March 17, 2010

Class-Action Lawsuit Orders Illinois to Help Residents Transfer Out of Institutions and Nursing Homes

A settlement in a class-action lawsuit has demanded that the state of Illinois must help thousands of residents move out of large mental institutions. The state must also provide those residents with support services. The Chicago Sun Times has reported that the state will have five years to help those residents make a transition to small homes and apartments. The residents will be overseen by a court-appointed monitor.

The negligence lawsuit was filed by the ACLU and claimed that Illinois has violated the rights of 4,500 mentally ill people by forcing them to live with large groups of others who have mental illnesses in under-funded facilities. By doing this, the ACLU argued that Illinois had violated the Americans with Disabilities Act. One 51-year-old victim resided in the Chicago nursing home of Columbus Manor for nearly 10 years. He wants to move out and get a job and believes that he can manage his own medications with some help. He feels that the state has been too slow to help him with this transition. Illinois has 25 nursing homes that will be subject to this settlement.

Another nursing home lawsuit has been filed that involves those mentally ill residents who live in nursing homes with the elderly. More than 13,000 mentally ill people live in nursing homes throughout Illinois that also house senior residents. It is imperative that Illinois address these problems for the sake of both the mentally ill and the elderly. The Chicago nursing home lawyers at Levin & Perconti believe this is a positive step towards nursing home reformation. To learn more about the Illinois settlement, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Verdicts and Settlements

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March 11, 2010

Both Chicago and Illinois Move to Improve Nursing Home Safety

Illinois and Chicago officials are looking towards new legislative proposals to improve nursing home safety. 48th Ward Alderman Mary Ann Smith has introduced ordinance amendments which will hopefully strengthen the current city of Chicago inspections of nursing facilities. Additionally, the nursing home legislation will increase enforcement and penalties of incidents of nursing home abuse. Under the new legislation nursing homes will be required to make the details of their financial and safety records more accessible to the public.

While this new city legislation is being debated, Governor Quinn’s office is planning to introduce legislation that will implement the recommendations of the recently formed Nursing Home Safety Task Force. This task force was formed immediately after the Chicago Tribune reported the grave conditions that take place at area Chicago nursing homes. These incidents included rapes, attacks and murders in those facilities that house the elderly with the mentally ill. The task force has recommended tightening criminal background checks on new residents, increasing nursing staffing and bolstering sanctions against facilities whom chronically breach safety regulations.

The Chicago nursing home lawyers of Levin and Perconti support the recent efforts to improve nursing home safety. They recognize that legislative action may decrease the cases of nursing home abuse throughout the state of Illinois. Many other organizations are supporting the legislation such as the AARP, Illinois Citizens for Better Care and the trial lawyers association. The crafters of the bill believe that the great amount of support they are receiving will help the nursing home bill pass through the legislative channels. To learn more about the recent proposals, check out the Chicago Tribune article.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Legislation, Nursing Home Abuse

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March 9, 2010

New Nursing Home Legislation Looks to Reform Illinois

A group of elder advocate groups brought together by the AARP joined in Springfield to announce nursing home legislation that will reform the way nursing homes operate in Illinois. Senate Bill 685 was introduced by Heather Steans and Jacqueline Collins, both Democrats from Chicago. As been highlighted recently in the media, nursing home residents in Illinois have been victims of nursing home failures. Nursing home patients have been the victims of physical, mental and sexual abuse. They have been given the wrong diagnosis or wrong medications all at the hands of nursing home employees. This bill will go way beyond what has recently been proposed in the Governor’s task force. To read more reaction about the Illinois nursing home legislation, please click the link.

The new Illinois nursing home legislation will address many problems currently plaguing residents. The group's press release states that legislation will improve the quality of care for nursing home residents and create meaningful regulations for Illinois nursing homes. These include disincentives and penalties for facilities that provide inadequate care. Also, the legislation would provide regulations that promote resident safety and a safe environment for all older people in Illinois nursing homes. One of the most important provisions is that the legislation would require higher staff to patient ratios and better training for direct-care staff. This is extremely important because many studies have found that a home's employee to resident ratio is a vital part of a safe nursing home. The Chicago nursing home lawyers of Levin & Perconti support this legislation and ask that everyone contact their Illinois representatives to voice their support as well. The Illinois AARP set up a Nursing Home Reform Legislation Hotline. We encourage you to call 1-888-616-3322 to ask your Illinois legislators to support Senate Bill 685.

