Illinois Nursing Home Abuse Blog

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.

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.

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.

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.

The American Geriatrics Society has promulgated a new position statement regarding nursing home care. The American Geriatrics Society believes that Assisted Living Facilities may benefit seniors over the care offered at long term nursing homes. Nursing home abuse, nursing home neglect, nursing home failure to supervise and other concerns have prompted a need to look at alternative care facilities. To read the full report of the American Geriatrics Society recommendations click here.

A mental health nursing home has made the news for two colossal problems: frequent resident suicide and unsanitary conditions. Multiple residents in the past year have attempted suicide and the state inspectors believe mental health nursing home abuse and neglect may be the culprit. For instance, two residents jumped from a window and were severely injured in the mental health nursing home and one resident died in the nursing home and was not noticed for 36 hours. These incidents are clearly signs that something has gone terribly wrong. Another resident was found living in a room with a dirt floor, covered with earthworms. The state has opened a major investigation into the home.

Read the full story here.

A recent article highlights the dangers of residing in and placing family members in uninsured nursing homes. Uninsured nursing homes are extremely dangerous for residents because there is no way that residents can get fair and reasonable compensation for their injuries and families can recoup fair and reasonable compensation for their loved one’s wrongful death in a nursing home abuse and neglect lawsuit. The article highlights three tragic cases where a woman suffered severe pressure sores because nurses did not maintain her cast, another woman suffered when she was left on a bedpan for too long, and one resident died from dehydration in a nursing home. Unfortunately, none of these residents nor their families could fair and reasonable compensation for their injuries. Currently, the Illinois House is considering HB 5213 which would require at least $1 million in insurance coverage for Illinois nursing homes to protect residents who may be victims of nursing home abuse and neglect.

Read more about the dangers of uninsured nursing homes here.

The Centers Medicare and Medicaid Services Nursing Home Compare website has added a new section that allows viewers to see information on nursing homes and identify homes that have drawn increased federal scrutiny for complaints and other forms of nursing home abuse and neglect. The website includes a listing of Special Focus Facilities which are nursing homes that receive increased federal inspection as a result of past poor performance. Notably, five Illinois nursing homes made the list. Embassy Health Care Center in Wilmington, IL and Harrisburg Care Center of Harrisburg, IL are both on the “not improved” list. Facilities that have shown improvement include Alden Park Strathmoor in Rockford, Berkshire Nursing & Rehab in Forest Park, and International Village in Chicago.

See here for the report and view the website here.

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.

A recent state law change highlights the need for family members to stay current with their loved ones’ care in nursing homes. Previously, an Iowa state law effectively blocked public access to state nursing home inspector findings and reports of nursing home abuse. This law made it even more difficult for family members to choose the right nursing home and often hid possible incidents of nursing home abuse.

The new law requires immediate disclosure of state inspector findings of nursing home abuse and neglect for public review.

See the full story here.

Continue reading "Some State Laws Block Public Access to Records of Nursing Home Abuse" »

Steven Levin of Levin & Perconti will represent Virginia Cole’s surviving family members in a nursing home abuse and wrongful death lawsuit. Virginia Cole was one of the victims at Woodstock Residences, the Chicago-area nursing home at the center of a pending criminal trial.

Two former nursing home employees of Woodstock Residences were charged in McHenry County with causing the deaths of four residents at the nursing home. The charges include criminal neglect of the nursing home residents and overmedicating patients with morphine.

At a press conference on Monday with the victim’s son in law, Steven Levin commented on the role of nurse Marty Himebaugh at Woodstock Residences: “The director of nurses at the facility -- and this is a quote from the indictment -- was encouraging Marty Himebaugh to act in a role of angel of death.” Mr. Levin will file suit in the Circuit Court of Cook County shortly.

To read the original article and see video, please click here.

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.

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

The California Advocates for Nursing Home Reform have a comprehensive checklist and tips for choosing a nursing home.

To view the California Advocates for Nursing Home Tips:
http://www.nursinghomeguide.org/NHG/nhg_txt_howtochoose.lasso

The budget being debated in the Illinois General Assembly threatens in-home and community-based care services for the elderly. As the population ages, Illinois should be looking for more ways to accommodate as many people as possible. However, the state is investing mainly in nursing homes. Seniors that need basic care will be forced to move to nursing homes even though they are able to live at home with some assistance. Such programs as delivering meals to rural seniors, improving community programs and helping manages seniors' medication could receive a serious blow. Seniors who can maintain a semi-independent living situation should continue to do so, instead of being unnecessarily confined to nursing home care.

Click here for the full article

Day-to-day home management for the elderly and mentally disabled can be a difficult and at times overwhelming task. Frequently, people become attached to their homes and resist the idea of entering into a nursing home for fear of abuse and neglect. CareNhome is an alternative to long term care facilities and serves the elderly and mentally disabled citizens of Chicago and its surrounding suburbs. CareNhome provides services such as medication management, assistance with shopping and errands, and property cleanup management. CareNhome offers both live in and come and go services. Further information can be found at their website.

The elderly or mentally disabled may not realize their home is in dire need of renovation. A home may look decent from the outside, but the interior can be an entirely different story. The kind people at CareNhome have proven that with hard work and dedication anything can be accomplished. Click here for an example of their work

The Center for Medicare and Medicaid Services surveys nursing homes annually and provides a National Nursing Home Watch List. For 2007, the Illinois Nursing Home Watch List cited 250 Illinois nursing homes for actual harm and immediate jeopardy to patients. Over 25 nursing homes were cited in Chicago alone and at least 30 homes in the state of Illinois were cited for actual harm and immediate jeopardy on three or more surveys. Hence, nursing home abuse and neglect is a legitimate problem in Illinois and the nation as a whole.

The list is published on memberofthefamily.net, a website designed to offer information about Medicare and Medicaid certified nursing homes nationwide. As seen on NBC’s Today Show, memberofthefamily.net also provides literature on the subject of nursing home rights, including the recently published guide Danger Zone: Unlock the Secrets of Nursing Home Medical Records and Protect Your Loved One. The book is intended to help families recognize falsifications in medical records and nursing home negligence.

In Illinois, advocates and nursing home lawyers have been working to combat nursing home abuse and neglect. Organizations like Illinois Citizens for Better Care (ICBC), the Center for Justice and Democracy, and the regional Ombudsmen program can help you determine whether your loved one is a victim of abuse and neglect.