Illinois Nursing Home Abuse Blog

The Los Angeles Times reported this week on tragic events surrounding the death of a local nursing home resident. A 60-year old female resident at the Eskaton Care Center died following complications of a fall that should have been prevented.

The resident had a heart condition, muscle wasting disease, and diabetes. The ailments forced her into a wheelchair and necessitated that she get help when entering and leaving her bed. However a recent state investigation into the death of the woman discovered that the negligent nursing home should have prevent the death.

Specifically, the investigation revealed that nursing home staff members failed to use the necessary mechanical lift when moving the women into her bed. Instead, a single female nurse was holding the woman and using a sling to make the move from wheelchair to bed. The sling broke during the transfer, sending the female resident crashing down, hitting her head twice on a nearby door. This particularly sling had not been checked for stability in five years, even though law required it be examined every month.

Following the fall the resident was rushed to the emergency room. She suffered from bleeding on the brain and soon after suffered a stroke. The resident ultimately passed away four days later.

The facility has been fined $100,000 following the preventable nursing home fall.

Our Chicago nursing home attorneys at Levin & Perconti continue to be amazed by the steps that many facilities continue to avoid taking, even though it is clear that lives will be saved. Time and again facilities continue to make risky decisions on behalf of the vulnerable residents in their care. It is important for the victims of these mistakes to continue to press for their rights so that future nursing home residents are spared the pain of these errors.

Lawsuits and Settlements recently discussed troubling allegations levied at the mammoth drug-making company Johnson &Johnson. Specifically, the company is charged with going too far to push certain medications onto senior citizens.

The newly filed nursing home lawsuit alleges that the company worked with pharmaceutical giant Omnicare to push Johnson & Johnson drugs onto vulnerable nursing home residents. According to the lawsuit, Johnson & Johnson paid Omnicare to label its drugs “preferred”—a designation that was intended to indicate medications rated highly for clinical effectiveness in the geriatric community.

One of those drugs is Levaquin, an antibiotic treatment for certain bacterial infections. Other named medications involved in the operation include Floxin, Risperdal, Ultram, Duragesic, Procit, and Aciphex.

Consumer affairs reports that this type of conspiracy is strictly prohibited by Medicare laws. As a result of these activities, consumers were ultimately charged more for the medications than they otherwise would have been required. Specifically, many nursing home residents already had other medications being administered to them, only to have that switched unnecessarily to Johnson & Johnson products.

Omnicare is a company that has been reported on frequently on this blog. In the most recent case, the company was involved in highly questionable local dealings with Chicago nursing home owners charged with illegal medication contract commitments being tied into the purchase of several local nursing homes.

Our Chicago nursing home attorneys at Levin & Perconti understand that many nursing home residents are up against very large, influential organizations when they struggle to receive the care they deserve. Our attorneys continue to work every day to fight for the fair treatment for these vulnerable seniors against the influential businesses that too often place profits over care.

A nursing home is testing all of its residents for a potentially deadly disease following a contamination of the facility’s water supply reports Go Erie News.

The Golden Living Center-Walnut Creek admitted last week that Legionella bacteria was found in its water supply. One resident has already been positively diagnosed with the Legionnaires’ disease and several other residents have already shown symptoms—they are being monitored. The rest of the patients of the facility are also being tested to ensure that they did not also fall victim.

The nursing home is currently conducting a sweep of the facility’s water supply in an effort to cleanse the problem away. A company was hired to flush a disinfectant through the pipes. Once that occurs, the next step in handling the issue is installing a copper-silver ionization system to ensure that the bacteria does not return to the facility.

The Center for Disease Control explains that Legionnaires’ disease first appeared in the mid-1970s when a strange outbreak affected 250 patients, ultimately killing 34 of them. The bacteria may incubate in patients for up to two weeks before symptoms appear. As the bacteria advances, it causes problems in the nervous system as well as the gastrointestinal tract. It is most damaging in those with weakened immune systems, like the elderly.

Much like hospitals, nursing homes are often centers were disease and infection run rampant among individuals who are particularly susceptible to health problems. Because of that our Chicago nursing home lawyers at Levin & Perconti are well aware of the precautions that all facilities must take to ensure that their residents remain protected. In most cases where these and similar problems occur, nursing home officials claim that the error was an isolated incident that could not have been avoided. However, with some investigation it often becomes clear that the incident should in fact have been stopped if only employees had taken more reasonable precautions or abiding by nursing home laws.

Cynthia Wims entered the Willows Nursing & Rehabilitation Center for what was supposed to be a brief recovery period following elective hip replacement surgery. Unfortunately, she would never leave the facility alive. The Cap Times recently published a detailed story on Cythnia’s struggle.

Cynthia’s health seemed to deteriorate each day that she was at the facility. Her surgical wound never improved as expected, and she instead developed a staph infection. Staph infections are rarely life threatening, and doctors are usually able to treat it without too many complications. However, Cynthia never got treatment, because not one of the rehabilitation employees at the facility took any steps to take care of the medical problem. A doctor was never called, her wounds were never treated, and Cynthia’s husband was forced to take her clothes home to wash every day because drainage from the wound soiled them.

Less than a month and a half after arriving at the negligent nursing home, Cynthia died. She left behind a husband of fifty years, several children, and many grandchildren. Cynthia’s husband filed a nursing home lawsuit following her death, and recently settled the case for over $2.25 million. The settlement was reached with the large nursing conglomerate that owned the facility.

Our Chicago nursing home attorneys at Levin & Perconti have helped many families in similar circumstances win settlements and awards following deaths at nursing homes. It is important for all those who have suffered a loss that could have been prevented to contact nursing home lawyers to learn about the rights that they may have. We may never be able to put an end to all negligent nursing home conduct. However, with each new family that comes forward and fights for their right to proper treatment, more facilities are forced to improve the care that they deliver on a daily basis. In that way, each new legal victory is another step closer toward ensuring that current nursing home residents do not fall victim to abuse and neglect.

