February 13, 2010

Studies Show that Too Many Elderly Patients with Dementia Get Feeding Tubes

Studies show that larger hospitals and for profit nursing homes are more likely to use feeding tubes in patients with advanced dementia. This contradicts with the evidence that feeding tubes does not prolong life nor do they help with bed sores and other problems. Research shows that most people and family members of people with dementia would rather die than receive a feeding tube. However, according to research, one-third of nursing home residents with advanced dementia have feeding tubes. Two-thirds of these tubes were inserted during an acute-care hospitalization. On average, feeding tubes were placed in 7.9 per 100 patients. Nursing homes have added incentives to send patients to hospitals because someone else will pay for their developing problems. These problems include bed sores and low caloric intake. Families and patients should consider all the options before allowing a feeding tube.

The Chicago nursing home lawyers of Levin & Perconti have seen the problems that feeding tubes can create. In January of this year, Steven Levin and Margaret Battersby filed a nursing home negligence lawsuit against the Renaissance at 87th. This nursing home had failed to properly care for a woman’s gastic feeding tubes. Complications were so severe that the woman died one day after being transferred to the hospital. Attorney Levin noted that this was once again an example of a nursing home putting profits before patient care. If you or a loved one has had difficulties with a nursing home and feeding tubes, please consult a Chicago lawyer. To read more about the feeding tube study, please click the link.

January 14, 2010

Chicago Lawyers Levin & Perconti File Nursing Home Negligence Lawsuit against The Renaissance at 87th

Chicago nursing home abuse attorneys Steven Levin and Margaret Battersby of Levin & Perconti filed a nursing home negligence lawsuit against the Renaissance at 87th nursing home in Chicago. The nursing home lawsuit alleges that the 92-year-old African-American woman died because the nursing home failed to properly care for her gastric tube. In December 2007, the woman received a gastric tube to receive food and medications and it malfunctioned. In May 2009, the resident’s g-tube fell out and the nursing home staff had to insert a Foley catheter to replace the tube.

The resident’s daughter then noticed changes in her mother’s condition and behavior. When the daughter brought this to the nursing home staff’s attention they ignored her complaint. On June 1, the Director of Nursing immediately recognized her urgent medical care. She was transferred to the hospital and died on June 2. The Illinois Department of Public Health launched an investigation and cited the Renaissance at 87th. Nursing home neglect lawyer Steven Levin stated that The Renaissance at 87th violated the Nursing Home Care Act by failing to provide the proper care to prevent the g-tube from malfunctioning. He added that as a nursing home lawyer, he oftentimes sees nursing home owners put profits before their resident’s needs. The resident’s daughter visited her mother daily and found that the staff had not bathed her or changed her undergarments. Many family members could not communicate their disapproval for the nursing care and had no advocates to speak on behalf of them. The Renaissance at 87th is among the many homes in Illinois that have a one star rating, the lowest possible, from the Centers for Medicare and Medicaid Services’ Nursing Home Compare Website.

December 12, 2009

Nursing Home Residents Allowed to go to Home for the Day

The Center for Medicare Advocacy, Inc is releasing news the news that residents of skilled nursing facilities can leave their facility to attend a family holiday celebration without losing their Medicare coverage. The policy recognizes that although most beneficiaries are unable to leave their facility an outside pass or short leave is not by itself evidence that the individual no longer needs to be in a skilled nursing facility for the receipt of required skill care. If a facility tries to tell you that a short leave will result in the loss of Medicare coverage, please inform them that this notification is not appropriate. If the resident returns to the facility by midnight, the facility can bill Medicare for the day’s stay. This will make for enjoyable holidays for our elderly citizens.

To view the entire flyer, please click here.

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December 2, 2009

Illinois Nursing Home Ratings Website Offers Free Membership

The holiday season is a time for giving, and, Gunther's Grades would like to offer three months of free membership to all new members during the month of December. For information on how to take advantage of this holiday special, go to www.gunthersgrades.com.

Gunther's Grades is a web meeting place where caregivers, families and friends can access, rate and share information regarding long-term care and facilities in Illinois.

Visit Gunther's Grades to view ratings of Illinois nursing homes submitted by other families and caregivers.

October 4, 2009

How to Decide Whether a Nursing Home is the Right Fit

The LA Times has come up with a helpful list for determining which nursing home is the right one to place your loved one. They believe that by asking the facility certain questions you will be able to determine if it is a safe place. First ask whether the care meets the need of your family member such as personalizing rooms with photographs and other items. Next ask whether the facility has adequate fire and safety systems which are up to date. It is important that a facility has a wanderer alert to ensure that disoriented residents do not leave. There should be few policies on physical and chemical restraints. It is important to research whether the nursing home has a history of pressure ulcers. The Medicare website is helpful in determining which nursing home is right for you. To read more about nursing home advice, please click the link.

