Illinois Nursing Home Abuse Blog

Perhaps the biggest political issue currently by Congress involves a House of Representatives proposal that would inflict severe damage to the Medicaid system upon which so many Illinois nursing home residents depend. We have blogged frequently on this issue, which has taken on a variety of forms over the past pair of month.

Fortunately, the U.S. Senate voted last week to reject the proposal known as the “Ryan House Budget” which would have turned Medicare into a private voucher system—ultimately slashing funding for Medicaid and making it a block-grant program. However, the threats to the medical system are not over, and it remains more important than ever for advocates to contact their U.S. Senator and voice opposition to plans that would destroy Medicaid.

The Consumer Voice pointed out recently that Memorial Day marks the beginning of the constituent season for most members of Congress. This means that starting this week, most federal legislators head home to talk with members of the community who they represent. For that reason, it is incredibly important for nursing home advocates to use the opportunity to advocate against plans to cut, cap, or block-grant Medicaid.

On top of that, it is vital advocates defeat the current proposals to completely eliminate important measures that were included in the Nursing Home Reform Law. It is not an overstatement to say that Illinois nursing home abuse may become more prominent if these dangerous measures are enacted. Standards will be lowered, resident rights will be removed, and annual inspections will be curbed.

Continue reading "Memorial Day Week is an Important Time to Contact Senators To Save Medicaid" »

The Chicago Tribune reported today on developments in Springfield related to curbing the amount of Illinois nursing home abuse in facilities assisting developmentally disabled residents. Blog readers are well apprised of the many examples of neglect that have been publicized recently involving the care at these homes.

For examples, rightful indignation has followed reports of the care given at the Chicago home Alden Village North—likely one of the main motivators of the bill. At least 13 children were killed at the home in the last decade alone. Investigations following those deaths revealed a wide range of mismanagement, poor oversight, and negligent care which contributed to the minor’s struggles. Other cases from throughout the state have involved extreme verbal abuse, and even aggressive physical abuse. In one instance a developmentally disabled man was killed when several care workers physically beat him for taking a cookie without permission from the home.

Today the Illinois House passed a measure aimed at improving care at these facilities and holding them accountable for their problematic treatment of area residents. If the proposal passes the Senate and is signed by the Governor, the new bill would increase the penalties of those facilities found to have violated the law. It would also change the reporting requirements, and ensure that families are made aware of problematic treatment at the facility much more quickly. Those families would then be able to make more informed decisions about whether the facility is actually the appropriate location for their loved one.

Continue reading "Illinois General Assembly Passes Bill Tightening Nursing Home Regulations" »

It remains appalling to read about some cases of egregious Illinois nursing home abuse and neglect. For the vast majority of citizens, it shocks the senses to consider what some are capable of doing to vulnerable residents at area facilities. For example, the purposeful drug overdosing of residents—like in the “Angel of Death” case—is hard for a regular individual to wrap their head around.

Cases of sexual abuse typically engender the same reaction. Empire State News recently reported on the sentencing hearing in one of those cases. A former nursing home care worker at the Amsterdam Nursing Home was found guilty of sexual abuse of a resident. In total he was found guilty on three charges including sexual abuse, endangering the welfare of a vulnerable elderly person, and endangering the welfare of a disabled person.

The charges stemmed from the man’s abuse of one particularly vulnerable 61-year old resident. He was a morning shift worker who was assigned the care of the stroke patient who was partially paralyzed and unable to speak. The victim was completely dependent on the nursing home staff for most of her daily needs. One morning the man went into the victim’s room claiming to be assisting her with personal hygiene. However, after the on-duty nurse saw the woman’s call light come on repeatedly, she went into the room. There she saw the man sexually abusing the helpless resident.

After hearing the evidence in the case, the jury found the man guilty and he was recently sentenced to seven years in prison. Following that time, he will then be under post-release supervision for ten years and be required to register as a sex offender.

Continue reading "Sentence Determined in Nursing Home Sexual Abuse Case" »

An Illinois nursing home neglect lawyer must remain aware of the changes in the law that may have some effect on those injured by poor nursing home care. This requires that we closely follow the activities of our state lawmakers in Springfield. An added benefit of this attention is that we are made aware of all proposed legislation that would have damaging effects on the rights of those injured by nursing home negligence and abuse. We can then advocate against the destructive proposals.

