Illinois Nursing Home Abuse Blog

The Third U.S. Circuit Court of Appeals has ruled that the Federal Nursing Home Reform Amendments give residents of county-run nursing homes the right to bring civil rights claims under Section 1983 to challenge the quality of their treatment. The court says that these provisions make clear that nursing homes must provide a basic level of service and care for residents and Medicaid patients. Under this law, nursing homes “are required to care for residents in a manner promoting quality of life, provide services and activities to maintain the highest practicable physical, mental and psychosocial well-being of residents. The ruling revives a suit by the estate of a woman who died in the nursing home as a result of elderly neglect, malnourishment and bed sores that were so severe they led to a fatal case of sepsis. This nursing home decision will greatly impact nursing home negligence lawsuits. To read more about the appellate decision, please click the link.

The National Citizen’s Coalition for Nursing Home Reform has joined with Geriatric Nursing Centers in order to develop quality care for Nursing Homes. The important and complex role of nursing in culture change is examined in the newly released issue paper entitled Nurses’ Involvement in Nursing Home Culture Change: Overcoming Barriers, Advancing Opportunities. The paper discusses the idea that in nursing homes, the movement away from institutional provider-driven models of care to more humane consumer-driven models of care that embrace flexibility and resident self-determination has come to be known as culture change. The NCCHNR is striving hard to adhere to the Nursing Home Reform Act of 1987 which states that each resident must provide the necessary care and services to attain or maintain the highest practicable physical, mental and psychosocial well-being, in accordance with the comprehensive assessment and plan of care. To read more about the nursing home study, please click the link.

A nursing home that caters to those with Alzheimer’s disease has been cited for the second time in five months for endangering the lives of residents by failing to property care for them. The nursing home received a “Type A” citation, which is the most serious, and a fine for $5,000 after the nursing home negligence. Investigators found that a resident was injured in the early morning after a fall and did not receive medical attention for injuries until family members arrived that afternoon and demanded that a doctor be called. Despite complaining of pain and stating that she believed she had a broken bone, the resident wasn’t seen by a physician until 3, almost 12 hours after her fall. The resident was taken to a hospital emergency room, where she was treated for a pelvic fracture, low blood pressure and a laceration on her elbow that required stitches. Investigators found that the nursing home failed to prevent accidents and ensure the safety of that resident and two others who had been injured in falls. To read more about the nursing home negligence, please click the link.

A nurse’s assistant admitted Friday she abused a patient in her care at a nursing home. The woman pled guilty to one count of misdemeanor abuse of a vulnerable adult. The nursing assistant had physically abused a patient by striking their buttocks. The patient was bruised and “visibly shaken by the event” but “wasn’t seriously injured physically.” The nursing home had dismissed the employee once the report of elderly abuse was entered. The assistant’s name will put her on a registry prohibiting her from working at any care facility accepting Medicaid for at least five years. Nursing home abuse can occur everywhere, including Chicago, Illinois. To read more about the physical abuse, please click the link.

While Cynthia and Earl Wade look through a photo album, they remember their mother who was rushed to an emergency room less than 10 days into her stay at the International Nursing and Rehab Center. Their mother had explicit instructions on her medical chart not to administer dialysis through her left arm. However, the nurse ignored these explicit directions and inserted a needle into her left arm, sending her to the nursing home. Unfortunately, Luzella Wade could not recover from her injuries, and wrongfully died. Her attorney Steven Levin filed a lawsuit on behalf of the family in Cook County for the wrongful death of their mother. However, the story goes deeper, when the Chicago Reporter investigations revealed that this type of nursing home negligence occurs more in black nursing homes than those in white. In fact, Illinois has the highest number of poorly rated black nursing homes nationwide. Additionally nearly 85 percent of black nursing homes got the lowest rating for nurse staffing. To read more about the inadequacies in nursing homes, please read the Chicago Reporter.

The Centers for Medicare & Medicaid Services recently released a new set of requirements that focus on improving the quality of life for nursing home residents. According to the CMS Acting Administrator Charlene Frizzera, “The improvements in the guidance are intended to support efforts underway to transform nursing homes into environments that are more like their homes through both environmental changes and resident-centered caregiving.” The new guidance focuses heavily on creating a welcoming environment that centers upon the individual nursing home residents’ needs. It also gives residents choices in activities, grooming, eating and bedtimes. To read more about the new CMS requirements, follow the link.

Chicago personal injury lawyer Steve Levin of Levin & Perconti was featured in a Chicago Reporter article that highlights the differences in care received in black seniors’ homes when compared to white seniors. Attorney Levin is representing Cynthia and Earl Wade in their suit against International Nursing and Rehab Center. Since 2004, the nursing home has been sued 18 times in the Cook County Circuit Court. The article focuses on the difference in care that seniors receive in minority care centers than that given in predominately white nursing homes.

The families of alleged elder abuse victims are reaching out on social networking websites to spread the message of reform in long-term care facilities across the country. The families, who have formed under a group called Families Against Nursing Home Abuse, have pages on Facebook, Twitter and MySpace. At these sites, people can read reactions to elder abuse and get to know the alleged victims in words and photos. Victims are trying to get the community involved, and the attention of local people. They are committed to providing information and resources for the continuum of long-term care. Elder abuse can happen everywhere, even in Chicago, Illinois. To read more about the elder abuse, please click the link.

Westshire Nursing & Rehab Center in Cicero, Illinois has received a Type “A” Violation and a fine of $35,000 after inspectors found that the nursing home did not prevent pressure sores. Additionally, an inspector found that a resident had a diaper soiled with feces.

The Illinois Department of Health produces quarterly reports on nursing home violators. To access the violation website, please click the link.

A man who was once entrusted with the care of the elderly is now behind bars after being accused of sexually assaulting three female patients at an assisted living facility. The man is charged with three counts of sexual assault in the third degree. According to court documents he pinched three women’s bare breasts. He laughed while he sexually abused women in their late 80’s or early 90’s who all had dementia and cannot recall the incidents. Sexual abuse is all too common in nursing homes. If you or a loved one has experienced elderly abuse, please find an Illinois lawyer. To read more about the sexual abuse, please click the link.

Elder abuse has become an all too real reality in nursing homes across the country. However, there are some very practical things you can do to make sure your family is safe while in a nursing home. The best way to combat nursing home abuse is to visit often. It is a fact that clients who have regular visitation from family and friends are less likely to be abused. Also it is important to be vigilant and learn to recognize symptoms of elder abuse. Establishing relationships with staff will help lessen the possibility of elder abuse. All of these ways will help your loved one stay safe in their nursing home. To read more about the elder abuse, please click the link.

Southview Manor in Chicago, Illinois has received a Type “A” Violation and a fine in the amount of $15,000 after inspectors found that the nursing home did not have a psychiatric rehabilitation program. Also, inspectors found that employees allowed residents to consume drugs or alcohol while taking psych medications.

The Illinois Department of Health produces quarterly reports on nursing home violators. To access the violation website, please click the link.