September 2, 2009

Alden Owns over 40 Illinois Nursing Homes

The Alden Network is an Illinois entity operating over 40 nursing homes within Illinois. Due to the overwhelming amount of nursing homes, you may not recognize a specific home as an Alden Network home. Since the nursing home abuse attorneys at Levin & Perconti have filed a number of lawsuits against Alden homes, we have provided a list of Alden Network homes below. If you have a complaint against any of these homes, you should contact the Illinois Department of Public Health at 1-800-252-4343 and consult a nursing home abuse lawyer.

Alden Network Homes in Illinois

Alden Alma Nelson Manor- Rockford, Illinois
Alden Courts of Waterford – Aurora, Illinois
Alden Des Plaines – Des Plaines, Illinois
Alden Estates of Barrington – Barrington, Illinois
Alden Estates of Evanston – Evanston, Illinois
Alden Estates of Naperville – Naperville, Illinois
Alden Estates of Skokie- Skokie, Illinois
Alden Gardens Courts of Des Plaines – Des Plaines, Illinois
Alden Gardens of Waterford CCRC – Aurora, Illinois
Alden Lakeland Rehab & HCC – Chicago, Illinois
Alden Lincoln Rehab & HC Ctr – Chicago, Illinois
Alden Long Grove Rehab & HCC – Long Grove, Illinois
Alden North Shore Rehab & HCC – Skokie, Illinois
Alden Northmoor Rehab & HCC – Chicago, Illinois
Alden of Old Town East – Bloomingdale, Illinois
Alden of Old Town West – Bloomingdale, Illinois
Alden of Waterford – Aurora, Illinois
Alden Orland Park Rehab & HCC – Orland Park, Illinois
Alden Park Strathmoor – Rockford, Illinois
Alden Popular Creek Rehab & HCC, Hoffman Estates, Illinois
Alden Princeton Rehab & HCC – Chicago, Illinois
Alden Springs – Bloomingdale, Illinois
Alden Terrace of McHenry Rehab – McHenry, Illinois
Alden Town Manor Rehab & HCC – Cicero, Illinois
Alden Trails – Bloomingdale, Illinois
Alden Valley Ridge Rehab & HCC – Bloomingdale, Illinois
Alden Village Health Facility- Bloomingdale, Illinois
Alden Village North – Chicago, Illinois
Alden Wentworth Rehab & HCC, Chicago, Illinois
Barrington Horizon
Bloomingdale Horizon
Drexel Horizon
Fox River Horizon I and II
Heather Health Care Center – Harvey, Illinois
Oak Forest Horizon
The Lakes at Waterford
The Superior at Waterford

August 24, 2009

Study Shows Fault with Nursing Home Admission Agreements

The move to a nursing home is a stressful, anxious time for not only the resident but their family as well. That is why so many people find themselves signing nursing home contracts without properly reviewing them. However, the document is not one of routine and many admission agreements are harmful and have provisions that violate the law. The federal Nursing Home Reform Law provides many protections for residents and families, and if the residents are aware, they can take action to obtain the quality of care that residents deserve. The nursing home legislation provides that nursing homes must provide necessary care in as homelike an environment as possible. A resident’s preferences should be followed whenever practicable. A recent nursing home study has shown that admission agreements often contain provisions that conflict with the law and are not fair to residents or their families. The study found six problems with admission agreements:
 The agreement lowers standard of care, and accepts certain injuries as almost inevitable. However the Nursing Home Reform Act requires a nursing home to provide care necessary for a resident to reach “the highest practicable level of functioning.”
 The agreement limits the resident’s right to receive visits from family. However, a nursing home resident has the right to be visited by a family member at any time of the day or night.
 The agreement waives or limits the nursing home’s responsibility. It is never in a resident’s interests to waive or reduce any responsibility.
 The agreement requires arbitration of disputes or claims. However, a jury generally is better than an arbitrator in understanding a resident’s point of view. Therefore you should never give up the right to a jury trial.
 The agreement authorizes eviction for improper reasons. The Nursing Home Reform Law specifically requires a nursing home to provide appropriate care for resident with dementia and eviction is allowed for only six specified reasons.
 The agreement requires resident’s family member or friend to become financially liable for nursing home expenses. The Nursing Home Reform Law prohibits a nursing home from requiring anyone to become financially responsible for a resident’s nursing home expenses.
To read more about the nursing home advice, please click the link.