For example, we recently became aware of a bill that was passed last week by the Illinois General Assembly that represents an important advance in requiring open and accurate information about the passing of our loved ones. The legislation which was approved by both house of the General Assembly, HB1658, amends the Vital Records Act and will require those responsible for filling out the medical certification or cause of death on a death certificate to ensure that more information in listed in those documents. Death certificates must now note if methicillin-resistant staphylococcus aureus (MRSA), clostridium difficile, or similar infections were the cause or a contributing factor in an individual’s death.

Blog readers know that MRSA commonly affects residents in nursing homes and those in hosptials. All individuals that have open wounds, use invasive medical devices, and have weakened immune systems—like hospital patients and nursing home residents—are at risk of developing these complications. They are also the most likely to be severely harmed by the consequences of those infections, far too often leading to death.

It remains imperative for all those assisting at-risk individuals like nursing home residents to do everything in their power to prevent these infections. Simple steps are often all that is necessary to prevent the spread of these infections, such as ensuring proper hand washing at all times.

Continue reading "New Illinois Bill Would List Infection Data on Death Certificates" »

At one point or another virtually everyone will give thought to long-care care services such as those offered at nursing homes—either for themselves or an elderly loved one. Many will enter the process with little familiarity with the details of choosing an appropriate facility or information about the services available to them. In our area, this lack of knowledge is one of many factors that contributes to Chicago nursing home negligence and abuse.

To help spread the word about the importance of making informed choices in these matters, the Consumer Voice has published a guide called “Piecing Together Quality Long-Term Care.” The material is designed for all those who themselves are receiving long-term care, those who may receive it in the future, and all advocates of those who need this care. The guide provides vital information about the care options available to everyone and shares specific ways in which each individual can take command on the process.

Far too often those seniors and disabled community members who are in need of care-giving services and support are forced to simply “go with the flow” and do as their told. Far too few actually believe that they have a voice when it comes to their own care. As a result, many deal with their substandard treatment in silence. This guide is an initial resource to help break that silence and empower all involved individuals to demand adequate care. It provides information on a variety of long-term care options like home and community based services, residential settings, hospice care, and others.

Continue reading "Consumer Voice Launches New Guide to Help With Long-Term Care Decisions" »

Blog readers know that our Chicago nursing home attorneys at Levin & Perconti have filed an Illinois wrongful death lawsuit on behalf of Virginia Cole, one of the victims in the so-called “Angel of Death” case. 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 from the Woodstock nursing home. 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. Her daughter had visited her the very morning she was brought to the hospital.

A nurse at the facility is awaiting trial for intentionally providing drug overdoses to several residents at the facility, including Ms. Cole. Specifically she has been charged with four counts of criminal neglect, obtaining a controlled substance by misrepresentation, and unlawful distribution of a controlled substance.

The trial is set for the middle of October, but some evidentiary matters are already being decided. For example, the Northwest Herald recently explained how a judge recently ruled that prosecutors in the criminal case would be allowed to use a conversation of the nurse taped while talking with Illinois state police investigators. The defense had argued procedural violations should exclude the information from trial because of the conditions under which the conversation occurred.

The United States Supreme Court has ruled that information that is obtained under certain circumstances can be excluded from trial. However, the judge found that none of those conditions were met in this case. He determined that the nurse was not in custody at the time of the conversation and thus there was no confinement or coercion which would trigger the exclusionary rule.

Continue reading "Evidentiary Matters Settled in Second Angel of Death Nursing Home Case" »

Last week the Chicago Tribune published a story highlighting some examples of Chicago nursing home neglect that often fall under the radar screen. Many disabled adults currently live in group homes with other residents. Last year alone 130 cases of abuse and neglect at those homes were reported in Illinois—a startling 33% increase over the last four years. In most cases the abuse occurs at the hands of care workers who receive scant supervision and have little repercussions for their conduct.

