Some nursing homes allow their staff members to use physical restraints, side rails and other devices to control residents in an effort to minimize monitoring and supervision. However, state and federal nursing home laws require informed consent and authorized use that provide strict protocols and guidelines on how and when restraints can be utilized. Unfortunately, the Ottawa elder abuse attorneys at Rosenfeld Injury Lawyers have handled many cases where residents were restrained against their will and without proper authorization in accordance with the law.
Ottawa Pavilion is a 135-certified-bed ‘for profit’ Medicaid/Medicare-participating facility providing nursing services to residents of Ottawa and LaSalle County, Illinois. The Nursing home is located at:
800 East Center St.
Ottawa, IL 61350
In addition to providing skilled nursing care, Ottawa Pavilion also offers therapy programs to treat individuals with work-related injuries and those suffering from accidents or post-surgery procedures.
Ottawa Nursing Home Resident Safety Concerns
To ensure families are fully informed of the level of care nursing facilities provided their community, the state of Illinois and the federal government routinely update their nursing home database systems. This information reflects the complete history of all health violations, opened investigations, filed complaints and safety concerns about facilities nationwide. The results are typically uploaded to numerous websites including Medicare.gov.
Currently, Ottawa Pavilion maintains an overall four out of five available star rating in the national Medicare comparative analysis star rating summary system. This includes five out of five stars for quality measures and three out of five stars for both staffing issues and health inspections. However, our Ottawa Illinois nursing home neglect attorneys of found numerous safety concerns and deficiencies involving this facility that include:
- Failure to Provide Every Resident an Environment Free of Accident Hazards and Provide Adequate Supervision to Avoid Injury
In a summary statement of deficiencies dated 02/15/2016, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility's failure to "implement a fall intervention to prevent falls and injury.” The deficient practice by the nursing staff at Ottawa Pavilion affected one resident at the facility “reviewed for falls.”
The failure was first noted upon review of the resident’s Incident Report dated at 9:57 PM on 07/16/2015 that revealed that the resident “was observed on the floor in her room. She intended to transfer out of bed and her arm was through the assist rail. She had a small reddened area to her arm. Assist rail screening was updated. Assist rails have been removed from her bed.”
It was further noted that at 10:30 AM on 02/02/2016 and at 1:50 PM on 02/03/2016, and again at 11:30 AM on 02/04/2016, there were two side rails present on [the resident’s] bed” some seven months after a change had been made in the resident’s Plan of Care. The investigator noted that the Resident’s Side Rail Assessments with dates of 07/16/2015, 10/09/2015 and 01/04/2016 document “the resident has been assessed and it is recommended to use: no assist rails.”
The state investigator interviewed the facility’s Assistant Director of Nursing on the morning of 02/15/2016 who stated that the resident’s “side rails were removed on 07/17/2015. I don’t know when they were put back on, but we just removed them (again) a little bit ago. I don’t know why the side rails were put back on. According to my last assessment I did on her on 07/16/2015 she was not supposed to have them.”
The state investigator noted that the deficient practice of the nursing staff failed to follow the facility’s May 2015 policy titled Fall Management that reads in part:
“As a fall occurs, the nurse on duty will initiate a new intervention to prevent further falls. The Plan of Care will be updated at this time. The revisions for the fall Plan of Care will be monitored for effectiveness and adjustments made as needed.”
- Failure to Provide Every Resident an Environment Free of Unauthorized Physical Restraints
In a summary statement of deficiencies dated 04/23/2015, the state investigator noted the facility’s failure “to document a medical symptom for the use of a restraint and [a failure to] follow physician’s orders to release of restraint for [a resident] reviewed for restraint use.”
The investigator reviewed the resident’s 12/10/2015 Care Plan that stated the use of “a lap cushion for positioning. Remove for all meals and repositioning.” An observation was made of the resident in the afternoon of 04/20/2015 who “was seated in a wheelchair in the unit dining room, with a lap cushion buckled to [their] wheelchair, covering [their] lap.”
The state investigator noted the failure of the nursing staff to follow the facility’s March 2011 policy titled Physical Device/Physical Restraint Program that reads in part:
“Physical restraint/physical devices will be used by this facility only when it is determined that they are required to treat a resident’s medical symptoms… as ordered by a physician… Informed consent will authorize the use of a physical restraint/device for a period not to exceed one year.”
Ottawa Illinois Nursing Home Abuse Lawyers
If your loved one has been restrained without authorization while residing in any Illinois nursing facility including Ottawa Pavilion, Rosenfeld Injury Lawyers can provide immediate legal intervention. Our Illinois nursing home abuse attorneys can take appropriate measures to seek the financial compensation your family deserves for your loved one’s harm.
Call our LaSalle County elder abuse law firm today at (888) 424-5757 for a free, no-obligation consultation. No upfront fees are required.