Illinois Nursing Home Abuse Blog

Seniors in nursing home are in a fragile state of health. Sometimes nursing home providers will use that to argue that subsequent injuries or illness that residents contract are expected and unpreventable. In most cases that is nothing more than an excuse. The truth is that the resident’s medical vulnerabilities are the very reason why they are in the home to begin with, and the reason why care providers need to be incredibly vigilant about controlling all of the risk factors to allow the senior to remain in as good a condition as possible.

When proper care is not provided, it may be a sign of nursing home neglect, and residents and their families may be able to seek legal accountability. In many cases, the root neglect is in the action (or inaction) of care providers--like failing to monitor a change in condition or not providing supervision which leads to a fall. In other cases, the underlying issue is more complex, perhaps involving use of defective or dangerous products in resident care.

Dangerous Mattress Covers
For example, the U.S. Food and Drug Administration (FDA) recently issued a safety alert on some products that may be used in nursing homes, leading to illness and death: infection-riddled mattress covers.

The alert was directed at long-term care providers, nurses, doctors, aides, and others who have control over the care setting of medical patients and skilled long-term care residents. The Administration explained that they wanted to warn these individuals that “damaged or worn covers for medical bed mattresses can allow blood and body fluids to penetrate medical bed mattresses, posing a risk of infection to patients.”

As with so many medical objects, the mattress covers themselves are intended as a safety tool--to prevent substances and fluids from seeping into the core of the mattress. Yet over the past few years, the FDA has received hundreds of reports where the mattress covers failed in that role, allowing infected substances from making their way onto the mattress. This was usually caused by tears in the cover, a thinning of the material or improper use, with exposed portions or opening near the zipper.

All of this exposing the individual using the bed, like nursing home residents, to infection risk because of coming into contact with the body fluids of another. Considering seniors inherent vulnerability, those subsequent infections can be life-threatening. Because this risk is known, it is critical for caregivers to ensure these cover defects are caught and senior residents are not placed in risk situations.

The FDA safety alert includes a list of recommendations that caregivers can use to ensure that the covers do not pose a risk. In addition, the Administration includes contact information where others can report concerns and problems with mattress cover use.

Chicago Nursing Home Neglect
Providing inadequate care to local nursing home residents should never be tolerated. However, our neglect attorneys know that it happens every day in Chicago and throughout state of Illinois. The problems can range in scope from outright abuse to sloppy caregiving--like the use of defective mattress covers. If you suspect such care at a nearby facility, please don’t stay silent. Stand up and demand accountability.

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Illinois Nursing Homes & Special Focus Facility List

Defending Against Nursing Home Arbitration Clauses

Many portrayals of attorneys in TV, movies, and even newspaper stories paint the picture of legal professionals who are greedy and only out for maximizing their own pocketbook. Unfortunately, these stereotypes actual influence public opinion and sometimes seep into actual policy matters affecting the legal professional and the civil justice system as a whole.

For example, contingency agreements are often looked at with suspicion. Many personal injury cases, including Chicago nursing home neglect matters, are taken via contingency fee arrangements. This basically means that the plaintiff does not have to pay for attorney fees, court costs, or other expenses unless they recover. The payments are then made out of this recovery.

CJ&D Study
Recently the Center for Justice and Democracy issued a new report which emphasizes the critical role of fee arrangements. The full report is entitled Courthouse Cornerstone: Contingency Fees and Their Importance for Everyday Americans.

The report notes how the fee arrangement has been around for hundreds of years. The purpose of the arrangement is clear: allowing everyone harmed by negligence access to the civil justice system regardless of their economic situation. Justice should never be available only to the wealthy. This fee system ensures that legitimate injuries do not go without recourse simply because the person hurt does not have enough money to hire an attorney. Not only that, but plaintiffs are often able to pursue the most able of attorneys related to their specific need--not just those who happen to be charging the least. You can be sure that large insurance companies are hiring the best legal defense they can find, and it seems logical to support a system that allows injured parties the same, even though their coffers do not even run a fraction as deep.