Please Click Here to read more about the troubling case of nursing home negligence that killed Cynthia Wilms.

The Montgomery County Courier published a story yesterday on the tragic death of a beloved community member. Attorney Don Brown had devoted his life to helping his less fortunate neighbors. As a criminal defense attorney he volunteered hundreds and hundreds of hours helping those who couldn’t afford legal services. In one high-profile case, Brown helped saved the life of an innocent man who was sent to death row.

Don Brown was always ready to help those who were vulnerable around him. Unfortunately, he was not afforded the same care when he entered a nursing home following several heart problems. He entered the Willis Nursing and Rehabilitation Center in mid-August because he needed close care following complications from congestive heart failure and a broken hip. He assumed that the facility would provide the optimal location to recovery following a surgery. The nursing home offered long-term acute rehabilitation and skilled nursing care.

But Don did not receive the care to which he was entitled. Virtually as soon as he arrived, staff members put him on a medication regime that was far stronger than necessary. He received anti-psychotic drugs and large doses of Vicodin. As a result, Don had trouble eating and eventually suffered from kidney failure. Besides the overmedication, employees failed to treat his infections and bedsores. The mistreatment was so severe that part of Don’s tailbone was protruding from his skin.

Only a few weeks after arriving at the facility, Don was sent to a nearby hospital with pneumonia. He died from complications three days later.

Our Chicago nursing home attorneys at Levin & Perconti work each day to help eliminate the abuse and neglect that takes the lives of innocent residents at many facilities. The first step in improving the care is to ensure that a spotlight is shone on the problem, forcing problematic nursing homes to make changes to their substandard care. If you know of any similar mistreatment, please contact a nursing home lawyer today.

A new nursing home lawsuit has recently been filed alleging misconduct following the tragic death of a 71-year-old nursing home resident

Nancy Kinder was living at the Hunter Acres Caring Center, reports KSPR News. However, while at the facility staff members did not provide the proper oversight and close care that Nancy needed. In mid-March of this year that negligent care ultimately led to Nancy’s death.

On March 18th Nancy was found dead near railroad tracks that ran close to the nursing home. At some point in the day, she had wandered out of Hunter Acres and stumbled onto the tracks where she was hit.

Our Chicago nursing home attorneys at Levin & Perconti are saddened that a vulnerable elderly nursing home resident would be allowed to leave the facility alone and into dangerous surroundings. However, our lawyers know all too well that wandering and elopement are some of the most common ways that nursing homes fail to provide the care to which they are required. Elopement is a particular concern, such as in cases like this, because there is no excuse for a resident to be able to leave a facility without supervision, without being noticed, and walk right into an extremely dangerous environment.

The very reason that many seniors live in these facilities is specifically because they need close assistance to handle the myriad of dangers that exist in communities. All nursing home employees know of this danger and should be specifically trained to ensure that residents are not put into positions that could lead to deadly consequences. But as this case shows, many facilities still fail to meet that basic standard of care.

If you know of a nursing home that has similar problems, please contact a nursing home lawyer today.

Northern Virginia Daily reported yesterday on a new nursing home lawsuit filed by the family of an elderly victim. The new suit filed against Evergreen Health and Rehabilitation Center accuses health care workers of negligent actions leading to the death of Mary Ellen Hillyard, a resident of the facility.

Two years ago in mid-June, Mary Ellen suffered a massive hemorrhage while she was at the nursing home. She was rushed to a nearby hospital where she was temporarily stabilized. However, she never fully recovered from that medical problem and passed away three months later.

When trying to piece together the actual cause of Mary Ellen’s death, it was discovered that nurses and assistants at the Evergreen nursing home had engaged in very questionable and, in fact, outright dangerous medication treatments with their elderly resident. Specifically, the medical employees gave Mary Ellen a troubling mix of medications at the same time---including anticoagulants that were duplicative and contraindicated. In other words, the medication had value when taken alone but became potentially lethal when given to one patient at the same time. The medications included aspirin, Coumadin, and Plavix.

The combination of the medications ultimately led to Mary Ellen suffering the hemorrhage from which she never recovered.

Evergreen nursing home failed in its duty to provide, competent, safe medical care to the residents who resided at the facility. Our Chicago nursing home attorneys at Levin & Perconti have witness similar abuse all across our city and its suburbs. As in this case, employees at these facilities often provide care that falls below the required standards. Medication is administered haphazardly, wounds are allowed to fester, residents are permitted to wander in dangerous locations, and countless other acts of negligence harm seniors on a daily basis. The unfortunate fact remains that our loved ones are never as safe as we expect they should be when under the care of professionals at a nursing home. That’s why it is imperative to pay close attention to all injuries suffered by our elderly friends and family, and seek nursing home legal advice when we suspect that the deaths or injuries could have been prevented.

Last week we reported on the arrest of 14 different nurses at the Northwoods Rehabilitation Center and Extended Care Facility. Following a state investigation the nurses were found to have committed a series of resident abuses and attempted to falsify records to cover up their bad conduct.

In that case investigators set up a hidden camera in the room of a 53-year old resident to monitor her care. The negligent and downright abusive behaviors that were caught on film led to the mass arrest earlier this month. The investigation ultimately led to a 175 count indictment against the women for failing to administer medications, failing to treat bedsores or check for incontinence, failing to change undergarments, and then falsifying records.

Now the Times-Union is reporting that another state probe was conducted last year at the same facility for sexual abuse of a resident there. In that case, a 53-year old nurse was arrested for sexually fondling an incapacitated 78-year old woman.

State officials now explain that the information that gathered about the nursing home following the sexual assault case of Gunderson played a role in the operation which led to the arrest of 14 nurses.

Our Chicago nursing home attorneys at Levin & Perconti know full well that many negligent nursing homes continue to provide unlawful care even after problems are uncovered. It is for that reason that it is important for all examples of abusive and negligent nursing home care to be brought forward and handled. Many facilities only take serious steps to improve resident care following repeated legal actions to force their compliance with nursing home laws. Too many residents continue to languish in these bad nursing homes. If you suspect improper treatment at a nearby facility, please contact a nursing home lawyer today.

