By federal and state statute, nursing staff must follow strict guidelines on the use of physical and chemical restraints on residents in nursing homes nationwide. The laws are designed to protect the resident’s freedom of mobility, choice, respect and dignity. Unfortunately, not all facilities train their staff to follow these established procedures and protocols, which is often to the detriment of the resident’s quality of life. Sadly, the Chicago elder abuse attorneys at Rosenfeld Injury Lawyers have represented many residents who were restrained against their will without proper authorization in accordance with the law.Symphony at Morgan Park
Symphony at Morgan Park Is a 294-certified-bed ‘for profit’ Medicare/Medicaid-approved facility providing services to residents of Chicago and Cook County, Illinois. The Center is located at:
10935 South Halsted St.
Chicago, IL 60628
In addition to providing skilled nursing and memory/Alzheimer’s care, the facility also offers physical, occupational and speech therapies, restorative therapy and their Clinical Expertise program providing care for:
- Pulmonary Disease
- Cardiac Disease
- Joint Replacement/Orthopedic Surgeries
- Neurological Disease
- Medically Complex Diseases
- Post-Surgical Wound Care
- Immune Deficiency and Nutrition Issues
The federal government routinely updates their star rating summary system database to reflect the complete history of all safety concerns, health violations, filed complaints and opened investigations on every facility in the United States. The updated information can be found on numerous websites including Medicare.gov.
Currently, Symphony of Morgan Park (Park South) maintains an overall one out of five available star rating. This includes three out of five stars for quality measures, two out of five stars for health inspections and one out of five stars for staffing issues. Our Chicago nursing home neglect attorneys have found numerous complaints, deficiencies, and safety concerns involving this facility that include:
- Failure to Provide Every Resident an Environment Free of Unauthorized Physical Restraints
In a summary statement of deficiencies dated 04/10/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility's failure to "remove a breakaway lap cushion restraint while in the dining room eating and [a failure to] follow the physician evaluation form for [a resident] reviewed for physical restraints.”
An observation was made of the resident at 12:20 PM on 04/07/2015 and the following day at 12:30 PM, 04/08/2015 while the resident “was in the dining room eating lunch.” Upon observation, the resident “was pushed up under the table with a breakaway lap cushion restraint in place eating a cookie.” At that time, the facility’s Unit Manager entered the room and was asked by the investigator “why [the resident] was sitting in a chair under the table with a restraint device attached to the chair.”
The unit manager “asked several staff in the dining room to put [the resident] up to the table without removing the restraint device. No one responded.” The unit manager That “said the resident should be release from the breakaway lap cushion restraint during meal times.”
The Activity Aide providing the resident care moved the resident “from the table, turned [the resident] away from the table and removed the restraint device [...and] to the front of the dining room.” It was noted that all staff members in the dining room “left [the resident] unattended with the device removed in the wheelchair unlocked.” The Unit Manager then “went up to the front of the diner to talk to [the Activity Aide]” leaving the resident without supervision.
The state investigator interviewed the facility’s Director of Nursing on 04/10/2015 who stated “we do not have any behavior monitoring sheets for [the resident and] stated the restraint evaluation should have been done. The last restraint evaluation form was completed in September 2015. The last fall report/documentation for [the resident] was in September 2014” which was six months previous to the observation.
The state investigator noted that the actions of the nursing staff failed to follow the Facility’s Physical Evaluation Form that provides guidance to the staff regarding restraints. The Form reads in part:
“All resident using restraints are re-evaluated quarterly. Behavioral interventions shall be used whenever possible instead of using restraints and documented in the resident’s medical records. All orders that are written for restraint use to be reviewed at least every 90 days or sooner if necessary.”
If your loved one has been subjected to physical or chemical restraints without proper authorization and informed consent while residing at any Illinois nursing facility including Symphony at Morgan Park, Rosenfeld Injury Lawyers can help. Our Chicago elder abuse attorneys can file and settle your case for compensation to ensure your family receives the financial recompense they deserve.
No upfront fees or retainers are required because we accept all wrongful death lawsuits, personal injury cases, and nursing home neglect/abuse claims through contingency fee agreements. This means we are paid for our legal services only after we negotiate an out-of-court settlement on your behalf or win your case in front of a judge and jury.
Contact our Cook County elder abuse law firm today by calling (888) 424-5757 to speak with one of our abuse/neglect attorneys in a no-obligation case evaluation. All information you share with our law offices will remain confidential.