May 5, 2010

Celebrate National Nursing Home Week Next Week

May 9-15 has been declared National Nursing Home Week by the American Health Care Association. This is an important week because every year thousands of nursing home residents become victims of elderly abuse and neglect. This week is a good week to reflect on what everyone can do to better protect these vulnerable residents. The Chicago nursing home lawyers of Levin & Perconti have handled nursing home cases since 1992. We believe that it is essential for people to understand the exact meaning of nursing home abuse and neglect and what can be done if they suspect their loved one is a victim.

There are many signs of nursing home abuse and neglect. They not only affect an elderly resident’s physical well-being but their mental and emotional spirit as well. Some signs to watch for with nursing home neglect include:

- Falls
- Pressure ulcers
- Malnutrition and/or dehydration
- Over-medication
- Cuts, bruises or broken bones
- Poor hygiene
- An unclean environment and/or smells
- Weight loss
- Changes in demeanor
- Wandering or elopement
- Medication errors

Try talking to a long-term-care ombudsmen or voice your concerns to the Illinois Department of Public Health if you have noticed one of these signs in a loved one. If you or a loved one has fallen victim to nursing home abuse, please contact a Chicago nursing home lawyer. Taking legal action will not only compensate the victim, but it sends a harsh message that nursing home owners must be held accountable for the actions. This way they will improve the conditions and quality care for nursing home residents.

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Posted In: Illinois Nursing Homes, Residents and Family Members, Ombudsmen and Resident Advocates, Events and Conferences, Knowing your rights

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May 2, 2010

Fourth Lawsuit Filed Against LaSalle County Nursing Home

MyWebtimes.com is reporting that a fourth lawsuit has been filed against LaSalle County Nursing Home for nursing home abuse. The nursing home sexual abuse lawsuit was brought on behalf of a 90-year-old former resident of the home and claims that she was sexually assaulted by a male resident at the facility. The suit claims that not only did this man sexually assault about a dozen residents; he also had a history of such abuse. The Illinois nursing home lawsuit is asking for $50,000 in damages for the nursing home abuse because the facility failed to protect the resident from the physical, mental and physiological injuries that she endured.

The nursing home lawsuit also states that the staff members at LaSalle County Nursing Home did nothing to protect the woman from the sexual abuse at the hands of her fellow resident. Recently, three top administrators at the nursing home have resigned and the suspect has been moved to a psychiatric facility. The Illinois nursing home has also been fined for their inaction. To read more about this nursing home lawsuit, please click the link.

This is a perfect example of how a lack of nursing home staffing can make it hard for direct care workers to provide both supervision and attention to each individual resident. Countless studies have shown that a lack in supervision can lead to serious problems with nursing home residents. These problems include injuries from falls, resident elopement and medication errors. Also, as seen in recent Illinois nursing homes, a lack of sufficient staff can lead to physical and sexual abuse amongst residents.

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Posted In: Illinois Nursing Homes, Residents and Family Members, LaSalle County Nursing Home, Nursing Home Abuse, Sex offenders and parolees in nursing homes

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April 18, 2010

Important Things Nursing Homes Probably Will Not Tell You

According to an article from SmartMoney.com, it is very difficult to choose the right nursing home when making the difficult decision to place a family member into long-term care. Many nursing homes will hide some important aspects that are crucial to this decision. The next ten statements are things that you need to investigate because a nursing home will never tell you. The first is that they are careless with the drugs they distribute. Next they will never let you know if they are understaffed. A nursing home will not make you aware of the fact that nursing home theft is on the rise. Cash, jewelry and clothes are oftentimes the most commonly stolen items. In addition to personal theft, institutional theft is also rising. The Department of Health and Human Services reported that the Medicaid Fraud Unit had recovered more than $1.3 billion in fraudulent money. Next, a nursing home will not let you know that they only will do what is in the individualized care plan.

