Illinois Nursing Home Abuse Blog

Another study has come out which has found that nursing home neglect is more frequently found at the largest for-profit nursing home chains than at all other locations. Ask any Chicago nursing home lawyer and they would likely not be at all surprised by the findings. The same goes for blog readers, as we have repeatedly published stories discussing the higher rates of abuse and neglect that pervade some of the largest chains (and for-profit facilities in general). We know that Illinois nursing home neglect can occur anywhere. However, for local families in the process of figuring out the actual best place for their loved one to live, it is very helpful to keep up-to-date with general quality of care indicators like those found in this study.

The research was conducted by the University of California-San Francisco School of Nursing, and it set out to examine basic differences between for-profit and non-profit or government- run facilities. We have previously touched on this report in an earlier blog post. The study examined various quality of care measures at ten of the nation’s largest nursing home chains. What they found, unsurprisingly, that these chains measured quite poorly on wide range of factors. Some of the findings include.

1) For-profit homes had lower staffing hours for registered nurses than public facilities. These staffing levels are one of the most important indicators when it comes to the level of care that is provided to residents. At the end of the day, nursing home neglect results when staff members fail to act as they should. The chance of that occurring is greatly enhanced when there are simply not enough bodies to do all of the work necessary. If families pay attention to nothing else, staffing ratios are vital statistics to gauging overall care at a home.

2) Medicare deficiency rates were 36% higher in private homes than public facilities. Medicare and Medicaid deficiency standards are another good benchmark of overall home quality. Also important is information about whether or not a home has improved from year to year, which indicates whether it is taking steps to actually fix the problems that have been identified.

3) Some for-profit facilities showed deterioration in care quality after they were purchased by larger private equity companies. This should be alarming for those who are at-homes where takeover is possible. Care may be sufficient at one point but then get worse over the years.

4) Bedsore rates were higher at for-profit homes, in large part due to the lower nursing staff levels. One of the main reasons that bedsores develop is because residents with mobility problems are properly repositioned. This repositioning frequently comes down to having enough caregivers around to help in the process each and every day.

All local families should continue to take this information into account when evaluating the best living space for a loved one. The process is never easy, and there is usually no sure-fire way to be guaranteed that neglect and abuse will not occur. But clear trends do exist and prior preparation goes a long way to making the best choice for your family member.

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Medline Plus News reported late last week on new concerns being raised about the effects of antipsychotic and antidepressant drug use in nursing homes. Of course, any experienced Chicago nursing home neglect lawyer is well versed in the issues about this medication use in long-term care facilities—it has been a concern for quite some time. New information continues to pour in, however, that reveals even more problems than previously thought are associated with the increased use of these drugs in homes.

This latest report found that resident fall risks are increased when they take antidepressants known as selective serotonin reuptake inhibitors (SSRIs). The researchers which reached this conclusion examined prescription medicine data and falls in about 250 different residents with dementia. The residents were tracked for a two year period. During that time about 683 total falls were experienced, with 61.5% of residents experiencing at least one fall and many residents facing several falls. The overall average represents nearly three falls per resident in the study. Those numbers on their own are not all that encouraging.

Our nursing home neglect lawyers were not surprised to learn that about a third of those falls actually led to injury or death. These accidents are one of the biggest risks faced by vulnerable seniors in these facilities. The most common injuries including hip fractures, other fractures, sprains, swelling, open wounds, and bruises.

In total, the risk of having an injury-causing fall was three times more likely if the resident was taking an SSRI. The 300% risk increase was found in both men and woman and for those residents of different ages. What this means is that it is highly likely that the risk was actually factored into the effects of the drug itself and not some confounding factors.

Our Illinois nursing home neglect attorneys know that this latest information about fall risks joins already known problems with antipsychotic and antidepressant drug use in homes. Off-label use of these drugs is high, placing residents at risk of often unacceptable levels of complications. There is even a “black box” warning on most antipsychotic medications which reveal that use by dementia residents comes with an increased risk of death. Obviously that is a risk that cannot be accepted. In addition, these drugs are often nothing more than “chemical straightjackets” which make residents easier to control but actually hurt their quality of life. It is difficult for these seniors to be fully engaged in the world around them and take advantages of all of the activities that they used to enjoy if they are constantly fogged over by the effects of these drugs.