A recent nursing home lawsuit has settled for $2.25 million reports Chanel 3000 News. The lawsuit was filed by the family of Cynthia Wims, following her tragic death several years ago.

Cynthia was a resident at the Willows Nursing and Rehabilitation Center in 2007. She briefly left the facility to undergo hip replacement surgery, but returned following the procedure to be given close care while she recovered. However, there was nothing careful or compassionate about what she received at the nursing home.

Instead of guiding her recovery, nurses at the facility virtually let Cynthia fend for herself. Eventually, the nurses let her surgical would to turn septic. Septic wounds, according to the Mayo Clinic, are essentially any open cut (like those after surgery) that become infected. The infection then leads to multiple other complications. Those complications are often especially risky for vulnerable individuals like infants and, in this case, the elderly. It is for that reason that it is particularly important that close, nursing care is provided to nursing home residents following operations to ensure that they are able to make a proper recovery.

Unfortunately, Cynthia never recovered from the infection, and she died shortly after arriving back at the negligent nursing home. That same year, the Federal Centers for Medicare and Medicaid listed Willows Nursing and Rehabilitation Center as one of the worst in the country. The total number of patients harmed by inadequate care at this facility and others like it will probably never be fully known.

Our Chicago nursing home attorneys at Levin & Perconti seek justice for the families of nursing home residents who have died because of inadequate care. Unfortunately, many families never discover that the death of their loved one could have been prevented if the individuals charged with providing recovery treatment at nursing homes had acted properly. When a patient returns to a nursing home following a medical procedure and then suddenly finds their situation deteriorating, there is a chance that it was caused by negligent care from the staff members of the nursing home. Allowing the abuses to continue without challenge only puts more vulnerable seniors at risk.

The surprise Illinois nursing home quality check program known as “Operation Guardian continued at a Chicago nursing home yesterday. As reported in the Chicago Tribune, the Illinois Attorney General led a team of investigators at the Central Nursing and Rehabilitation Center on Monday. While at the facility, Illinois officials discovered four residents with live arrest warrants.

The sweep yesterday was the twenty first such surprise investigation since the operation began. All told more than one hundred individuals with arrest warrants have been found hiding out in Illinois nursing homes. The investigators in this program include health experts, state regulators, police officers, and others. Besides checking for arrest warrants, the team also interviews residents to ensure that the care they are receiving reaches the standards to which they deserve.

These sweeps are separate from the state health department’s unannounced investigations that occurs every12 to 15 months. However, in those cases, the nursing facilities know that they will be up for an investigation in the 3-month window, and they often ensure that the facility is improved during that time. The department manages nearly 1,200 total nursing homes in Illinois, ensuring that all state nursing home laws are followed.

As we have often reported on this blog, some of the worst abuse at nursing homes involves one resident harming another resident. It is for that reason that our Chicago nursing home attorneys at Levin & Perconti support all efforts to ensure the nursing home seniors are not at risk of harm from other residents with dangerous backgrounds. We are committed to helping all those who have suffered at the hands of inadequate supervision, negligent care, and abusive treatment while living at nursing homes. Please contact anursing home lawyer if you suspect that a loved one may have suffered because of poor nursing home care.

The Chatham Daily News published a story last week about the problems of elder abuse. An educational workshop was recently in the area held which sparked discussion about the ways in which seniors are exploited, neglected, and abused.

One speaker, legal scholar Robert Solomon, explained that many protections are in place to help vulnerable seniors but they are not well known. He emphasized that the law does protect at-risk elderly community members in all sorts of situations, from exploitation by predatory salesmen to neglect by nursing home staff members. Yet, all too often these seniors and their families are unaware of the legal options that they have to fight the abuse.

To help combat the problem, the professor suggested expanding public bodies that work to investigate allegations of abuse. Also, the agencies charged with the task need to develop better “user-friendly” processes that are less intimidating to the average person.

Another speaker at the workshop emphasized the scope of the problem of elder abuse. There remains an element of embarrassment among many seniors following their abuse or being taken in by scams. That leads to severe underreporting of the problem. She explained, “It is something we all need to work together to recognize and stop and report.”

Our Chicago nursing home attorneys at Levin & Perconti encourage anyone who suspects that their loved one may have suffered at the hands of inadequate, negligent, or abusive care to contact a nursing home lawyer. The first step in ensuring that future seniors are protected is to hold the past abusers accountable for their bad acts.

Hampton Roads News recently discussed a new report which suggests that more elderly individuals are being abused than before. The new information adds more weight to recent calls for improvement in the way our elderly friends and family members are protected.

Statistics have just been released which show that in some areas the reported cases of elder abuse rose 9 percent from 2008-2009. However, the yearly increase is not an aberration from the past 12 months. In the last three years, from 2007-2009, the reported cases rose by 19 percent. These are very sobering statistics. In sharing these new figures, a local manager of senior services explained one recent case of abuse involving an 87-year old Alzheimer’s patient. The woman died at the hospital after being brought in with bruises, bedsores, and suffering from extreme malnourishment.

Experts in the areas of elder care do not expect the trend to go down. They believe that we will likely see a continued increase in reported cases. Of course these stats do not reflect the thousands and thousands of cases that are never reported at all.

Our Chicago nursing home attorneys at Levin & Perconti are aware that many seniors suffer in silence. The abuse, neglect, and exploitation of these vulnerable community members occurs in various locations. For example, our legal work has shown the painful effects of physican, sexual, and verbal abuse in nursing homes. From financial theft and emotional damage to permanent injury and death, the consequences of mistreatment are far-reaching.

Please do not allow any neglect or abuse to continue unabated. Contact a nursing home lawyer today if you know of seniors who have suffered.

The Pittsburgh Post-Gazette published a shocking story on Friday of a tragic example of nursing home assault.

