Illinois Nursing Home Abuse Blog

Over the past year several area nursing home residents and their families have visited a Chicago nursing home lawyer to share their story of problems connected to their defective DePuy hip implants. The visit is usually spurred by news stories sharing information about the malfunctions of the DePuy hip devices. The product was recalled in August following serious concerns about the rising number of patients who have suffered damaging consequences with the device malfunctioned. Ultimately, the costs of the recall may reach staggering proportions in terms of increased medical costs, pain and suffering, and other damages.

The medical device problem has recently led to serious questions being raised about the process by which the device was approved by the Food and Drug Administration. Pilot Online News reported recently on the fact that the medical device reached the market though an approval using a 510(k) exemption. The special approval process allows devices that are apparently similar to devices currently on the market to skip many of the usual approval tests. While this allows certain items to be given to patients faster than others, it means that there often remain many questions about the safety of those devices.

The consequences of the streamlined approval process are clear. Of the 113 devices that have been recalled in the last five years, 80 of them used the 510(k) exemption. Consequently, many of the mistakes that were ultimately revealed in these products may have become known far earlier if the product had undergone the usual testing process required by the FDA.

For example, the DePuy device was similar to other hip replacements except that it used a metal-on-metal system. It used the 510(k) exemption and was brought to the market. Over 93,000 patients had the implant installed. Eventually, however, problems with the metal system became apparent. The replacement joint began deteriorating much too quickly in too many patients. As a result metal particles were released into patients’ bloodstream, leading to a variety of troubles.

Continue reading "DePuy Hip Recall Affects Many Nursing Home Residents, Leads to Questions About FDA Approval" »

The circumstances surrounding the “Angel of Death” Chicago nursing home case has led to two types of legal cases: criminal and civil. Considering that many cases of nursing home abuse lead to both types of cases, it is important to understand the distinctions between them. Those differences include what parties are involved, the legal standards by which they are resolved, and the possible consequences.

Who Is Involved
A civil lawsuit involves a private individual suing another private individual, business, or government entity for failure to carry out a legal duty. For example, the child of a nursing home resident can sue the company that runs the nursing home for the company’s failure to provide a reasonable level of care for their loved one. These cases usually begin when a nursing home lawyer files a complaint with the court on the victim’s behalf.

A criminal case involves the general public (the government) claiming that a private individual violated societal laws. For example, a nurse that knowingly overmedicates a patient may have violated a specific law against provided too much or non-prescribed medication to another. The criminal case begins only when a prosecutor (at either the state or federal level) makes a formal accusation against the person, called an indictment. The victim is not specifically involved in initiating criminal cases.

As in the “Angel of Death” case, a single incident will spawn both types of cases. They are completely independent from one another in that way.

Legal Standards
One of the most important differences between these cases is the legal standard or burden of proof that must be shown to reach a specific resolution. To receive a conviction in a criminal a case a prosecutor must prove that the defendant committed the crime beyond any reasonable doubt. This is a high and difficult standard to meet. Conversely, in civil cases a jury can reach a guilty verdict so long as the plaintiff shows that they were wronged by a preponderance of the evidence. The preponderance standard is met so long as the jury believes the plaintiff even a sliver more than the defendant. Because of the different standards, it is quite common for a criminal case to result in a not guilty verdict while a jury in a civil case reaches the opposite conclusion.

The Possible Outcome
The possibility of incarceration only exists in criminal cases. That is one of the main reasons why the standard of proof is higher in those cases. Conversely, in civil cases the result is typically a monetary award (medical expenses, compensation for pain and suffering, etc.). At times these cases can also involve an injunction.—a court order to do or not do something. For example, a court may order a nursing home to hire more nurses or some other action to raise the standard of care.

Both types of cases can also be resolved before reaching trial. In a civil case, this is called a settlement, where the parties agree on some compensation on their own. In criminal matters, a party will often accept a plea agreement, where the punishment is agreed to before going to trial.

Continue reading "The Difference Between A Criminal and Civil Chicago Nursing Home Case" »

As the Chicago nursing home lawyer leading a civil suit for the family of Ms. Virginia Cole against the Woodstock Residence, our attorneys have been closely following the criminal trial in the “Angel of Death” nursing home case. While related to the same incidents, the criminal and civil matters have many legal differences. Thus, yesterday’s verdict in one of the criminal trials is not an indication of what is to come in the civil lawsuit.

The Chicago Sun-Times was one of several area news outlets to cover the Judge’s bench verdict in the first criminal trial yesterday which found a supervising nurse not guilty of essentially “looking the other way” as a fellow nurse dispensed overdoses of drugs to residents. Criminal charges such as the ones levied against the supervising attorney in this case are often very difficult to prove because they involve tough burdens of proof and unique showings of motive. However, prosecutors still plan on continuing with the criminal charges against the nurse accused of actually dispensing the drugs that took the lives of several nursing home patients.

The civil lawsuit that our attorneys are leading on behalf of one of those victims, Ms. Virginia Cole, is unaffected by the criminal verdict. In fact, much of the information that came out at the criminal trial reveals the poor care given to residents at the facility. That poor oversight is the crux of the civil lawsuit.

The Chicago Tribune quoted our Chicago nursing home attorney Steve Levin by noting that “the nursing home should have been aware of the wrongdoing that was happening in the home. The sad thing is that administration would let this go on without doing anything.”

Steve went on to explain how the criminal case was challenging because the victims here could not tell their story. He explained that “we firmly believe we will get the families the justice they deserve.” The civil matter will likely have an alternative outcome from this criminal case, because the burden of proof is different and the specific issues to be placed in front of a jury are clearer.