Earlier this year we shared the tragic story of a disabled man in an eastern Illinois group home who was beaten to death by his caregivers. Other examples of Illinois nursing home abuse include residents who are verbally cursed for failing to clean dishes properly and a man with Downs Syndrome who was dragged down the hallway by his ankles while screaming in pain. A caregiver in a Belleville home let a wheelchair bound resident fall 6 feet from a van lift and then lied about the event. In one case care workers failed to notice that a female resident had wandered off—she ultimately drowned in a nearby pond.

To help combat the problem state officials have proposed legislation increasing oversight of these facilities; part of those changes would make it easier for the public to learn of the abuse cases. Operators of these home usually claim that the low-pay offered to these workers means that some “unsavory” characters are hired and allowed to treat residents.

Continue reading "Illinois Group Home Abuse Remains Overlooked Problem" »

Ozarks First recently reported on a tragic nursing home fall that took the life of an elderly resident earlier this month at the Springfield Skilled Care Center. The case is raising awareness in the community about the often poor eldercare many of these residents receive.

According to reports, the police received a call early in the morning about the death of a resident. Strangely the call informed the officers that the victim had not died inside the facility but outside. Upon arrival the responders discovered that the victim was an 81-year old Alzheimer’s patient that had attempted to climb out a window. Apparently the woman was in a secured unit, but was still able to make the attempt. She died from a broken neck resulting from the fall.

Sadly the facility had previously been cited by state officials for their failure to prevent falls, among a variety of other negligent care practices. But that negligent care was apparently never fully corrected.

The tragic death is similar to many other nursing home falls that occur across the area. Many residents at these facilities—such as patients with Alzheimer’s or dementia—are known fall risks and flight risks. Those risks are often the very reason why many individuals seek care at these facilities. Close and constant observation is the best way to prevent those injuries. However, if the care workers at the facility do not provide that close observation than damaging accidents often strike.

Continue reading "Alzheimer's Patient Dies in Nursing Home Fall" »

The New York Times reported last week on lobbying efforts by nursing home owners which is seeking to create an exemption for themselves in the new national healthcare law. In other words, nursing home operators do not want to have to buy health insurance for their own care workers. Sadly it is unsurprising that these big operators would take this step considering many of them in our area already have no qualms about cutting corners in total staffing numbers, leading to Illinois nursing home abuse and neglect.

According to the new law which seeks to provide coverage to all those who have previously been unable to afford coverage, all employers who have 50 or more full-time employees will be required to offer affordable health insurance or risk a penalty. This rule takes effect in 2014.

However many experts believe that Congress should not allow these nursing homes to get out of providing healthcare to their employees. Beyond fairness to the employees, the health and well-being of the nursing home residents are affected.

One advocate explains, “If employees have health insurance, they are more likely to be treated for illnesses, less likely to pass on infections to nursing home residents and more likely to get early treatment for occupational injuries.”

Home care providers are also seeking a similar exemption. In total, an industry group explains that about 26% of front-line nursing home works and 37% of home care agents are without their own health insurance. Nursing assistants, for example, usually earn $10 to $12 an hour and often are unable to afford healthcare costs.

Continue reading "Nursing Home Owners Seek Exemption From Federal Healthcare Law" »

Our Chicago nursing home lawyers have been keeping a close eye on the advance of a bill know as the HEALTH Act or H.R. 5 since its introduction in Congress this spring. As we have frequently explained on this blog, the measure would strike a damaging blow to the rights of all those have been injured by those who are responsible for making them well, including doctors, nurses, and nursing home care workers.

Various provisions in the bill are targeted at limiting the amount of recovery that victims can seek and making procedural changes so that negligent companies and hospitals would not have to face any accountability for their actions. It’s clear that all Illinois nursing home abuse victims would be ill served by the measure.

Unsurprisingly, considering the damage the bill will cause, the arguments being made in its favor are often seeping with misstatements and hypocrisy. As Gibson Vance explained in a letter published by Roll Call, this tort reform measure would be binding on all states, regardless of how that state has previously decided matters of this sort. In this way it represents a clear affront to federalist principles, which is surprising considering that it is being pushed by the very legislators who so often believe that the federal government oversteps its bounds of power.