The victim was an elderly dementia patient at the Golden Living Center. Late last week the resident was resting on a couch in the common area of the nursing home. While she was there, another resident, 65- year old Gary Dettlinger, walked into the room. Dettlinger was a registered sex offender, having raped a child in 1993.

Alone in the common room, Dettlinger attacked the victim, sexually assaulting her until someone else walked into the common area and broke it up. Dettlinger admitted to the assault while at the facility and is currently scheduled for arraignment.

It is unclear exactly how nursing home employees allowed the attack to occur in the common area.

Our Chicago nursing home attorneys at Levin & Perconti are well aware that one of the most common problems at nursing homes involves the abuse of one resident by another. Many observers fail to consider the consequences of this type of nursing home problem. But the fact remains that one of the most important jobs incumbent upon nursing home employees is the protection of weaker residents from those that are aggressive. Unfortunately, too often nursing home staff members fail in this task, allowing the worst sort of assaults.

No nursing home should ever create an environment where this abuse is possible. Employees can do better. Administrators should know better. We all have an obligation to report troubling conditions at these facilities so that no resident is forced to suffer because of neglect. Please contact a nursing home lawyer if you have suspicions of similar problems at a nearby nursing home.

The Madison-St. Clair Record recently reported on negligent conduct at an Illinois nursing home. James Mang filed a lawsuit last month against the Stearns Nursing and Rehabilitation Center following the tragic death of his father, Bernard.

Bernard first became a resident at the facility in late May last year. However, the nursing home staff was unable to provide proper care to the vulnerable elderly resident almost immediately. Within hours of arriving at the facility, Bernard was allowed to fall on several occasions. The suit estimates that within 24 hours of walking through the doors of the nursing home, the vulnerable resident literally fell three to four times. The staff members simply failed to adequately supervise Bernard or take any steps to eliminate the risk of falling.

As should be expected with elderly residents whose bodies are often weak and in need of special care, the falls caused severe damage for Bernard. Ultimately, the nursing home resident broke his neck. He experienced extreme pain and relentless suffering following the accident. Only three days later, Bernard passed away.

It shocks the senses when the inadequate care at a nursing home is so vividly on display. Bernard Mang suffered the consequences of improper care nursing home care within hours of arriving at the facility. Our Chicago nursing home attorneys at Levin & Perconti sympathize with the suffering of Bernard’s friends and family following these tragic events. Unfortunately, these cases occur across the state with alarming regularity. Every day residents suffer injuries that shorten their lives because the care provided to them falls below that which any reasonable resident should expect.

Allowing resident falls, for example, is one of the most common ways that nursing home employees fail to provide the service that the law requires. It is common knowledge that nursing home resident must be carefully monitored at all times to protect against these preventable accidents. With fragile health, even a single fall can have deadly consequences. As soon as a resident enters one of these facilities, steps must be taken to ensure that these nursing home falls do not occur. Even one day of bad care can cause death, as the Mang family unfortunately discovered.

The Daily Herald reported this week on another tragic example of a nursing home worker violating their position of trust to take advantage of a resident and her grieving family.

Thirty-two year old Vanessa May was a staff member at a Wheaton nursing home, Wynscape Nursing and Rehabilitation Center. On Tuesday she was arrested for allegedly stealing a 14-karat wedding band off the finger of an elderly woman after she died at the facility. Police were luckily able to recover the jewelry, and May remains in jail.

Unfortunately this grotesque violation of patient and family rights is not a rare occurrence. Just a month and a half earlier, an employee at the Advocate Good Samaritan Hospital in Downers Grove stole a $3,500 ring off a deceased cancer patient as the staff member was moving the body to the morgue. In that case, police were able to find the ring just as a pawn shop owner was preparing to melt the gold band.

Our Chicago nursing home attorneys remain disgusted with each of these abuses of human dignity at facilities where our loved ones are supposed to receive superior care. The fact remains that many nursing home administrators fail to perform due diligence when they make hiring choices. Because of that, many people become employees of these facilities who are all too willing to take advantage of vulnerable residents. When that happens it is only a matter of time before nursing home abuse and negligence occurs. As is shown in these examples, the problems continue even after a resident passes on, because many staff members are willing to steal precious family heirlooms, even before many loved ones know that their family member has died.

These actions can never be tolerated, and all those paid to run these nursing facilities need to be held responsible for the decisions that lead to this abuse.

WCAX News reported today on troubling news out of a Vermont nursing home, the Northwoods Rehabilitation Center. A mammoth 175-count indictment was recently issued naming nine nurses at the facility. The charges involve many instances of improperly caring for the residents in their charge as well as for falsifying records to cover up their shoddy care.

The specific acts of negligence are varied and include, for example, failing to turn an immobile 53-year-old resident or to properly position the vulnerable patient. This common form of negligence often leads to deadly bed sores, which are ulcers that bore deeply into patient bodies. In addition, the nurses are charged with failing to administer medications properly and timely and failure to change wet garments. It is clear from the records that all of these nurses simply treated their residents in a sub-human manner, denying them even the most basic dignities.

To hide their poor care, the nurses also attempted to change some nursing home business records which implicated their lacking care.

Our Chicago nursing home attorneys at Levin & Perconti are saddened, but not shocked, by news of widespread nursing neglect at an elder care facility. As we have often reported, a culture of improper care and abusive service often permeates an entire facility. When that happens, many employees begin slipping below the standard of care to which they law requires. In that way, nursing home abuse can be much more than bad acts by a single problematic employee and instead balloon into facility-wide problems with many staff members playing a role.

Each day that these abuses go unreported more elderly victims suffer. Please contact a nursing home lawyer today if you suspect any bad acts at a facility near you.

On several occasions we have reported on the development at the Illinois nursing home Galesburg Terrace, where black mold was discovered in several parts of the facility. The Illinois Department of Public Health has already notified the facility that they would face sanctions from federal government agencies for the problem.

Now, WQAD is reporting on some resident reactions to the problem, explaining how it has affected the seniors who were forced to live in those conditions. One resident made clear that the mold was not a small problem, as entire walls were covered with by substance.