For example, consider a nursing home neglect case where a resident is left in bed without proper nutrition or hydration for weeks on end. She is not properly re-positioned or cared for and she develops bed sores down to the bone. The neglect by caregivers is obvious, as the senior’s condition is abysmal. She lives in constant pain. As with most local nursing home residents, the senior is on Medicaid, having virtually no money of her own or means to make additional income. There is no way that the senior can afford to hire an attorney to hold the nursing home accountable. The costs and fees associated with pursuing these cases is well beyond her means--and that of most middle class families. Should the nursing home get off without any accountability because the resident that they harm is financially poor? Contingency fee arrangements change that by providing a clear path for the senior to hire supremely competent attorneys experienced in these cases to pursue justice.

The Filtering Role
One often overlooked side effect of contingency fee arrangements is the way that they filter questionable cases from ever being filed. In all of these cases, the attorneys bear the risk of loss. If a case does not result in a favorable settlement or verdict then the attorneys receives nothing for the time spent on the matters and lose the costs already doled out. This has the effect of incentivizing lawyers not to take cases that might be questionable. For all the talk by those pushing tort reform, they forget that the attorneys themselves are the ones who stand to lose financially if a case is brought without the means to fairly prove the claims.

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Understanding Medicaid and Long-Term Senior Care

Levin & Perconti Settle Illinois Nursing Home Fall Case

Yesterday we discussed a new report which provides helpful summary information about long-term care payments and the role of public support programs like Medicaid. As noted, the majority of nursing home residents are on Medicaid and the majority of all long-term care services (both at home and in facilities) is covered by Medicare and Medicaid jointly. One of the main reasons that these insurance options are so critical is because the actual cost of long-term care is prohibitive for many lower and middle income families.

Expensive Services
Nationwide, nursing home care averages over $83,000 per year. For a senior resident without the ability to work, it does not take much imagination to realize that the cost is likely impossible to pay out of pocket for most. Even assisted living facilities--which usually have no professional medical staff or skilled care-- cost nearly $40,000 annually. Unfortunately, the majority of seniors do not have retirement nest eggs that can cover those costs for very long (or at all). Private long-term care insurance exists, but only a few ever purchase the insurance and it is usually incredibly expensive. The same financial challenges that prevent seniors from paying for care out of pocket make it not feasible to purchase long-term care insurance out of pocket.

State Differences
It is important to appreciate that Medicaid is a joint state and federal program. That means that there are significant differences in costs and available services between states. In other words, an individual who is using Medicaid in New Mexico may have vastly different options that one who lives in New York. State public officials are the ones who make most decisions about how to operate their programs and what to provide to residents.

There are certain federal requirements or “bare minimums” that states must provide. For example, skilled nursing home care and basic at-home support must generally be covered under a state’s Medicaid program according to federal rules. But there is still significant leeway for states to make other decisions about how the program operates.

The Kaiser report notes that many states are now seeking to limit Medicaid costs by expanding “home care based services” (HCBS). The idea is to provide more robust help to seniors living in their home (nurse’s visits, meals on wheel, travel assistance, etc.) so that seniors can actually avoid the need to move into a nursing home. This usually has two benefits. First, studies consistently show that most people prefer to age in pace and are happier when they do not need to move into a nursing home. Second, the cost of HCBS are far lower than the costs of traditional nursing home stays. By delaying the time before a senior needs to enter a nursing home (or preventing it altogether) the state can see considerable cost savings.

However, one challenge is coming up with the immediate funds to pay for HCBS in the short-term. Public officials are still obligated to provide traditional nursing home care to those residents who need it. And so pumping more money in HCBS in the short term is proving a challenge. It may save money in the end, but tight budgets today make it difficult to come up with any immediate infusion of funds to see the idea through.

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Flu Risk for Seniors in Nursing Homes

Chicago Senior May Be Example of Brutal Family Abuse

Unless you shut out all newspapers, online articles, and television programs over the last week, you’ve probably heard about the “Cliff Agreement” that was reached by Congress on New Year’s Day. The compromise measure surprisingly passed both chambers with support from members of both parties--though Republicans were more likely to be opposed to the bill.

The majority of focus on the details of the plan relate to taxes. After all, the bill is actually entitled the 2012 American Taxpayer Relief Act (ATRA). That major provisions include elimination of the payroll tax, increases in the capital gains and income tax for high-earning Americans, and changes to the estate tax. There are also alterations to long-term retirement accounts, with 401(k)s converted into Roth IRAs for the purpose of generating more short-term tax revenue for the federal government.