For example, many of those claim that the comprehensive Affordable Care Act—Obamacare—is unconstitutional because Congress lacks the ability to pass such a measure pursuant to the Commerce Clause. Yet it is the same clause in the constitution that those advocates believe allows them to force all states to act pursuant to their wishes with mandates like those in H.R. 5.

Historically, issues related to the justice system and Illinois nursing home lawsuits have always been decided by the actual state representatives from Illinois. It remains disheartening that those legislators who so often champion states rights are now turning a blind eye to their principles. The very sponsor of this bill has repeatedly criticized laws that present a “Washington knows best” approach to lawmaking. But apparently he is able to forget that principle when it suits a particular need. This hypocrisy is one of the key reasons why bipartisan groups like the National Conference of State Legislatures are staunchly opposed to H.R. 5.

Continue reading "Illinois Should Be Able to Regulate Its Own Nursing Home Abuse Lawsuits" »

The Chicago Tribune reported this week on a troubling report which discusses systematic Illinois abuse and neglect suffered by local children. Yesterday we discussed state legislative changes which were spurred by the Chicago nursing home abuse of disabled children at Alden Village North. Unfortunately, other facilities may be just as rife with mistreatment.

Experts at the University of Illinois at Chicago released a report through the Department of Children and Family Services which confirms claims from last year of sexual assault of several youth at the Chicago Lakeshore Hospital. The prominent facility receives millions of dollars each year to treat area children who often have traumatic histories of abuse and neglect.

According to the report there were at least four instances of sexual assault at the location since 2008. Those figures combine to make a total of 18 reports of rape and sexual abuse at six area psychiatric hospitals in that same time frame. The victims were all under 18, with the youngest only 7 years old.

The new report cites staffing failures as a key reason for the abuse. In many instances a single staff member was charged with monitoring 15-22 youths in a dayroom. The investigators noted that “A supervision failure […] directly contributed to each of the sexual assault incidents.”

In one of the cases an 11-year old boy was raped by two older youths who cornered him in a bathroom. The location was supposed to be monitored every 15 minutes. In another case, a 15-year old girl was raped by three male patients who snuck into her room at night.

Continue reading "Reports Finds Sexual Abuse and Other Negligence At Chicago Lakeshore Hospital" »

It seems that this year many Illinois nursing home lawyers are engaging in a bevy of advocacy efforts to fight misguided and dangerous pieces of legislation at both the state and federal level. Blog readers are well appraised of various bills which, among other things, would make it more difficult for victims of abuse to file lawsuits and roll back important safeguards that ensure proper care at area facilities.

Fortunately, there are also a few bright spots when it comes to possible legislative changes to improve the care of area residents this year. For example, the Chicago Tribune reported last week on recently introduced state legislation that seeks to protect disabled children who are currently victims of Illinois nursing home abuse. The reforms would increase the penalties for facilities that fail in their care-giving—a move that will hopefully spur the worst facilities to clean up their act.

On top of that, the measure would increase the situations when a facility is required to notify a family about problematic treatment. More stringent limits on the use of psychotropic drugs, limits of new admissions to the worst homes, and more oversight following deadly conduct are all also included in the proposed measure.

It clear that the conduct at the Chicago home Alden Village North was one of the prime motivators of the bill. At least 13 children were killed at the home in the last decade alone. Investigations following those deaths revealed a wide range of mismanagement, poor oversight, and negligent care which contributed to the minor’s struggles.

Continue reading "Illinois Nursing Home Legislation Would Help Protect Vulnerable Residents" »

A trial is currently underway that stems from the lawsuit that was filed following the death of resident who fell from her hospital bed. As reported by Naples News, the suit stems from an event that occurred in March of 2009.

The 76-year old victim was taken to the NCH Downtown Naples Hospital emergency room after experiencing shortness of breath; she then suffered a stroke in the ER. Following her stroke the woman was well known as a fall risk. However, after a few hours of time in the hospital, the nurses went to check on the woman to discover her face down in a pool of blood on the floor. The woman had a broken nose, black eyes, and fractured teeth. The very next day after that fall the woman had passed away.

