The use of unauthorized physical restraints is prohibited in Illinois nursing facilities and can only be used when authorized by the resident/legal guardian and their physician. Unfortunately, many nursing facilities use physical restraints to minimize the necessity of ongoing supervision or monitoring of the patient, which is often detrimental to the resident’s quality of life. Rosenfeld Injury Lawyers LLC represent abused and injured residents of Illinois nursing facilities like Windsor Estate Nursing and Rehabilitation Center to ensure their rights are protected.
Windsor Estate Nursing and Rehabilitation Center
This Nursing Center is a ‘for profit’ facility providing cares to residents of Tinley Park and Cook County, Illinois. The Medicare/Medicaid-participating 111-certified-bed Nursing Home is located at:
18300 S. Lavergne Ave
Tinley Park, Il 60477
Tinley Park Nursing Home Resident Safety Concerns
Families can download statistics on Medicare.gov to review a historical list of all safety concerns, health violations, filed complaints and opened investigations of every facility nationwide. The data can be used to determine the level of health and hygiene care every community nursing home provides its patients.
Currently, Windsor Estate Nursing and Rehabilitation Center maintains an overall three out of five available star rating in the Medicare star rating comparative analysis system. This includes four out of five stars for staffing issues, three out of five stars for quality measures and two out of five stars for health inspections. The Cook County nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC have evaluated serious deficiencies and safety concerns at this facility that include:
- Failure to Ensure Residents Remain Free from Unauthorized Physical Restraints
In a summary statement of deficiencies dated 01/22/2016, a notation by a state investigator referred to the facility’s failure to “identify and assess full-length bilateral side rails as a restraint for three residents.”
The state investigator observed a resident on the afternoon of 01/21/2016 while lying “in bed on his backside with bilateral full-length side rails up. The bed was 24 inches from the floor and no floor mats were present.” The Certified Nursing Assistant (CNA) providing the resident care “was brought into [the resident’s] room at 1:32 PM and asked why [the resident’s] bed alarm was laying on the mattress and not attached to anything.”
The CNA “showed that the alarm is sensitive and can be pulled easily and stated it is unable to be attached to the bed like other alarms.” The Assistant also stated that the resident “was drowsy sitting in the wheelchair so she laid him down [...and] it is normal for [the resident] to take an afternoon nap [stating that] the side rails are always pulled up and [the resident] does not try to get out of bed.” When asked if everything was the way it should be, the Assistant stated “yes.”
A follow-up observation at 2:20 PM revealed the resident lying “on his right side in the bed with full-length bilateral side rails up and no floor mats present.” It was noted that the resident “was able to reposition himself in the bed.”
The investigator reviewed the resident’s Side Rail Assessments between 02/25/2015 and 10/25/2015 documenting that the resident “wants the side rails up, the physician has ordered the side rails, the side rails are to be up at all times when in bed, the side rails cannot be released by the resident, resident has a history of falls and [the resident] is not alert and oriented times three and has a confusion at times.” The investigator noted that “the assessments do not identify the side rails as restraints.”
The investigator interviewed the Director of Nursing on 01/21/2016 who stated “that the side rails on the bed are enablers for positioning and not assessed as restraints.” The Director also stated “many of the residents and/or family members request the use of side rails [...and] that the beds are old and the side rails cannot be removed because the beds would fall apart.” The Director also stated that “there are 39 residents in the facility who use full-length bilateral side rails. All have been assessed and have the side rails as enablers, not restraints.”
The state investigator noted that the actions of the nursing staff failed to follow the facility’ why Restraint Policy titled: Restraints that reads in part:
“Physical restraints are defined as any manual method or physical or mechanical device, material or equipment attached or adjacent to the resident’s body that he or she cannot easily remove that restricts freedom of movement or normal access to one’s body.”
Tinley Park Illinois Nursing Home Abuse Lawyers
If you and your family have concluded that your loved one was victimized by caregivers, residents or visitors while residing at Windsor Estate Nursing and Rehabilitation Center, contact Rosenfeld Injury Lawyers LLC today. Let our knowledgeable Chicago attorneys file and successfully resolve your mistreatment, neglect or abuse case that occurred in an Illinois nursing home.
We urge you to contact our Cook County elder abuse law office today at (888) 424-5757 to schedule your complimentary, no obligation comprehensive case review. We provide immediate legal representation without any upfront payment or fee. Our legal services are paid only after we have successfully resolved your case in a court of law or through a negotiated out-of-court settlement.