Even though many nursing homes use physical restraints to ensure that residents are not injured from falls, the facilities are required to follow established procedures and protocols as required by law. While most homes perform the necessary assessments to establish a need to use the restraint, many facilities fail to perform follow-up assessments in a timely manner or develop interventions or other alternatives to using lap belts and other restraint devices. Unfortunately, the Hillside elder abuse attorneys at Rosenfeld Injury Lawyers have handled many cases where residents were restrained without proper authorization or through an informed consent.Symphony at Aria
Symphony at Aria is a 198-certified bed Medicaid/Medicare-participating for-profit facility providing nursing services to residents of Hillside and Cook County, Illinois. The Center is located at:
4600 North Frontage Rd.
Hillside, IL 60162
In addition to providing skilled nursing care, the facility also offers post-acute care along with:
- Cardiac care,
- Pulmonary care
- Orthopedic care for joint replacements and surgery
- Stroke rehabilitation
- Complex wound care
- Neurological care
- Nutrition problems
To ensure families are fully informed of the level of nursing and hygiene care nursing homes provide residents, the federal government and the state of Illinois routinely update their nursing home database systems. The information reflects the full history of all health violations, opened investigations, filed complaints and safety concerns on nursing homes nationwide. The results are uploaded on numerous sites including Medicare.gov.
Currently, Symphony at Aria maintains an overall two out of five available star rating in the national comparative analysis Medicare star rating summary system. This includes five out of five stars for quality measures, four out of five stars for staffing issues and one out of five stars for health inspections. Our Hillside nursing home neglect attorneys have found numerous safety concerns and deficiencies involving this facility that include:
- Failure to Provide Every Resident an Environment Free of Unauthorized Physical Restraint
In a summary statement of deficiencies dated 02/18/2016, a state surveyor made a notation during an annual licensure and certification survey concerning the facility's failure to "obtain medical justification for the continued use of trunk restraints (self-releasing lap belt) and to implement the Plan of Care to release the restraint every two hours, during meals and activities.” The deficient practice by the nursing staff at Symphony at Aria affected three residents “reviewed for the use of restraints.”
One failure was noted on the morning of 02/08/2016 when numerous residents were “in the dining room noted to have trunk restraints (lap belts). At 8:30 AM, during breakfast, [the trunk restraints on five residents “were not released.” Again on the following morning of 02/09/2016, “the breakfast trays for [five residents] were served and during lunch at 12:30 PM, these restraints were not released.”
The state investigator noted that at 11:48 AM on 02/09/2016, the Restraint Coordinator “explained that the facility has four role belt/soft self-release belts [on four residents] and they are implemented because they were identified as high risk for falls.” The coordinator also stated that “these residents were unable to release the restraints [which was] observed on 02/09/2016 at 1:00 PM.”
The Restraint Coordinator presented the restraint assessments for three residents. In one incident “the initial restraint assessment showed that the decision to restrain [a resident] was on 12/26/2015 for safety and due to resident’s behavior of continuous attempts to stand and ambulate.” However, the investigator noted that “this assessment showed there were no alternatives attempted prior to the implementation of [the resident’s] trunk restraint.”
Another resident’s “initial screen for the use of physical restraint form was dated 05/20/2015 [...and] showed an order for a roll belt for safety and prevention of fall; release every two hours to check skin and circulation, during activities and meals.” However, the investigator noted that the resident’s “Restraint Care Plan showed an intervention to provide a restraint free time, which was not observed during activities on 02/08/2015 and 02/09/2015.”
- Failure to Provide Care to Avoid the Development of a Pressure Sore or Allow an Existing Pressure Sore to Heal
In a summary statement of deficiencies dated 02/02/2016, the state investigator noted the facility’s failure “to follow their policy and apply moisture barrier cream as preventative interventions for pressure ulcer development.” This deficient practice affected two residents at the facility “reviewed for pressure ulcers.”
One failure was noted during an observation on the morning of 01/27/2016 when two Nurse’s Aides “performed incontinence care on [a resident with an “incontinent brief saturated with strong smelling urine, the liner of the brief was disintegrating and falling apart, the dressing to [the resident’s] sacral pressure ulcer was saturated with urine, and the pad underneath [the resident] was wet and marked with a yellow ring.” The state investigator noted that neither of the Nurses’ Aides “applied moisture barrier cream to [the resident].”
If your loved one has been restrained against their will without authorization while residing in any Illinois nursing facility, including Symphony at Aria, Rosenfeld Injury Lawyers can help. Our Hillside nursing home abuse attorneys can ensure your loved one’s rights are protected and assist in obtaining the financial compensation you deserve.
To schedule a free, no-obligation case consultation, contact our Cook County elder abuse law firm today at (888) 424-5757 today. No upfront fees are required.