Continue reading "“Angel of Death” Civil Lawsuit Will Likely Have Different Outcome Than Criminal Trial" »

The latest report of Illinois nursing homes that have violated basic resident health, care, and safety laws was recently released by state officials. The Carle Lane Terrace, a Sauk Village nursing home in the Chicago area, recently received several Type “A” Violations from the Illinois Department of Public Health and fined $25,000. The violations resulted from the facility’s Illinois nursing home negligence and failure to provide proper nursing care to a vulnerable resident.

Investigations into conduct at the facility revealed poor care of a 54 year old male resident who was diagnosed with Mild Mental Retardation, type II Diabetes Mellitus, and Sleep Apnea. The resident has very specific medication requirement to ensure his proper health and well-being.

On one occasion late last year emergency medical personnel were called to the nursing home to help deal with a diabetes problem with the resident. The man was on the facility floor and unresponsive. His bowels had been emptied. He was later transferred to an Intensive Care Unit.

It was later discovered that the nursing staff was made aware of a low blood-sugar reading in the resident before the incident, but the nursing home staff members did not take any adequate steps to remedy the problem. Later reports discovered that staff members did not always have access to sugar or other necessary requirements to ensure the proper health and well-being of the residents. The man’s very serious medical problem could should have been prevented if more reasonable steps had been taken.

Continue reading "Illinois Nursing Home Violation: Carole Lane Terrace" »

The Consumer Voice recently published an insightful update of a report entitled: The High Cost of Poor Care—The Cost-Effectiveness of Good Care Practices. The summary message of the information hearkens back to the old reality that it is often much more frugal to spend some money to prevent problems that will ultimately cost much more to fix later on. As Benjamin Franklin put it: an ounce of prevention is worth a pound of cure.

The adage applies well to the cost of Illinois nursing home abuse and the possible federal budget cuts being proposed to our nursing home system. As we have often discussed here, the proposed Medicaid cuts, quality standard reductions, and easing of regulations will undoubtedly have effects on the quality of care provided to our nursing home residents.

The financial savings of these cuts will ultimately pale in comparison to the costs that must be paid to fix the consequences of poor care. For example, cuts to nursing assistants will mean that residents will be repositioned less to relieve pressure and the severely disabled with have less aid in eating and drinking. As a result, costly medical care will be required to treat advanced pressure sores and the consequences of malnutrition and dehydration. The cost of employing those nursing assistants is much less than the extra medical care that will be required.

Of course this is not even taking into account the physical and emotional toll that the cuts have on nursing home residents and their loved ones. Yet, even when ignoring those important factors, the financial concerns alone dictate a more mature approach. As attractive as immediate budget cuts may seem to budget strapped public bodies, the overall financial effect must be evaluated before nursing home care is sliced.

Continue reading "Illinois Nursing Home Lawyer Shares New Report on Cost of Poor Nursing Home Care" »

An experienced Chicago nursing home attorney learns to expect the unexpected when it comes to ways in which long-term care facilities are capable of in negligent and abusive ways. For example, the Chicago Sun-Times reported last week on a new nursing home lawsuit involving a facility that never informed a family that their mother had died at the hospital.

Three siblings filed the Chicago nursing home lawsuit against the Ridgeview Nursing Home after they did not discover that their mother had died until four months after her passing. The victim was admitted to the North Side nursing home in 1991. She suffered from a variety of disabilities and required the close care of staff members at the facility with help eating, bathing, and walking.

The woman’s daughter visited her mother at the facility at the end of April last year. Two days later her mother was ill and brought to the hospital. The hospital called and informed the family of the move to the hospital. The next day the victim’s daughter visited her at the St. Francis Hospital in Evanston. Within 24 hours after that visit, the woman’s health recovered and she returned to the nursing home.

The victim’s three children do not live in Chicago and were unable to get to the facility on a weekly basis. In early September of last year the resident’s daughter called the nursing home to wish her mother a happy birthday. However, staff members reported that no one by her mother’s name resided at the facility. To clear up the confusion the family traveled to Chicago to visit the nursing home. Upon their arrival they discovered that their mother had actually died four months earlier in May. They were never made aware of her passing.

Apparently their mother’s remains had been sitting at the Cook County Medical Examiner’s Office since May. The family immediately made funeral arrangements. However, before they could properly pay respects to their loved one, the nursing home authorized the removal and burial of the woman without the family’s consent.

Continue reading "Chicago Nursing Home Lawsuit Filed Against Ridgeview Nursing Home" »

On several occasions last week we reported on the criminal trial related to the “Angel of Death” killings at an area nursing home, the Woodstock Residence. Our firm is the Chicago nursing home lawyer representing one of the victims at the facility in a civil matter, Virginia Cole. Much of the information that is being heard by the jury in the criminal case reveals how a nurse at the facility purposefully administered an overdose of drugs to residents with the tacit approval of her supervisor.

For example, a Chicago Sun-Times story on the nursing home trial explains how one victim died of a pain-killer overdose of a drug that he was never prescribed. The 84-year old man died in the middle of 2006 from a morphine overdose, even though he should never had had any amount of the powerful pain-killer in his system.

An experienced pathologist testified at the trial, explaining how the victim’s death was clearly caused by morphine intoxication. Similarly, Virginia Cole died unexpectedly around the same time. The pathologist explained that he could find no medical reason for her death. He reported that “none of her underlying natural disease processes would explain her dying at the time she did.”