He said, “That’s probably why I’ve been coughing and hacking since April, and they can’t seem to get it to stop.”

The mold has caused many residents to live with respiratory problems that won’t go away. Amazingly, the residents who live in the rooms where mold was discovered have not been moved to healthier locations. A son of one resident explained, “My mother is still in that room and I’m upset [that] my mother hasn’t been taken out of that room.”

Residents are unsure how long they will have to endure the conditions. The only information that was available is that state officials would return for a follow up inspection.

Our Chicago nursing home attorneys remain saddened but unsurprised by the revelations of unsafe conditions at an Illinois nursing home. We have collectively spent decades working with friends and family of nursing home residents who have suffered horrific abuse, negligent care, and unhealthy conditions at their facilities. We know that many facilities in Chicago and surrounding areas have failed to provide the adequate care that residents who live there deserve.

An Illinois nursing home is facing a new lawsuit this week as the former head of the La Salle County Nursing Home is challenged the events that led to her termination last year.

According to My Web Times, Adrienne Erickson was fired as administrator of the nursing home in September of 2009 after only three and a half months in the post. She claims that her termination was without merit—that she was actually given no reason for her firing. The LaSalle County Board which is in charge of operating the facility claims that Erickson was an “at will” employee, meaning that no reason was needed to terminate the employment.

While the termination letter sent to Erickson did not specifically mention a reason for the firing, a review of the events leading up to the termination point to a likely cause of the problem. Shortly before the firing, the La Salle County Nursing Home had received a significant amount of negative criticism following an Illinois Department of Public Health report that challenged safety protocols at the facility.

A female resident at the facility was repeated molested by a male resident and the Illinois state agency claimed that hospital staff should have done more to monitor and prevent the abuse.

Our Chicago nursing home attorneys at Levin & Perconti have experienced the culture of negligence that can develop at these facilities when there is not competent oversight and leadership. The vulnerability of many residents at these nursing homes is extreme—meaning that even slight mistakes by staff members can have deadly consequences. The precarious situation is well-known to all those who are charged with ensuring that these facilities run smoothly. Therefore, there is no excuse for failing to ensure that the nursing home is free of preventable mistakes and abuse. If you or someone you know may have suffered because of mismanagement at one of these Illinois facilities, please contact a nursing home lawyer today.

The Seattle Times conducted a troubling new investigation which explained the hidden problems of neglect and abuse that go unreported at many nursing homes.

For example, 68 year old Audree Hopkins was a resident at a facility for only 6 months before a lit cigarette ignited her oxygen tank. As a result of the explosion, Audree’s face was painfully seared. Both of her earlobes were burned off as was the end of her nose. Hopkins was partially blind and was unable to lit a cigarette herself, and it is suspected that a nursing home employee actually lit the cigarette that led to the explosion.

Shockingly, following the tragic accident, nursing home officials attempted to cover-up the incident. When police detectives tried to investigate the incident they discovered that nearly all evidence related to the accident have been destroyed only five days after it occurred. In fact, when first questioned all nursing home employees claimed that Audree was not smoking or hooked up to an oxygen tank at the time. It wasn’t until forensic evident on the melted wheelchair and oxygen tank was returned that authorities were able to conclusively determine the cause of the accident.

It now appears as if nursing home employees had jointly concocted a cover-up story in an attempt to hide the truth.

These cover-ups are not rare. The problem is so severe, that an investigation in that single state alone revealed that an astounding 357 nursing facilities had hidden evidence of abuse or neglect, even those involving death. From forging medical records and threatening residents to lying to investigators, many staff members are willing to do whatever it takes to brush over nursing home mistakes and hide the truth.

Our Chicago nursing home lawyers at Levin & Perconti are committed to both vindicating the rights of the abused as well as exposing the often hidden problems of neglect at these facilities. Every effort needs to be made to ensure that these vulnerable residents remain safe and that nursing home administrators are held accountable for their attempts to cover up the errors.

Please Click Here to read more about the troubling cover-ups of nursing home abuse.

Earlier this week we posted a story on the troubling negligence at the Galesburg Terrace involving mold found in several patients’ rooms. Now, the Galesburg Register-Mail is confirming that the Illinois nursing home faces mounting fines for its problems keeping the facility safe for residents.

An inspection of the nursing home found that dangerous black mold was growing inside several patient rooms as well as a communal bathroom facility. The black mold posed a real heath threat to the residents exposed to it. The condition was particularly egregious considering that most residents are in the facility specifically because their health is especially fragile and at risk for complications.

Specifically, the Illinois Department of Health explains that the facility may be fined $200 per day for their unhealthy conditions, beginning in April 30th and continuing up to the day the problem is fully corrected. The fines would be levied by the federal authorities at Medicare and Medicaid Services.

Unfortunately, finding problems at nursing homes are not uncommon when inspectors examine these facilities to ensure they are safe and healthy for residents. A nursing home receives a “tag” for each violation found. One Galesburg Terrace employee explained that, “Nursing homes in Illinois, you will see ours in not out of the norm. The average survey produces 7 to 9 tags.”

The problems that continue to plague so many facilities in Illinois are why our Chicago nursing home lawyers at Levin & Perconti continue to represent victims of nursing home negligence and abuse. Please contact a nursing home lawyer any time you discover problematic care of one of these Illinois facilities.

Please Click Here to learn more about the unfolding issues at this negligent nursing home.

The Minneapolis-St. Paul Star Tribune recently discussed the tragic death of a 91 year old nursing home resident. In April of this year, Jeanette Rittenhouse, a resident at the Samaritan Bethany Home on Eighth, asked for an aide to help her get to the bathroom. Common procedure requires that those residents who need assistance get the help of an aide as well as the use of a walker and a gait belt. All of these are required to ensure the maximum safety while the resident is moved.