However, taxes were not the only thing at issue in the ATRA. In fact, one issue related to elder care was included as part of the compromise bill. A Forbes story provides some helpful details of the situation. In particular, the bill does two different things which may affect long-term care services, including proper access to quality facilities void of Illinois nursing home abuse and neglect.

First, the cliff agreement repeals the CLASS Act. The Act was created in 2010 and was intended to create a “voluntary long-term care insurance system.” However, the program as written never had much of a chance of survival. That is because the numbers did not add up. Actuaries found that the premiums would be too high for most to join and without changes, the program would not be financially viable. In fact, the Obama Administration, via the Secretary of Health and Human Services Department stopped implementing the program not long after its passage. In other words, the repeal via the ATRA does not come as a huge surprise.

Alternatively, on top of axing the CLASS Act, the cliff agreement created a new federal commission to plan for better financing and delivering of long-term care services. The legislation explains the purpose of the commission thusly: “develop a plan for the establishment, implementation,and financing of a comprehensive, coordinated, and high-quality system that ensures the availability of long-term services and supports for individuals in need of such services and supports… and individuals desiring to plan for future long-term care needs.”

The new commission would be a panel of 15 members appointed by the White House as well as the Congressional leaders from both parties. Those panel members would include a diverse range of interests, from those receiving the care and providing care to front-line care workers and Medicaid administrators.

While the idea of a commission crafting novel policy to actually improve the cost and access to care for seniors is encouraging, we will have to wait and see if any of it results in real change. As virtually everyone knows, there is a big difference between creating a panel to “study” an issue and actually passing legislation that changes things. As it now stands the commission has six months to create a proposal, and Congress can then vote or not vote on any of their recommended changes.

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The Year of Elder Abuse Prevention

Protecting Senior Pocketbooks

Senior abuse is so widespread because those affected are often voiceless. One of the consequences of this dynamic is that solving the problem usually requires the action of outsiders. While educating elderly themselves is helpful, doing that alone will not end the problem. All of us need to come together, commit to be vigilant about the safety and well being of seniors in our lives, and speak up when we have suspicions.

Fortunately, there are some great advocacy groups and public entities leading large-scale programs aimed at organizing around this problem and working to end it. For example, the U.S. Administration on Aging (AOA) recently published information on the “Year of Elder Abuse Prevention.” The project includes dissemination of many different resources all seeking to educate community members about the facets of the abuse, the risk factors, prevention tips, and the best ways to report problems once they are identified.

There are many different ways to to help, and we hope you use the start of a new year to learn more about the problem and commit to ending it.

Be Vigilant About Elder Abuse
One of the simplest ways to start is by signing a pledge card--available at the project website--to promise to do something extra to prevent neglect or exploitation of a senior in the coming year. In addition, you should download many of the free resources available on the page to remind yourself of the ways to act and improve seniors. Some of those simple action steps include:

--Increase the frequency of calls or visits to senior loved ones. Obviously the longer the gap between check-ups, the higher the risk that a problem can go undetected.

--Ask group leaders (i.e. faith based communities) to share information with their organization about the dangers of elder abuse. While those of us steeped in this field talk about the problem all the time, many people never hear about it. Lack of awareness is still a problem and the more time spent spreading even basic information about the risk, the better.

--Ensure tellers at your local bank are trained in identifying possible suspicions activities with elderly customers. There has been great success stories in recent years related to bank tellers and others connected to seniors finances identifying possible exploitation and stopping it in its tracks. When these individuals ask a few more questions and try to check that withdrawals and other transactions are legitimate, much work can be done to stop some theft in its tracks.

--It is also helpful to provide support, companionship, and projects for seniors. For example, if a senior loved one has a special skill, ask him or her to share that skill with you or your children. So much abuse and exploitation is caused by isolation, and ensuring that seniors are engaged in our community is one general way to limit the problem. This sort of thing can go hand-in-hand with nursing home trips and other visits. Sharing a cup of coffee, a conversation, and some laughs can go a long way.

We hope everyone is able to do at least one thing this year--big or small--to improve the life of an elderly community members. And if at any time you suspect that a senior was harmed as a result of abuse, neglect, or exploitation, please contact our senior abuse lawyers to see how we can help.

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Protecting Senior Pocketbooks - Who Is At Risk?