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Posted In: Illinois Nursing Homes, Legislation

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Press Conference to Announce Nursing Home Reform Legislation in Illinois

Today, lawmakers, the AARP, the Illinois Trial Lawyers Association, the Illinois Citizens for Better Care, the Illinois Association of Long Term Care Ombudsmen and other senior and nursing home advocacy groups will hold a press conference to announce nursing home reform legislation that will be introduced in the Illinois Senate this week. The press conference will be held in Springfield at 1:00 p.m. CST.

As Chicago nursing home neglect attorneys who represent residents and their families, we are energized to see legislation aimed at improving safety and care for nursing home residents in Illinois. We commend the lawmakers and advocates who made this legislation possible. We will continue to post news updates surrounding the Illinois nursing home abuse and neglect reform legislation.

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Posted In: Illinois Nursing Homes

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March 7, 2010

Illinois Nursing Homes Must Carry Insurance

The Clarion Ledger has recently posted an article discussing the needs of nursing homes to carry insurance. The article points out that many nursing homes do not carry enough liability insurance to cover damages caps if a nursing home abuse lawsuit is filed. Many nursing homes face lawsuits after physical and sexual abuse or nursing home neglect. Nursing homes should be required to carry enough insurance to cover a vulnerable person that is injured, mistreated or abused while a resident at the home.

In Mississippi, a current House Bill 536 would require non-government nursing homes to carry $500,000 in liability coverage which is equivalent to the amount that the government nursing homes must carry under the Tort Claims Act. While this out-of-state legislation may seem like an obvious need to those who believe in elderly rights, many insurance companies and nursing home lobbyists are working diligently to try to kill the bill before it reaches the Senate. Since nursing homes have received the damage caps they believe are so important, it is imperative that they carry insurance. The elderly need and deserve the accountability afforded to them with the passage of HB 536. To read more about the nursing home legislation, please check out the link.

Illinois is one of the states that does not require nursing homes to carry liability insurance. We hope that new Illinois nursing home reform legislation will require homes to operate with insurance. The Chicago nursing home abuse attorneys at Levin & Perconti encourage people to ask if a nursing home carries insurance before entrusting a loved one to the facility. Researching a nursing home’s insurance information is an important step to ensuring your family members rights in the event of an injury caused by negligence.

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Posted In: Illinois Nursing Homes, National Nursing Homes, How to choose a home, Legislation, Legislation

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March 4, 2010

Chicago Nursing Home Abuse Lawyer Steve Levin Quoted about “Angel of Death” Case

The Chicago nursing home abuse lawyers of Levin & Perconti filed an amended complaint in the McHenry County Circuit Court yesterday in a lawsuit against Woodstock Residence. Our attorneys represent the family of Virginia Cole in a civil lawsuit against the nursing home and two former employees. The original complaint alleges that the nursing home and named employees administered lethal doses of morphine that led to Cole’s death at the age of 78. The amended complaint adds the medical director at the time of Cole’s death as a defendant, alleging that the director was negligent in his care of Cole. The complaint alleges that the medical director diagnosed Cole incorrectly, neglected to determine if she was in pain before he ordered morphine and failed to make sure the nursing home was handling controlled substances, such as morphine, properly.

According to Illinois nursing home attorney Steve Levin, the lawsuit does not allege that the named medical director was aware that employees were giving Cole and other nursing home residents unneeded doses of morphine, a narcotic pain killer that is used to treat severe pain. The medical director was also named in a wrongful death suit that was filed on behalf of another Woodstock resident whose death is in question.

In addition to the civil wrongful death lawsuit, a criminal lawsuit has also been filed against the two former employees. We will continue to provide news and information on the “Angel of Death” case in McHenry County as it becomes available. To read the Northwest Herald’s coverage of the nursing home lawsuit, click on the hyperlink.

