Illinois Nursing Home Abuse Blog

A nursing home in Canton, Ohio has lost its federal funding for having too many violations. According to inspectors, each time they went to the facility there was another problem. Unlike large corporate facilities, many smaller homes survive on Medicare and Medicaid to supplement what individual residents can pay to live in the home. This facility had a troubling list of violations including a patient not getting blood thinning medication until five days after the doctor prescribed it, a resident reported an instance of patient on patient rape and the doctor was not notified until 11 hours afterwards, a patient had severely matted and soiled hair resulting from his hair only being washed two or three times in six months at the facility, and old, used syringes lying around in patient rooms.

Read the full news report here.

A nursing home employee has been arrested and charged with theft of medications from nursing home residents. The employee apparently switched prescription pain relievers with over the counter pain relievers and then gave the wrong medication to the nursing home residents. This case shows another example of how medication mixing, giving the wrong medication, and prescription drug theft are more and more common in nursing homes. Family and patient advocates should be sure to check with their loved ones in nursing homes to make sure the resident feels like their medication is working and should also watch how medication is administered.

See the news story here.

A 20 year old girl with terminal kidney disease has died in a nursing home after crying for help for six hours. According to news reports, the nursing home staff ignored her cries for help for six hours before finding her dead. A nurse quoted in the news article said that the girl begged to see a doctor because something was really wrong. This is a sad case of nursing home neglect that shows how neglect can be deadly. Often, nursing home staff are so overtaxed with tasks and residents that they cannot or do not attend to all resident requests. Unfortunately, this means that many life or death calls can go unanswered. The girl’s family will likely file a wrongful death lawsuit for nursing home abuse and neglect to seek justice for their daughter’s sad and painful death.

Read more 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 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.

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

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.

In Ohio, sheriffs are required to notify neighbors when sexual predators live near by and enforce laws prohibiting sex offenders from living within 1,000 feet of a school. Nursing home residents are not exempt from these laws, but because the intent of the laws is to protect children and because elder abuse is an overlooked crisis in America, nursing home residents are forced, unknowingly, to live in homes shared with sex offenders and other criminals. With nursing home abuse and neglect being an important problem we face today, it is important to make sure loved ones are safe, protected and cared for- not at danger of sexual assault and misconduct. The Ohio state legislature is debating a bill that would require nursing homes to disclose the presence of sexual offenders to new or prospective patients. In one instance, a family placed an 18-year-old mentally retarded woman in a long term care facility but was unaware of the presence of sexual predators. Eventually, the home's failure to supervise residents convicted of sexual offenses allowed the woman to be raped by a sexual predator previously convicted of raping three women. It is going to be important, in the face of a growing elder population, to raise awareness of the many hazards of nursing home care.

Contacting elder advocates like ombudsmen and elder law attorneys can help send nursing homes the message that we are paying attention. They can not get away with underfunding homes, allowing for abuse and neglect, while the owners are pocketing excess cash. Contacting state agencies, advocates and elder law attorneys is the first step toward deterring nursing homes from continuing in their careless practices.

Continue reading "Sex offenders live unidentified in nursing homes" »

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.

The National Center for Health Statistics recently released the facility data tables from the 2004 National Nursing Home Survey online. The tables include the following information about nursing homes: characteristics, staffing, management, programs, services, and employee vaccinations. With the constant fears of nursing home abuse and neglect, the tables are especially useful for families researching a home for a loved one.

To view the tables.

“How to Identify a Bad Nursing Home”

Care plans

Good Care plans are specific and individualized. They reflect the resident’s concerns, preferences, well-being, and functioning. These plans also changes as the resident’s needs change.

Continue reading "How to identify a bad nursing home" »

“10 signs that your loved one is a victim of elder abuse”

Elder abuse is the neglect, mistreatment, exploitation, or harming of elderly patients in nursing homes, assisted living facilities, or home care environments. The most common types of abuse are physical/sexual abuse, emotional abuse, financial abuse, and abandonment – all are illegal under state and federal law, whether intentional or not. Generally, the caregiver is to blame for such elder abuse, although the nursing home facility may be deemed liable, as well.

Elder abuse is now a shockingly common crime. In fact, thousands of residents in nursing homes are mistreated each year, and as the number of seniors under care steadily rises, so does the rate of abuse. Reasons for this increase range from under-qualified, under-trained, and overworked staff members to the fact that many victims are either physically unable to or are too afraid to report mistreatment that is occurring in their nursing homes. It is often left up to loved ones to notice signs of nursing home abuse or neglect and ultimately take action.

Continue reading "10 signs that your loved one is a victim of elder abuse" »