Overall, all community members have more reason than ever to keep a close eye on the medications that their loved one is taking in these facilities. Of course there are many drugs that are actually important to keeping a resident healthy. But that does not mean that all prescriptions are useful and necessary to maximize a resident’s quality of life. Over-prescription of residents remains one of the most common, yet hidden, forms of Illinois nursing home neglect. We must do everything we can to stamp it out.

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The Centers for Medicare and Medicaid Services play a crucial role in regulating the quality of care at most state and local nursing homes. Nursing home care is quite expensive. For that reason, most seniors and their families do not have the financial resources to pay for the care out of their own pocket. As a result, many families rely on Medicaid and Medicare services for help. The program is genuinely a lifesaver for those who count on it.

CMS therefore provides much of the payments that nursing homes receive for their work. This power of the purse, our Chicago nursing home lawyers understand, means that they maintain a particularly influential source of power when it comes to demanding fair treatment of senior residents. CMS can demand that certain actions be met or else the involved nursing home not be able to participate in the CMS programs. Loosing CMS patients is a death knell for most facilities, so they are strongly pressed to abide by their requirements.

Just this week, for instance, CMS issues a “Survey and Certification” memorandum designed to prevent one form of dangerous nursing home neglect that has led to horrific harm to some residents. The new guidelines reemphasize the need for long-term caregivers to monitor residents at all times. Of particular concern was the monitoring of smoking areas for residents. Of course, caregivers were always required to provide appropriate observation anyway. However, the memo acts as a reiteration of these rules in light of a recent tragedy involving a fatal accident caused by unsupervised smoking.

According to the memo, the tragedy which sparked the release involved a resident who was smoking outside of the facility. The resident did not have permission to be outside of the facility, and she had no supervision at the time. She was in a wheelchair and was not wearing a smoking apron. To make matters worse her wheelchair was blocking the only fire extinguisher in the vicinity. Unfortunately, the resident accidentally ignited her clothing. By the time staff members became aware of the incident and tried to help her, it was too late. The woman ultimately died as a result of the incident.

The CMS memo responding to the event explained that “nursing homes with residents who smoke [must] take reasonable precautions to ensure the safety of residents to the maximum extent possible.” As the string of errors in this case demonstrates, even seemingly simple missteps can cost a vulnerable resident their life. When it comes to smoking residents, facilities must conduct an assessment of each resident’s abilities to determine whether or not supervision (or other safety precautions) are required. The assessment should likely take into account a resident’s mental capacity, judgment, mobility, dexterity, and similar factors.

Our Illinois nursing home neglect attorneys know the risks of nursing home smoking very well. For example, we once settled a case for $1.5 million on behalf of a family whose loved one died at an area home because of just this sort of nursing home neglect. The resident—who was mentally impaired—was not properly supervised while smoking a cigarette. An accident occurred which led the man to suffer severe burns before passing away. These tragedies can and must be prevented at all times.

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A story this weekend from Channel 6 News Lawrence shared the tragic story of a family that is claiming their loved one was sexually assaulted at a nursing home. Any Chicago nursing home neglect lawyer can tell you that while sexual assaults are not the most common form of abuse at these facilities, they do occur far more frequently than many community members would expect. Of course, sexual assault in any form is repulsive, but there remains something particularly insidious about caregivers taking advantage of the vulnerabilities who depend on them.

In this latest case, a nursing home abuse attorney for the involved family explained that the family was filing a nursing home abuse lawsuit following an assault on their 87-year old mother. The assault allegedly happened in later October a year and a half ago. The elderly woman was assaulted by a nursing home aide, and according to documents filed by the family in the suit, there were some administrators at the facility who apparently tried to cover up the assault from the woman’s family, medical professionals, and law enforcement officers. If true, those are incredibly serious and disturbing charges.