While being taken to the bathroom in that manner, Jeanette’s roommate rolled in front of the bathroom door in a wheelchair. Instead of moving her back to the bed or calling for assistance, the aide left Jeanette standing alone and went to move her roommate. Jeannette was not at all able to stay up on her own—that is why she asked for assistance in the first place. As soon as she was left there, she fell backwards in a freefall leading to severe injuries. She was bed-ridden for several weeks after before eventually passing away.

The nurse’s aide explains that she “panicked” in the situation, causing her to make the deadly mistake. She was suspended, and the rest of staff members are being trained again on the way to handle the process of moving residents.

Nursing home falls caused by failure to properly supervise residents is a common example of negligence at these facilities. Thousands of deaths occur at Illinois nursing homes each year because of falls. Our Chicago nursing home lawyers at Levin & Perconti have represented many families who lost loved ones because they were left unattended at critical moments. Because it happens so frequently all nursing home staff members should be well-aware of the dangers posed by leaving vulnerable residents alone. There is no excuse for making these mistakes—not when lives hang in the balance.

One of the most high-profile (and high cost) nursing home lawsuits of all-time involved the class action lawsuit against Skilled Healthcare Group. The legal matter stemmed from the nursing home chain’s failure to properly staff its facilities as required by law. The state required that nursing homes maintain 3.2 hours of nursing care per patient, per day. The group was falling far below that amount.

Following the trial in that case, a jury awarded the victims a staggering $670 million for the losses they suffered as a result of the nursing homes' failure to comply with the staffing law. However, according to the Los Angeles Times, before an appeal on that jury verdict could be heard, the plaintiffs and the company agreed to a $50 million settlement instead. If approved by the court, the money would be set aside in an escrow account to be paid to the victims.

Reaching a settlement like this is common following a staggering jury verdict. In practical terms, the company would likely have been unable to use its credit, insurance, and cash reserves to pay anything close to the $670 million award. In contrast, the settlement, though a much lower amount, allows victims more assurance that they will actually receive the award and will get it in a much timelier manner.

In addition, the settlement also requires Skilled HealthCare facilities to have an outside group monitor its nursing staff levels to ensure that the law is complied with in the future.

Our Chicago nursing home attorneys at Levin & Perconti have watched with interest as the legal issues unfolded in the California case. Illinois has a similar required minimum amount of nursing hours per day per patient at all nursing homes. Our attorneys remain vigilant watchdogs of these facilities to ensure that all applicable nursing home laws are followed. Failure to abide by the legislative requirements is both legally wrong and also dangerous for residents who often suffer injury and death due to the negligence caused by the lawbreaking.

Last week The Daily Republic explained a jury verdict in a nursing home lawsuit that found a local care facility guilty in causing the death of one of its residents, Helen L. Bumgardner. Two sons were awarded $500,000 by the jury following the careless and negligent behavior by an employee at Firesteel Healthcare Center.

Ms. Bumgardner was receiving care the facility several years ago when a certified nursing assistant attempted to transfer her off the toilet in the middle of the night. The negligent nursing home employee tried to make the effort without any help—contrary to clear policy. While attempting to make the move, Helen fell and hit her head on the bathroom floor.

It wasn’t until six hours later that she was eventually transferred to a nearby hospital where it was discovered she had fractured both her humerus and hip. As a result of the fall, Helen also suffered a hematoma which is essentially bleeding around the brain. Helen eventually passed away, and the doctors ruled that her death was caused by complications from her hip and shoulder injuries.

Initially the nursing assistant denied her role in the fall, because she did not want to get into personal trouble. She first concocted a story about the resident falling out of bed on her own and hitting her head. It was only when pressed for the truth that she revealed was actually happened. A co-worker also admitted that the negligent nursing assistant had consumed three caffeine pills that night and appeared very hyper, using over-exaggerated motions.

This type of deadly negligence occurs all the time at nursing homes. Our Chicago nursing home lawyers at Levin & Perconti have seen case after case of staff members who attempt to make dangerous physical moves of residents without help. The problem is then made worse by the employee’s lying about the incident. The difficulty in rooting out the truth in these situations is exactly why it is important to contact a nursing home attorney any time you suspect a loved one has suffered harm at a facility that may have been prevented.

Managing the financial details of entering and staying in a nursing home can be complicated and confusing for many potential residents. The consideration of whether Medicare will cover a nursing home stay depends on the official status that a patient receives at a hospital before being moved to the nursing facility, according to the Washington Post.

Specifically, Medicare will typically only cover a follow-up stay at a nursing home if an individual has three consecutive days of hospitalization as an inpatient. It will then pay for up to 100 days of rehabilitation or skilled nursing care. An inpatient is distinct from being labeled as an observation patient—where doctors are simply providing watch over a patient to ensure no complications or problems develop. When considering post-hospital care options, it is important to know that official label. A single patient can be switched from inpatient to observation patient, but the doctor is required to notify you if that change occurs.

It is not possible to appeal the official hospital determination of your status, regardless of whether or not you feel that you will need nursing home care following the hospitalization. Some suggest calling your personal physicians and asking him or her to talk to the hospital on your behalf regarding your patient label if you strongly believe that you should be considered an inpatient instead of at the hospital for observation only.

If that option does not work, it is still possible to enroll at a nursing home and ask Medicare to be billed. The request will likely be denied, but that can be appealed. However, if those appeals are not accepted, the individual patient will be responsible for the charges.

Our Chicago nursing home attorneys at Levin & Perconti understand that finances are one of many concerns that potential residents and their families have when deciding how to provide necessary care following hospitalizations. While figuring out the cost of nursing home stays, it is incredibly important to also consider the quality of the facility that may be used. Our lawyers have seen first-hand the devastation caused by bad nursing homes that do not take resident heath, safety, and dignity seriously. There is extreme disparity in the quality of care provided at some nursing homes as opposed to others. It is vital to understand the quality of these facilities before making a final decision.

The Sandusky Register recently posted a story that helps better explain the problem of elder financial exploitation. We have often discussed the problems of senior financial abuse here—each day seems to present another story of a vulnerable senior citizen losing money in one of these scams.

