Nursing home regulatory agencies have strict guidelines on the appropriate use of physical restraints in nursing facilities throughout Illinois. The nursing home is required to follow these guidelines, procedures, and protocols to ensure that the rights and dignity of the resident are maintained. Unfortunately, many facilities fail to follow protocols and instead use physical restraints to minimize the need for ongoing supervision often at the expense of the resident’s freedom. Sadly, the Belleville elder abuse attorneys at Rosenfeld Injury Lawyers LLC have handled many cases where the resident’s dignity was stripped by the unauthorized or improper use of physical and chemical restraints.
Midwest Rehabilitation and Respiratory
Midwest Rehabilitation and Respiratory is a 180-certified bed for profit Medicaid/Medicare-participating nursing facility providing services to residents of Belleville and St. Clair County Illinois. The facility is located at:
727 N. 17th St.
Belleville Illinois, 62226
Belleville Nursing Home Resident Safety Concerns
To ensure that the public can locate accurate information on nursing facilities throughout the United States, the federal government and the state of Illinois routinely update their nursing home databases to reflect the entire history of opened investigations, safety concerns, health violations and filed complaints on facilities nationwide. The updated results can be found on numerous sites including Medicare.gov.
Currently, Midwest Rehabilitation and Respiratory maintains an overall one out of five available star rating in the Medicare star rating summary system. This includes four out of five stars for quality measures, three out of five stars for staffing issues and one out of five stars for health inspections. Our Belleville Illinois nursing home neglect attorneys have found numerous filed complaints and safety concerns involving this facility that include:
- Failure to Provide Every Resident an Environment Free of Unnecessary Restraints
In a summary statement of deficiencies dated 05/02/2016, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility's failure to "assess and document the risks versus benefits and medical symptoms justifying the use of restraints.” The deficient practice by the nursing staff at Midwest Rehabilitation and Respiratory affected one resident at the facility “reviewed for restraints.”
As a part of the investigation, the state surveyor reviewed the resident’s April 2016 Physician Order Sheet (POS) documenting that the resident was diagnosed in part with cerebrovascular accident (CVA), hypertension, dementia, osteoporosis, and vertigo.” 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).” In addition, the MDS (Minimum Data Set) further documents “restraints used in chair or Out of Bed, Trunk Restraint, not used. Lynn Restraint, not used. Chair prevents rising, not used.” The resident’s MDS (Minimum Data Set) documents that the resident “is cognitively intact.”
The investigator reviewed the resident’s 04/10/2016 Care Plan that documents the resident “is at risk for falls related to being unaware of safety needs and gait/balance problems [...and] has a history of falls, impulsive and will not ask or wait for staff assistance. History of removing alarm. Interventions: self-releasing seat belt alarm while up in wheelchair” dated 06/26/2015.
As a part of the investigation, it was noted that the resident’s 11/23/2015 and 02/23/2016 Physical Restraint Evaluations fail to “document medical diagnosis or risk versus benefits for the use of a seat belt.” The investigator interviewed the resident at 1:09 PM on 04/25/2016 while the resident “was in her room in the 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.”
A few minutes later, a restorative aide stated that the resident “can’t 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 investigator noted upon the observation that the resident was “sitting in the dining room at 4:00 PM that day and again the following day at 8:30 AM in the dining room “with her seat belt on.”
The state investigator conducted an interview with the facility’s Director of Nursing at 11:55 AM on 04/27/2016 who stated that “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 noted that the deficient practice by the nursing staff failed to follow the facility’s January 2015 policy titled: Physical Restraint Policy that reads in part:
“Policy Specifications: Residents admitted with a physician’s order 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.”
Belleville Illinois Nursing Home Abuse Lawyers
If your loved one has been physically or chemically restrained without authorization while residing at any Illinois nursing facility, including Midwest Rehabilitation and Respiratory, Rosenfeld Injury Lawyers LLC can help. Our St. Clair County elder abuse attorneys can take immediate action to stop the neglect and abuse now.
To ensure your family receives the compensation they deserve, contact our Belleville Illinois nursing home abuse law firm at (888) 424-5757 today to schedule a no-obligation, free consultation. No upfront fees are required.