Other nurses testified and explained how the morphine prescribed to Ms. Cole seemed to be used up far too quickly. Those suspicions were reported to the supervising nurse who did nothing to stop the problem.

Continue reading "Woodstock Nursing Home Resident Died of Overdose of Non-Prescribed Drug" »

As we explained yesterday, our Chicago nursing home lawyers at Levin & Perconti are currently representing the family of Virginia Cole, an Illinois nursing home resident killed when her cargiver intentionally gave her an overdose of drugs. Ms. Cole was one of several victims of the dubbed “Angel of Death” –a healthcare worker who purposely overdosed residents at the Woodstock Residence.

Our firm is representing the family in the civil matter; the criminal trial related to the incident has been underway for the past two weeks. The Chicago Breaking News reported earlier this week on the testimony at the nursing home trial. What is clear already is that the supervisors at the facility paid little attention to the suspicious overdose deaths that were occurring with startling frequency.

A former co-worker explained how the supervising nurse was “cavalier” and “unconcerned” after hearing suspicions that a resident’s death was caused by an employee tampering with her morphine. For example, one nurse walked into Ms. Cole’s room and saw that her morphine seemed lower than it should have and there was a second suspicious vial nearby. She reported this to her superiors who did nothing to investigate.

The former nurse specifically warned her boss, the criminal defendant in the present trial, that the nurse accused of murder was giving Ms. Cole too much medication. Ms. Cole ultimately died unexpectedly from a string of complications that are often associated with drug overdose—confusion, hypothermia, and bradycardia. She had been in good spirits and health the day before her death.

Continue reading "Woodstock Nursing Home Deaths Reveal Problems Begin At the Top" »

The Chicago Sun-Times reported on a tragic Chicago nursing home fall that took the life of a 57-year old resident on Wednesday morning. The bizarre falling accident occurred at the Woodbridge Nursing Pavilion in the early morning. Woodbridge Nursing Pavilion is an Illinois nursing home on the city’s Northwest Side in the Logan Square neighborhood.

According to reports, a resident of the home woke up early Wednesday morning and began his usual morning routine. A nurse saw the man wake, but she did not stay with him after he woke; instead she left and performed other tasks. Eventually a loud noise was heard by someone on the first floor of the facility. Upon investigation, the resident was found severely injured and crumpled on the ground. He was rushed to a local hospital, but there was nothing that doctors could do. He died shortly after from the injuries suffered in his fall.

A closer look at the accident scene revealed that the man had attempted to “escape” the home by tying sheets together and climbing out of his window.

The tragic death is similar to many other nursing home falls that occur across the area. Many residents at these facilities are known fall risks and know flight risks. In fact, the very reason why many individuals seek care at these facilities is because of these dangers. It is assumed that close and constant observation is the best way to prevent injury. Unfortunately, that planning goes awry if the care workers at the facility do not provide as close of care as necessary.

Our Chicago nursing home attorneys at Levin & Perconti have represented families in a similar case. In 2004, a 54-year old Illinois nursing home resident died after falling from a window that he was trying to exit at the Lee Manor Nursing Home. In that case, the resident was suffering from chronic paranoid schizophrenia, was severely blind, and required ongoing supervision. He was placed on a secure floor in order to ensure his safety. However, the facility negligently allowed the windows in the man's room to open enough to allow his attempted escape and ultimate death.

Continue reading "Chicago Nursing Home Resident Falls to Death At Woodbridge Nursing Pavilion" »

The criminal trial continued yesterday involving the morphine overdose death of several patients at the Woodstock Residence Nursing Home. Our Chicago nursing home lawyers at Levin & Perconti are representing the family of one of the victims of these murders in a separate civil lawsuit.

The Northwest Herald reported on dramatic testimony in the case that begins to paint a picture of how a nurse, with her supervisor’s knowledge, began killing elderly residents at the home with opiate overdoses. Specifically, one testifying nurse explains how she saw her co-worker leave a resident’s room only to then see that half a bottle of morphine was gone. The woman called her supervisor to report the incident—but nothing was ever done. Not wanting to be a part of something as heinous as the intentional overdosing of residents, the testifying nurse explained that she decided to leave work at the home and notify authorities of the goings-on.

The nurse explained that she knew the morphine was disappearing far too quickly. In an effort to test her suspicions, she marked a bottle and saw how much it dropped.

Earlier in the Illinois nursing home case, a separate nurse overheard her supervisor explain to the woman charged with administering the overdoses, “I don’t care if you play the ‘Angel of Death,’ but just don’t let me know about it.”

Separate from this criminal matter, our attorneys have filed an Illinois wrongful death lawsuit on behalf of one of the victims, Virginia Cole. Ms. Cole was 78 years old when she unexpectedly died of complications from a variety of symptoms, including confusion, hypothermia, and bradycardia—together indicating a possible drug overdose.

Ms. Cole’s death has left a devastating void in the lives of her family—the mother, grandmother, and great-grandmother was deeply loved. The very day before she was taken to the hospital, Ms. Cole was reportedly in great spirits, visiting with residents up and down the facility showing off her new hair style.

Continue reading "Nurse Offers Dramatic Testimony in Illinois “Angel of Death” Nursing Home Trial" »

A comprehensive Illinois nursing home operation run by the Illinois Attorney General’s Office continued yesterday, reports the Chicago Tribune. The Chicago nursing home Burnham Healthcare was the recipient of a surprise investigation by state officials—several arrests were made at that time. For a Chicago nursing home attorney, these investigations are a necessary first-step in improving the poor quality of care at many negligent Illinois nursing homes.

