July 10, 2011

What The Illinois Nursing Home Care Act Means for You and Your Loved Ones’ Rights

The Illinois Nursing Home Care Act protects the rights of residents in long term care facilities relating to privacy, freedom from neglect and abuse, and self-determination. Under the Act, a long term care facility is any place that provides personal care, sheltered care or nursing for three or more persons not related to the facility owner by blood or marriage. These facilities are required to comply with the Act and are responsible for preventing nursing home resident abuse and neglect.

Some of the major residents’ rights protected under the Act include:

• The right to wear your own clothing and have a safe, secure storage place for your personal property
• The right to privacy of your bedroom space, including not sharing a room with someone of the opposite sex unless the person is your spouse
• The right to choose your own doctor and make decisions about your medical care
• The right to be free from restraint or confinement without consent
• The right to communicate through phone and mail and receive visitors
• The right to manage your own financial affairs
• The right to be free from abuse and neglect
• The right to discharge or transfer to a different facility at your request
• All of your rights as a U.S. citizen, including freedom of speech, religion, and the right to vote

The Illinois Department of Public Health (“IDPH”) enforces the Act throughout Illinois. If a facility has violated any of your protected rights, your options include 1) filing a complaint with the Long-Term Care Ombudsman; 2) filing a complaint with the IDPH; or 3) consulting an Illinois nursing home abuse attorney about filing a private lawsuit. The Long-Term Care Ombudsman is required to investigate your complaint and can ask the facility to voluntarily comply with the Act’s requirements. If the facility fails to address the violation, the IDPH can investigate and impose fines and other penalties for any violation it finds, up to and including revoking the facility’s license to operate.

In addition to submitting a complaint to the Ombudsman or IDPH, you can also pursue a private nursing home lawsuit. The Chicago nursing home abuse attorneys at Levin & Perconti have handled hundreds of complex nursing home cases involving injuries arising out of Illinois Nursing Home Care Act violations. These cases include securing a record $2.9 million jury verdict against a suburban Homewood nursing home for the family of a deceased resident who suffocated due to the home’s negligent care of her tracheostomy tube.

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Posted In: Illinois Nursing Homes, Knowing your rights, Nursing Home Abuse, Nursing Home Abuse, Nursing Home Care Act (NHCA), Nursing Home Negligence

January 28, 2011

Operation Guard Strikes Again—Enforcing Illinois Nursing Home Laws

WQAD News reported today on the latest surprise Illinois nursing home inspections conducted as part of Operation Guardian. The project, spearheaded by the Attorney General’s Office, is aimed at conducting unannounced visits at these facilities to ensure the safety of nursing home residents and compliance with state and federal laws.

The visits have gained attention both for the poor conditions found at some facilities and the wanted criminals arrested. In every single one of the inspections to date, nursing homes have been found to violate Illinois nursing home law in permitted residents with outstanding arrest warrants to live in the facilities. This conduct puts all residents’ safety at risk. The latest inspections at two northern Illinois facilities—East Moline Nursing and Rehab and East Moline and Galesburg Terrace—led to one arrest, this time of a nursing home employee.

While Operation Guardian seeks to root out some potential dangerous residents, the vast majority of potentially harmful nursing home residents will remain hidden. That is why it is imperative for nursing homes to conduct their own screening protocols to keep out particularly dangerous individuals. On top of that, these facilities need to provide careful monitoring of all complaints from one resident against another.

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Posted In: Nursing Home Care Act (NHCA)

January 25, 2011

Levin & Perconti Attorneys Interviewed For Perspective on Nursing Home Liability Case

We have previously discussed the efforts being fought to limit damage awards possible in nursing home liability lawsuits. Another development on that front will come when the Illinois Supreme Court decides the case of Thomas Vincent v. Alden-Park Strathmoor, Inc. – determining whether punitive damages are available for suits filed under the state’s Nursing Home Care Act. As explained in the Chicago Daily Law Bulletin, the law allows survivors of victims of willful and wanton nursing home conduct to sue the facilities for the death of their loved one.

Specifically at issues is whether the responsible nursing home can be charged punitive damages for its egregious conduct. Those damages are levied as a form of punishment and deterrence against the offender. Two of our attorneys, Founder Steven Levin & associate Michael F. Bonamarte IV, filed an amicus brief on behalf of the Illinois Trial Lawyers Association in support of the Plaintiffs in this case. Our position was clear that the Act allowed the jury the option of awarding punitive damage if they deemed it necessary after hearing all of the evidence in the case.