Consumer Voice Passes Along Bed Rail Petition

It is well known that most nursing home residents are participants in the Medicaid and Medicare programs. Medicare is the health insurance program for seniors while Medicaid provides support for those with low-incomes. Medicare generally only pays for short, rehabilitative nursing home stays. Residents who need to move into a nursing home for a longer period of time usually need Medicaid support to pay for that care.

All of this means that the constant policymaking confusion and budget concerns about these programs understandably worry local seniors. So many actual lives hang in the balance with support for these programs, and so everything possible needs to be done to preserve the stability of the institutions. Undoubtedly this might involve large-scale restructuring of tax rates, reimbursement details, and similar matters. However, another facet is simply working to cut down on wasteful medical spending and fraud.

Fighting Medicare Fraud
In an attempt to ensure no spending is wasted, since his election in 2008 President Obama has been particularly aggressive about rooting out wasteful Medicaid billing. That includes pursuing those who abuse the system in order to maximize their own profits. Billions of dollars are spent each year on unnecessary, inefficient, and fraudulent services.

Crain's Chicago Business discussed the stepped up efforts to tackle this problem in our city. According to the story, the number of criminal prosecutions of medical professionals in Chicago has gone up steadily in recent years. In the past there were only a handful of such prosecutions total, but there have been twenty in the last year alone. This is not a sign of a growing problem but is instead indicative of stepped up enforcement efforts to tackle a problem that has been raging for some time.

The stories coming out of Chicago alone are shocking. For example, there are criminal cases for fraud in our area related to billing for more than 24 hours of service in a single day by a single person. At other times home health aides are billing for care provided to individuals who were dead at the time that the services were supposedly performed. At other times certain medical industry workers bill for use of expensive equipment when in reality the patient actually only received substandard equipment.

The root motivation in all cases is the same: get more money from public coffers by doing less for actual patients. Not only does this problem affect the bottom-line budgets of these fragile programs, but it also often leads to serious harm to patients. It is imperative that seniors using Medicare actually recieve the quality of equipment and full extent of services that they need. Medical professionals should never be able to get away with providing less and billing more.

Fortunately, the increased effort to root out Medicare fraud seems to be working. For example, nationwide statistics indicate that since 2009 the U.S. Attorney General's office has been able to re-coup over $11 billion in funds. Those stats shouldn't be underestimated. Thousands and thousands of seniors might now receive care thanks to those funds which otherwise would be a significant dent on the program budget. All serious efforts seeking to preserve Medicare and Medicaid for the long-haul must take these fraud issues into account.

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Doctor Accused of Fraud in Illinois Pharmaceutical Kick-Back Scheme

Much of the nation went to the polls on Tuesday to cast a vote in the myriad of elections scattered across the country. Of course, the most high-profile contest was the Presidential election; it was hard to watch television, walk down the street, or check you social media status without being reminded of the election in the last few months. All of that ended this week with U.S. President Barack Obama reelected for a second term, to serve for the next four years until 2016.

Some might hope that with the election over, the political talk will end. However, in reality, the election is just the beginning, and the administration (along with the public) will hopefully be engaging in long discussions in the coming months and years about the best way to help solve the various problems and challenges that lay before us. Some of those issues relate directly to the health, well-being, and care of Americans seniors.

Many might naturally be wondering what the President's re-election means for those who need long-term care, like nursing home residents. Helpful, the Consumer Voice--one of the nation's leading advocacy groups for seniors--sent an email to supporters after the election discussing a few of the major impacts of the President's re-election. Of course, the candidates had different ideas for how they would handle certain issue which impact seniors and their families. And while we do not know for sure how these things will shake up in the coming months once dragged through the political process, we can make some assumptions based on what the President has done in the place and said he plans to do in the future.

For one thing, the most high-profile aspect of the re-election is that most details of The Affordable Care Act (Obamacare) will likely remain law. Governor Romney had promised to try to repeal this on "Day One," but that won't be happening now.

The same rings true for the Elder Justice Act. The important measure may have been cut back or eliminated if certain officials have been brought to office who had different ideas about its use. With the President's re-election, this measure will likely remain law and, hopefully, be fully implemented.

The Consumer Voice also suggested that with the President's re-election, it is likely that more options will be on the table for home health care. That is because programs like the Community First Choice Option and Medicaid's HCBS State Plan Option will be preserved and alter so that they can best serve consumers.