During yesterday’s investigation, four wanted criminals were found living at the facility. Ranging in age from 38 to 55, the residents were wanted by Cook County authorities for disorderly conduct, retail theft, drug possession, and trespassing.

Blog readers know that this is the latest in a long-running string of investigations that have found dozens of wanted criminals hiding out in nursing home across the state. The raids were initially begun to ensure that basic safety measures were in place and that health regulations were being met at negligent Illinois nursing homes. However, officials soon discovered that virtually all of these facilities were housing locals who were hiding from authorities.

Burnham Healthcare is located southeast of the city and is home to many young Cook County residents with mental illnesses. It had previously received the lowest possible rating from the Center for Medicaid Services in a report last June. The facility has also been the subject of a journalistic investigation into the worst nursing home in the area. That report described the death of a 63-year old Burnham resident following a physical attack at the facility.

Continue reading "Four Wanted Criminals Found in Chicago Nursing Home—Burnham Healthcare" »

A Chicago nursing home lawyer knows that negligence at long-term care facilities for the elderly come in many forms. Overt abuse by staff members is not nearly as common as basic lapses in care which leads to death and serious injury. The poor care most often involves things not done by workers that should have been. For example, Illinois nursing home wandering is a potentially deadly issue that occurs when staff members simply ignore the need to properly watch residents who are a flight risk.

Recently the Star Tribune reported on a nursing home death involving the failure of staff members to act in a timely fashion. A report released by state officials set the blame for a resident’s death on the negligence of employees of the Sunwood Good Samaritan Society of Redwood Falls. The facility had no formal process in place to identify and react to changes in condition of sick residents.

In the case described, a resident began coughing and gasping while having dinner. In response a nurse faxed a letter to a doctor explaining the woman’s breathing problems—that fax was never followed up. The following day the resident’s breathing continued to deteriorate and was compounded with lethargy and poor appetite. The resident’s condition steadily declined—she ultimately curled into a fetal position, had a grimace on her face, and had dark blue fingertips.

Yet it wasn’t until some time later that an ambulance was called—even then, it was not noted as an emergency situation. The woman was in cardiac arrest before the ambulance even arrived and died less than half an hour later.

Continue reading "Negligent Nursing Home Delay Leads to Resident Death" »

When a local family has questions about potential mistreatment of a loved one at a nursing home, a Chicago nursing home lawyer is often a good resource to contact about the situation. Besides that, after a serious event occurs that suggests problematic treatment, state officials may also get involved in investigations of poor care or abuse.

That is what recently happened in a case in Missouri.

St. Louis Today reported late last week on nursing home neglect allegations arising after a near death of a vulnerable resident at the Normandy Nursing Center. The state’s Protection & Advocacy Services are investigating the treatment of a 37-year old resident who was rushed to a local hospital last week after experiencing respiratory failure, renal failure, and suffering from dehydration and malnutrition.

Family members of the disabled man were furious when a court-appointed guardian apparently almost allowed the man’s ventilator to be turned off. However, a physician intervened at the family’s request, keeping the resident alive.

The victim is officially a ward of the state after his father secretly turned over custody to the state upon his being transferred to prison. However, the disabled family members have wanted to acquire guardianship and are upset at the man’s treatment at the Nursing Center. They report that he has lost nearly 100 pounds there, and they’ve noticed untreated infections when visiting him. According to the man’s sister, his relatives have visited him on many occasions, often complaining about his poor treatment at the hands of the care workers.

Two years ago, a resident at the same facility was killed after suffering a morphine overdose, even though the resident was not prescribed the drug. Two months later a second resident died from a similar opiate overdose. Authorities have yet to discover the cause of the mysterious nursing home deaths.

Continue reading "Nursing Home Abuse Allegations at Normandy Nursing Center" »

Each year Congress spends much of its time debating the ins and outs of the upcoming federal budget. The outcomes of those debates have tremendous consequences for all those concerned about Illinois nursing home care. For this reason, a quality Chicago nursing home lawyer will always follow the budget process and advocate on behalf of the most logical resolution that protects the rights and interests of our vulnerable senior citizens.

Unfortunately, a proposal working its way through Congress now offers a dangerous and possible debilitating rejection of the obligation to provide for the proper treatment of our elderly community members. The Consumer Voices reports that this week the U.S. House of Representatives passed the FY 2012 Budget Resolution. The measure promulgates a string of dangerous ideas: reducing and block-granting Medicaid funding, making Medicare a private voucher program, and ultimately destroying decades of bipartisan healthcare reform and guidance.

Illinois nursing home care would be severely harmed by the bill’s passage.

For example, the bill would cut away at quality standards of local nursing homes. In other words, these facilities would be told that they no longer have to ensure residents have a certain quality of life. With the lowered standards, enforcement and inspections would also be cut. In that way the worst nursing homes would have no fear of surprise inspections exposing their negligent nursing home care. Transparency requirements are also cut in the budget, so that facilities are no longer required to provide information that helps families decide upon the best home for their loved one.

Overall then the bill would lower standards, eliminate enforcement of those lowered standards, and hide information from families about the quality of potential homes. Passage of this unbelievably extreme measure would unequivocally harm the quality of Illinois nursing home care.

Continue reading "Illinois Nursing Home Advocates Should Stand Against Dangerous Federal Budget" »

All elder care advocates, a group which would include a Chicago nursing home lawyer, are concerned both with preventing elder abuse and improving the overall quality of life for area seniors. There remains the dual goal of not only protecting against “bad” things but promoting “good” things in the life of these vulnerable community members.