Steven Levin explained that the punitive damage possibility is “a crucial safety rule and it’s an important principle that our most vulnerable citizens need.”

The perverse effect of disallowing the damages would make it cheaper for the nursing home if the resident dies from their poor care instead of being injured.

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Posted In: Nursing Home Care Act (NHCA)

July 21, 2010

Nursing Home Operator Charged With Elderly Neglect

Another unfortunate example of elder abuse announced yesterday in Florida highlights the constant need to provide close scrutiny of all facilities providing care to our vulnerable seniors.

ABC Action News reported on the arrest of the Juanita Jackson Wright an assisted facility operator. Ms. Wright operated five nursing home which were supposed to provide critical care to elderly residents in the area. However, the state task force charged with rooting out illegal and negligent Medicare and Medicaid conduct discovered the three of those facilities were not even licensed by the state.

Of course, states require these facilities to maintain a proper license in order to ensure that the facility is abiding by all of the legal requirements enacted to ensure proper care of the residents at the home, including adequate staffing levels, appropriate emergency training, physical safeguards at the facility, and many other requirements.

Besides not obtaining licenses, Ms. Wright’s nursing homes had already been condemned by state officials. Investigators had discovered so many errors and dangerous conditions at the facility that they determined the homes to be unfit for habitation.

Our Chicago nursing home lawyers at Levin & Perconti are experienced in holding nursing homes accountable. We have fought time and again for residents who have been injured and neglected in homes failing to abide by state and federal law. For example, we successfully negotiated a $1.5 million settlement with a nursing home that had violated that Nursing Home Care Reform Act. The legal and technical requirements created to monitor these facilities can be dense and confusing. That is exactly why you should seek out experts who have years of experience understanding these laws and fighting for the victims when they have been ignored. If you suspect any questionable behavior at a nursing home nearby, please don’t wait until it is too late. Contact a nursing home attorney immediately.

Follow the link to read more about this latest example of nursing home neglect.

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Posted In: Nursing Home Care Act (NHCA)

June 1, 2010

Nursing Home Abuse and Neglect: The Problem with Pressure Sores

Pressure-related injuries are a common problem in elderly residents living in nursing homes, due to the fact that many nursing home residents are immobile or have limited mobility. Oftentimes, these residents cannot turn themselves on a regular basis or reposition themselves easily. When a person stays in one position for a signficant period of time, the constant pressure cuts off circulation and this causes tissue to die. The most common areas that pressure sores form are on a person's elbows, sacrum, hips, ankles and heels. According to a Center for Disease Control study that surveyed over 1500 nursing homes in 2004, with the findings released in 2009, over eleven percent of all nursing home residents suffered from a pressure sore of some stage.

It is easier to prevent a pressure sore than to treat one that has already formed. Therefore, it is crucial for nursing home staff to employ measures to prevent residents from forming sores in the first place. When a nursing home resident is admitted to a facility, they are assessed to determine their risk for bed sores. If a resident is deemed to be at high-risk for developing pressure sores, nursing home staff members must develop a plan to address this risk and implement the plan accordingly in order to prevent sores.

If a resident is at-risk, a nursing home should perform daily skin-checks to monitor the resident's skin integrity to determine whether the resident's skin is intact. A nursing home may also use devices, such as pressure-relieving pads and mattresses, to reduce pressure to bony prominences. In addition to devices, nursing home staff must turn and reposition at-risk residents every few hours and ensure that their skin is clean and dry. Moisture and unsanitary conditions increase the chances of developing sores, so it is important for staff to clean residents thoroughly after bladder or bowel movements and make sure the area is completely dry. Residents must also stay well-nourished and hydrated. Malnutrition heightens the risk for pressure ulcers and slows the healing process.

Although nursing home staff members should be well-trained to address a resident's risk, residents often fall victim to pressure sores. If not identified and treated in a timely manner, pressure sores can worsen and become infected. In many instances, residents die of complications when their blood becomes infected as a result of a pressure sore. If a nursing home takes all the proper steps to prevent and treat pressure sores and one still forms, it may have been unavoidable. However, sometimes nursing home staff members and physicians fail to follow the standard of care for treating at-risk residents. When a resident suffers injury or death as a result of a nursing home negligence, the facility may be held liable for its actions.

