June 27, 2016

Medication Mistake Caused Injury to Nursing Home Resident, Prompted Lawsuit

by Levin & Perconti

As people get older they often require prescription medications to treat their medical conditions and to keep their problems from worsening. Most elderly people in nursing homes take at least one prescription medication on a regular basis and many take two or more daily. At nursing homes, residents rely on their caregivers to administer their medications properly.

Unfortunately, this doesn’t always happen. A man recently filed a lawsuit against a nursing home alleging their negligence caused his injuries. The lawsuit was filed in Cook County and seeks damages of more than $50,000.

Medication Errors

Medication mistakes are all too common. There are a number of different ways that errors can occur. The physician may prescribe the wrong medication, or could order the wrong dosage. The pharmacist might make an error when packaging or mixing the medication, or in providing the instructions. Improperly taking the medication can cause serious medical problems. Taking too much medication can cause an overdose while taking too little will not adequately treat the condition. Medical mistakes, including medication mistakes, are the third most common cause of death in the United States.


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June 25, 2016

Levin & Perconti Represent Estate of Man Who Died From Nursing Home Neglect

by Levin & Perconti

Nursing homes should be safe places where our loved ones can live peacefully and securely. Unfortunately, that is not always the case. The resident of a local nursing home died after suffering injuries that were allegedly due to neglectful care. Nursing home neglect can cause serious injuries that can lead to death, as in this instance. Levin & Perconti, a leading nursing home neglect law firm in Chicago, filed the lawsuit on behalf of the victim’s estate representative. The lawsuit, filed in Cook County, seeks damages of more than $50,000.

Injuries Resulting From a Fall

Falls are the number one cause of injuries among senior citizens in the United States. A fall can often cause broken bones, bruises, and head injuries. As the injuries worsen, they can result in more serious medical problems and may contribute to death. This woman in this lawsuit was a resident of the Imperial Grove Pavilion, in Chicago, when she suffered serious injuries as a result of a fall. According to the filing, the nursing home failed to provide proper supervision while she was a resident there.

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June 22, 2016

Defective Depuy Hip Implant Prompts Lawsuit

by Levin & Perconti

Hip surgery is a somewhat common surgery for many older individuals. Weakened or brittle bones may fracture in a fall or could simply deteriorate. Often, doctors recommend hip implant surgery to correct the problem and relieve pain. Depuy Orthopaedics, Inc. is one of the manufacturers of hip implant hardware. Since 2010, we have reported on recalls and numerous lawsuits due to defective Depuy hip implants. Another lawsuit was recently filed in Cook County, alleging that a defective hip implant caused significant pain and injury, and necessitated additional surgery.

Hip Implant Surgery

Each year, thousands of people undergo hip replacement surgery in the United States. The surgery is done to relieve pain and restore mobility because of damaged or worn hips. The surgery sometimes requires a lengthy recovery process, particularly for some elderly patients. In this case, the patient claims that he suffered severe pain and medical problems after having a Depuy hip implant utilized. The man required another surgery to remove and replace the defective hip implant.

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June 20, 2016

Back to the Basics - How Safe Are Nursing Homes?

by Levin & Perconti

Nursing homes are supposed to be safe places where our elderly loved ones receive the care they need as they get older. Most people consider nursing homes as more secure than having loved ones live on their own or with relatives. Yet, this is not always the case. Nursing home neglect and abuse are a constant concern, as reports continue to rise, and many incidents go unreported.

The Illinois Nursing Home Care Act is legislation provides guidelines that help to ensure that nursing homes provide proper care. The Illinois Department of Public Health, IDPH, is, in part, responsible for making sure that nursing homes comply with all of the state and local laws.

Inspections and Violations

IDPH conducts approximately 1,300 inspections yearly of Illinois nursing homes. The inspections are called surveys, and evaluate the adequacy of the equipment, staff, policies, procedures, and finances of the facilities. Additionally, the department responds to about 6,000 complaints every year. The IDPH issues quarterly reports of nursing home violations. These reports provide a list of any violations noted during the reporting period, listed by specific location. If a nursing home receives a violation they must take steps to fix the problem, and must also pay an associated fine.

