October 27, 2010

US Chamber Uses Justice System Itself While Blocking Justice Rights of Others

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.

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October 18, 2010

Standing Up For Seniors Report: Scams

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.

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October 12, 2010

Standing Up For Seniors Report: Neglect

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.

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October 11, 2010

Standing Up For Seniors Report: Insurance Denials

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.

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Posted In: Useful publications

October 8, 2010

Neglect Running Rampant in Alden Village North, a Chicago Nursing Home

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" »

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Posted In: Abuse, Alden Nursing Home Abuse and Neglect, Chicago Nursing Homes, Compromised Care, Compromised Care: Tribune Investigation, Failure to Report Abuse, Incidents, Nursing Home Abuse, Nursing Home Study, Staffing Issues, Useful publications

October 7, 2010

New Report: How the Civil Justice System Protects Elderly Americans

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.

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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

August 25, 2009

Program May Improve Quality of Care in Nursing Homes

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.

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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

August 22, 2009

When the Caretaker becomes the Abuser

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.

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August 20, 2009

Study Shows Severe Underreporting in Elder Abuse

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.

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Posted In: National Nursing Homes, Abuse, Useful publications

August 19, 2009

Steps Needed to Recognize Elder Abuse

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.

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Posted In: National Nursing Homes, Abuse, Useful publications

April 28, 2009

Chicago’s Latinos Face Cultural and Financial Barriers When Accessing Quality Nursing Home Care

A Brown University Study shows that more than 74,000 nursing home residents have bed sores in five states with high Mexican-American populations. This study mirrors conditions in Chicago, Illinois long-term care facilities. The report concluded that residents in nursing homes with overwhelmingly Latino patient populations are more likely to suffer from bed sores than those in nursing homes with mostly while patients. Experts say that there is a very limited methodology available to understand the course of life for Latinos in the U.S. and the stress that causes high mortality rates in an older Latino population. Chicago’s Latinos tend to be quite young, thus senior care is not the foremost health concern in the community. The large number of illegal Latino immigrants creates problems when many facilities are paid by Medicare. Governor Pat Quinn stated that he will commit $1.7 billion to help repay the state’s $2 billion in overdue Medicaid bills to health care providers. To read more about the nursing home study and it’s relation to Chicago, please click the link.

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Posted In: Illinois Nursing Homes, Hot Button Issues, Pressure Ulcers, Useful publications

December 18, 2008

Nursing Home Rating System Open to Public

The Centers for Medicare and Medicaid Services has created a new ranking system for nursing homes. The system which appoints between one and five stars to nursing homes will allow the public to review a nursing home before placing a loved one in the facility. The rating system looks at staff levels which are crucial for proper nursing home supervision and to prevent elder accidents such as broken hips and nursing home falls. The system also looks at inspection reports based on past nursing home complaints, usually related to elder abuse and elder neglect. This new rating system also looks at quality control measures to ensure that nursing homes are run appropriately. To read more about the new nursing home ranking system click here.

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Posted In: How to choose a home, Selecting a home, Useful publications

June 10, 2008

American Geriatrics Society's New Report on Assited Living Facilities

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.

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Posted In: Illinois Nursing Homes, How to choose a home, National Nursing Home News, Selecting a home, Useful publications, Useful publications

May 12, 2008

Useful Publications: Analysis of State Adult Protective Services Laws

The National Center on Elder Abuse has put together a very useful set of charts and information about various state laws governing adult protective services. This resource is especially useful for attorneys who practice in nursing home abuse and neglect or handle other legal matters for nursing home residents who may need to consider state resources for clients who may lack capacity. This information is also helpful for families who may not have sufficient resources to take care of all of their elder's needs and need to seek assistance from the state. Additionally, some nursing home residents without active family members may come under state care if they are no longer able to participate in their care or are suffering from a condition that impairs their abilities sufficiently.

See the charts here.

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Posted In: Illinois Nursing Homes, National Nursing Homes, Useful publications

May 6, 2008

Centers for Medicare and Medicaid Services Releases its Action Plan for Nursing Home Improvement

The Centers for Medicare and Medicaid Services (CMS) has released its action plan for nursing home improvement. CMS is responsible for establishing standards for national nursing home care by developing the standards, inspecting homes, and collaborating with other organizations to help ensure standards are met. The CMS action plan lays out the 2008 goals and milestones for improving nursing home standards including plans on improving treatment and management of bedsores and pressure ulcers, ways to improve feeding by using dedicated feeding aides, and other means of improving nursing home care.

Read the full action plan here.

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Posted In: Illinois Nursing Homes, National Nursing Homes, Knowing your rights, National Nursing Home News, Useful publications, Useful publications

April 25, 2008

Centers for Medicare and Medicaid Services Adds New Website to Disclose Bad Nursing Homes

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.

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Posted In: Illinois Nursing Homes, Alden Nursing Home Abuse and Neglect, Bad nursing homes, Beverly Nursing Home Abuse and Neglect, Care Centers Nursing Home Abuse & Neglect, How to choose a home, How to tell if your nursing home is bad, Selecting a home, Useful publications, Useful publications, Useful publications, Useful publications

April 18, 2008

What to do in a Nursing Home After an Earthquake

After Illinois experienced an earthquake today, it is important to know what nursing homes should do in the event of an earthquake to ensure resident safety and prevent nursing home injuries. The Central United States Earthquake Consortium has a useful publication on nursing homes and earthquakes. Luckily, nursing homes tend to have fewer structural obstacles than hospitals. However, it is not unlikely that a nursing home in Illinois has not prepared an earthquake plan. Nursing homes should be sure to secure nonstructural items like bookshelves, pianos, and large room dividers that could shift during an earthquake and cause nursing home resident injuries.

For more, click here.

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Posted In: Illinois Nursing Homes, Useful publications, Useful publications

November 18, 2007

Useful publications cited in thought provoking blog by Lisa Nerenberg

Lisa Nerenberg, who has been involved in the field of elder abuse prevention since 1983, publishes a blog with posts concerning financial exploitation, identity theft, cognitive impairment and undue influence, care giving issues and cultural and gender issues. A recent post, "Geriatricians, Angry and Otherwise," is a provocative commentary which highlights useful and interesting readings. The readings cover a wide range of topics, including, "the social and economic factors that contribute to elder abuse, including ageism in healthcare, inadequate pensions, and poverty," and a surgeon's description of the field of geriatrics. In addition, Nerenberg includes interesting references to global trends in elder abuse.

Click here to read Lisa Nerenberg's blog

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Posted In: Nursing Home Links, Medicaid and Medicare Fraud, Useful publications, Useful publications, Useful publications, Useful publications

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