Illinois nursing home residents who have suffered serious pressure sores and related injury or death in facilities throughout the state may be entitled to seek compensation for their suffering. If you have a loved one living in an Illinois nursing home who has developed pressure ulcers, it is important to first seek medical treatment of the wounds. If you believe that the injuries are a result of neglect, contact a nursing home lawyer to discuss your potential claim. Our experienced team is happy to evaluate your claim and advise you on your legal options.

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Posted In: Nursing Home Abuse, Nursing Home Care Act (NHCA), Pressure Ulcers

July 2, 2009

NCCNHR Examines the Role of Nurses in Nursing Home “Culture Change”

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.

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Posted In: Government Reports, Nursing Home Care Act (NHCA), Useful publications

August 1, 2008

Chicago Nursing Home Resident Beatent to Death in South Side Nursing Home

A Chicago man was found beaten to death in the South Side nursing home All Faith Pavilion. The Cook County medical examiner's office determined that the Alzheimer's patient was beaten to death in the nursing home. All Faith Pavilion has a history of Illinois Department of Health Violations for nursing home abuse and nursing home neglect, having paid upwards of $80,000 in fines since 2004. The home's record of elder abuse includes two prior deaths. According to police information, the man's death was ruled a homicide.

See video coverage here.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Incidents, Nursing Home Abuse, Nursing Home Care Act (NHCA)

December 6, 2007

$532,000 Settlement For The Family Of A Nursing Home Resident Who Died As A Result Of A Fall

Steve Levin and Michael Bonamarte of the law firm of Levin & Perconti recently settled a nursing home lawsuit for $532,000.000 on behalf of the family of an 83 year old nursing home resident who died from injuries she sustained during a fall.

The resident, who had lived at the Woodbridge Pavilion Nursing Home for approximately 3 years, had fallen several times at home. The Defendant nursing home knew she was a risk for falls. Despite this knowledge the Defendant nursing home failed to ensure that the resident was appropriately monitored and supervised.

As a result of the negligence of the Defendant nursing home and the failure on the part of the staff the resident wandered through an exit door and fell down a flight of stairs. The fall resulted in a bleed in her brain which caused her death a week later.

The nursing home was cited by the Illinois Department of Public Health for violations of the Illinois Administrative Code and OBRA regulations.

Click here for the press release

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Posted In: Chicago Nursing Homes, Failure to supervise, Nursing Home Care Act (NHCA), Verdicts and Settlements

October 30, 2007

Alden care cited in another failure to maintain patient's health and safety

Steven M. Levin of Chicago law firm Levin & Perconti has filed another lawsuit against an Alden care center, Alden Long Grove Rehabilitation & Health Care Center, alleging that Alden failed to obey the Nursing Home Care Act and that the negligence of the staff at the facility resulted in the plaintiff's wrongful death. The family of the patient, a man who experienced severe weight loss at the facility, had taken action in alerting Alden staff and filing a complaint with the Illinois Department of Public Health (IDPH). The IDPH investigation detected an inadequacy; the facility failed to implement a plan of care for the man's rapid weight loss. The patient lost an astounding 23 pounds between May and July of 2006.

In 2007, Alden Long Grove has been investigated 7 times by the IDPH. Alden care centers all over the Chicago-land area have been investigated 40 times. Levin & Perconti has filed numerous nursing home abuse and neglect lawsuits against multiple Alden care centers around Illinois.


Click here for the full article

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Posted In: Illinois Nursing Homes, Residents and Family Members, Alden Nursing Home Abuse and Neglect, Chicago Nursing Homes, Incidents, Knowing your rights, Nursing Home Abuse, Nursing Home Care Act (NHCA)

July 24, 2007

Beware: nursing home agreements can contain hidden dangers

It is important for families of nursing home residents to be aware of an important issue: signing nursing home agreements can wind up ultimately costing you large sums of money. The Elder Law Minute brings to discussion the fact that unfortunately, many nursing home admittances occur after a rushed discharge from a hospital, resulting in family members being forced to hurriedly sign mounds of paperwork. In some instances, family members signing papers as the "responsible party" guarantees that the resident's fees must be paid in full- if not from the resident, then from the responsible party. In the Nursing Home Care Act, a nursing home that participates in the Medicare or Medicaid program must not require a third party to guarantee payment. This is why it is important to make sure that paperwork is reviewed by an elder law attorney.