Like similar Illinois nursing home lawsuits, the family of the victim in this case eventually filed a suit against the woman’s caregivers for their failure to prevent the deadly fall.

These and similar events are far too common an occurrence. In fact, the Centers for Disease Control noted that falls are the leading cause of accidental death among our elderly community members. In fact, a second lawsuit was actually filed against the very same hospital following a patient fall. In that previous case a 91-year old patient was found on the floor of her room after falling out of her bed. That victim had a known balance problem. She broke her hip in the fall and died two weeks later.

Continue reading "Nursing Home Lawsuit Alleges Negligence Lead to Resident Fall" »

This morning members of the Illinois State House of Representatives will hear comment on a proposed amendment to the previous passed Illinois nursing home reform legislation that would essentially roll back all of the important changes made in that reform bill.

AARP advocates in Springfield reported on the move to amendment and change previous compromises related to Illinois nursing home law. The amendment would be a severe step backward in improving the care and treatment of our elderly loved ones in nursing homes and assisted living facilities.

For example, among other things, the bill would suspend the hiring of more surveyors to help monitor the treatment at area nursing homes. It makes increased staffing at facilities no longer mandatory but instead hinged to a speculative “bed tax.” It stops a pilot project that examined the benefit of criminal background checks of residents. The amendment would also stop the creation of a “distressed facilities” list which helps consumers determine which homes are the worst of the worst.

On top of those changes, the amendment also rolls backs all fines to nursing homes issued for egregious care. On this blog we often report on some of those fines and citations issues when a facility has clearly violated the law and failed to provide adequate care to their residents. The fines were increased appropriately in the original nursing home reform law, but this amendment would essentially return those levels to exactly where they were before the reform measure.

Continue reading "Illinois Nursing Home Law May be Changed to Roll Back Reform—Call Your Representative Now" »

It doesn’t take a study for a Chicago nursing home lawyer to tell you that local nursing homes with the fewest actual nurses are more likely to allow the preventable spread of infections among residents at the facility. Common sense dictates that fewer medical professionals at these homes mean that residents will have less direct contact with personnel who can take steps to ensure that they remain free of medical complications, like nursing home infections.

A recent article in AMED News provides more specific data to back up that logical fact. The research was conducted by the University of Pittsburgh Graduate School of Public Health. The investigators took several years of records related to the certification process for the Centers for Medicare and Medicaid studies —from 2000 to 2007. The data provided information on staffing levels deficiency citations and characteristics. In addition, over 100,000 observations were added to the information to provide a large sample linking infection rates and known problems at nursing homes with the amount of nursing staff at the facilities. Overall, 96% of nursing homes in the United States were represented in this study.

The results, published in the American Journal of Infection Control found that a large number of homes have problems holding preventable infections in check. Nearly one-sixth of all facilities were specifically cited by CMS for problems in this area. Nursing staff levels were found to very clearly correlate with the worst offenders. More specifically, those homes that provided the fewest care hours with nurses and nurse’s aides were much more likely to have trouble sustaining proper infection control.

The researchers concluded with the take-away that these facilities should ensure that their staffing levels remain robust to help protect these vulnerable elders.

Continue reading "Higher Nursing Home Infection Rates Linked to Low Nursing Staff Levels" »

A bed sore lawsuit was recently filed by the husband of a woman who died from complications due to an infection acquired at a hospital. About Lawsuits explains that the lawsuit alleges that physicians at the Portsmouth Regional Hospital were negligent in their duties to prevent the development of complications for a 60-year old stroke victims. Their substandard care may have led to the woman’s unfortunate death.

The wrongful death lawsuit explains how the victim had suffered a stroke and spent three days sedated and unable to move following her stabilization. Yet, her medical professionals failed to properly account for the potential of bed sore development resulting from the immobility. As a result of their negligence, the woman had several sores develop which then became infected by fecal contamination. In a spiral downward, doctors were never able to return her to proper health following that infection. She underwent several surgeries in the following two months, but eventually passed away from the complications from the pressure sores.

