State and federal nursing home regulatory agencies have strict guidelines on the use of physical restraints at Illinois nursing homes. Before any resident can be restrained, the facility must perform an assessment of the risk versus benefits use of the restraint and have an informed consent signed by the resident/resident’s power of attorney and a doctor. Unfortunately, not all facilities follow these protocols and will often use physical restraints without ongoing assessments. The elder abuse attorneys at Rosenfeld Injury Lawyers represent individuals who have been restrained against their will while residing at Illinois nursing facilities like New Athens Home for the Aged.
New Athens Home for the Aged
This Center is a 53-certified-bed Medicaid/Medicare-participating Nursing Home providing nursing services to residents of New Athens and St. Clair County, Illinois. The ‘for profit’ Nursing Center is located at:
203 South Johnson Street
New Athens, IL 62264
The facility provides physical therapy and physical rehabilitation, mobile x-ray services, Passive Range of Motion therapies, activity programs, drug reduction program, quality assurance program, restraint reduction program, hospice care and Resident Council Meetings.
New Athens Nursing Home Resident Safety Concerns
The state of Illinois and the federal government nursing home regulatory agencies regularly update the national nursing facility database system. The Medicare.gov data contains a historical list of safety concerns, filed complaints, opened investigations and health violations of every facility in the United States.
Currently, New Athens Home for the Aged maintains an overall one out of five available star rating in the national Medicare rating summary system. This includes two out of five stars for health inspections and one out of five stars for both staffing concerns and quality measures. The St. Clair County nursing home neglect attorneys at Rosenfeld Injury Lawyers have found numerous health violations, deficiencies, and safety concerns occurring at this nursing home that include:
- Failure to Provide Residents an Environment Free of Unauthorized Physical Restraints
In a summary statement of deficiencies dated 06/17/2016, an Illinois state investigator noted during an annual licensure and certification survey that the facility failed to “assess and document the risk versus benefits for the use of restraints.” This failure involved one resident at the facility whose June 2016 Physician Order Sheet (POS) revealed that the resident was diagnosed with “arthritis, abnormal gait, and degenerative joint disease.”
An observation of the resident was made at 1:30 PM on 06/14/2016 while “on her bed lying on her back with full side rails up with padding.” The resident “also had bolsters on her bed.” At that time, “during passive and active range of motion, [the resident] was able to raise both arms and raised both of her legs.”
The resident’s 11/10/2015 Investigative Report documents in part that the resident “is combative during care, she could have hit her nose on the side rail [...and] was found with a 1.2 by 4.0-centimeter bruise to her nose.”
The investigator interviewed the Assistant Director of Nurses at 1:15 PM on 06/16/2016 who stated that the resident “was in another room on a low air loss mattress. When she was moved to this room without the low air loss mattress, her side rails were not removed, but we will remove them now.”
The actions by the nursing staff and Administrator failed to follow the facility’s policy titled: Restraint Policy/Physical that reads in part:
“The type of restraint in use must be the least restrictive device and be the result of documented alternatives tried prior to application. Documentation must also include the consideration of risks of use versus the benefits of use.”
- Failure to Investigate and Report an Incident or Allegation of Abuse
In a summary statement of deficiencies dated 06/17/2016, the state investigator noted the facility’s failure to “ensure the Administrator is notified immediately of all allegations of abuse and immediately start the initial investigation.”
The deficient practice was first noted in the state investigator’s findings after reviewing a “Report of Alleged Abuse dated 04/30/2016 and a report date of 05/02/2016. The incident was witnessed by a Certified Nursing Assistant (CNA) who saw another CNA walking out of a resident’s room toward another resident’s room and “tossed a pillow at [the resident].”
The witnessing CNA “immediately notified a Licensed Practical Nurse (LPN).” However, the incident “was not reported to the Abuse Coordinator/Administrator until the morning of 05/02/2016 by the Social Services Director who was asked about the incident while working [the previous day].”
New Athens Illinois Nursing Home Abuse Lawyers
If you have your suspicions that your loved one was neglected or abused while residing at New Athens Home for the Aged, call Rosenfeld Injury Lawyers to stop the mistreatment now. Let our experienced New Athens attorneys legally represent you and your family in filing and resolving your claim for compensation against the nursing home, Administrator and staff members who caused your loved one harm.
We encourage you to contact our St. Clair County elder abuse law offices by calling (888) 424-5757 today to schedule your free, comprehensive case evaluation. 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 behalf.