For example, Medical News Today reported on interesting new research which showed that elderly individuals who go shopping often—even as much as every day—were likely to live longer than less frequent shoppers. This apparent benefit was most noticeable in men.

The research published in the Journal of Epidemiology and Community Health included around 1,850 individuals over the age of 65. Of that group, around 22% shopped two to four times a week, about 17% went every day, and the remainder were less frequent shoppers.

Overall, those who shopped the most were most likely to survive longer. This was true even when a variety of other potential factors were accounted for and statistically controlled. Researchers indicate that shopping involves increases in the opportunity for a senior to take interest in their health and diet, meet companions, get exercise. All those benefits likely contribute to the individual’s well-being.

Continue reading "Chicago Nursing Home Lawyer Encourages Promotion of Elderly Quality of Life" »

Perhaps the most common yet underreported form of elder abuse involves the financial exploitation of senior community members. Tragically, the perpetrators of these forms of theft include elder care workers, alleged friends of the victims, and even their own family members. For many victims, savings collected over a lifetime are forever lost by these financial lies and deceptions.

The Chicago Sun-Times reported on a local case of similar exploitation. In this example of Chicago elder abuse, a man allegedly stole $900,000 from his elderly aunt whom he was supposed to be protecting. The victim was 91 years old and a widower without any children when her nephew gained power of attorney in 2005. The man was able to obtain the legal power because of the victim’s need for close care upon suffering from dementia and Alzheimer’s.

The abusive nephew hadn’t worked for 7 years prior to gaining power over his aunt’s estate. He was surviving only off of disability checks from the Social Security system. However, that all changed when he was given access to his aunt’s finances. Reports indicate that the man slowly sold the woman’s stock, annuities, life insurance policy, and even her home in an effort to pad his own bank account and use for his personal purposes.

He apparently bought a $53,000 Lincoln Navigator, a $30,000 wedding for his son, and even paid for a vacation for 8 people.

Suspicious family members had attempted to intervene in the situation. However, the abuser blocked all efforts. He housed his aunt in the basement of his own house and did not allow others to ask her about her finances or well-being. It was only after she passed away in August of 2008 that other family member fully understood the scope of the financial theft. A civil lawsuit was filed against the man and the Cook County Sheriff’s Police Financial Crimes Unit conducted an investigation. The abuser has since been charged with several felonies for his conduct.

Continue reading "Chicago Elder Financial Abuse Victim Loses $900K" »

A tragic example of nursing home negligence was reported earlier this year by KCBD News. The nursing home death occurred at a facility known as Tumbleweed and involved a 71 year old resident who froze to death after being outside for several hours in frigid conditions.

The victim was a known wanderer, had dementia and Alzheimer’s. Surveillance video indicates that the man wandered out of the facility, slipped, and hit his head on an object outside. Nursing home employees did not find the man until 8 a.m. the next morning by which point he had died of exposure to the elements.

Amazingly, the man had only been transferred to Tumbleweed that very day. He previously lived in a separate nursing home that was shut down by state officials. An anonymous nurse at the negligent nursing home explained that according to facility protocol, residents were supposed to be checked on every two hours. But that was never followed. On top of that, a new resident who is known to wander and has dementia should have been monitored even closer.

The nurse explained the risks of the facility revealing that residents “can be outside for hours” without notice by employees. She continued that regular checks of residents and alarms on the doors were only installed the very day after the death because the facility management expected there to be a fuss made about the safety of the nursing home. On a separate occasion that very weekend, the nurse explained that a resident left the facility and hitchhiked to another town.

The family has indicated that they will seek legal action against the negligent facility.

Continue reading "Nursing Home Wandering Death Explained By Inside Source" »

News about defective hip implants continued to roll in this week as it now appears that a U.S. Senate Special Committee on Aging will hear testimony today about the dangerous devices. Mass Device indicates that the hearing is connected to a large scale Senate investigation around the approval process currently available for medical devices and the effect of that process of patient safety. As the DePuy hip recall clearly showed, questions abound about the way in which devices are often rushed to market and harm unsuspecting medical patients.

The testimony in front of the subcommittee puts Johnson & Johnson—the conglomerate that owns DePuy—right in the middle of the federal investigation evaluating that medical device approval process. After the testimony of the Johnson & Johnson executives, the committee will hear from one of the victims of the recall—many Illinois nursing home residents have found themselves in circumstances just like the victim representative.

Following that personal appeal, a national researcher will touch on the broader issue and explain new data that reveals that devices that are approved through the 510(k) pre-market notification program usually include many more recalls than normal. This alternative approval process allows devices to reach consumers sooner, bypassing the Food and Drug Administration’s more comprehensive PMA protocol. This “short-cut” often has the effect of glossing over problems with involved devices.

“Internal reviews by FDA officials and other outside sources have found troubling lapses in the procedures by which a number of medical devices were approved," said the Senate subcommittee, adding that "the results of these investigations caused procedural and management changes to be implemented at the Center for Devices and Radiological Health in recent months.”

Continue reading "DePuy Hip Recall Spurs Senate Hearing on Device Approval Process" »

For the first time ever, the general public has access to new patient safety information released by Medicare. Chicago Breaking News reports that the hospital industry strongly objected to the public release of the data which identified rates of errors pulled from review of elderly and disabled patient hospital bills.