The complaint which officially started the lawsuit proceedings explained that the professionals should have performed basic tasks to identify and treat the sores earlier. Those who have familiarity with common, preventable complications in these matters know that bed sores develop when blood flow stops at a particular area of the body. This occurs when a victim has pressure on one area for a considerable length of time without movement—that is why they are often also known as pressure sores. The areas that are most susceptible to these problems are areas with prominent bones and only minimal layers of skin, such as elbows, heels, and tailbones.

Nursing home residents are particularly at risk of suffering from these complications because they frequently have mobility problems. They are often dependent on their caregivers to provide proper movement and relief to those areas which may develop the sores. Even with the risks, it is accepted that bed sores can almost always be prevented if proper, consistent care is provided to the vulnerable patients and residents. Early detection of these sores is essential to ensure that infection does not develop.

Continue reading "Bed Sore Lawsuit Filed After Infection Causes Death " »

The New York Times Old Age blog recently published a post that discusses the often challenging issues around the insertion of feeding tubes in nursing home patients. Feeding tubes are devices that are inserted into patients who are unable to eat and swallow. Like other medical options that intend to prolong the life of severely ill loved ones, deciding whether or not to use these methods is tough for many families.

The issue forces families to make choices about the quality of life of their loved and the wishes that the individual may or may not have had. Studies indicate that the tubes may not even extend the life expectancy of recipients. Of course, the tubes also do nothing to improve the quality of life. Many residents are physical bothered by the tubes and must be restrained or sedated to avoid pulling them out. Infection, nausea, vomiting, and diarrhea are also common side-effects.

The problem is particularly common among dementia patients who usually experience chewing and eating problems as the disease progresses. About one third of Illinois nursing home residents with advanced dementia ultimately receive the tubes.

Amazingly, some of those residents receive the feeding tube without any consultation with the resident’s family. In what may be grounds for a nursing home lawsuit, some families report walking into their loved ones room to find that a tube had been inserted without consent. One doctor involved in the study believes that a rush to discharge these patients is at the root of the problem. He asks: “How do we move someone quickly out of the system? You put the feeding tube in, you send people back to the nursing home.”

Continue reading "Feeding Tubes Should Remain Family Decisions in Nursing Homes" »

Yesterday we reported on activity at the state level that would place the care of our Illinois nursing home seniors in jeopardy. Proposed budget cuts would drastically reduce the amount of money available for many local homes to provide adequate levels of staffing and in other ways ensure that our loved ones receive the basic treatment that they need to survive.

Unfortunately, the care of our senior citizens is also at risk of slipping with proposed changes at the federal level according to the Consumer Voice. Forty years of federal advocacy resulting in improved safety standards and accountability measure for these facilities may be rolled back. In addition, even more Medicare and Medicaid spending caps would be so severe that many residents would simply be denied the treatment that they need.

The changes are part of two separate measures: the Ryan Budget Resolution and the Medicare and Medicaid caps. Included in the budget changes are reduction and repeals of various standards to which nursing homes have been held. These facilities would face less inspections and less enforcement, losing hard-fought oversight which has led to vast improvements in care over the last several decades.

Those regulatory changes would then be combined with crippling Medicare and Medicaid reductions which would leave many seniors with no options for help.

Please take the time today to contact you U.S. Senator and urge that they oppose these cuts and changes. An email, letter, phone call, town hall meeting comment, or any other method of contacting your official and sharing your support for our area seniors will go a long way to ensuring that thousands more elderly community members are spared pain and suffering.

Continue reading "Federal Changes May Result in More Illinois Nursing Home Abuse" »

One of the most common (and well documented) causes of Illinois nursing home abuse and neglect is understaffing. When a facility has too few employees to do that work that is needed to care for their residents on a daily basis, then the risk of some residents falling through the cracks and suffering from poor care is drastically increased.

The state of Illinois recognizes this connection, and so it has set guidelines for quality care at nursing homes which includes certain mandated staffing and nursing levels. Time and again the most egregious cases of poor care leading to nursing home residents developing pressure sores, falls, medication errors, and other forms of neglect are traced back to facilities that have far too few employees working each day to provide the necessary care.