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Posted In: "Angel of Death" case, Illinois Nursing Homes, Levin & Perconti in the News

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February 27, 2010

Illinois Continues Nursing Home Safety Push to Reduce Abuse and Neglect

According to the Chicago Tribune, Illinois Attorney General Lisa Madigan stated that both her office and the local police are intensifying their efforts to protect nursing home residents by making unannounced visits and conducting broad safety checks at troubled Illinois nursing homes. Criminal investigators have joined with Chicago police to examine nursing home records to uncover unregistered felons and sex offenders living within the facilities. They are also interviewing residents and staff at those facilities with histories of serious safety breaches. Madigan’s chief of staff stated that the current regulatory system has proved itself incapable of any type of rapid response to violations.

Governor Quinn is also working to introduce a comprehensive package of nursing home safety-reform bills. This is after Quinn’s Nursing Home Safety Task Force completed a 52-page plan to overhaul to state’s troubled long-term system that includes nursing homes housing more than 3,000 patients with felony records. The task force has met with representatives of the state’s largest nursing-home association as well as advocates for both the mentally ill and the elderly. It has recommended screening of people admitted to nursing homes by identifying those with criminal backgrounds. This will help decrease the amount of in-resident nursing home abuse.

The task force was initiated in response to a Chicago Tribune investigation documenting the rapes and attacks at Illinois nursing homes. If you or a loved one has been of victim of nursing home abuse, please contact a Chicago nursing home abuse lawyer. To learn more about the findings of the nursing home task force, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation

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February 24, 2010

Man Files Nursing Home Abuse and Neglect Lawsuit Against Glenbridge Nursing and Rehabilitation Centre in Suburban Chicago, Illinois

An Illinois man recently filed a nursing home negligence lawsuit against Glenbridge Nursing and Rehabilitation Centre in Niles, IL. According to an article in the Niles Herald –Spectator, the nursing home failed to treat the resident’s injured hand after he fell at the home. As a result of his injury, his right ring finger became gangrenous and required surgery to amputate his finger one month after his fall.

The resident fell on December 7, 2008, despite being at high risk for falls according to nursing home assessments. He injured his hand during the fall, but the nursing home staff failed to record his injury in their notes. Twelve days later, a nurse observed that his finger was swollen and required monitoring, but the nursing home again failed to record any notes on his injury. It was not until January 4, 2009 that staff discovered his finger was necrotic, and several days later his finger was amputated.

According to the complaint, the nursing home failed to supervise the resident and failed to discover or treat his injured finger in a timely manner. The Chicago nursing home neglect attorneys at Levin & Perconti have handled a number of cases in which nursing homes failed to properly supervise residents. When nursing homes fail to adequately supervise residents, falls, elopement or nursing home abuse may occur and may lead to injury or death. Nursing homes are responsible for monitoring residents to protect them from harms such as these. Nursing home staff members are also responsible for evaluating and treating health problems in a timely manner. If Glenbridge staff had addressed the resident’s injury initially, they may have prevented it from progressing to the point of amputation.

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Posted In: Illinois Nursing Homes, Failure to supervise, Nursing Home Negligence

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February 23, 2010

Illinois Nursing Home Neglect: Department of Health Issues Nursing Home Citations

According to an article on MyWebTimes.com, the Illinois Department of Public Health has secured documents that indicate the owner of Camelot Terrace in Streator, Illinois might have tried to convince inspectors to change their reports to reflect positively on the condition of the nursing home. This came after inspectors found unsafe living conditions in the Illinois nursing home. The department of health has issued an “immediate jeopardy” citation for Camelot Terrace because of the presence of mold and termites throughout the nursing home’s living quarters. The IDPH classifies an immediate jeopardy citation as one that poses an immediate threat of serious injury or death. The mold inspection company representative stated that the nursing home is a wreck. Nursing homes must have a clean atmosphere to protect the safety and welfare of their residents. Camelot Terrace’s owner has filed an “information dispute resolution” to contest the department’s citations. The owner is also being accused of attempting to mislead the Department. He supposedly instructed staff to provide less than truthful information to Department representatives. To learn more about the Camelot Terrace inspection, please check out the MyWebTimes.com article.