The suit claims that a few days after the assault the woman was taken to the hospital. Once there hospital officials trained in detecting signs of abuse and molestation examined the woman. They found a series of lacerations and abrasions which led them to believe without question that the woman was the victim of a sexual assault perpetrated by one at the facility—a most egregious example of nursing home abuse. What makes it particularly troubling is that the alleged perpetrator has still not faced any punishment. The nursing home, for its part, has denied all allegations and claims that it will fight them in court.

Hopefully more evidence will be uncovered which sheds light on exactly what happened in this case. It seems pretty definitive if medical care providers at the hospital were able to identify abuse based on their analysis of the victim. However, as so frequently happens in these cases, the involved nursing home is not willing to accept any sort of responsibility for the misconduct. It is yet another testament to the need for the civil justice system to provide an avenue for victims and their families to demand accountability.

This case also highlights the fact that much abuse and neglect actually gets swept under the rug and is never uncovered by friends and family. Had this woman not be analyzed by medical professionals, it is likely that the facility would never have come forward and explained the abuse. Therefore, the family would likely never have found out about the situation and no accountability would be had.

Unfortunately, while state and federal regulators play an important role in ensuring these facilities abide by proper care standards, there are never enough resources put into regulation to provide anywhere the oversight necessary. At the end of the day demanding proper care comes down to the diligent eyes of loved. We urge all family members to do their part and ensure that proper caregiving standards are met.

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Late last week the Belleville News Democrat published a story explaining how a local family had taken steps to contact legal professionals to learn more about their options following the tragic death of their father at a Belleville nursing home. The Illinois nursing home abuse lawyer reiterated that the family is not yet ready to file a nursing home lawsuit. Instead, as is common in these cases, the family simply wants to know more about what happened to their father and better understand whether it should have been prevented.

A common misconception in these situations is that a family should only visit with an elder neglect lawyer when they know exactly what happened and simply want a legal professional to file the right paperwork. Of course, families rarely know exactly what happened after a loved one passes away at a long-term care facility. Instead, they usually have many more questions than answers. Visiting with a legal professional in the area is therefore a first step in getting basic questions answered and having an advocate on your side to pressure the facility into being open and honest. Whether or not a lawsuit is filed depends on information that is uncovered after investigation and analysis, not necessarily as soon as a family decides to visit with a legal professional to learn more. In other words, families should never avoid talking with a lawyer simply because they don’t know how they want to proceed. Instead, talking with an attorney in this area is best done when one is still unsure and simply wanting to learn more about the options in front of them.

For example, in this case, the daughters are hoping to figure out exactly how their 77-year old father died from hypothermia after wandering out of the local rehabilitation and respiratory care center. Their father was suffering from dementia and heart disease. Last week the man walked out of the facility—no doubt confused about where he was headed. It wasn’t until several days later that his body was found in a ravine about a block from the home. He had died from hypothermia due to exposure to the elements. Now the family wants to know how this was allowed to happen.

As the Illinois nursing home abuse lawyer for the family explained, “A long-term resident who suffers from dementia and other life-threatening conditions should not be able to walk out the door to the nursing home unnoticed and unsupervised.”

So far the facility has not explained to the daughters how their father was able to walk out of the front door of the facility without being stopped. The early investigation has revealed that the man had actually tried to walk out of the facility in the past, but was stopped. That would seemingly suggest that the facility should have been on notice that the man was a wandering risk which needed to be guarded against for this own safety. The facility involved, when under different ownership, had previously been listed as one of the worst in the state when it came to federal citations.

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Yesterday we discussed the effect of the “Graying of America”—the aging of the nation’s population as the Baby Boomer generation begins to retire. Of course one of the obvious effects of this is that many more seniors will require day-to-day living assistance. Our Chicago nursing home abuse attorneys are concerned that there is currently a lack of quality caregiving options for this group. The coming pressures may make elder neglect and abuse a more common occurrence. This cannot be tolerated.