A nursing home will never disclose their cases of nursing home negligence or whether they use physical restraints on their loved ones. Sometimes, nursing homes prep for their report cards and their grade my not reflect their standard of care. When they get fined, they have the possibility of not paying them. Most importantly, a nursing home will not let you know that they can discharge a resident at any moments notice. This has become one of the biggest complaints of nursing home residents and their families. To read more about the nursing home facts, please click the link.

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Posted In: Residents and Family Members, How to choose a home

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March 25, 2010

Picking a Nursing Home For a Loved One in Illinois

A New York Times article has laid out many times for helping those dealing with the stressful task of choosing a nursing home. Chief executive of the American Association of Homes and Services for the Aging states that you can find a nursing home with a safe, engaging and pleasant environment if you “know what to look for and how to search.” The first step is to start with the data by looking at a nursing home’s health inspection data, staffing and quality measures. You may obtain this information by going to the Medicare website and using the “nursing home compare” tool. The next helpful step is to visit the nursing home numerous times. Ask to speak with the executive director, lead physician and head nurse. Take notice as to whether staff members are being friendly with the patients. When speaking with nursing home representatives make sure to ask the nursing homes if they engage in “person-centered care” as well as “consistent assignment” These homes will allow patients to generally manage their own schedules and choose when they wake up. Finally, make sure to inquire about the staff turnover. Countless studies have found that nursing home staffs with high turnover rates are more likely to commit nursing home negligence.

There are many helpful sources for choosing a nursing home in Illinois. The Chicago nursing home lawyers at Levin & Perconti recommend visiting the Illinois Department of Health’s Website to examine information on each nursing home in Illinois. The Long-Term Care Ombudsman Program at the Illinois Department of Aging is another helpful resource for families choosing a nursing home for a loved one. They run a Senior Helpline that you may access by calling 1-800-252-8966.

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Posted In: Illinois Nursing Homes, Residents and Family Members, How to choose a home, Ombudsmen Program, Selecting a home

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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.

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Posted In: Residents and Family Members, Pressure Ulcers, Renaissance Nursing Homes Abuse and Neglect, Useful publications

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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.

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Posted In: Illinois Nursing Homes, Residents and Family Members, Chicago Nursing Homes, Levin & Perconti in the News, Nursing Home Abuse, Selecting a home, Wrongful Death

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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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Posted In: Residents and Family Members, Knowing your rights

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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.

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Posted In: Illinois Nursing Homes, Residents and Family Members, How to choose a home, Selecting a home

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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.

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Posted In: Residents and Family Members, How to choose a home, Knowing your rights

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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

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Posted In: Illinois Nursing Homes, Residents and Family Members, Alden Nursing Home Abuse and Neglect, Chicago Nursing Homes, How to choose a home, How to tell if your nursing home is bad

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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.

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Posted In: Residents and Family Members, Knowing your rights, Useful publications

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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.

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Posted In: Residents and Family Members, How to choose a home, National Nursing Home News

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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.

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Posted In: Illinois Nursing Homes, Residents and Family Members, How to tell if your nursing home is bad, Nursing Home Abuse

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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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Posted In: Residents and Family Members

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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 . .

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Posted In: Illinois Nursing Homes, Residents and Family Members, Chicago Nursing Homes, Incidents, Nursing Home Abuse

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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 . . .

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Posted In: Illinois Nursing Homes, Residents and Family Members, Chicago Nursing Homes, Incidents, Nursing Home Abuse

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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 . . .

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Posted In: Illinois Nursing Homes, Residents and Family Members, Chicago Nursing Homes, Incidents, Nursing Home Abuse

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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.

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Posted In: Residents and Family Members, National Nursing Home News

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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 . . .

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Posted In: Illinois Nursing Homes, Residents and Family Members, Chicago Nursing Homes, Incidents, Nursing Home Abuse

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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.

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Posted In: Illinois Nursing Homes, Residents and Family Members, Ombudsmen and Resident Advocates, Family Councils, How to choose a home, Knowing your rights

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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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