Beyond those specific programmatic details, the general direction of President Obama's budget decisions will likely impact some very important senior care issues. Yet, it is impossible to say with certainty what those changes might be, because the President does not have sole control of these decisions. The President will likely push for full funding of the Elder Justice Act, but he will be required to work with a U.S. House of Representatives (as before) that is made up of members of the opposing party.

Also, it would be remiss not to mention that, no matter who was elected, some tough budgetary decisions might need to be made. We continue to operate on an annual budget deficit, year after year. Both candidates for President expressed the reality that things will have to change so that we are not in the red every year. However, changing things will require both spending cuts and revenue increases. Both candidates agree in theory, though, in general President Obama was more comforable with an even balance between speding cuts and increases while Governor Romeny's plan more heavily emphasized cuts. All told, the President's re-election might mean more reasonable cuts, but seniors and their loved ones should still be prepared for some of these changes in the coming months and years.

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"Panel" As Alternative to Trial - Reminder of Need to Protect Patient Rights

Personal Story Behind Medicare Settlement

Another nursing home related lawsuit was filed against the state of Illinois, alleging unfair treatment of residents with disabilities. We can likely expect more of these types of suits as very tough budget decisions are made at the state and federal level. With public budgets deeply in the red very difficult decisions will need to be made--much may hinge on who wins local, state, and federal elections this cycle. Those policymakers will decide how to deal with the financial trouble. Considering that public support for the sick and those with disabilities is such a large share of the budget, certain changes to that support is likely.

But it is one thing to say that financial change might be necessary, and it is another to say that all cuts or rules are fair, logical, or even legal.

Nursing Support Over 21
The critical issues in this latest suit, as discussed in an “Opposing Views” article, is the state support to individuals with disabilities who turn 21 years of age. The argument is that the state”illegally and drastically” cuts support to individuals who need at-home nursing support as soon as they reach 21 years old. It doesn’t take much to imagine what severe cuts have on the lives of these individuals who have come to count on the support to get by each day.

The latest suit was filed in federal court as a class action matter and names a young disabled man as lead plaintiff against the defendant Illinois Department of Health and Human Services. The plaintiff is set to turn 21 years old this month. He is developmentally disabled and is blind. On top of that he faces seizures, severe scoliosis, and spastic quadriplegia.

His mother describes that he need about 12 hours of at-home skilled care a day. This costs about $12,000 per month. Yet, the mother suggests that that alternative--institutionalized care--would cost $55,000 a month.

The Program & Problems
The plaintiff here receives at-home support via the “Private Duty Nurse” program (PDN) Yet, PDN is only available to those under 21. Once the age threshold is crossed the individual generally loses half of their government support. That is because that age triggers a shift to a different state program. That alternative program comes with very steep caps on support. This places local families in a terrible position. They are required to either move their child out of the house and into an institution or try to care for them at home without the resources, often an impossible option which places the child’s life in danger.

Interestingly, the family leading the charge in this suit claims that five other Illinoisans with disabilities have filed similar suits in the past--and won. The complaint also notes that a 2010 class-action lawsuit along the same lines resulted in 23 medical patients receiving interim relief.

Yet, despite these legal losses, the state continues to reduce medical funding to others in a similar situations. That is why this latest class-action suit was brought, hoping to settle the matter once and for all to ensure these individuals receive the care they need.

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Family Tries to Challenge Constitutionality of California Malpractice Compensation Law

Medical Lobby Set to Make More Demands on Congress

The American Association of Justice issued a new report today regarding an unfortunate example of hypocrisy when it comes to major interest groups interfering in the justice system.

The U.S. Chamber of Commerce has spent millions of dollars and focused immense resources on lobbying campaigns aimed at limiting regular consumers’ access to the courthouse. The group has its own affiliate, the Institute for Legal Reform, which works every day to add barriers and restrictions to the right of individuals harmed by corporations to file lawsuits against those corporations.

Our Chicago nursing home attorneys at Levin & Perconti continually work for the opposite cause: to allow all victims the same balanced access to the nation’s justice system. We do not believe that there is anything wrong with allowing our truth-finding judicial process to play out. There is nothing to fear from allowing potential victims, no matter where they come from or how much money they have, to enjoy their day in court. In that way, the system truly creates a level playing field where single individuals can stand up to anyone and seek justice. It is that same process that allows a vulnerable nursing home senior who is abused by his caregivers to stand tall and seek redress against the abusive nursing home company that caused his suffering.