An article late this week in KFOX News made the same point, noting a perfect storm for abuse may be brewing with the financial pressures facing so many community members on top of the demographic pressures adding more seniors to the pool of those needing aid. The story noted that not only is there a steadily growing number of seniors, but those seniors are also living longer thanks to important improvements in medicine. All of these factors combine to create a truly volatile situation, which, if not closely monitored, may very well result in a rash of elder abuse.

Unfortunately, we may already have reached the point where elder mistreatment is growing. Our nursing home abuse lawyers know that it is important to reiterate that abuse of this community comes in many forms—it means much more than being physically harmed by another. For example, perhaps the most common form of mistreatment is basic medical neglect. Obviously receiving proper medication, responses to health concerns, and basic aid to help with ailments is a basic component of proper elder caregiving. Many caregivers already fall short of that mark.

The story explains that money is usually at the root of the problem. At the nursing home, many facilities are working to increase profits as much as possible. As a result, they often cut staff levels to the point where it is impossible for caregivers to properly attend to the needs of all those who rely on them. The money problem can also affect those who are not in a long-term care facility. Most seniors survive on fixed incomes—some as low as $700 a month. This presents real problems for those who are in need of oftentimes expensive medical help or medication. For many seniors with an inability to pay, this means that caregivers might simply refuse to provide them with the medication or medical aid that they need.

Beyond medical neglect, other elderly community members face mental, sexual, emotional, and financial mistreatment. It might be hard for those not familiar with these circumstances to understand the extreme power that certain caregivers have over many seniors. One local sheriff familiar with the problems of elder abuse in his community shared what he has observed. For example he explained, “The family members and the caretakers or even friends will scream at the client, using terms such as, ‘I won’t let you see your grandkids. I’ll get you back. When I was younger you mistreated me, now I’m going to mistreat you.’”

No senior should ever have to live their golden years in these conditions. We urge all local advocates to keep a close eye out for any signs of this mistreatment in their neck of the woods.

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Illinois elder neglect and abuse have been public issues for decades. However, the concerns about the prevalence of mistreatment of the elderly may actually be growing, mostly for demographic reasons. Last year marked the first one where the oldest “Baby Boomers” (the generational spike in childbirths after World War II) began to retire. For the next two decades we will see a steady wave of retirees and, eventually, massive increases in the need for long-term care. This trend is often referred to as the “graying” of the American public.

Each Chicago nursing home neglect lawyer at our firm appreciates that we need to consider and plan for the effect of this demographics shift now. Otherwise we risk sliding into an untenable situation that will no doubt be rife with increased instances of elder abuse and neglect. As a CNN story this week explained, the aging of our community means that increased attention needs to be placed on caregivers—both the good and the bad. Caregivers take many shapes and sizes. Often they are close family members of the senior who either move their relatives in with them or visit the senior’s home on a steady basis. In other cases they might be at-home care workers who travel to ensure that the individual is taken care of and allowed to remain as independent as possible. Still other caregivers are employed by nursing homes and other long-term care facilities for seniors who have particular vulnerabilities and close observation.

While our Illinois nursing home abuse lawyers spend most of our time discussing the “bad apples” of the group and the tragic stories of mistreatment, this should not be taken as a sign that we fail to recognize the amazing work done by so many elder caregivers in so many different situations. For example, the CNN story explained how one woman decided to take her father out of a nursing home several years ago and now provides the care he needs at her own home—while still holding down a full-time job. Her father has suffered a serious of health set-backs, having experienced three strokes, a diabetes diagnosis, renal disease, and kidney failure. Of course, with all of these ailments he requires an extensive list of daily medications and dialysis three times a week.

Many adult children are in similar situations. Many more will be there in the years ahead as the U.S. Department of Health and Human Services (DHHS) suggests that the number of Americans in retirement will double by 2030. Many of these individuals will eventually need caregivers. It remains unclear if there will be enough support for those caregivers to avoid chronic cases of maltreatment. A newly released study DHHS suggests that we may be very ill prepared. Not only did the DHHS study find elder care options were lacking, but those who were already providing care were found to face much higher levels of stress than other community members. Those caregivers are of poorer health and are more likely to engage in unhealthy behavior to relieve the stress. More than half of caregivers admitted feeling overwhelmed by their task.

