The use of unnecessary physical restraints or failure to follow established protocols when restraining a resident can dramatically alter the resident’s quality of life. By law and nursing home regulations, nursing facilities must take appropriate measures to minimize the use of physical restraints on every resident unless authorized by a physician followed by routine assessments on its continued use. Unfortunately, the Sandwich elder abuse attorneys at Rosenfeld Injury Lawyers LLC have represented many nursing home residents who have been unnecessarily restrained with physical or chemical means by their caregivers.
In many cases, the nursing staff will use physical restraints as a convenience to minimize the need to monitor and supervise residents throughout the day. To protect the resident, nursing home regulations provide strict guidelines on the appropriate use of approved restraint devices and chemicals. In addition, the nursing facility must perform routine assessments to evaluate if the continuing use of the restraint is necessary. Any failure to follow established procedures and protocols could make the nursing facility and staff member legally liable for stripping away the resident’s rights to freedom.
Sandwich Rehabilitation and Healthcare Center
Sandwich Rehabilitation and Healthcare Center is a 63-certified bed for profit Medicare/Medicaid-approved nursing facility providing services to residents of Sandwich and DeKalb, Kendall, and LaSalle counties. The Petersen Healthcare-affiliated facility is located at:
902 E. Arnold St.
Sandwich, Illinois 60548
The facility provides numerous services including their Pathways Rehabilitation program that encompasses physical, occupational, and speech therapies. Other services include skilled nursing care and Alzheimer’s/memory care.
Sandwich Nursing Home Resident Safety Concerns
To ensure the information on nursing facilities throughout the United States remains current, both the federal government and state of Illinois routinely update their nursing home databases to reflect currently filed complaints, opened investigations, safety concerns, and health violations. The information is then posted on numerous sites including Medicare.gov.
Currently, Sandwich Rehabilitation and Healthcare Center maintains an overall one out of five available star rating compared to all other facilities nationwide as shown in the Medicare star rating summary system. This includes two out of five stars for staffing issues and one out of five stars for quality measures and health inspections. Our Sandwich Illinois nursing home neglect attorneys have found numerous complaints and concerns involving this facility that include:
Failure to Ensure That Residents Remain Free from Unnecessary Restraints
In a summary statement of deficiencies dated 01/22/2016, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility's failure to "remove a laptop cushion.” The state investigator noted upon observation 8:05 AM on 01/20/2016, a resident “was sitting in the dining room in his wheelchair being assisted by [a Certified Nursing Assistant (CNA)] with breakfast. The lap cushion was still in place on [the resident’s] wheelchair and was not removed during the breakfast meal.” Upon further observation on the same day at 5:55 PM, the resident “was sitting at the table in the dining room being assisted with the evening meal by a Certified Nursing Assistant. [The resident’s] lap cushion was still in place.”
The investigator noted that on 01/21/2016 at 5:20 PM and 5:25 PM the nursing staff failed to remove the resident’s lap cushion and again on 01/22/2016 at 8:46 AM and 8:50 AM the resident’s lap cushion was still in place.
The investigator interviewed the Licensed Practical Nurse and Registered Nurse providing care to the resident and both stated that “the cushion does not have to be taken off for meals.” A Certified Nursing Assistant stated at 5:20 PM on the same day that “lap cushions are left on during the meals unless someone is sitting next to the resident with a laptop cushion.”
As a part of the investigation, the state surveyor reviewed the resident’s 10/19/2014 Physical Restraint Care Plan that revealed that the resident “has a restraint type lap cushion in use when up in a wheelchair. The Care Plan shows  release every two hours, at meals when attended, during one-on-one activities and PRN (as needed).” The surveyor noted the actions of the nursing staff at Sandwich Rehabilitation and Healthcare Center failed to follow the facility’s policy titled Fulfilling Responsibility of Restraint Protocols that reads in part:
“The Certified Nursing Assistant is responsible to release the restraint at appropriate times and at least every two hours and change position. The sheet shows the Charge Nurse is responsible for observing each restraint resident throughout the day to ensure proper use and release of restraint.”
Sandwich Illinois Nursing Home Abuse Lawyers
If your loved one has been unnecessarily restrained by chemical or physical means while residing at any nursing home in Illinois, including Sandwich Rehabilitation and Healthcare Center, Rosenfeld Injury Lawyers LLC can act quickly to stop the abuse now. Our LaSalle County elder abuse attorneys can handle every aspect of seeking and obtaining the financial compensation your loved one deserves for the unacceptable abusive behavior.
We encourage you to contact our Sandwich Illinois nursing home abuse law firm at (888) 424-5757 today to discuss the merits of your case in a free, no obligation consultation. We accept all wrongful death lawsuits and nursing home abuse cases through contingency fee agreements. This means we provide immediate legal services that are only paid for after we negotiate an acceptable out the court settlement or win your case at trial.