Illinois Nursing Home Abuse Blog

A nursing home resident died today after the police have determined he was a victim of the most extreme nursing home abuse possible, that of murder. The nursing home murder tops all cases in Chicago, Illinois homes placing nursing home neglect and nursing home abuse cases into perspective. The improper nursing home treatment is a growing problem in the city as seniors and other vulnerable populations suffer from lack of supervision, inadequate nursing home staff and in this case extreme neglect and abuse to the highest degree. The deceased victim was a resident of All Faith Pavilion a nursing home which has received nursing home citations and nursing home fines from the state for its lack of adequate service and staff. To read more about this tragic nursing home murder click here.

An elderly man was beaten to death in a Chicago nursing home with a history of nursing home abuse and neglect. The man had only been at All Faith Pavilion, formerly William L. Dawson Nursing Home, for four or five days before the incident. The nursing home has been forced to pay at least $80,000 in fines since 2004 for violations with a “substantial probability that death or serious mental or physical harm [would] result” due to the nursing home’s neglect. The nursing home has been cited for at least two deaths linked to neglect.

For more information, click here:

The Seventh Circuit recently ruled that Alden Management Services, which operates seven nursing homes in or near Chicago, is required to back pay 119 foreign nurses. The decision was premised on the Immigration Nursing Relief Act of 1989, which allowed facilities to secure visas for foreign nurses. However, the Act requires the facility pay foreign nurses the same amount as registered nurses who are U.S. citizens. Alden violated this provision. The fear with underpaying nurses is that this will result in an equivalent drop in the standard of care. As a result, the court decided to require Alden to pay back the entire difference from since its first use of foreign nurses.

For the full decision, click here:

A Louisville nurse took nursing home neglect to a new extreme, stealing from an elderly patient in order to pay her own bills. The daughter of the nursing home victim realized something was wrong when she tried to pay her mother's bill only to see the check bounce. There is no word yet whether criminal charges have been filed againt the nursing home employee or whether the family will file suit against the careless nursing home who allowed its employee to exploit the victim.

For entire article, click here.

A woman claiming to have been jailed as retaliation for complaining about the care her mother was receiving at a nursing home has now sued both the home and the city. Maxine Veatch and her sister sued Bartels Retirement Community where their elderly mother has lived since 2004. She alleges false imprisonment and malicious prosecution against the city, but also nursing home neglect against the long term care facility. At issue in the nursing home negligence claim are medication errors and a lack of cleanliness. After raising their complaints with managers of the home, the sisters allege that the administrators of the nursing home put together a book with accusations against the sisters. The nursing has already been cited by the state for 11 violations since 2004 and last year those inspecting alleged a high rate of medication errors and staffing problems regarding nursing services. Veatch’s arrest stemmed from an incident at the home where her she states that her mother collapsed in her arms, causing Veatch to swing her into a nearby wheelchair. Staff at the nursing home reported that Veatch had shoved her mother into a wheelchair, and Veatch was issued a citation for assault and jailed for 23 hours, then barred from the nursing home for over a year, her sister barred for 8 months. While Veatch was acquitted of the assault charge, she was classified by the Department of Human Services in her state as an abuser, but she won an appeal where an administrative judge found that she had actually aided her mother.

Read more here.

A failure to supervise residents lead one man to wander off from an assisted living facility. The facility is charged with various counts of housing abuse and housing neglect, it primarily houses the mentally ill and those who have been committed by the state. In a wave of nursing home abuse cases and communal housing abuses many strive for new alternatives. A lack of nursing home staff and living facility caregivers who are underpaid and overworked often leads to severe consequences. The current shutdown is a result of the facility’s failure to supervise its residents and after investigations have started to look at possible criminal offenses committed in the facility. To read more about this article click here.

An assisted living facility crime occurred where a caregiver was charged with rape of a nursing home resident. In a case of nursing home abuse and nursing home rape the charges are taken very serious by police and investigators. Personal injuries and a miscarriage lead investigators to determine that a nursing home caregiver was responsible for the rape. Nursing home lawsuits and other legal options are being explored by the County where the nursing home crime occurred. To read this shocking story click here.

Romana Lamascola’s mother, Theresa Lamascola, suffered from dementia. When she became anxious and confused at the age of 88, she was placed an anti-psychotic drug Risperdal; when she began having trouble walking, she saw a doctor who diagnosed her with hypothyroidism, which can contribute to dementia, and she was placed in a nursing home. However, Ms. Lamascola’s health did not get better in the nursing home, rather it got worse, she began screaming, twitching, and drooling on herself. It was not the dementia, however, that caused these symptoms, it was the drugs prescribed to control agitation, combativeness, and outbursts associated with dementia patients. When Ms. Lamascola was taken off Risperdal, she began improving.