It is important for caregivers to themselves remember that they cannot help others unless they first are healthy themselves. As one expert noted, “It’s easy to neglect yourself when you try to be all things to everyone else, but something has to give and it catches up with you.”

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Headlines were made this weekend when a judge handed down an eye-popping $200 million verdict in a nursing home abuse case. The verdict broke many records both in the nursing home neglect lawsuit context and among personal injury cases generally. However, as with most massive awards like this, there is much more to the story than meets the eye. It is unclear if the victim’s family will receive any money, and the case is far from settled.

According to Tampa Bay News Online, the lawsuit was first brought on behalf of a 92-year old woman who died at a nursing home because of the negligence of staff members at the facility. In 2004 the elderly woman was suffering from dementia and was confined to a wheelchair. One afternoon her body was found crumpled at the bottom of a stairwell in the nursing home. She had fallen down an entire story in the building while strapped to her wheelchair. It was later learned that the door leading to the stairwell was suppose to be locked at all times. However, aides at the facility testified that the door was sometimes unlocked (and the warning alarm disabled) so that employees of the facility could use it to smoke inside the building.

This sort of negligence is something with which our Chicago nursing home neglect lawyers are quite familiar. Over the years we have represented many nursing home residents who suffered ghastly falls as a result of a facility failing to ensure that their surroundings were safe. It is not surprising that in this case the facility in question apparently had a long track record of safety citations for deficiencies. Former employees admitted that the home was chronically understaffed. Time and again the very same homes are found to be the site of multiple instances of neglect.

Following the tragedy the victim’s family rightly filed a nursing home neglect lawsuit to demand accountability. However, as sometimes happens in these situations, the various companies which had ownership roles in the home desperately tried to shield themselves from paying for the consequences of the misconduct. The main defendant in the case was a management company that had the sole authority to operate the facility. Before the case went to trial that company went defunct. The parent company is now in receivership (meaning that they control the company after it experienced financial problems).

The nursing home neglect attorneys for the family also argued that the true owners of the facility were private equity investors. It was argued that they shuffled the assets of the management company around to avoid liability. Because of the disagreement about ownership the defendants ultimately did not even try to mount a defense. When a trial is held without a defense, expectedly, the claims made by a plaintiff are taken as true. Considering there was clear evidence of negligence and severe loss, it is not surprising that the verdict was substantial. It is unclear if the verdict will affect the receivership down the road. It is also unclear how the case will progress and whether or not the involved family will actually see and redress for their loved one suffering.

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Much ado has been made about “vulture capitalism” and the attacks made in the GOP Presidential nomination campaign against Mitt Romney. In a former life, the Massachusetts Governor made literally hundreds of millions of dollars creating and running a private equity firm. There has always been much disagreement about the merits of private equity work, which seeks to increase the value of businesses that are taken over—often with layoffs and similar unsavory budget cuts. However, many argue that such work is at the center of capitalism, where streamlining services and maximizing efficiency are paramount.

However, one need not get into complex financial debates about capitalism in order to see that there are some areas where it clearly is not a good thing to prioritize profits over services. Elder care is a prime example. Our Chicago nursing home neglect lawyers have often railed against the dangers posed by for-profit nursing homes. These facilities are consistently shown to harbor more nursing home abuse and neglect than their non-profit counterparts. Unfortunately, the trend toward privatization of elder care is part of the private equity movement, and it something of which that those on all sides of the aisle should rightly take note. Treating nursing homes and elder as simply an investment opportunity or a potential profit center is a dangerous trend to go down. But it is one increasingly found attractive by those who specialize in so-called “vulture capitalism.”

Recently Wall Street financiers have begun entering the nursing home sector, as the aging of the American population suggests that the market is a good one to get into now, because long-term demand will be high. For many involved, running nursing homes is just a business, but many others remain concerned about how this attitude affect the actual care provided to residents and the prevalence of elder abuse at these facilities.