This article highlights the important role the IDPH plays in overseeing nursing homes. The IDPH is responsible for ensuring that all nursing homes comply fully with mandatory state regulations. By comporting with mandatory regulations nursing homes help avoid elderly abuse and neglect. The IDPH works closely with Medicare and Medicaid to ensure that all payments are rendered to the appropriate people. Each year, the IDPH conducts approximately 1,300 full on-site inspections of the nursing homes in response to the complaints. To learn more about how the IDPH regulates nursing homes, visit their nursing home website.

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Posted In: Illinois Nursing Homes, Bad nursing homes, Incidents

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February 20, 2010

Illinois Task Force Releases Report, Recommendations will Reduce Nursing Home Negligence

On February 19, the Illinois nursing home task force on safety released their final report with recommendations on how to improve safety and care for nursing home residents. Click on the link to view the report on Illinois nursing homes in its entirety.

The task force report contained 37 recommendations for improving safety and the quality of care for nursing home residents who suffer from mental and physical illness or disabilities. The task force report calls for improvements in the screening and referral system to ensure that people with serious mental illnesses are referred to the most appropriate residential setting for their condition. It also includes recommendations to improve care, including raising minimum staffing levels and increasing nursing home fees and taxes to cover more government oversight. In addition, the report recommends expanding home and community-based programs to give more options to people with mental illness. Along with offering the task force’s recommendations, the 52-page report contains next steps, including relevant nursing home reform legislation and changes to nursing home regulations.

The Chicago Tribune reported that the Governor and task force set a deadline of April 30, 2010 for many of the reforms to be implemented. To prepare for this swift change, state agencies and lawmakers have already begun to draft new regulations and legislation to address the nursing home reform. The Chicago nursing home lawyers at Levin & Perconti hope that the task force’s recommendations will bring real change to nursing homes in Illinois. Currently, many homes house older vulnerable residents alongside younger residents with mental illnesses. Due to insufficient staffing levels and training, nursing home abuse between residents often occurs because nursing home staff cannot provide the proper care and supervision that residents with mental illnesses need. Improving standards of care and increasing living options for younger people with mental illnesses will not only protect older nursing home residents, but will also offer better treatment to those suffering from mental illness.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes

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February 11, 2010

Illinois Nursing Home has Funds Cut Off After Incidents of Nursing Home Abuse

Illinois and federal authorities have stopped funding to the Fox River Pavilion nursing home in Aurora Illinois. This occurred after a series of violent incidents that included the wrongful death of one resident in a fight. State investigators believe that a lack of staffing contributed to the resident-on-resident attacks at the 98-resident nursing home in Aurora. They found that the staff failed to properly monitor and treat aggressive mentally ill felons housed there. The problem of inadequate staffing has become widespread in Illinois. Illinois has the highest ratio of mentally ill patients housed with the elderly. Many of these psychiatric patients have felony records.

A Chicago Tribune investigation has revealed that the nursing homes with the most felons also have the fewest nursing home staff employees. Fox River Pavilion housed 26 felons and had a ratio of nursing home staff to patients “well below average” than desired. During the wrongful death residents said that no staff were present to control the incident. This termination marks the second time in one month that Medicare and Medicaid Services has cut off funding of an Illinois nursing home. The state has also moved to decertify the Somerset Place nursing home in Chicago.

The Chicago injury attorneys at Levin & Perconti believe that nursing home staffing levels are one of the most important issues that plague modern day facilities. In order to combat nursing home negligence there needs to be a number of well-trained staff members that are employed 24-hours a day. If you believe that a loved one has been injured in a nursing home due to insufficient staffing numbers, please consult an Illinois nursing home abuse lawyer. To read more about this Illinois nursing home, losing funding, follow the link.

