Illinois Nursing Home Abuse Blog

The sister of a former nursing home patient has filed a nursing home abuse and neglect lawsuit against the nursing home and an imprisoned nurse it employed. The nursing home abuse and neglect lawsuit alleged that the nurse caused the patient to suffer needlessly by denying him his painkilling medication. The imprisoned nurse was indicted in 2006 on a theft charge alleging that she stole Hydrocodone painkilling tablets intended for the victim of nursing home abuse.

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In a recent investigation, California CBS reporters uncovered questionable quality of care and nursing home abuse in some residential facilities caring for disabled individuals. Many people with mental and physical disabilities cannot speak for themselves, so the state is supposed to be their watchdog. But, the investigation showed a large hole in regulations overseeing residential facilities.

The reporters found that there is a glaring hole in California’s regulatory structure. In 1985, temporary regulations were set forth requiring direct care staff in group homes to be trained as CNAs. Those regulations expired in 1989 and were supposed to be followed by permanent regulations. Sixteen years later, there are still no regulations.

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A Louisiana jury recently awarded the family of a 84 year-old man $1 million in damages stemming from a nursing home abuse and neglect lawsuit . Shortly after entering his nursing home, the 84 year-old had to be taken to a hospital because of infected pressure sores, weight loss, malnutrition, and dehydration. The 84 year-old died six days later from the infected pressure sore, one of which was so advanced that it went to the bone.

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A California nursing home is defending its quality of care after a class-action nursing home abuse lawsuit was filed against the nursing home’s parent company earlier this month. The nursing home officials state that they strive to provide top-level care and call the class-action nursing home abuse lawsuit “misleading.” The lawsuit was filed on behalf of anyone treated in one of the company facilities between November 2003 and this month. The lawyer representing the plaintiffs states that the facility does not provide excellent care because it fails to provide correct medications and physician supervision.

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An Illinois nursing home abuse lawsuit was recently filed by nursing home abuse lawyers Levin & Perconti alleging negligent care in the treatment of a 71 year-old man. The 71 year-old was admitted to an Illinois nursing home in June 2005 following a stroke and remained a resident for twelve months. During his stay, the 71 year-old developed many painful bedsores on the lower part of his back. Also while under the care of the nursing home, the 71 year-old lost 43 pounds.

Attorney Jeffrey Martin of Levin & Perconti represents the family of the 71 year-old victim. Martin stated that a change in the type and dosage amounts of medication to treat the victim’s depression caused the extreme weight loss.

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One of the most serious issues pressing the nursing home industry today is staffing. Understaffing and high turnover rates often result in a poor quality of care, leading to nursing home abuse and neglect. Often times, turnover rate at a nursing home exceeds 100 percent each year. While nursing homes are working to lower turnover rate, understaffing is an issue that will only increase as the number of individuals residing in nursing homes increases.

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As part of KTEN’s series on nursing homes, the station examined the rise of residents in nursing homes. Millions of people are in nursing homes around the country and many people are predicting a sharp increase in that number as the baby boomers continue to age. However, with nursing homes already being short-staffed, many are concerned that nursing home abuse and neglect will rise tremendously with the increase of residents.

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A 84 year-old resident is suing an Eastern Kentucky nursing home stating that it kicked him out of the facility in violation of state law. The 84 year-old man was discharged from the facility in August when the facility sent him to the hospital for two days then refused to allow his return. The nursing home abuse and neglect lawsuit filed also accuses officials of failing to take the appropriate enforcement action against the facility.

This lawsuit may be a sign of larger problems. An ombudsman for nursing home residents recently stated that she is working with a growing number of residents whose nursing homes refuse to re-admit them after a hospital stay.

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An Oklahoma news station KTen.com recently ran a series exploring nursing homes. In the first part to its series, the station explored patients’ rights in nursing homes. It found that in addition to fundamental rights as U.S. citizens, residents entering nursing homes enjoy expanded rights.
Nursing home residents have a right to be treated with dignity and respect as well as the right to privacy. When those rights are violated, residents can enforce their rights through nursing home abuse lawsuits or complaints to government officials or omsbudsmen.

To see the entire first part of the series.

Nine years have passed with a nursing home employee union trying to get a contract at the Ruby Weston Manor in East New York. Now, the nursing home union has had it: if there is not contract by November 27, they have authorized a strike. A member of the union, stated that “We take care of the [nursing home] residents. [The nursing home] should take better care of us.” Last December, then-Attorney General Eliot Spitzer filed suit against the CEO of Ruby Weston Manor, seeking her removal as CEO of the two taxpayer-supported nursing homes for the poor. The nursing home abuse lawsuit filed by the Attorney General charged that the CEO had enriched herself and relatives with millions of dollars in self-approved salaries and benefits. Additionally, the lawsuit alleged that the CEO circumvented state not-for-profit laws and had nursing home neglect at the two facilities.

Again, we see CEOs of nursing homes getting rich while the employees and residents suffer. If a nursing home cannot afford caring employees, nursing home residents will undoubtedly endure nursing home abuse and neglect.

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Lisa Nerenberg, who has been involved in the field of elder abuse prevention since 1983, publishes a blog with posts concerning financial exploitation, identity theft, cognitive impairment and undue influence, care giving issues and cultural and gender issues. A recent post, "Geriatricians, Angry and Otherwise," is a provocative commentary which highlights useful and interesting readings. The readings cover a wide range of topics, including, "the social and economic factors that contribute to elder abuse, including ageism in healthcare, inadequate pensions, and poverty," and a surgeon's description of the field of geriatrics. In addition, Nerenberg includes interesting references to global trends in elder abuse.