A new article published by the Center for a Just Society suggests this trend toward viewing nursing home ownership as essentially a real estate business has proven incredibly damaging to nursing home residents. It is suggested that poorer quality nursing home care, more nursing home abuse, and increased violations of health and safety regulations are said to result from this shift.

The main concern of each Chicago nursing home attorney at our firm (and shared by most elder care advocates) is the worry these institutions seek to improve profitability by cutting costs—often essential costs. Labor is usually one of the first budget items to get the ax, after all nursing costs always represent the largest discretionary portion of most facility budgets. Inadequate staffing levels perhaps the single biggest reason why residents are neglected, often suffering life-ending injuries in the process. Quite simply, providing proper care necessitates time and manpower. Residents need to be repositioned properly and consistently, certain residents need close careful assistance anytime that they leave a bed, others need to consistently be provided proper fluids to avoid dehydration and malnourishment. There are no shortcuts to these tasks. They must be provided by real people who spend quality time on each tasks. Understaffed facilities cannot do this job properly. The influx of private equity capital in this industry has unfortunate been shown to lead to deadly cuts to nursing home staff levels.

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Our Chicago nursing home neglect lawyers have seen many cases of absolutely heart wrenching abuse and neglect of the elderly. We have seen this mistreatment occur in a wide range of locations, at private nursing homes, non-profit homes, halfway houses, and the senior’s own home. While some locations are more prone to mistreatment, the risk of facing extreme elder neglect exists virtually everywhere. In general, one would expect that the risk would be lowest when an elderly community member is cared for by their own relatives. However, as a horrific case discussed in the Las Cruces Sun News this week reveals, even relatives are capable of neglect. Considering that a large percentage of seniors are cared for by their relatives, there is actually much more elder abuse at the hands of supposed loved ones than most might expect.

According to the story, a daughter-in-law and a granddaughter have been charged with criminal neglect of an 86-year old woman who died of pneumonia last December. According to documents filed with the court, it seems that the senior was essentially left to rot while her step-daughter and granddaughter used money that was supposed to be spent on her care. The senior neglect was brought to the attention of authorities more than a week before the woman’s death. Law enforcement officers went to check on the woman and were amazed and horrified by what they found. The senior was bound into a medical bed that was placed in a living room trailer. The condition of the trailer was apparently filthy with urine and garbage throughout the area.

The senior, who was unable to move, was stuck in the bed in a diaper. There were holes in the trailer, which meant that animals were able to enter and leave the home at will. The family lived near a chicken farm and so rats and stray cats were often found in the location. When authorities investigated the neglect complaint they found that the senior’s toes had been eaten off entirely by those stray animals. By the time authorities got there, all of the victim’s blood had already left her lower extremities. All of this occurred while she was still alive and stuck in the trailer.

Our Chicago elder abuse attorneys remain disgusted that this sort of care can be provided by relatives. When interviewed about the situation afterwards the victim’s daughter-in-law explained that her mother-in-law did not have much feeling in her lower extremities and so she wasn’t sure if she felt the bites. Officials are not so sure and they admit that it is unclear exactly what the woman went through as she was attacked by animals without anyone there to help her.

The two women have been charged with criminal neglect, and they are set to enter a plea on those charges next week. In addition, the woman may face federal fraud charges. The caregivers were supposed to use the victim’s Medicare and Social Security payments for the woman’s care. However, in the three months that the victims lived with them it seems that the two actually used the money to pay for their own bills.

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Most Illinois nursing home neglect lawsuits ultimately end with a settlement being reached between our clients and all parties involved in the suit. Each Illinois nursing home neglect lawyer at our firm is always, ready, willing, and fully capable of going all the way to trial and presenting a case to a jury. However, like in many other contexts, the judicial process leading up to a trial is a good way for both sides to get a very clear idea of the available evidence proving what happened. Once a defense team becomes aware of the evidence against them—usually in the form of nursing home reports, depositions, medical records, and similar items—they come to a realization that neglect likely occurred and can be proven. They then begin to reach out to those of us representing the victims of the Illinois nursing home neglect to discuss fair settlement amounts to prevent the need to invest the time and resources taking the case to trial.