June 7, 2009

Federal Government Initiates a Web Based Program to Rate Nursing Homes

The federal government now has an online tool consumers can use in evaluating the quality of nursing-home care. The Centers for Medicare and Medicaid Services will start running a pilot program to see if cash incentives to nursing homes can improve the care they provide, especially in areas like nurse staffing and preventable hospitalizations. Recently, the federal government started a star program that rates nursing homes and flagged 135 of the most troubled nursing homes. Many nursing home residents are forced to pay for their own care, because they earn too much for Medicaid, and are only given Medicare. They are then surprised by Medicare’s limited coverage for nursing-home, which is up to 100 days after a hospitalization of three days or more. To qualify for this, a patient must have a doctor’s order to go to a nursing home for the same illness or injury that she was treated for at the hospital. The new online website will list the nursing homes with summarized data from state and federal inspections and information the nursing homes reported to regulators. The website will contain information about nursing homes in Chicago, Illinois. To read more about the nursing home program, please click the link.

January 24, 2009

How to spot elder abuse

Charges of nursing home abuse and nursing home neglect are rising across the country, but there are certain things that families of nursing home residents can do to spot elder abuse before it causes wrongful death or severe injury. Examine your loved one for bedsores and bruises. Ask your loved one questions – if they are agitated, restless, or out of sorts, this could be a clue that things at the nursing home are not right. Issues like rape, sexual assault, physical assault, and elder abuse need to be reported immediately to law enforcement.

For the full article.

January 22, 2009

Illinois Citizens for Better Care Release a Guide to Admitting Loved Ones to Nursing Homes

Illinois Citizens for Better Care (ICBC) has recently released an informational guide about the processes, rights, and procedures involved in the admitting of a loved one to a nursing home care facility. Most nursing home litigation results when the standard policies and procedures required by law are not followed stringently. Knowledge is the best tool to guard against nursing home negligence. For information about this nursing home guide, click here.

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August 8, 2008

Levin & Perconti Files A Lawsuit Against Pavilion at Forest Park for the Nursing Home Abuse and Wrongful Death of Reverend Clarence Ballenger

Levin & Perconti has filed a personal injury lawsuit on behalf of Reverend Clarence Ballenger’s family for his death as a result of nursing home abuse and neglect and common law negligence at Pavilion at Forest Park nursing home. The Reverend is survived by ten children and thirty-five grandchildren. Levin & Perconti filed the suit on July 15, 2008. Reverend Ballenger was a resident at the Pavilion at Forest Park, 8200 W. Roosevelt Road, Forest Park, Illinois and was under the medical care of several doctors.

continue reading . .

Levin & Perconti Files A Nursing Home Abuse and Neglect and Wrongful Death Lawsuit Against Glenshire of Richton Park

Levin & Perconti has filed a personal injury lawsuit on behalf of Theresa Alexander’s surviving family members. Theresa was a resident at Glenshire from February 2006 to February 2007. Theresa entered Glenshire at 22660 South Cicero Avenue in Richton Park, Illinois without any pressure ulcers. While at Glenshire, Theresa was noted to be at risk for falls and for decubitus ulcers, commonly known as bed sores. Despite these known risks, the nursing home did not care for her properly.

continue reading . . .

July 8, 2008

Levin & Perconti Files A Lawsuit Against Pavilion at Forest Park for the Nursing Home Abuse and Wrongful Death of Reverend Clarence Ballenger

Levin & Perconti has filed a personal injury lawsuit on behalf of Reverend Clarence Ballenger’s family for his death as a result of nursing home abuse and neglect and common law negligence at Pavilion at Forest Park nursing home. The Reverend is survived by ten children and thirty-five grandchildren. Levin & Perconti filed the suit on July 15, 2008. Reverend Ballenger was a resident at the Pavilion at Forest Park, 8200 W. Roosevelt Road, Forest Park, Illinois and was under the medical care of several doctors.

continue reading . . .

June 26, 2008

Woman Complained About Nursing Home, Allegedly Jailed in Response

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.

June 8, 2008

Levin & Perconti Files A Nursing Home Abuse and Neglect and Wrongful Death Lawsuit Against Glenshire of Richton Park

Levin & Perconti has filed a personal injury lawsuit on behalf of Theresa Alexander’s surviving family members. Theresa was a resident at Glenshire from February 2006 to February 2007. Theresa entered Glenshire at 22660 South Cicero Avenue in Richton Park, Illinois without any pressure ulcers. While at Glenshire, Theresa was noted to be at risk for falls and for decubitus ulcers, commonly known as bed sores. Despite these known risks, the nursing home did not care for her properly.

continue reading . . .