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Posted In: Illinois Nursing Homes, Nursing Home Staff, Fox River Pavilion, Incidents, Nursing Home Staff News

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February 8, 2010

Chicago, Illinois Nursing Home Abuse and Neglect Attorney Steven Levin on Nursing Home Safety

Chicago nursing home attorney Steven Levin wrote to the Chicago Tribune to praise them for their commitment to uncovering nursing home abuse. He applauded the Tribune’s efforts in raising public awareness of Chicago nursing home abuse. Attorney Levin believes that there is a critical need for adequate staffing in nursing homes to protect residents from harm or abuse. When nursing-home owners focus on census over patient care, nursing home negligence ensues. Care workers must be sufficiently trained to create an environment void of physical and sexual abuse. Steven Levin urged readers to contact their respective state representatives to demand legislation that provides minimum staffing standards for Illinois nursing homes. This will help avoid Chicago nursing home abuse. To read the entire letter to the editor, please check out the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Home Abuse, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Levin & Perconti in the News

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February 5, 2010

Somerset Place in Chicago, Illinois is Facing Shutdown for Nursing Home Negligence

Chicago’s Somerset Place nursing home has filed a civil lawsuit to stop the government from administratively shutting it down. State and federal authorities were threatening to close Somerset Place until it remedies the serious safety breaches they found upon inspection. The officials stated that these breaches put “the health and safety of residents in immediate jeopardy.” The Chicago nursing home has filed a submitted plan of correction. This story correlates to the recent Chicago Tribune reports that found violence and elderly abuse at the facility. There were also numerous Department of Public Health citations along with complaints from the community. The Centers for Medicare & Medicaid Services did warn the facility that it would face termination from their programs unless these problems were addressed. The nursing home negligence has lead to fines of at least $6,050 per day. Also, their Illinois state license is in the process of being revoked. If you have a loved one within Somerset Place, please consult a Chicago nursing home attorney. To learn more about the nursing home revocation, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Incidents, Somerset Place

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February 4, 2010

Madison County Illinois: Elder Abuse and Neglect is Too Common

An Illinois county has enacted a new team to review cases of alleged or suspected elderly abuse, neglect or exploitation. This team was organized by the county’s coroner in coordination with the Illinois Department of Aging. They are looking to have several people investigate cases of elderly abuse. Also the team hopes to gather information that will enable them to discover gaps in the nursing home system and the services provided to the elderly. The team leader believes that the elderly are a group that is very vulnerable to nursing home abuse. This type of team should be present in every county throughout the state in order to combat Illinois elderly abuse. To read more about the elderly abuse team, please click the link.

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Posted In: Illinois Nursing Homes, Government Reports, Elder Caregivers

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February 3, 2010

Golden Moments Senior Care in Jacksonville, Illinois Fined $50,000 for Nursing Home Neglect

State officials have fined the Golden Moments Senior Care Center in Jacksonville, Illinois $50,000. The nursing home was fined for poor care that has been connected with the wrongful death of a 74-year-old resident who choked on food. The elderly man was developmentally disabled and staffers knew that he had a risk of chocking on food. The nursing home employees did not feed the patient a proper diet. An Illinois Department of Public Health report revealed that the man had no teeth and should have ground up meat. However, the nursing home gave the victim a piece of ham that had only been torn into pieces. The man then collapsed and died upon eating the ham. The coroner found ham pieces and mashed potatoes lying next to his body and a wad of ham the “size of a tangerine” in his windpipe. The coroner than filed a complaint with the Illinois Department of Public Health. Golden Moments Senior Center has already faced fines after an employee was accused of nursing home abuse. This nursing home has been the center of many posts on this nursing home negligence blog as well. If you have had problems with Golden Moments Senior Center, please contact a Chicago nursing home lawyer. To read more about the choking incident, please click the link.