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Posted In: Illinois Nursing Homes, Residents and Family Members, Elder Law Attorneys, National Nursing Homes, Family Councils, Knowing your rights, Legislation, Medicaid and Medicare Fraud, National Nursing Home News, Nursing Home Care Act (NHCA), Selecting a home

June 4, 2007

Chicago area nursing home fined by state after patient’s death

In a case of nursing home abuse and neglect, the Illinois Department of Public Health fined the Claremont Rehab and Living Center $20,000 for an incident that caused a 78 year-old patient’s death. The patient’s legs were amputated below the knee and was at high risk for falls. The DPH’s investigation led the agency to believe that the man’s fall and consequential death was as a result of the nursing home’s failure to supervise him. The fall caused a brain injury, which ultimately brought about the man’s death. The fine issued was for the most serious of violations of the Nursing Home Care Act, and was the third investigation made by the state for negligence leading to hospital or emergency room visits. In addition to the fine, the man’s family is being represented by Levin & Perconti in a personal injury lawsuit against the nursing home.

Click here for the full article

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Posted In: Illinois Nursing Homes, National Nursing Homes, Abuse, Bad nursing homes, Chicago Nursing Homes, Incidents, Nursing Home Abuse, Nursing Home Care Act (NHCA)

May 24, 2007

$925,000 Settlement for Family of 86-year-old Victim of Nursing Home Neglect

Steven M. Levin and Michael F. Bonamarte, IV of Levin & Perconti recently settled a Chicago nursing home abuse and neglect lawsuit for $925,000 against Manorcare at South Holland Nursing Home. An 86-year-old woman was so badly neglected that she developed severely infected pressure sores, and suffered malnutrition and dehydration during her three month stay at Manorcare. Despite regular complaints by family members, this visible neglect ultimately contributed to her death.

Her son stated, "Manorcare promised to provide the best care possible for my mother. My mom wanted nothing more than to regain her strength and independence so that she could return to her own home. She suffered needlessly because Manorcare did not keep their promise."

Manorcare’s staff failed to follow the orders of the woman’s doctor regarding her diet, causing her to become severly malnourished. Additionally, the staff neglected to reposition her and check her skin for any breakdown, triggering the development of severe pressure ulcers. The pressure sores caused a bone infection, as well as an infection in her blood (sepsis). After three months, the woman died from complications directly related to these injuries.

As noted by Michael Bonamarte, “These are exactly the type of injuries that the Nursing Home Care Act was intended to prevent.” Manorcare at South Holland Nursing Home is one of the many Chicago-area homes listed on the Centers for Medicare & Medicaid’s Illinois Nursing Home Watch List.

Click here to read the press release
Click here to read the Chicago Tribune article

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Posted In: Illinois Nursing Homes, National Nursing Homes, Abuse, Chicago Nursing Homes, Incidents, Manorcare Abuse and Neglect, National Nursing Home News, Nursing Home Abuse, Nursing Home Care Act (NHCA), Pressure Ulcers, Verdicts and Settlements

April 27, 2007

Nursing home abuse lawsuit filed against Illinois nursing home

Steven M. Levin of Levin & Perconti and John P. Nicoara of Nicoara & Steagall recently filed a nursing home neglect lawsuit against an East Peoria nursing home on behalf of a resident who died earlier this month from head trauma sustained while under their care. The complaint alleges that while under the care of the nursing home, the resident fell and sustained serious head injury and a general decline in her health that led to her death.

Continue reading "Nursing home abuse lawsuit filed against Illinois nursing home" »

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Posted In: Illinois Nursing Homes, Residents and Family Members, Elder Law Attorneys, Bad nursing homes, Incidents, Nursing Home Abuse, Nursing Home Care Act (NHCA)

November 14, 2006

3 Chicago nursing homes cited for nursing home abuse

Three Chicago nursing homes were recently cited for type “A” violations of the Nursing Home Care Act by the Illinois Department of Health. One home has been fined $27,500 for its nursing home abuse and neglect in failing to ensure a resident who had a history of suicidal attempts did not possess a massive quantity of medications. The resident ingested pills and overdosed on narcotics. The resident was taken to a hospital where he died. The second nursing home has been fined $17,500 for failure to follow policy and procedure in monitoring blood sugar levels. The staff failed to report seriously abnormal blood sugar levels to a resident’s doctor, resulting in the resident being hospitalized. The third nursing home has been fined $60,000 for failing to comply with its plan of correction. Nursing staff failed to monitor and document changes in the conditions of two residents and failed to notify their doctors. As a result, two residents were hospitalized and one later died.