Groups like the U.S. Chamber have worked to limit the rights of victims in that way—working hard to bar the courtroom door. But a new AAJ report explains that the Chamber only likes to bar the door to regular individuals, because the organizations itself files hundreds of lawsuits each year to advance its own interests. Apparently the justice system is only fair to the Chamber when they are doing the suing.

The National Chamber Litigation Center, the part of the organization charged with filing lawsuits on behalf of the group, annually files over 130 suits. Nearly 2 times a week, the group is at it again using the court system to advance it goals—while at the same time claiming that regular individuals shouldn’t have fair access to that same court system.

To read more about this shameful example of unequal access to American Justice, check out the full AAJ report Here.

The American Association for Justice released a comprehensive new report entitled, “Standing Up For Seniors: How the Civil Justice System Protects Elderly Americans.” We continue our look at the forms of senior abuse discussed in the report by considering the ways in which insurance predators scam vulnerable seniors.

Many elderly community members are faced with a complicated array of offers, demands, and questions that involve their financial affairs. In too many cases, insurance companies are behind the attacks, attempting to use the senior’s unfamiliarity to swindle them out of their savings.

For example, over the 1980s and 1990s agents from the Inter-state Service Insurance agency signed up many seniors for insurance policies at rates that they thought would stay the same price. However, using deceptive maneuvers, the company continually increased the rates. Some victims ultimately found that their rates had increased by a staggering 800% in a few years. Regulators could not help the victims, because the policies were technically legal. As a result, many seniors were forced to simply drop from the insurance roles—essentially allowing the company to keep thousands and thousands of dollars from the victims without ever having to pay even a dime for their policy.

Unfortunately this is simply one of many examples of vulnerable seniors being taken advantage of by insurance companies. National Heritage Life Insurance Company, Prudential, and United American Insurance have all been implicated in company-wide practices that take money from the elderly.

Our Chicago elder care attorneys at Levin & Perconti are proud to be a part of a profession that has continually worked to assist seniors taken advantage of in their scams. We work every day to ensure that all those who would use our elder citizens as a way to enrich themselves are held accountable. If you or someone you know may have fallen victim please contact a senior abuse lawyer today.

Please Click Here to view the full copy of the AAJ report.

Today we continue our examination of the American Association for Justice’s comprehensive new report entitled, “Standing Up For Seniors: How the Civil Justice System Protects Elderly Americans.” We will consider the general neglect that many seniors endure at nursing home and similar locations.

Very frequently on this blog, we discuss the tragic cases of elder neglect that claim the lives of our vulnerable seniors. Unfortunately, we never go a day without hearing news of another resident who has died or been severely harm because they were denied even the most basic level of care and comfort while stuck at one of these facilities.

A hidden truth is that when seniors dies of neglect at problematic nursing homes a different label is always used---malnutrition, dehydration, bed sores, infections, and others. Far too often these health problems are simply the natural outcome of a lack of basic medical care that all seniors deserve. If cleanliness, nutrition, exercise, and other staples of proper nursing home treatment are observed on a daily basis than these types of deaths rarely, if ever, occur.

But when that care is ignored, neglectful deaths are prevalent. For example, 78-year old Margaret Hutcheson eventually died from severe pressure sores, malnourishment, and dehydration. Other heinous examples abound: a leg that had to be amputated when health care workers allowed maggots to infest a wound or Alzheimer’s patients trapped in a kitchen freezer.

Nursing homes continue to try to hide the problem. Over 14,000 residents die each year due to malnutrition and dehydration alone. Yet, many nursing home conglomerates claim that it is nothing to be alarmed about because it is a natural part of the dying process. Medical experts, however, will explain the truth that, “people should not be dying of malnutrition or dehydration. It’s really neglect, and we should call it what it is.”

Our Chicago nursing home attorneys at Levin & Perconti are experienced in handling unacceptable treatment of residents at these facilities. Our lawyers have been involved with these cases for decades and understand that many new “for-profit” nursing home continue to reduce the quality of the care they provide to boost their bottom line. Discouragingly, government regulations of this problematic care are only a minor inconvenience for these large nursing home chains. They can afford to pay minor fines and move on without changing their practices.