Unfortunately, the latest proposed state budget for Illinois may strike a severe blow to all those concerned with ensuring adequate staffing levels and improving the quality of care at nursing homes. According to the Illinois Times, the proposed budget would cut 6% of Medicaid support to state nursing homes. Depending on whose number are analyzed that means anywhere from $70 million to $119 million will stop flowing to theses home statewide. Another nursing home funding advocate explained that federal matching funds may also be lost in the effort, meaning that the cuts would actually amount to between $140 million to $240 million dollars.

Many nursing home workers worry that the cuts will be impossible to absorb, resulting in substandard care for more vulnerable seniors.

Continue reading "Illinois Nursing Home Neglect May Increase With State Budget Cuts" »

Over the past several days we have posted on a common form of Illinois nursing home neglect: abuse of antipsychotic drugs. The overuse of these medications—Risperdal, Seroquel, Zyprexa, and others—is one of the prime factors leading to nursing home resident apathy and overall decreases in their quality of life. It should be obvious that no resident should be on these medications unless they are clearly needed to treat a medical condition.

However, as the well-publicized new federal research demonstrates, there remains a rash of misuse, overuse, and unnecessary use of these nursing home medications. For example, one of six prohibited practices by Medicare involves antipsychotic drug use where there are inadequate indications of the need. Generally, this means that the drugs are given to a patient without a pertinent rationale for doing so.

In many cases the inadequate indication of need is found when the drugs are used to treat certain symptoms while ignoring the underlying medical issue that causes those symptoms. Often a resident will be suffering from an uncomfortable problem, such as a urinary tract infection, and exhibit certain symptoms like restlessness and agitation. Instead of corrected the actual issue—the infection—many nursing home care workers simply prescribed antipsychotic medication to deal with the agitation.

As a result, the underlying condition goes untreated and the resident suffers through side effects of these drugs unnecessarily. It remains a potent problem that needs to be addressed.

Continue reading "Illinois Nursing Home Antipsychotic Drug Use Often Violates Federal Requirements" »

Yesterday we posted a story on the new federal report which found massive misuse of antipsychotic drugs in nursing homes. An even closer look at the report indicates how the inappropriate use of these substances acts as a violation of federal Medicare law. Illinois nursing home lawyers are well versed in the ways that many local facilities continue to skirt requirements at the state and federal level, and this issue is no exception.

For example, Medicare standards require that nursing home drug plans not involve what are deemed “unnecessary drugs.” That standard includes medication in excessive doses, for longer than needed, without proper monitoring, with insufficient indications of effectiveness, and with too many negative side effects.

Another requirement does not allow nursing home residents to be given antipsychotic drugs for the first time unless it is for specific diagnosed and documented condition in their medical record. In other words, nursing homes are never supposed to use these drugs as mere “chemical restraints” which essentially dull many residents so that they are easier for employees to handle. Of course, the huge downside on the quality of life of the resident should alone be enough to stop this dangerous practice.

Many family members notice the effects of this unnecessary use of antipsychotic drugs soon after their loved one enters a facility. The sluggishness, loss of excitement, energy, and engagement with life is a prime indicator of overuse and unnecessary use of these substances.

Continue reading "Illinois Nursing Home Neglect Often Involves Unnecessary Drugging" »

The Inspector General’s Office with the United States Department of Health & Human Services recently released the results of a new study evaluating the improper use of atypical antipsychotic drugs in nationwide nursing homes. Our Chicago nursing home lawyers have long explained how many area residents are given drugs unnecessarily and without clear concern for their safety. This new report seems to echo those concerns about the proper use of antipsychotic drugs.

Specifically, the report found that more than half of all Medicare claims for atypical antipsychotic drugs were wrongly filed. In the period studied, the first half of 2007, the financial cost of the errors amounted to $116 million. That means that roughly $232 million in taxpayer funds are spent each year on antipsychotic drugs that are not needed.

Not only were the atypical antipsychotic drugs used erroneously, but they were often administered incorrectly. For example, 22 percent of the drug claims failed CMS standards on unnecessary nursing home medication use—that cost alone amounted to $63 million for half of the year.

The Inspector General’s Office recommended a variety of changes to crack down on the nursing home medication errors. Those include an assessment of potential new safeguards by the Center for Medicare and Medicaid Services to ensure compliance with existing standards. The office also suggested more appropriate action plans be taken against erroneous claims submitted by nursing homes.