Click here to read Lisa Nerenberg's blog

Nine years have passed with a nursing home employee union trying to get a contract at the Ruby Weston Manor in East New York. Now, the nursing home union has had it: if there is not contract by November 27, they have authorized a strike. A member of the union, stated that “We take care of the [nursing home] residents. [The nursing home] should take better care of us.” Last December, then-Attorney General Eliot Spitzer filed suit against the CEO of Ruby Weston Manor, seeking her removal as CEO of the two taxpayer-supported nursing homes for the poor. The nursing home abuse lawsuit filed by the Attorney General charged that the CEO had enriched herself and relatives with millions of dollars in self-approved salaries and benefits. Additionally, the lawsuit alleged that the CEO circumvented state not-for-profit laws and had nursing home neglect at the two facilities.

Again, we see CEOs of nursing homes getting rich while the employees and residents suffer. If a nursing home cannot afford caring employees, nursing home residents will undoubtedly endure nursing home abuse and neglect.

For the full article.

A $1 million verdict was reached recently on behalf of the family of an 84-year-old man who died of infected pressure sores as a result of nursing home abuse and neglect. The man, who had lived at his daughter's home without complications up until his stay at the nursing home, developed stage IV pressure ulcers, weight loss, dehydration and malnutrition after only 26 days at the facility. The man was admitted to the hospital and died 6 days later as a result of those symptoms including a pressure sore so infected that it went to the bone and was infected with his own feces. The plaintiff was awarded $250,000 in survival damages, $500,000 in wrongful death damages, and an additional $250,000 for the nursing home's medical malpractice and neglect.

The family of a deceased Chicago nursing home resident has filed a wrongful death lawsuit against Villa Scalabrini Nursing and Rehabilitation Center for failing to provide care. The man was first admitted to the nursing home after a stroke. Over the next year, the man lost 43 pounds and developed multiple pressure ulcers over the lower part of his body.

Also named in the nursing home neglect lawsuit is Westlake Community Hospital in Melrose Park for its failure to ensure that hospital staff made sure that the man received the nutrition and water he needed. Westlake Community Hospital, as well as the Villa Scalabrini nursing home, is a part of the Resurrection Health Care system, which is named in this suit. The family has hired the law firm Levin & Perconti to handle their case.

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Financial abuse is commonly targeted at senior citizens. Seminars are one way the elderly can be convinced that they need financial products they do not. Estate planning is one example of an avenue used to dupe elderly attendees. Whether senior centers that hold these sales presentations can be held responsible has been questioned in California. There, facilities that allow financial elder abuse to occur can fall in the sphere of responsibility. A senior center could be named co-defendant in a financial lawsuit. A class action lawsuit filed by California Advocates for Nursing Home Reform & the Institute on Aging claims that some companies acquired information about seniors' finances through seminars and sent agents to their homes to sell financial products. It is now being questioned whether facilities that housed those seminars could also be implicated. Some senior centers in California have been warned to screen presenters in order to prevent being held responsible for financial elder abuse and exploitation.

In a recent study, the New York Times examined data to compare nursing homes purchased by private investment groups against the national average. The nursing home industry has suffered in the past, but revenues have begun to climb as large investors are taking over. Prominent private equity firms, such as the Carlyle Group and Warburg Pincus, have been invading the industry by acquiring nursing homes and reducing costs to increase profits. The study has revealed that, based on different regulatory benchmarks, patients at nursing homes acquired by these firms are worse off than they were under their previous owners.

The private investors increase profits by cutting costs, leading to reductions in staff. 60% of the new investor-owned facilities have cut the number of clinical registered nurses from 2000 to 2006. Understaffing is one of the largest contributors to the epidemic of nursing home abuse and neglect. Other indicators of quality-of-care have shown decline since the firms have been cutting costs. Some examples of these deficiencies include moldy food, placing residents under restraints for long periods of time, or administration of incorrect medications; these, among others, have risen at every large nursing home chain after it was acquired by one of these large firms. Other common problems that have arisen in homes since acquisition include depression and loss of mobility in patients, and their loss of ability to dress and bathe themselves. Consequently, the typical investment-owned chain has become 41% more profitable than the average facility.

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Reports of nursing home abuse and neglect in a Libertyville, Illinois facility have led to investigations by the Illinois Department of Public Health and local police. These investigations revealed that the staff at Winchester House, a Lake County facility, knew that a frequent visitor was abusing an 82-year-old woman in the Dementia Ward but allowed continued visits. The nursing home staff also neglected to alert their superiors or the woman's family of the abuse. The man pleaded guilty to aggravated criminal sexual abuse.

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Florida State representative Stephen Wise has repeatedly voted for medical malpractice and nursing home reform. In 2004 he issued this quote: "The Legislature must not allow nursing homes to be put out of business because of lack of insurance and the possibility of law actions that have no merit.” Last week, a wrongful death lawsuit was filed by the wife of Stephen Wise. The lawsuit alleges that the West Jacksonville Health and Rehabilitation Center neglected the elderly Glenn Beeman, which resulted in personal injury and the wrongful death of the Florida Senator’s father-in-law. Over the course of three months, Glenn Beeman suffered a severe case of diarrhea and periods of dehydration. At a press conference, one of Glenn Beeman’s daughters stated, “They wouldn't listen to me when my father became very ill. No one listened to me and they absolutely knew it.” Ironically, Senator Wise's family is now in need of the very civil justice system he has repeatedly spoken out against. This is an example of how even those who support tort reform can quickly change their minds when someone they love is injured or killed by another's negligence.

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