The release comes at a time when federal regulators remain committed to opening up the safety process and providing open information to the public. In this way, regulators hope that the source of the problems—from poor doctor communication to inadequate follow ups—will be rooted out and fixed. Dr. Donald Berwick, the head of the Center for Medicare & Medicaid Services explained that “any potentially preventable complication of care is unacceptable.”

The data includes a laundry list of medical errors and problems including objects left after surgery, infections, bloodstream issues, falls, bed sores, and similar complications. Readers will notice that the list includes many of the issues that arise in Illinois nursing home lawsuits. Overall, around 13.5% of Medicare patients in this study experience a mistake—labeled as an “adverse event”—ultimately costing taxpayers $4.4 billion a year. That figure doesn’t include non elderly and disabled patients.

All the Chicago hospitals included in the data were found to have problems of one kind. One issue that seems particularly problematic at most facilities across the area were hospital-acquired bloodstream infections. The University of Chicago Medical Center, Rush University Medical Center, and the University of Chicago Medical Center all reported higher than average rates of those infections.

Continue reading "Chicago Elder Care Data Released By Medicare" »

The Northwest Herald reported this weekend on the upcoming trial involving one of the individuals charged in what has been dubbed the “Angel of Death” case. Two defendants are facing criminal charges for actions that led to the death of several nursing home patients who were administered lethal doses of morphine.

The defendant in this first trial is a supervising attorney who is charged with failing to report Illinois nursing home abuse after she became aware of the deadly actions of one of the nurses whom she supervised. A certified nursing assistant heard the supervisor tell her subordinate, “I don’t care if you play the Angel of Death, but just don’t let me know about it.”

The case centers on the death of at least six residents at the Woodstock Residence. According to reports, a nurse gave several residents drug cocktails in an effort to “keep them calm” and “help them along.”

Our Chicago nursing home attorneys at Levin & Perconti have filed an Illinois wrongful death lawsuit on behalf of one of the victims, Virginia Cole. Ms. Cole was 78 years old when she unexpectedly died of complications from a variety of symptoms, including confusion, hypothermia, and bradycardia—together indicating a possible drug overdose. Ms. Cole died only a few days after being taken to the hospital.

The death came as a huge shock to the family of the mother, grandmother, and great-grandmother. The very day before she was taken to the hospital, Ms. Cole was reportedly in great spirits, visiting with residents up and down the facility showing off her new hair style. She daughter had visited her the very morning she was brought to the hospital and reported her in good shape.

Continue reading "“Angel of Death” Illinois Nursing Home Abuse Cases Near Trial" »

The latest report of Illinois nursing homes that have violated basic resident health, care, and safety laws was recently released by state officials. The Chestnut Manor, a nursing home in Herrin, Illinois, recently received several Type “A” Violations from the Illinois Department of Public Health and fined $20,000. The violations resulted from the facility’s failure to protect several residents from physical abuse and other violations of Illinois nursing home law.

Investigators at the facility discovered various cases of abuse involving over a dozen vulnerable seniors at the facility. One resident, a 58 year old female suffering from severe mental retardation, is prone to physical violence. Documentation revealed that the resident had at least 19 instances of violence and outbursts in a couple month period. At least 14 of those cases involved attacks on other residents at the facility.

However, facility employees kept no records related to the effects of those attacks. It is unclear if other residents were injured during the encounters. Yet even with the growing tally of physical abuse, the facility did not adopt any specialized behavioral plans for the violent resident. The supervising employee admitted to not being fully aware of the scope of the resident’s violence toward others. Obviously a continued string of physical abuse inflicted upon other residents would demand proactive action to prevent further problems. That active nursing home effort never occurred.

Continue reading "Illinois Nursing Home Violation: Chestnut Manor" »

The latest report of Illinois nursing homes that have violated basic resident health, care, and safety laws was recently released by state officials. The Chateau Nursing and Rehabilitation Center, a facility in the Chicago suburb of Willowbrook, recently received several Type “A” Violations from the Illinois Department of Public Health and fined $6,500. The violations resulted from the facility’s failure to follow proper procedure related to facility cleanliness, disease prevention, and other instances of Illinois nursing home negligence.

According to the report filed by state investigators, nurses at the facility were seen administering blood sugar tests in an unsanitary manner. The nursing home employees did not clean or disinfect the glucometers before or after the testing. On top of that, the facility did not have in place any policy or procedure for ensuring the cleanliness and proper sterilization of medical devices used, like glucometers.

Each and every resident who required blood glucose testing was exposed to potentially dangerous complications, because facility staff did not follow safe, effective precautions for disinfection. The lacksadaisical manner in which the facility ensured resident protection from communicable diseases placed many seniors at risk. The facility was found to have not done any analysis of infection control logs to determine the origin of various nosocomial infectsion in residents—as required by law.

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The L.A. Times published an extended analysis of new allegations of widespread Medicaid and Medicare fraud affecting many local senior citizens.

One scam involves tricking Chicago senior citizens into thinking that they need medical services that they do not, bilking Medicare information from those seniors, charging the public for the services, and pocketing the public funds. The scam is spearheaded by a business currently being investigated by local authorities in the Illinois Senior Medicare Patrol.

Chicago was recently identified as a “hot spot” of Medicare fraud, which experts believe costs American taxpayers as much as $70 billion a year. The designation has brought additional resources to the area with the goal of rooting out the problem. Most prosecutions so far have involved individuals who target senior citizens—likely because of their use of medical services and particular vulnerabilities.

For example, Chicago’s Chalice Home Healthcare Services, Inc. was charged with illegally boosting their Medicare payments by falsifying documents. The group listed patients as homebound and in need of skilled assistance even though that wasn’t true. In another case, the owner of Chicago’s Cottage Grove Community Medical Clinic ordered unnecessary diagnostic tests for seniors to boost revenues.