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Posted In: Illinois Nursing Homes, Golden Moments Senior Center, Incidents, Wrongful Death

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January 31, 2010

1 in 5 Nursing Homes Get Low Stars

The USA Today has released a report stating that one in five of the country’s 15,700 nursing homes were found on the lower end of the five-star scale. It seems that almost all of the nursing home receiving one or two stars are owned by-for-profit corporations. The stars reflect inspections performed in the nursing homes as well as complaint investigations. Most owners must take responsibility for the consequences of the poorly performing nursing homes. The lowest-rated facilities have averaged about 14 deficiencies per site. These deficiencies include nursing home abuse and safety violations. You may visit the nursing home compare website by clicking on the link. Many Chicago nursing homes only have one star. These include: Alden Princeton; Avenue Care Center; Belhaven Nursing & Rehab Center; Kenwood Healthcare Center; and Waterfront Terrace. The nursing home negligence attorneys at Levin & Perconti have filed numerous lawsuits against one-star nursing homes in Chicago. They have also noticed that many of these homes have not improved their ratings and continue to commit Chicago nursing home abuse.

To read the story concerning the low star nursing homes, please click the link.

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Posted In: Illinois Nursing Homes, National Nursing Homes, Government Reports, Chicago Nursing Homes, How to choose a home

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National LTC Ombudsman January Gazette on Nursing Home Abuse

The National Consumer Voice for Quality Long-Term Care has released their January Gazette. This newsletter includes important articles on nursing home abuse. The newsletter highlights the Chicago nursing home abuse that occurs when felons live in facilities. The newsletter also discusses eviction rights and the U.S. News and World Report highlighting the benefits of Resident-Centered Care. This gazette is a must read for all nursing home lawyers. To read the Gazette, Please click the link.

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Posted In: Illinois Nursing Homes, Ombudsmen and Resident Advocates, Elder Law Attorneys, National Nursing Homes, Chicago Nursing Homes, Useful publications

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January 30, 2010

Somerset Place in Chicago, Illinois May Lose Funding After Reports of Negligence

Chicago’s Somerset Place nursing home is at risk of losing its federal funding. They have cleared there first hurdle in ensuring that does not happen by dealing with the resident’s threat to safety. The U.S. Centers for Medicare and Medicaid Services said that the agency has approved those plans. Somerset Place has recently been cited for fire hazards caused by smoking, staff-to-resident abuse, lack of supervision and administrative failures. The government will unexpectedly visit Somerset Place to ensure that the plan is working. Also, Somerset Place will submit a larger plan for fixing other problems that aren’t such an immediate threat to the residents. Many of the Somerset’s 300 residents have mental illnesses. To learn more about the failing nursing home, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Somerset Place

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January 28, 2010

Federal Officials Finally Investigate Abuse at Chicago Nursing Home

Federal investigators are looking at a troubled home which appears to be guilty of Chicago nursing home abuse. Somerset Place is a Chicago nursing home in the area of Uptown that specializes in mentally ill adults and has a history of citations for patient safety violations. Between April 2008 and July 2009, Chicago police have investigated over 15 alleged assaults or batteries in Somerset Place. They have also investigated five reports of sexual assault. Additionally, A Chicago Reporter analysis of nursing home violations from 2005-2009 found that this Chicago nursing home has been fined $100,000 for three separate incidents during that period. Two years ago a Somerset Place nursing home resident was murdered less than a half a mile from the home. However, two years later the home has still not been investigated. It is time that nursing homes alert the police of the abuse that is occurring between residents. To learn more about the nursing home abuse, please click the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Nursing Home Abuse, Somerset Place

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January 26, 2010

More Illinois Nursing Homes are Swept for Residents with Warrants

Authorities swept two Chicago-area nursing homes for people with outstanding arrest warrants. The sweeps identified 20 residents with warrants ranging from domestic battery to assault. The raids were initiated by Attorney General Lisa Madigan who stated that Illinois is “working to keep Illinois nursing homes safe and not safe houses for fugitives.” Eight people were arrested on the warrants. The team searched the Rainbow Beach Care Center and the Kenwood Healthcare Center. They are both located on the South Side of Chicago. State records show that both facilities have large number of felons who create frequent police reports. Rainbow Beach had 18 felons out of a total of 193 residents and 17 reports of assaults or batteries. Kenwood has 95 felons living amongst 172 residents and has had 30 police reports of assaults or batteries. Madigan is upset that background check laws are not being complied with. She hopes that people will follow the legislation to avoid nursing home abuse. To learn more about the recent raids, check out the link.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Sex offenders and parolees in nursing homes

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The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.

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