Often there are misconceptions about settlements in these and all injury cases. Those to criticize the justice system sometimes paint settlements as a bad thing—as if victims who settle a case are always motivated to simply make a quick buck in their filing of a lawsuit. Of course, these claims are ludicrous. Settlements can actually be a supremely more efficient way of handling disputes than via a jury trial. Obviously a jury is often necessary when the parties simply cannot agree. However, at the end of the day society is always better off when those who have disagreements are able to discuss the available evidence rationally and reach a fair understanding of what occurred and what redress need be provided. The ability to foster these discussions and facilitate these agreements is a strength of the civil justice system, not a weakness. It is for that reason that many judges work hard to put rules in place in their particular courtrooms to help plaintiffs and defendants get past their differences to fairly and logically discuss the available evidence about a situation in order to reach a reasonable settlement with which both sides can be satisfied.

We understand the important role that settlements often play in nursing home abuse and neglect cases. For example, we recently settled a case for a family on behalf of their loved who died at a nursing home in Lincolnwood, Illinois as a result of neglect by those involved in her care. The woman in that case was 84-years old. She was admitted to the facility only because she needed rehabilitation following a recent surgery. As part of that rehabilitation the nursing home was charged with providing blood-thinning medication and monitoring the effects. The senior needed to have frequent lab tests performed to ensure that the blood levels were appropriate to prevent clotting. This is a common task with which all nursing home facilities are accustomed. The facility failed in this duty. They did not properly administer or monitor the medication. As a result, the elderly woman suffered a blood clot induced stroke which caused severe damage that ultimately contributed to her death. We helped the family file a lawsuit after they learned more about the situation. The case was recently settled for just shy of $1 million, the maximum amount available under the insurance policy held by the negligent facility.

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Last week we shared the story of a 14-year old girl with cerebral palsy who died because of neglect by her at-home care providers. The child weighed a shocking 28 pounds at the time of her passing, besides being riddled with bed sores and infections. Considering her condition, it is without question that the last year of her life was filled with longing, confusion, and pain. Our Chicago injury lawyers continue to be completely shocked at the absolutely unacceptable treatment provided by those charged with caring for some of our most vulnerable community members. It remains inconceivable that so many could see a child in such a condition, weighing only 28 pounds!, and do nothing. Several involved in that situation will rightly be facing serious criminal charges as a result of the incident—a testament to the gravity of their wrongdoing.

In that story we mentioned that while such callous treatment of children is particularly troubling, similar misconduct routinely take places at nursing home with elderly victims. For example, last week the Star Tribune reported on a case of nursing home neglect also involving extreme weight loss. The story explained how a State Department investigation found severe neglect led to the death of one nursing home resident. The victim, whose identity has not been released, died earlier this year at a hospital near the long-term care facility. He was brought to the hospital after his severe weight loss was finally uncovered. A medical examiner’s office ruled after his death that while pneumonia was the primary cause of it, a contributing cause was severe dehydration.

In citing the involved nursing home, the State Department investigators noted that the there was a “breakdown in facility systems” which allowed the man’s condition to deteriorate seemingly without notice. Many different staff members were supposedly providing care, but that care was obviously illusory. Health officials explained that the man’s condition must not have been monitored for two months or more. They explained that the caregivers failed to evaluate his solid food intake and liquid intake. For inexplicable reasons they also did not notice his extreme weight loss. Because none of the victim’s problems were identified, the man’s doctor’s were never notified of his change in condition. Lifesaving care was therefore not provided until it was too late.

To most community members, including our Chicago nursing home neglect lawyers, it remains unclear how on earth such extreme weight loss can go without notice. Usually these sorts of extreme body changes are examples of the worse kind of neglect, where staff members provide care that no reasonable group would ever deem acceptable. Unfortunately, while these stories occasionally make newspaper headlines, most of the time similar abuse goes without recourse. It is for that reason that some of the worst offenders feel comfortable treating seniors this way again and again. If every victim (and their family) become aware of the nursing home abuse and actually came forward, then it is likely that those providing the care would actually do more to ensure that quality standards were met.

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