Besides stealing millions from taxpayers that could be spent on more worthwhile care, the fraud also has consequences for seniors. Older adults are often harmed with they are given an incorrect medical diagnosis. They can suffer complications from unnecessary testing and when their medical records are marred by inaccuracies.

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A new study was released last year which takes a financial look at medical errors. Health Finance News published an analysis of that data.

Overall, the research indicated at least 1.5 million medical errors were identified in a single year. The cost of those mistakes are estimated by actuaries to cost the American economy somewhere around $19.5 billion annually. The figures represent a staggering amount of total loss that does not account at all for the emotional toll affecting millions of victims, family members, and friends.

A closer look at the financial data suggest that one of the most common forms of Illinois nursing home abuse may ultimately cost American consumers the most. Of all types of errors, pressure ulcers topped the list of costliest—$3.86 billion is spent each year on correcting and treating these unnecessary ailments. Blog readers are well aware that Illinois pressure ulcer cases are tragically common.

Proper movement, repositioning, and consistent observation are capable of eliminating virtually all cases of these bed sores. Unfortunately, many nursing homes continue failing to provide basic care, and so the debilitating errors continue. In other words, these sores only develop because of improper treatment—in an ideal situation they would be extinct.

The head of the study explained that the study “highlights the need to reduce errors and improve quality and efficiency in American healthcare.”

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The latest report of Illinois nursing homes that have violated basic resident health, care, and safety laws was recently released by state officials. The Bloomington Rehabilitation & Health Care Center, a nursing home in central Illinois, recently received several Type “A” Violations from the Illinois Department of Public Health and fined $12,500. The violations resulted from the facility’s failure to, among other things, properly prevent abide by Illinois nursing home law in providing adequate living space for its residents.

Investigations at the facility showed that of the 32 resident rooms, two thirds of them do not provide even 80 square feet of living space for the resident. The 80 square foot requirement is the bare minimum allowable under current state regulations. However, most of the rooms at the facility have only 75 square feet of space—in direct contradiction to legislative requirements.

State lawmakers have created the bare minimum space requirements as a common-sense assurance that these vulnerable community members will be treated with the dignity and respect that they deserve. Far too often nursing home residents are not treated as the community members that they remain. As a result, little consideration is often given to their quality of life—the day to day actions that ensure they have mental and physical stimulation and outlets for their creativity.

The miniscule room sizes are a testament to that ill-treatment. Illinois nursing home residents are not cattle to be herding into the facilities without concern for their unique needs.

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The Examiner-Enterprise reported this weekend on a troubling story of nursing home abuse involving two residents at the Forest Manor Nursing Home.

According to the available reports, a 53-year old male resident entered a female resident’s room without invitation on Friday afternoon. The victim explained that the man began touching her inappropriately. He then exposed himself and asked her to perform sexual acts. She denied his request and alerted the nursing staff of the conduct.

The aggressive resident fled the room when the nursing staff entered. Police were called and the man was questioned, whereupon he denied doing anything wrong and began cursing at authorities. He was arrested and charged by a judge during his initial appearance. Bond was set in the case and requirements set forth ensuring that he have no contact with the victim or the nursing home.

During that initial hearing he explained that he had previously had a brain aneurysm. It is unclear it the man believes that the medical problem could have influenced his conduct.

Resident on resident abuse often goes under the radar of many concerned with care at these facilities. However, as the cumulative stories on this blog demonstrate, residents are often more at risk of Illinois nursing home abuse by the other individuals receiving care at a facility than by staff members. The prevalence of this sort of conduct make it vitally important that the nursing home employees do all in their power to ensure that residents at risk for this sort of conduct are prevented from acting out.

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A major problem with identifying nursing home abuse is that it is often difficult for family members to learn about the actual quality of care provided by staff members of these facilities. By their very nature, nursing homes provide care to vulnerable community members outside of close observation by the individual’s friends and family. Often, visitors at these locations are given an incorrect impression of the typical lifestyle of residents.

KCRA News reported earlier this year on an interesting approach to correct the oversight problem that may limit the prevalence of elder abuse. Video cameras in the rooms of nursing home residents have the potential to enforce better care and simultaneously provide evidence of poor treatment.

For example, the grandson of one nursing home resident installed a video camera in his 73-year old grandmother’s room. The video revealed that a staff member at the facility—Oaks Residential Elderly Care—was shaking the resident violently in her wheelchair. The grandmother eventually died. The use of this technology has been dubbed “granny cams” in reference to the “nanny cams” used to monitor the treatment of young children.

A nursing home lawsuit was filed in the case of the shaken resident. It was explained that the video camera was out in the open and nursing home staff members were warned of its presence. In that way, the electronic device was intended to serve as a deterrent—forcing staff members to think twice before visibly providing improper treatment. It is important to understand the difference as many local laws prohibit recording in areas where reasonable privacy is expected.

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The latest report of Illinois nursing homes that have violated basic resident health, care, and safety laws was recently released by state officials. The Asta Care Center of Rockford, a nursing home in the Chicago area, recently received several Type “A” Violations from the Illinois Department of Public Health and fined $10,000. The violations resulted from the facility’s failure to properly prevent Illinois nursing home abuse.

Investigations into conduct at the facility revealed that one aggressive male resident sexually abuse at least five female residents. The attacker is a resident who has been diagnosed with depression, Alzheimer’s with Delusions, Bipolar Disorder, and Mood Disorder. Overall his decision making is severely impaired.