Types of Violations

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June 17, 2016

Levin & Perconti Lawsuit Filed against Nursing Home in Resident’s Death

by Levin & Perconti

Nursing homes are required to provide safe care to our elderly loved ones. Instead, sometimes the proper care is not given, and a resident is injured or dies as a result. A recent lawsuit was filed against an Orland Park nursing home alleging negligence in the death of a resident. The daughter is suing Lexington Health Care Center of Orland Park, Inc. and is represented by Levin & Perconti.

Fall Caused Injuries

Falls occur very frequently in nursing homes. In fact, a recent report indicates that an average-sized nursing home with 200 beds reports about 100 falls every year. Actually, the number of elderly people who fall in nursing homes could be higher than that, because many times, neglectful actions are not reported. In this case, the woman was found lying on the floor of her room after she had suffered a fall. The lawsuit indicates that she was not properly supervised at the time.

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June 15, 2016

Back to the Basics - Arbitration Agreements in Nursing Home Contracts

by Levin & Perconti

Arbitration agreements or clauses have long been included in many types of consumer contracts. From purchasing electronics, to getting a new credit card, arbitration clauses are certainly a way that large companies have tried to prevent legal action from consumers. Most people don’t read the fine print on a contract; after all, there is so much to read. The various clauses that make up the contract are usually located on the back of the document or otherwise in small print that makes it difficult to read.

Effect of Arbitration Clauses

When arbitration clauses are utilized they are designed to be of help to the contract provider. They are usually a way to prohibit the consumer from being able to take legal action, even when it is necessary. The clauses force customers into arbitration when there are problems with the contract, rather than taking the matter to court. Further, arbitration clauses act to discourage action from being taken at all, and when arbitration is used, it is often required that they use specific arbitration services.

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June 13, 2016

Are Arbitration Clauses Enforceable?

by Levin & Perconti

Arbitration clauses are everywhere these days. It seems that almost every document, contract, lease, and credit account has an arbitration clause in it. Arbitration clauses typically require people to use specific arbitration methods rather than going to court when disagreements occur. These clauses are appearing in every contract, including in nursing home agreements. Many people wonder if these clauses are enforceable.

Mandatory Arbitration

Mandatory arbitration stipulates that if a dispute arises, the person is not allowed to utilize the United States legal system, and must instead resolve the situation through arbitration. Further, many of these clauses require arbitration through a specific company or group. These clauses are embedded in the small print of just about every contract you sign.

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June 10, 2016

Care Facility Facing Lawsuit for Neglect

by Levin & Perconti

Nursing homes and care facilities are required to provide proper care to all residents. Sometimes, nursing homes fail to take care of residents, as in one recent case. A woman has filed a lawsuit in Cook County against Alden Wentworth Rehab & Health Care Center alleging negligent care. The woman was a resident of the facility in 2014, and suffered injuries because the care workers did not properly administer her medication. The woman is requesting a jury trial and damages of more than $50,000.

Violation of Illinois Nursing Home Care Act

The lawsuit cites a failure on the part of the facility, to adhere to the requirements of the Illinois Nursing Home Care Act. The Illinois Nursing Home Care Act is legislation that provides guidelines for resident care in nursing homes. The act details how residents are to be treated and what steps must be taken to resolve difficulties, should they occur. Nursing home management and staff are required to properly attend to and supervise patients, as well as administer medication when needed. They also must seek medical attention for residents when they need it.http://www.levinperconti.com/chicago-nursing-home-bed-sore-lawyer.html

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June 8, 2016

Long Term Care Facility Blamed for Negligence in Resident’s Death

by Levin & Perconti

Nursing homes and long term care facilities should be safe places where our loved ones can heal from medical procedures while receiving high quality care. Unfortunately, many residents are injured or die each year as a result of negligent care provided in one of these locations. A recent lawsuit, filed in Cook County, accuses a nursing center of negligence and wrongful death of a resident while in their care. The lawsuit was filed by the woman’s family and names Belhaven Nursing and Rehabilitation Center, LLC and Infinity Healthcare Management of Illinois, LLC.