That is exactly why our nursing home lawyers are committed to seeking real justice when these businesses destroy the lives of seniors or add to their suffering. In that way, real problems are addressed and future victims are spared similar loss.

Our look at the new AAJ Report will continue next time with consideration of the very common problems associated with bed rails.

Please Click Here to view the full copy of this report.

The American Association for Justice released a comprehensive new report entitled, “Standing Up For Seniors: How the Civil Justice System Protects Elderly Americans.” In this post we will consider the devastating effect of many unfair insurance denials.

The report shares the tragic story of a victim of this form of abuse named Rudy. After decades on a farm, raising his children and sharing his life with his wife, Rudy was eventually persuaded to move into a nursing home. His wife had passed away and he risked too much by living alone on his farm.

Luckily, Rudy was prepared for this possibility. Years before he had bought long-term care insurance. He had paid his premiums dutifully and the insurance company at first honored his far-sighted planning and paid the costs of his care. However, after three years the company decided they no longer wanted to pay for Rudy’s care. They sent him a letter explaining that his benefits were being cut off; they used the excuse that his stay in the nursing home was suddenly “no longer necessary.”

Unfortunately, Rudy’s story is shared by thousands of other seniors who have fallen victim to insurance companies who place profits over fulfilling their obligation to their clients. Our Chicago nursing home attorneys at Levin & Perconti have decades of experiences dealing with the intricacies of insurance companies and their policies. Our lawyers are trained specifically to deal with all facets of the insurance process, from collecting on wrongfully terminated nursing home care benefits to ensuring that claims are properly negotiated.

Unfortunately, many insurance companies have finely tuned tactics to delay paying out on claims—often leaving vulnerable seniors in the lurch. One former insurance company executive explained, “The bottom line is that insurance companies make money when they don’t pay claims. They’ll do anything to avoid paying, because if they wait long enough, they know the policyholders will die.”

Many companies have also been found to knowingly mail the wrong forms and then terminate payment because of paperwork errors.

Our nursing home attorneys work every day to fight that shameful approach to insurance protection. There is simply no excuse for the scheming means by which many of these companies place profits over proper care. Be sure to contact nursing home lawyers to help fight these practices.

Tomorrow we will continue our look at the new AAJ Report and consider the very common forms of neglect inflicted upon seniors at nursing homes.

Please Click Here to view the full copy of this report.

The nursing home lawyers at Levin & Perconti have handled all types of abuse and neglect lawsuits against Alden nursing homes throughout Illinois for many years. Today's Chicago Tribune tells the story of at least thirteen children in the Chicago area who fell victim to abuse and neglect at Alden Village North, a nursing home located at 7464 N. Sheridan Road in Chicago.

The Tribune's article exposes the sad truth that abuse and neglect not only happens to the elderly living in Illinois nursing homes, but also to younger residents who require ongoing medical treatment that they cannot receive at home. Parents and family members place their trust with nursing home staff to care for their loved ones, but unfortunately neglect and abuse occur, often due to negligent hiring and short-staffing. One of the victims in the Tribune article was just two years old when he died of asphyxiation because staff at the facility failed to properly monitor his tracheotomy tube for over 3.5 hours. The child had a habit of playing with the tube but staff did nothing to prevent this behavior and did not notify his physician of his actions.

In another sad case, a nine-year-old boy who suffered from severe cognitive deficits died due to nursing home neglect. Staff failed to properly care for his g-tube, failed to notice a change in his condition and failed to communicate these changes to his doctor. As a result, he died from bowel obstruction and an infection at a local hospital.

Continue reading "Neglect Running Rampant in Alden Village North, a Chicago Nursing Home" »

The American Association for Justice released a comprehensive new report today entitled, “Standing Up For Seniors: How the Civil Justice System Protects Elderly Americans.” This valuable new document offers a great overview of the specific instances in which many seniors are victimized and the ways that attorneys, like our Chicago nursing home lawyers at Levin & Perconti, can help vindicate their rights.

As the report indicates, many people are unaware that a majority of nursing homes are run as for-profit businesses, often part of large chain facilities owned by single corporations. Unfortunately, the drive for profit typically means that senior care is sacrificed. In many ways the need to cut expenses automatically sets up many of these facilities for negligent care. For example, for-profit facilities have 32 percent fewer nurses than their non-profit counterparts which has led to 47 percent more deficiencies in elder care at the business driven homes.