Our Chicago nursing home attorneys at Levin & Perconti are specifically attuned to the problem when it occurs at nursing care facilities. Often the staff members at nursing homes have access to financial records, banking documents, and personal information that make it very easy to steal funds from the residents who trust them to help handle their affairs.

The reasons for the exploitation of seniors vary, but the recent news post helps explain what makes our elders particularly attractive targets for criminals. Seniors have years of working under their belts with a lifetime of savings. These large nest eggs attract the attention of those willing to defraud others for money. Many seniors have also lost a spouse or partner—that means they are single, without a second individual looking out for their dealings with others. In fact, many elderly individuals are isolated socially. The loneliness of many seniors often make them eager to give their confidence and trust to those posing as salesmen or other scammers, willing to accept any deal offered. Besides that, seniors are culturally polite and report feeling guilty if they tell a potential fraud artist that they are not interested in some offer or if they hang up a phone without having a conversation.

In addition, seniors are more likely to not be well-versed in computer use, making it harder for them to gather information and look into the validity of financial dealings. On a more basic note they are also more likely to have memory problems. Those impairments can be exploited by financial predators.

It is important to take special care to notice the susceptibility of our elder friends and family to financial abuse. Anyone who is in a position of authority or power should be especially carefully to ensure that these senior finances are protected.

A nursing home lawsuit was recently filed following the heartbreaking death of 87-year old Sylvia Ploszay in February, reports the Milwaukee Journal-Sentinel.

Clement Manor is a nursing home that also has some assisted-living apartments within it. Sylvia was living in one of the apartments when the accident occurred. She suffered a cut in a varicose vein and began to bleed. She needed quick emergency care. To get it, Sylvia pulled an emergency cord that was located in her unit to specifically help in situations like the one she faced. It was shortly at midnight when Sylvia summoned help. Unfortunately, it would not arrive quickly.

A nurse’s aide was supposed to be on duty to handle these emergencies. However, she ignored the alarm. When another resident heard the alarm and called the aide to ask if she was going to help, the aide replied that she was watching TV but would handle it. It seems that the nursing home staff member simply hung up after that call and returned to the TV. It wasn’t until 4:30 am, 4 hours later, that nursing staff members made it to Sylvia’s room. They found her in her bathroom—she had bled to death.

Besides the reckless disregarding of Sylvia need for emergency help, the lawsuit also alleges that the facility was short-staffed that night. With inadequate assistants available to help in situations where care was desperately needed, negligence by one aide was enough to lead to Sylvia’s death.

Our Chicago nursing home attorneys at Levin & Perconti are saddened but not surprised by the lack of care exhibited by Clement Manor that led to Sylvia’s death. Our decades of legal experience have repeatedly exposed us to nursing homes that fail to provide the very basic emergency care that made residents chose to live in their facilities in the first place. If nursing home staff members are not responding to most important types of care—emergency pleas—than they are likely failing in other areas as well. This extreme negligence can never be tolerated, especially when vulnerable lives are on the line. Please contact a nursing home lawyer if you suspect any similar failings at a nursing home near you.

WQAD News reported yesterday on a citation given out by the Illinois Department of Health over concerns about resident safety at an Illinois nursing home.

Earlier this month the Department conducted an investigation of Galesburg Terrace, a nursing home in Western Illinois. During the inspection, the staff officials found a suspicious black mold growing seven residents' rooms as well as in a shower room. On top of the mold citation, the facility was also penalized for ventilation problems and errors in residents’ medication administration.

These citations from the Illinois Department of Health are certainly not the first for this particularly negligent facility. According to the Galesburg Register-Mail, two years ago the Service Employees International Union (SEIU) called for the state to take control of the facility following continued and repeated problems with resident care at the Terrace. In making their concerns public, SEIU uncovered 77 specific instances of violations of patient care and fire safety care by the facility in only a two year period. Those dozens of errors included the most basic acts of nursing home negligence like failing to keep residents’ cleaned and groomed, failure to call 911 following an emergency, and failure to monitor suspicious changes in a resident’s condition leading to death.

As strong advocates for the rights of residents at all Illinois nursing homes, our Chicago nursing home attorneys at Levin & Perconti urge close supervision of all problem facilities in the state. Our experience has shown that many instances of elder abuse and neglect continue to occur repeatedly at a select group of bad nursing homes. Year after year these facilities fail to abide by the law and provide for humane, dignified care for the vulnerable residents who depend on them. If you have witnessed any problematic care at a facility near you, please contact a nursing home lawyer today.

Surprise inspections are one method state officials use to monitor the quality of care provided at nursing homes in Illinois. By showing up unannounced, these visits allow regulators to see exactly how these facilities are kept and how residents are treated on normal days. This year the Illinois Attorney General’s office has conducted many of these investigations in a project known as “Operation Guardian.” Thus far there have been 17 raids, resulting in 20 arrests of residents with outstanding warrants.

However, yesterday the Chicago Tribune reported on a possibility that the latest facility to be raided was tipped-off about the nursing home investigation.

On July 22 investigators conducted what was supposed to be a surprise sweep on Grasmere Place—a nursing home in the Uptown neighborhood of Chicago. Upon arriving at the facility, however, the administrator was waiting for the state officials. She asked them, “What took you so long?”

Conveniently, on that day the facility was bustling with painters and carpenters improving the facility. But about three weeks later, in a second surprise visit, the nursing home was nowhere near as clean and organized as in the first raid. One official taking part in both investigations explained, “What we experienced was literally night and day.”

Grasmere had a history of troubling incidents—several residents have been convicted of felony drug charges, theft, and other crimes while at the facility.

Our Chicago nursing home attorneys at Levin & Perconti remain extremely concerned about the possible breach of the surprise visit inspections. The concern about the possible tip-off cannot be overstated. These unannounced visits remain the hallmark of safety enforcement at these facilities.