It is estimated that one-third of all nursing home patients have received antipsychotic medications. While antipsychotics are continually receiving bad publicity, use of them has actually increased. For example, in 2006 a study showed that using antipsychotic drugs on Alzheimer’s patients gave no significant improvement in treating aggression and delusions when compared to placebos for most patients. Yet, between 2000 and 2007 sales of newer antipsychotics rose from $4 billion to $13.1 billion.

Nursing homes have alternatives, such as using psychosocial components in treatment that allow residents to be mentally and physically stimulated, like exercise and playing with animals. Overusing drugs like Risperdol may be nursing home neglect. In finding a nursing home for a loved one that will be more likely to use alternative means of care rather than overusing antipsychotics, look for homes with low employee turnover, a high ratio of staff to patients, and programs that use psychosocial components. For a more in-depth discussion of the overuse of antipsychotic drugs click here.

A new movement is afoot to take nursing homes out of business. The movement toward “Green Houses” advocates smaller, homelike facilities with 10-12 residents as opposed to traditional nursing homes with 100-200 patients. Currently, 41 Green Houses are running in 10 states, but the movement seeks to expand that to all 50 states in an effort to correct the failing nursing home industry and the country’s 16,000 nursing homes. Green Houses continue to face problems largely related to the heavy start-up costs of such a facility. However, in a climate where only 1% of Americans over 50 want to move to a nursing home, a legislative push toward subsidies and increased revenue for Green Houses may be long overdue.

For the full article, click here:

A new nursing home movement has some advocates pushing for smaller and more communal nursing homes which are being called Green Nursing Homes. Currently nursing homes nationwide are stricken with reports of nursing home abuse and nursing home neglect but advocates for a change hope these problems can be alleviated with the creation of nursing home care in a smaller and closer knit facility. To read more on the potential nursing home reform that can come from this click here.

When 84-year-old John DeBias’ health began declining a few years ago, he was forced to abandon his condo in Florida and return to Carpentersville, Illinois, to live with his daughter. However, five months ago, John broke his leg and then suffered a heart attack during surgery and, as he continued to get worse, living with his daughter, Karen, a single working mother, became impossible since she simply did not have the time to devote to her ailing father and in-house health care was not enough. It was then that John was forced to move into a nursing home. Since January, John has lived in multiple Illinois nursing homes. He is finally in one that works for the family, but getting there was difficult. Most of the nursing homes put a good show on for the residents’ families, but care ends up being inadequate and seniors are left to fend for themselves more than they are able. A stint in one nursing home left John with weight loss of 13 pounds in two weeks, urinary tract and yeast infections, a shoulder injury from being pushed and pulled around, dehydration and malnutrition, and pressure sores.

Unfortunately, this is not a unique story for nursing home residents. In 2003, nation-wide state Long Term Care Ombudsmen programs collectively investigated 20,673 complaints against nursing homes and board and care residents. The Nursing Home Transparency and Improvement Act of 2008 is aimed at improving consumer knowledge about the quality of nursing homes. Some ways the Act is achieving that goal is by: (1) posting nursing home ownership details, a standard complaint form, and links to inspection reports on www.medicare.gov; (2) increasing the maximum fines from $10,000 to $100,000 for any nursing home deficiency that results in a death; and (3) independently auditing nursing home chains, allowing closer watching of chains that have failed to comply in the past. In addition, separate from the legislation, there will be a website by the end of the year that evaluates nursing homes on a five-star rating system.

Read more here.

Throughout the country, nursing home patients and others who give power of attorney to trusted friends and family members are finding the power is abused. The power of attorney is supposed to provide a safety net for senior citizens. However, the authority that comes from power of attorney is essentially unregulated, creating enormous potential for abuse. Statistics are lacking but experts believe senior citizens are losing millions every year as a result of the abuse of the power.

Usually, the power is given to trusted family members, friends, and respected professionals such as attorneys. Unfortunately, even children abuse the power by selling off assets for their own personal gain, failing to pay bills and expenses, and even mortgaging houses to live a high-rolling lifestyle. Often, these selfish decisions by power of attorney holders result in seniors declaring bankruptcy. These problems all stem from the enormous amount of unchecked power given to those with power of attorney.

For the full article, click here:

A recently passed Medicare and Medicare rule will require all nursing homes to be operating in safe conditions that require nursing homes to be outfitted with sprinkler systems. The use of a sprinkler system could alleviate serious personal injuries and a nursing home fire from breaking out. Nursing homes across the nation fall prey to older facilities where nursing home care suffers as facilities lack proper sprinkler systems and proper nursing home supervision and care needs. To learn about this change occurring in the right direction and to see how homes in Chicago, Illinois will one day benefit click here.