The nurse’s notes indicate that the resident usually “wanders around in his wheelchair.” However, those notes also reveal that the resident has sexually abused female residents on at least eight different occasions. In one incident the man reached underneath a woman’s top as she lay reclining in her wheelchair. Employees saw the incident and documented it, but they did not report it to supervisors as required, inform the victim’s family, or take steps to ensure the misconduct was prevente.

Similar inappropriate conduct was repeated with at least five different female residents—three of them being inappropriately touched on more than one occasion. It is unclear why the staff members at the facility failed to take steps to prevent the repeated abuses.

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The Northwest Herald reported last week on a disturbing example of nursing home abuse at a Chicago-area facility. The incident occurred at a nursing home in Marengo, a northwest suburb located about 55 miles from the city.

According to reports, a worker at the Bethesda Lutheran Community Home—a facility treating mentally and physically disabled community members—was arrested for stealing from several residents. Three victims have been identified in the incident, with a total loss of $700.

The nursing home employee apparently took the money from each resident’s petty cash account. An audit of the individuals’ finances revealed the problem. The 38-year old employee was arrested shortly thereafter. She appeared in court this week on three charges of financial exploitation of an elderly person and one count of theft.

A local police sergeant explained that the perpetrator was in a supervisory role at the facility.

Examples of this elder financial abuse are far too common. What’s worse is that so many abuses of this kind are never brought to light; the victims are forced to suffer through the loss and the abusers are never brought to justice. The prevalence of elder financial abuse—including both large and small amounts—recently gained exposure during congressional hearings on the treatment of senior community members across the country. Mickey Rooney made a point to emphasize that he was a victim of such abuse.

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Tort reformers have made much ado about a study published this week in the New England Journal of Medicine entitled, “Relationship Between Quality of Care and Negligence Litigation.” The article claims to discuss the connection between federal nursing home quality indicators and nursing home lawsuits.

Proponents for changes in the judicial system that would limit the rights of negligence victims have long engaged in an information dissemination campaign attempting to legitimize their dangerous demands. This latest piece is more of the same—a misguided effort to add presumed sophistication to skewed ideas.

Rooting out the truth in this analysis involves examination of a few basic concerns: Who wrote the article? What information did they use? What results did they find? What do those results mean? A brief examination of those questions follows.

The Authors
It will come as no surprise to objective readers that several authors of this article, including the corresponding author, are paid by organizations seeking to limit the rights of negligence victims. These advocates receive compensation for their promotion of information that would take away possible legal choices from those injured and killed by the wrongdoing of others.

Insurance companies, for example, stand to save vast swaths of money if they are able to minimize their payouts to the victims of their clients. Two of this study’s authors are paid consultants for the American Medical Risk Insurance Company.

All the results that follow should be understood with that caveat in mind.

The Data
One troubling aspect of the research is the hidden nature of the participating nursing homes. The authors explain that the data comes from information voluntarily provided by 5 nursing home chains. For reasons unknown, the chains apparently self-reported the specific number of claims that have been filed against them, the type of claims, and the outcome. The reader is not apprised of what those chains are, what the specific claims were, or how the information was accurately culled.

The researchers also claim that they were made privy to the terms of settlement of claims. It is unclear how or if the nursing homes involved were affected in providing accurate information by non-disclosure agreements often included in settlement matters.

Another potent concern is the possibility that internal differences between quality nursing homes and poor nursing homes affect their self-reporting and consequently skew the entire endeavor.

In short, the data represents hidden information provided solely by a select group of nursing homes in a manner than cannot be tested, verified, or reproduced. No indication is made of why a reader should rely on these self-assessments.

The Results
It is with those glaring concerns about the data that the results must be considered. Surprisingly, the bottom line of the study is a bit underwhelming. The authors are forced to admit that, “the odds of being sued were significantly higher among nursing homes with more deficiencies.” Similarly, those homes that had more serious deficiencies were more likely to face a lawsuit.

Clamor was instead made because the odds of increased lawsuit were apparently not as high as the authors expected. However, even that observation is a bit overstated, as certain measures provided expected results. For example, nursing homes found by federal regulars with more pressure sore deficiencies were 100% more likely to be faced with a pressure sore lawsuit.

Unfortunately, the researchers did not have many different indicators connecting specific types of deficiency and specific type of lawsuit. Instead, the claim of minimal correlation between deficiencies and lawsuits was made on a generic basis. The reality is that certain types of deficiencies are more amenable to a judicial challenge because of the unique difficulties of proof required to succeed in a legal matter. It is entirely possible that some facilities have a higher amount of deficiencies in categories that are not often litigated. Consequently, the connection between deficiency and litigation would be artificially weakened.

The Lesson
In total, the article claims that an average nursing home in this anonymous group was presented with roughly a single lawsuit every two years. In that same span of time, the facility was cited by regulators for at least 7 deficiencies. That does not even account for the problematic incidents that are never caught by infrequent federal inspections. Therefore, the data could be read as revealing a logical reality: only the most egregious examples of nursing home abuse or negligence lead to nursing home lawsuits. Put another way, there are many more found deficiencies than there are lawsuits.

Regardless, nothing indicated in this questionable study has any bearing on the relationship between the legal system and victims of nursing home abuse and neglect. The general claim made here about lawsuits faced by different nursing homes ignores the face that nursing home lawsuits are filed by specific victims based on specific incidents. No legal roadblocks should be impede the option of those who were wronged to seek fair recourse in an impartial legal system.

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