Illinois Nursing Home Abuse Blog

Levin & Perconti settled a nursing home abuse and neglect case for $3 million this month. A 65 year old woman was the victim of nursing home abuse and neglect at Renaissance Hillside in Hillside, IL. The woman developed 4 large pressure sore affecting her back, foot, heel and ankle when the employees of the home failed to monitor, assess and treat her bed sores. Bed sores like these develop when blood supply to the skin is cut off for long periods by pressure and movement.

The woman was admitted to the home for rehabilitation after a stroke. She trusted the home to provide the things she could not give herself after the stroke: nutrition, hydration and movement needed to prevent the development of pressure sores. The chronic understaffing and lack of care subsequently led to the development of pressure sores on parts of her body unaffected by the stroke she suffered and the reason for admittance to the home.

In depositions, the employees of the home admitted they were understaffed and unable to properly turn and reposition the woman to prevent the development of sores. Further, nurses at the home admitted to administering medicine to the woman that was not prescribed by a doctor.

The judge granted leave to plead a willful and wanton count and include a prayer punitive damages. However, no punitive damages were paid towards the settlement.

To see the press release.

To combat staffing insufficiencies and ensure that family members of nursing home residents are aware of the staffing at homes, new regulations have been published in the Oct. 28th Federal Register.

Facilities are required to post - at the beginning of each shift and "in a prominent place readily accessible to residents and visitors":
•Actual hours worked (as opposed to scheduled to be worked) by direct care workers by category - RN, LPN/LVN, and CAN
•Resident census

To download the regulations and CMS's explanation of them, go to: http://www.gpoaccess.gov/fr/.
Click on "Browse" and then "Back Issue." The regulations are under the Centers for Medicare and Medicaid Services.

Widespread publicity over sex offenders in nursing homes has prompted the village of Frankfurt to propose an ordinance that would impose the following:
•Ban treatment of registered sex offenders or anyone with mental illness, drug or alcohol abuse at nursing homes within the village
•Prohibit any nursing home resident from leaving a facility without an escort.
•Licensing and inspection by the village, in addition to state regulation
•Mandate security cameras and alarms on each entrance and exit door

A $1.25 million settlement was also reached in a case brought by the United States Attorney and the State of Missouri against American Healthcare Management (AHM) and three nursing facilities managed by AHM. The United States contended that numerous residents in the three nursing homes suffered from dehydration and malnutrition, went for extended periods of time without being cleaned, and developed preventable pressure sores. The suit also alleged insufficient nurse staffing and that violations of the False Claims Act by billing for a level of care that was not provided. This was the first settlement of its kind in the Eastern District of Missouri.

Over half of the nation’s 16,000 nursing homes violate federal fire safety regulations, and nationwide, 2,300 nursing home fires are reported per year. In March 2003, in Nashville, 15 patients died at a nursing home with no sprinklers and no smoke alarms in patients' rooms. A table listing percentage by state of the nation’s nursing homes that are fully sprinklered can be viewed by accessing the full link below:

http://www.usatoday.com/news/nation/2005-10-06-nursing-homes-cover_x.htm