But if the surprise element is compromised, than the effectiveness of the checks is entirely sacrificed. Individuals could be treated poorly each day of the year, and so long as the facility appears in good order on the one inspection day, nothing would be done about it. Nursing home abuse must be stamped out wherever it is found. To help identified where it occurs, state officials must ensure that these inspections remain unannounced so that they are able to get an accurate gauge of the day-to-day conditions under which these vulnerable residents live.

Two of our attorneys, Steven Levin and Scott Richard, filed a lawsuit against ManorCare Health Services-Hinsdale today following the wrongful death of Dolores “Dee” Howorth. Dee died less than a month after moving into the Hinsdale nursing home and being admitted to the facility’s dementia unit. She suffered from Alzheimer’s but was alert and active—she remained a lively, integral part of her family. In fact, her son Hank Howorth and his wife Chrissie specifically chose the facility at ManorCare because they wanted their mother to be given what they assumed would be specialized care for her dementia.

Unfortunately, specialized care was the last thing Dee would receive at the facility. Within the first four days, ManorCare doctors prescribed Dee two medications: Ativan and Seroquel. On top of that, the facility immediately assigned Dee to a wheel-chair with a lap restraint.

It wasn’t long before the family noticed clear changes in their once lively family member. When Hank and Chrissie first visited, Dee seemed overmedicated, drowsy, and was constantly slumped in her wheelchair. Hank questioned nursing home staff about his mother’s state at the facility, but he was assured that her condition was only temporary.

Sadly, there was nothing temporary about it. Staff members at the facility failed to properly hydrate Dee, and failed to notice her clear change in condition. Dee lost 16 pounds in just over two weeks, and she showed clear signs of dehydration—dry skin, chalky mouth, and trouble swallowing. By mid-April, less than a month after arriving at the facility, Dee died at a local hospital from acute renal failure caused by dehydration.

Dee is survived by two grown sons, Hank and Thomas, and six grandchildren. “After my mother’s death, it was business as usual for the nursing home, but for our family it was devastating,” said Hank. “We need to hold ManorCare accountable because the nursing home robbed her of precious time with her children and grandchildren.”

Attorney Steve Levin explains the nexus of the lawsuit: “ManorCare had a duty to protect her well-being and dignity but neglected to monitor her condition or provide her with even the basic necessities, causing both Dee and her family to suffer needlessly.”

See further coverage of this nursing home lawsuit by following the links below:

Suburban Life

Chicago Tribune

Trib Local Hinsdale

Chicago Breaking News

A troubling scheme was recently uncovered involving the swindling of elderly nursing home residents and their families out of tens of thousands of dollars reports the Clarion Ledger.

The plan involved an ex-nursing home social worker who told residents and their families at the Belhaven Senior Care Center that they needed to pay money to ensure that their Medicare benefits were maintained. Ponchie McCollough, one of the perpetrators, would demand checks ranging from $400 to $2,500 from the unsuspecting victims. Of course many families and residents trusted the word of the supposedly honest workers at these facilities to guide them through the process of receiving Medicare benefits. When McCollough demanded money to ensure that the aid was provided and care was continued, many of these families believed her and paid.

The families would make the checks out to McCollough’s co-conspirator, an administrator at the facility who would then cash the checks and the two would pocket the funds. Two other co-conspirators were also involved in parts of the scheme, helping McCollough funnel the money from the unsuspected elderly victims.

To make matters worse, nursing home staff members failed to report the abuse even after it was uncovered. In particular, two employees were indicted by authorities for assisting in the elder abuse by failing to report any of the criminal acts. An operations director and a billing director at the facility have been charged as “accessories” following the theft. They both attempted to help McCollough avoid getting caught and having to return the money. Both of those employees worked for the consulting firm which owned Belhaven.

Our Chicago nursing home attorneys at Levin & Perconti continue to be disgusted and disappointed in the lengths that many of these employees go to take advantage of their position when they are supposed to be aiding these vulnerable residents. When six different employees are involved in a scheme that seeks to break the law and harm residents, there is clearly a fundamental nursing home problem. Unfortunately, every day new reports flood in about employees abusing residents in different ways. None of the abuses should be tolerated. Please report any incident of neglect or abuse at nursing facilities near you and help put an end to the problem.

A troubling story was recently reported in the Berkshire Eagle discussing elder abuse at the Springside Nursing Home. Two nursing home employees were fired in the latest incident which occurred last week. A third employee was fired earlier this month following a different incident of resident abuse. As our Chicago nursing home lawyers at Levin & Perconti are well aware, many nursing homes seem to repeatedly hire problematic employees. A culture at a nursing home which tolerates even the smallest misconduct often leads directly to repeated examples of nursing home residents being abused, humiliated, and neglected.

At Springside, the latest incident involved the abuse of a 72-year old blind resident who suffers from dementia and uses a wheelchair. The resident had soiled herself and was crying to a nursing home aide, Jodi LeBrake, for help getting clean. Instead of doing what she is paid to do, however, LeBrake repeatedly told the elderly resident to “shut up.” Following that she took a sock and shoved it into the resident’s mouth. Another nursing assistant was in the room when it all happened; the other woman did not stop it, admonish LeBrake, or report it as required.

Three weeks before that incident, another resident at the facility was abused at the hands of a nursing assistant. Former Springside employee Sandra Yankey was seen pulling the hair of an 81-year old resident when she was supposed to be providing care. Yankey actually had a previous criminal background before she was even hired by the nursing home.

As is typical when a nursing home is found to have allowed multiple abuses of their residents, officials claim that the incidents were “isolated and unrelated.” Of course experience and common sense suggest that a nursing facility has an inherent problem that is not isolated when they hire multiple employees that continue to provide abusive care. The more that these facilities tolerate even minor elder abuse, the more likely that the staff members will allow the conduct to continue and the more residents will suffer. We strongly encourage anyone who suspects any negligence or abuse at a nearby facility to contact a nursing home lawyer immediately to help hold these abusers responsible and improve the lives of vulnerable seniors.