For the full release of violations cited.

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Posted In: Illinois Nursing Homes, Residents and Family Members, Bad nursing homes, Chicago Nursing Homes, Incidents, Nursing Home Abuse, Nursing Home Care Act (NHCA)

November 11, 2006

Peoria nursing home fined $25,000 for nursing home neglect

A Peoria nursing home was recently cited for a Type “A” violation of the Nursing Home Care Act and fined $25,000 for its nursing home neglect. A resident was admitted with a stage one pressure sore. Under the Peoria nursing home’s watch, the pressure sore progressed to stage four. The resident was admitted to the hospital and died.

For the full release of violations cited.

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Posted In: Illinois Nursing Homes, Residents and Family Members, Bad nursing homes, Incidents, Nursing Home Abuse, Nursing Home Care Act (NHCA), Pressure Ulcers

November 10, 2006

2 Rockford nursing homes cited for Type “A” violations

The Illinois Department of Health recently released information about two Rockford nursing homes that were cited for type “A” violations of the Nursing Home Care Act. An “A” violation is the most serious licensure violation imposed by the state and pertains to a condition in which there is a substantial probability that death or serious mental or physical harm will result. One home was fined $6,000 for its nursing home abuse and neglect in failing to supervise a newly admitted resident who had a history of wandering. The resident was later found in the facility parking lot. The second home was fined $20,000 for failure to ensure that residents are free of medication errors. Two residents were given the wrong medication.

For the full release of violations cited.

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Posted In: Illinois Nursing Homes, Residents and Family Members, Bad nursing homes, Incidents, Nursing Home Abuse, Nursing Home Care Act (NHCA)

October 25, 2006

Energy nursing home fails to provide adequate supervision of a resident

The Illinois Department of Health recently released information about an Energy nursing home that was cited for a type “A” violation of the Nursing Home Care Act. An “A” violation is the most serious licensure violation imposed by the state and pertains to a condition in which there is a substantial probability that death or serious mental or physical harm will result. The Energy facility has been fined $5,000 for its nursing home abuse and neglect. The nursing home failed to supervise a resident who left the facility without the staff knowing. The resident was later found by police asleep, lying face down in the grass outside a house nearby the facility in 55-degree weather.

For the full release of violations cited.

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Posted In: Illinois Nursing Homes, Incidents, Nursing Home Abuse, Nursing Home Care Act (NHCA)

October 25, 2006

3 Chicago nursing homes cited for type “A” violations

Three Chicago nursing homes were recently cited for type “A” violations of the Nursing Home Care Act. The Chicago facilities have been fined a combined total of $35,000 for the nursing home abuse and neglect that occurred. Two of the facilities were cited for failing to ensure a safe environment for the residents. The third failed to monitor and provide supervision for a resident who displayed aggressive and harmful behavior toward staff and residents. The resident attacked and severely injured another resident, resulting in multiple fractures and impaired vision.

For the full release of violations cited.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Incidents, Nursing Home Abuse, Nursing Home Care Act (NHCA)

October 25, 2006

Hazel Crest nursing home fined for vengefully neglecting its resident

A Hazel Crest nursing home was cited for type “A” violations of the Nursing Home Care Act and fined $20,000 for its nursing home abuse and neglect. It neglected a resident for approximately 14 hours because the resident had demonstrated animosity toward staff members. The resident was found behind a barricaded room door, dead on the floor.

For the full release of violations cited.

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Posted In: Illinois Nursing Homes, Bad nursing homes, Care Centers Nursing Home Abuse & Neglect, Incidents, Nursing Home Abuse, Nursing Home Care Act (NHCA)

October 25, 2006

Naperville nursing home fined for failing to supervise its resident

A Naperville nursing home was recently cited for a type “A” violation of the Nursing Home Care Act. An “A” violation is the most serious licensure violation imposed by the state and pertains to a condition in which there is a substantial probability that death or serious mental or physical harm will result. The Naperville facility has been fined $5,000 for its nursing home neglect. The facility failed to supervise a resident. Because of its neglect, the nursing home resident was able to leave the facility without the knowledge of staff and was found in the parking lot at 4:30 a.m. by pharmacy staff.

For the full release of violations cited.

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Posted In: Illinois Nursing Homes, Bad nursing homes, Incidents, Nursing Home Abuse, Nursing Home Care Act (NHCA), Useful publications

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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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