Many nursing homes require residents or their families to sign arbitration clauses, whereby they sign away their right to bring suit in court for any abuse or neglect by the nursing home. A Senate committee is currently investigating the issue and heard from the family of William Kurth on Wednesday. Kurth fractured his hip and leg and received numerous pressure ulcers while living out his final months in a nursing home. His family attempted to sue for negligence, but the case was dismissed on account of his wife having signed an arbitration clause when her husband was admitted. Arbitration clauses benefit nursing homes because of their speed, cost, and, most notably, their confidentiality. The problem, however, is that most families are not thinking about suing a home when they admit their family member or loved one into the nursing home. Kurth’s wife, for example, was distressed about her husband’s recent stroke and overall condition and was, herself, taking medication when she agreed to arbitration. The Kurth family attorney called that day one of the most stressful in her life, and states that she would not have signed those papers if she knew what she was giving up: the right to a trial by jury. Kurth’s children allege that their father got infections because excrement and urine were left on his bed sores without being cleaned for multiple days in a row. While there is mounting support for banning arbitration clauses for nursing homes, the issue is still hotly contested and far from decided.

Read more here.

Gold Stars have found their place outside of a child’s classroom. In fact gold stars will now be used to rank nursing home safety and nursing home care levels. The Nursing Home Compare Website will soon feature the rankings to allow Americans to determine which nursing homes are safe and which nursing homes have experienced nursing home neglect and nursing home abuse issues. Nursing home inspections over the past 3 years will be reviewed to determine the home’s ranking between a level of one star (the lowest) to five stars (the highest). To see more about this advance that will help nursing home choices become easier for individuals click here.

On Monday, the Food and Drug Administration announced new requirements for warnings on anti-psychotic drugs. The warnings now have to advise they the drugs increase the risk of death in elderly patients suffering from dementia. While ‘atypical’ anti-psychotic drugs have heeded a similar warning since 2005, since requirement is new for ‘conventional’ anti-psychotics like Haldol and Thorazine. In actuality, neither ‘atypical’ nor ‘conventional’ anti-psychotic drugs are approved for use with elderly dementia patients, but are prescribed to them anyway. This is allowed by the FDA, who gives doctors discretion in prescribing for ‘off label’ purposes. Two studies, one in 2005 and one in 2007 concluded that ‘conventional’ anti-psychotics were at least as dangerous as ‘atypicals’ in regard to higher risks of death in elderly patients. This issue may save lives in nursing homes, as ‘conventional’ anti-psychotics are often used to combat agitation or out-of-control behavior, and are likely used often in the nursing home situation, where residents may be chemically restrained. Experts have estimated that as many as one out of every four nursing home residents are taking anti-psychotic drugs. More strikingly, in 2007 an FDA whistle-blower alleged that such medications could be responsible for the deaths of 15,000 nursing home residents every year. Evaluating the new requirement may push to the forefront the issue of whether anti-psychotics are really needed in most nursing home patients who take them, or if they are simply being used to chemically restrain residents in understaffed homes. This change in requirements could lead to wrongful death lawsuits being filed on behalf of nursing home residents who die after being given the anti-psychotic medications.

Read more here.

Having to find a nursing home for a loved one may involve quick decision making, but that does not mean that some investigation is not necessary. A little research may go a long way in evaluating nursing homes. One key is to choose a nursing home close to your own home, so that frequent visits are possible. Second, you absolutely must tour the facility before making your family member a resident. On the tour, bad smells and staff who appear to be ignoring residents should be looked for. While these warning signs are easily seen, there are a few more subtle things to watch for. For example, if many residents are strapped into their wheelchairs, it could show inadequate staffing. It is mostly the small details that truly differentiate good nursing homes and bad ones, like whether residents’ fingernails are trimmed well or whether the female residents have their hair done. These tips can be key in choosing a nursing home, however, it is important to continue to watch after a loved one has begun living in the facility. A mindful family may be the best way to improve medical care for a nursing home resident as nursing home abuse and neglect may lead to problems such as: bed sores, falls, wandering and elopement, physical or chemical restraints, malnutrition, and medication errors.

Read more here.

Steven Levin of Levin & Perconti will present as part of a panel discussion on elder law and nursing home litigation issues at an event on June 19th at noon in the loop. The panel is hosted by the American Constitution Society for Law and Policy and will feature Professor Marguerite Angelari of Loyola University’s law school who directs their Elder Law Initiative, and Kathy Swanson, the supervising attorney of the Suburban Seniors and Ombudsmen projects for the Legal Assistance Foundation of Metropolitan Chicago, whom many of you know. Susan Feibus, a partner at Ungaretti & Harris, LLP will moderate the panel.
The event will be at Ungaretti & Harris, LLP, Three First National Plaza, 70 West Madison Street, downtown Chicago. Attendance is free and lunch is provided. Additionally, free CLE is available.

If you would like to attend, please visit the American Constitution Society’s website and RSVP: http://www.acslaw.org/chapters/lawyer/chicago/rsvp