Failing to Protect Against Neglect

Nursing homes are required by law to provide proper care to their residents. The Illinois Nursing Home Care Act is legislation that outlines the responsibilities and requirements of the nursing home and the rights of the patients. In this case, the lawsuit states that the facility was negligent in their responsibility to protect and care for the woman. According to the filing, the woman was a high risk for the development of pressure ulcers, dehydration, and urinary tract infections. Any of these ailments alone could be dangerous and could be considered medical emergencies.

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June 6, 2016

Nursing Homes Under Fire for Evicting Residents

by Levin & Perconti

With a large number of the American population starting to reach old age, the need for quality nursing homes is continuing to rise. While many nursing homes have been found to provide negligent or even abusive care, some are now requesting residents to leave. According to a recent report, the number of nursing home residents being ejected from facilities is on the rise. Although residents may be legally removed from such residences, federal law limits the circumstances under which this may occur.

Reasons for Evictions

Federal law allows nursing home and care facility evictions only for certain reasons including:

*Resident Fails to Pay
*Facility Closes
*Resident is a Risk to Others
*Resident Does Not Require Services Any Longer
*Facility Can No Longer Meet the Resident’s Needs

Additionally, nursing homes are required to reserve a number of beds for those who are patients of Medicaid and require less than a week of care. Nursing home management may be quicker to try to remove residents who repeatedly challenge the level of care they are receiving.

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June 4, 2016

Levin & Perconti Represent Family in Nursing Home Neglect Lawsuit

by Levin & Perconti

Nursing homes should be safe places, where we can be assured that our loved ones receive the care and support they need in their advancing age. Unfortunately, that was not the case for the family of one elderly man and his family. The family recently filed a lawsuit alleging that the man died as a result of injuries and neglect suffered at two local area nursing homes. The family is being represented by Levin & Perconti and is seeking damages of more than $50,000 in a lawsuit filed in Cook County.

Man Suffered Injuries

The man was injured because of neglectful care at Asta Care Center of Elgin, LLC, and Warren Park Health and Living Center, LLC. The family claims that the man’s health deteriorated significantly while under their care. The man was malnourished, and was found to have been ingesting harmful substances. The care providers failed to properly supervise the resident, which resulted in his severe medical conditions.

Improper Care

The family indicates that their loved one received insufficient care while at the nursing home. The man suffered from some mental decline so he was not able to care for himself. The nursing home was responsible for providing care and supervision as needed. The man was found to be eating substances which were not food items on several occasions. Nursing home staff should have been available to watch the resident in order to keep him safe. Additionally, the man suffered from malnutrition.

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June 3, 2016

Malnutrition – A Sign of Nursing Home Neglect

by Levin & Perconti

Nursing homes are supposed to be safe, secure havens where our elderly relatives can live a healthy, happy, existence. Instead, some nursing homes are unsafe, and are actually providing harmful, neglectful care. There are many signs of nursing home neglect, which can cause serious injuries, or even death. Malnutrition is one of the most common problems facing nursing home residents, yet it is one that is not always recognized.

Causes of Malnutrition in Nursing Homes

Most people think that malnutrition is something that affects only people in third-world countries. That is simply not the case. Malnutrition is a concern among older people, especially those who live alone or in nursing homes .Nursing homes do not always provide the level of care that is necessary, especially when overseeing caloric intake. The elderly may have a reduced appetite, may have medications that cause stomach upsets, or may have dental problems that make eating more difficult. Other problems could also contribute to malnourishment. For example, residents may have difficulty using utensils or may require their food to be soft or cut into small pieces.

Why Malnutrition Goes Unnoticed

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