Illinois nursing homes must ensure the safety of every resident and make it a high priority to guarantee their health and well-being. Unfortunately, many facilities failed to follow accepted standards of safety devices including physical restraints by using the devices temporarily between assessments. Other times, the nursing staff will use unauthorized restraints as a way to minimize the need to constantly monitor residents who require a higher level of supervision. Sadly, the St. Louis elder abuse attorneys at Rosenfeld Injury Lawyers LLC have represented many residents who have been restrained without proper authorization in accordance with nursing home regulations.
The Centers for Medicare and Medicaid Services (CMS) has taken a determined stance against the past practices of using physical and chemical restraints in nursing facilities. Medicare requires the nursing staff and doctors to seek various alternatives from restraints that can also ensure the safety of the resident.
Nathan Health Care Center
Nathan Health Care Center is a 146-certified bed Medicare/Medicaid-participating for profit center providing nursing services to the residents of East St. Louis and St. Clair County. The facility is located at:
5050 Summit Avenue
East St. Louis, Illinois 62205
East St. Louis Nursing Home Resident Safety Concerns
To ensure that families remain fully aware of the quality of care provided in nursing facilities across the United States, both the state of Illinois and the federal government routinely update the nursing home databases to reflect currently opened investigations, filed complaints, health violations and safety concerns. The updated information can be found on numerous sites including Medicare.gov.
Currently, Nathan Health Care Center maintains an overall one out of five available star rating compared to all other facilities in the national star rating summary system. This includes two out of five stars for health concerns and one out of five stars for quality measure. Our East St. Louis nursing home neglect attorneys have found numerous complaints and safety concerns involving this facility that include:
- Failure to Ensure Residents Remain Free from Unnecessary and Unauthorized Physical Restraints
In a summary statement of deficiencies dated 07/01/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility's failure to "assess and document the risk versus benefits” of using physical restraints on the resident. The investigation involved a review of a resident’s Physician Order Sheet (POS) and 06/20/2015 Care Plan that documents the resident “is a risk for injury, and requires a lap belt restraint for safety.”
The investigator noted that the Care Plan provides guidance to the nursing staff indicating that “the restraint is to be removed at bedtime, and at least every two hours. [The resident’s] Care Plan also documents [that the resident] had falls on 01/26/2015 and 02/03/2015” or more than four months previous to the review of the existing Care Plan. In addition, the 02/20/2015 Side Rail Assessment performed on the resident documents that “under additional considerations [the resident] has a waist restraint.” However, the investigator notes that “the assessment does not document risk versus benefits” of using a restraint.
It was also noted that “there was no assessment for the use of a self-releasing seat belt for [the resident] in the clinical record except for a Restraint Illumination Assessment, dated 04/25/2015 the documents [that the resident] is a poor candidate for the elimination of restraints. The Assessment fails to include risks versus the benefits for the use of the safety device.”
As a result, the state investigator conducted an interview with the facility’s Director of Nursing at 10:30 AM on 06/25/2015 who “was asked if the facility had any assessments to include the risk versus the benefits for the use of any safety device.” The Director of Nursing “reported their assessments failed to address this issue.”
The investigator also noted that the actions of the nursing staff at Nathan Health Care Center failed to follow the facility’s policies and procedures titled: Restraints – Physical policy that reads in part:
“Practices that are not permitted include: Placing a resident in a chair that prevents the resident from rising. There (restraint) use is temporary, and the resident will not be restrained for an indefinite amount of time. A resident placed in a restraint will be observed at least every 30 minutes by nursing personnel and an account of the resident’s condition shall be recorded in the resident’s medical record.… The resident’s Care Plan must indicate that the continued use of a restraint has been reevaluated and that a reorder from the physician is noted.
At the conclusion of the investigation, it was determined that “the policy and procedure failed to address the use of a tight soft restraint for a self-releasing safety belt.
East St. Louis Illinois Nursing Home Abuse Lawyers
If your loved one was subjected to the unauthorized use of physical restraints while residing in any Illinois nursing facility, including Nathan Health Care Ctr., Rosenfeld Injury Lawyers LLC can take immediate legal action to hold those responsible financially accountable. Our St. Clair County elder abuse attorneys can begin the process of building a case, gathering evidence and investigating your claim to ensure your family receives the compensation they deserve.
To ensure that your case is successfully resolved, we urge you to contact our East St. Louis Illinois nursing home abuse law firm today at (888) 424-5757 to make an appointment for a free, no-obligation case evaluation. No upfront fees are required because we accept all nursing home abuse claims for compensation through contingency fee agreements.