There have always been some problems with the quality of care at many nursing homes. However, as this report documents, the problem is actually on the rise. In the last eight years, between 2000 and 2008, there has been a 22% increase in breaches of elder care that are deemed likely to cause death or serious bodily harm to residents. The problem is not limited to only a few bas facilities, however, as over 90% of nursing homes have been found guilty of at least one violation.

The best way to help stem the tide of abuse, neglect, and mistake is to remain vigilant about enforcing nursing home laws. Rules and regulations are in place that demand high quality care be provided at all of these facilities. It is vital that we properly enforce those standards. Enforcement requires a combination of strong legal advocacy and vigilant community members, willing to seek legal help when they suspect violations have occurred at facilities nearby.

Over the next several days, we will take a closer look at this helpful new report and publish a series of posts that examine the specific concerns raised in this legal analysis of senior care.

Please Click Here to view the full copy of this report.

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.

A 38-year-old woman in fine health decided to enter a nursing home in order to experience the difficulties associated with the specific type of living. The medical student was enrolled in a novel program that allowed her to experience life as a nursing home patient. In this program students are given a “diagnosis” of an ailment and expected to live as someone with the condition does. Geriatric specialists hope the program and others like it help generate interest in the profession, which is one of the most underrepresented fields in medicine. Many students are reluctant to get into the field because it is among the lowest paid in medicine. In 2005 there was one geriatrician for every 5,000 people over 66. However, by 2030 that ratio is expected to increase to one for every 8,000 patients. There is a crisis of lack of experienced doctors able to treat the elderly. The student’s interested was peeked after the program and she is looking forward to a career in geriatrics. This program could inspire more doctors to enter the field, greatly improving nursing home care. Nursing home negligence would diminish if there were more qualified doctors. To read more about the nursing home program, please click the link.

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.

Every year as many as 10% of older adults are reportedly abused by a family member. Of course these numbers do not reflect the actual number of reported elder abuse cases, because oftentimes elder abuse goes unreported. The elderly are a particularly vulnerable population for a number of reasons and they oftentimes rely on professional caretakers or family members to help them through their daily routines. Along with physical and emotional abuse, the elderly are susceptible to many types of elderly abuse that could lead to drastic circumstances. One typical type of abuse is financial exploitation. Family members oftentimes ask for power of attorney in order to financially exploit family members. Also elderly neglect often times leads to the humiliation of elderly residents. One cruel example of this is when caretakers wait until the elderly person has already soiled themselves to help them to the toilet. In order to help contact one of the many agencies those specializes in elder abuse or contact your congressman about pending nursing home legislation. To read more about elder abuse, please click the link.

The National Center on Elder Abuse says adult protective service agencies nationwide tallied 253, 421 reports of elder abuse in 2006. This amounts to 832 cases of elder abuse per 100,000 in that age group. While this may seem like a small number, research has shown that as much as 84 percent of elderly abuse and neglect goes unreported to authorities. This brings the estimate that as many as 5 million older Americans in fact may be victims of elder abuse each year. One state received an increase of 40 percent in elder abuse in six years. Elder abuse has been defined as denying ailing elderly people food, medicine or help with hygiene to ignoring people with Alzheimer’s or dementia who may wander from there home. Unfortunately it can extend to physical abuse or murder. Oftentimes elder abuse falls at the hands of the person’s caregiver. It is vital that the authorities who receive reports of elder abuse are trained to address the problem. Also advocacy groups that educate the public should help reduce the number of unreported elder abuse. To read more about the nursing home study, please click the link.

One of the biggest problems with elder abuse is that it is rarely reported. The elderly tend to be either or embarrassed or unaware of abuse, so it is important that family members recognize the signs of elderly abuse. Here are some signs to look for regarding elder abuse or neglect:
1. Unexplained bruises, cuts or soreness. Check to see if there are a pattern of bruises, cuts or soreness.
2. Guarded behavior such as reluctance or avoidance of conversation
3. Observed changes in the elderly person’s behavior around others. Ask whether your family member becomes quiet or cower when others are present.
4. Is the elderly person clean and comfortable?
5. Is the elderly person always asking you for food or water?
To read more about the signs of elderly abuse, please click the link.