 04/25/2016 when the resident “was in her room in her wheelchair with a seat belt across her waist. At that time, when asked if she could remove it, [the resident] just looked up with no verbal or physical response.” The Restorative Aide stated a few minutes later that the resident “can remove her seat belt.” When the restorative aide asked the resident “to remove the seat belt, [the resident] was able to remove it causing the alarm to sound.”
The resident was observed at 4:00 PM on 04/25/2016 and again at 8:30 AM on 04/26/2016 seated in the dining room “with her seat belt on.” The investigator interviewed the facility’s Director of Nursing in the late morning of 04/27/2016 who stated “I do not consider [the resident’s] seat belt to be a restraint. The belt is there for safety awareness and was put into place as a reminder to ask for assistance.”
The investigator also noted that the resident’s Physical Restraint Evaluations from 11/23/2015 and 02/23/2016 “do not address the risks versus benefits for [the resident’s] seat help.” The investigator noted that the actions by the nursing staff failed to follow the facility’s January 2015 Physical Restraint Policy that reads in part:
“Policy Specifications: Residents admitted with a physician’s orders for restraint use shall have a Restraint Observation performed. A physician order will be obtained for the release of the restraint with supervision during the assessment process, as appropriate, or in order to discontinue use.”
“The use of restraints will be reviewed by the interdisciplinary team (IDT) every six months/significant change/admission/readmission. Restraint use data will be provided to the physician for review and prior to ordering/re-ordering restraint use.”
Belleville Illinois Nursing Home Abuse Lawyers
If you believe your loved one is suffering from abuse, neglect or mistreatment while residing as a patient at Midwest Rehabilitation and Respiratory Center, contact Rosenfeld Injury Lawyers LLC today. Our skilled Belleville attorneys have many years of experience in representing victims of mistreatment, neglect, and abuse and can handle every aspect of your claim for financial compensation against all those who caused your loved one harm.
We urge you to contact our St. Clair County elder abuse law office at (888) 424-5757. Schedule your appointment today to speak with one of our experienced lawyers for your free comprehensive case consultation. Make no payment upfront for our legal fees which are paid only after we have successfully resolved your case by winning at trial or negotiating an acceptable out of court settlement on your family’s behalf.