April 18, 2008

Husband’s Vigilance Ensures Quality Nursing Home Care for Wife

A recent article on a Santa Barbara man provides an excellent example for Illinois families with loved ones in nursing homes. The man’s wife is confined to a nursing home facility because her MS is advanced. Her husband has become her most important advocate and lifeline, maintaining constant contact with the nursing home facility, providing oversight of the staff’s care, and often butting heads with the nursing home’s management to prevent nursing home abuse and neglect.

This story highlights how difficult family roles become when a loved one requires constant care. In this case, the man’s role changed quickly from being his wife’s primary advocate to assisting with her daily care, to taking on the nursing home management to fight for his wife’s rights to be free from nursing home abuse and neglect. Families should remember that they are not alone: Illinois has a nursing home ombudsmen program designed to help advocate for nursing home residents. Nursing home abuse and neglect lawyers can often achieve results that families may not be able to, especially when their loved one has suffered nursing home abuse and neglect.

For the complete story, click here.

March 25, 2008

Early research into nursing home care can lower likelihood of nursing home abuse and neglect

A Midwestern woman recently faced a decision that nobody hopes to ever face: which nursing home should I put my mother in?” Nursing homes are under increased scrutiny after several heart-wrenching nursing home abuse and neglect incidents. This daughter recommends visiting nursing homes and spending time with staff, residents, and other visitors.

For the full article.

January 18, 2008

Nursing Home Abuse: What you can do to make sure your loved one is not a victim

At the North Shore Senior Center in Northfield, Illinois, Steve Levin spoke to a group of senior citizens on the dangers of Illinois nursing home abuse and neglect. Addressing the Men's Club at the Center, Steve advised the seniors to take care in choosing the right nursing home. Specifically, Steve recommends investigating whether the home is frequently cited by the Illinois Department of Public Health (IDPH), visiting the home to see what is actually going on there, and inquiring of the home whether they have any liability insurance.

Steve also recommended reporting nursing home abuse and neglect to the IDPH and contacting a nursing home lawyer if you suspect a loved one is being abused and neglected.

January 15, 2008

Democrats seek release of the names of more bad nursing homes

Knowing which nursing homes are bad can be valuable information for a family seeking long-term care for an elderly loved one but concerned about issues like nursing home abuse and neglect. Recently, the Centers for Medicare and Medicaid Services announced the names of 54 nursing homes that had ranked as one of the worst in their state. Proper administration of medication to patients, appropriate assistance with activities of daily life and concern for the prevention of malnutrition and dehydration are examples of what inspectors look for in nursing homes. Inspectors also look for signs of nursing home abuse and neglect such as failure to maintain resident safety and prevent accidents, such as falls, infections, bed sores and other problems elderly people are susceptible to.

The list published by CMS containing the names of 54 nursing homes is actually a sample of 128 "special focus facilities", or homes that were identified as in need of more oversight. CMS says that the rest of the facilities were not identified because during the six months after being titled a "focus facility" they showed improvement. Democratic legislators, however, are demanding that all of the names be released in order to protect nursing home residents. Most nursing homes have around 6-7 deficiencies identified during inspection, but the ones on the list had twice as many or more. Unfortunately, no national standard has been set for the investigations so each state has its own parameters. An Illinois nursing home can be considered in terrible condition, but would not qualify in another state. A bill was recently introduced in the legislature to make it mandatory for CMS to publish all of the names, but the issue of discrepancies between states' standards is an issue that should be addressed by congress.

Click here for the full article

January 13, 2008

Be aware of the many types of elder abuse and neglect to help keep seniors safe

There are many different forms of elder abuse and neglect and it is important to watch for signs of abuse in order to protect loved ones. Anyone over age 60 can be a victim of elder abuse. Elder abuse and neglect comes in many forms:

-Physical abuse
-Emotional abuse includes verbal assaults, threats, intimidation and harassment
-Confinement is restricting an elderly person without their consent. Many believe that restraining seniors with Alzheimer's or other illnesses should be restrained in order to prevent wandering off. This is illegal and there are better alternatives
-Passive neglect is when a loved one, caregiver, nursing home or assisted living facility is unable to provide a senior with the care they need. This can include failing to provide medication at appropriate times, causing malnutrition or dehydration by forgetting meals, allowing falls due to lack of supervision, allowing bed sores to develop as a result of neglect, failing to monitor the hygiene of the elderly person and more.
-Financial exploitation is the misuse of a senior's money, accounts, insurance, etc. It is the most commonly reported form of elder abuse. Many different types of people can exploit elders financially including family members, caregivers and employees of nursing homes or assisted living facilities.
-Sexual abuse is any type of sexual act or conduct performed against the elderly person's will.

If you are aware of elder abuse or suspect that a senior is being abused, call the Illinois elder abuse hotline at (866) 800-1409. It is available 24 hours a day.