Continue reading "Federal Report Finds Mass Problems With Nursing Home Antipsychotic Drugs " »

A Chicago nursing home lawyer who has spent a few years in the field soon becomes aware that more resident may be killed every year from infections than from any other single medical problem. Nationwide nearly 400,000 nursing home deaths occur each year because of infections. Therefore, getting to the bottom of the cause of many of those infections would go a long way to save a huge number of lives. UPI News recently published a summary of a major nursing home research study that attempted to do just that.

According to the report out of the University of Pittsburgh’s Graduate School of Public Health, understaffing at these nursing homes and assisted living facilities may be one of the prime causes of the killer infections. The study used over seven years of Medicare and Medicaid data involving over 16,000 nursing homes—essentially 96% of all homes in the country.

The infection data from these facilities was compared against certification information on staffing levels. A strong correlation was found between the inadequate staffing levels and increased infections among nursing home residents.

One of the study’s authors offers a succinct summary of the important findings: “The issue of staffing is very prominent in our finding; that is, nurse aides, LPNs and RNs, low staffing levels are associated with F-Tag 441 citations. With low staffing levels, these caregivers are likely hurried and may skimp on infection control measures, such as hand hygiene.”

Continue reading "Illinois Nursing Home Infections May Be Caused By Understaffing" »

A Chicago nursing home lawsuit is usually only filed to handle egregious cases of abuse and neglect that cause severe injury to resident victims. However, those clear problematic cases only scratch the surface of poor care at these assisted living facilities. The vast majority of residents continue to live in sterile nursing home environments that give little concern to the overall quality of life of those who live in the facility.

However, slowly some nursing homes are becoming more aware of the need to eliminate the institutional feel of these facilities, reports the Peoria Journal Star. One advocate explains what the old model looks like, noting that, “we’ve herded them like cattle to bed, to bathe, to the dining room…we’ve institutionalized our elders.”

Now there is a push to make nursing homes more like an actual home. The overall effect of the changes is to make all facets of care more resident-centered—making changes to when residents eat, sleep, what they do during the day, and how the facilities look and feel.

The largest changes involve having residents live in small, community-like setting of 10 to 12 residents, each with private rooms and baths. Meals are more flexible and served family style, instead of on rigid schedules in institutionalized ways.

While the cost of building smaller, better facilities is financially intimidating on the outset, the overall financial effect of the changes is less burdensome that many perceive. The fact is that better facilities and better care leads to fewer accidents, infections, falls, and other costly complications. In that way better facilities and better care can lead to many overall savings which eliminate the financial burden of initially improving care quality.

Continue reading "Some Illinois Nursing Homes Focusing on Quality of Life Improvements" »

Misinformation and scare tactics by certain big interest groups continue to succeed in driving misguided legislation through state legislatures that take away the rights of injured victims, including those who suffer from nursing homes negligence. The Orlando Sentinel recently reported on the latest state legislature to take the misguided step on so-called tort reform.

Last week Florida lawmakers passed a bill that changed the way the way “expert witnesses” are used in lawsuits. Specifically, the new bill requires out of state expert witnesses to obtain a certificate from the state health department before providing any testimony in a case. There are also stricter disciplinary standards for those witnesses. The overall purpose of the measure is to make it harder for those injured because of mistakes made by their medical professional to recover for the losses that they sustain.

Some other provisions in the bill apply specifically to medical malpractice cases, which are different though often complementary to nursing home abuse cases. The care provided at nursing homes involves a mix of medical care and basic physical assistance. However, all assisted living facilities have nurses on staff who provide much of the same medical care that a patient would receive at a hospital. Many of the same types of mistakes can therefore be made by nurses at both types of facilities. For example, medication errors are common at nursing homes, where residents are injured or killed by the poor handling of dangerous prescription drugs.

Continue reading "New Legislation Places Nursing Home Abuse Victims At Risk" »

The costs of providing adequate nursing home care are much lower than the cost of correcting the consequences of poor care. Prevention of complications from Illinois nursing home negligence and abuse is ultimately much less of a burden on the state budget than dealing with the increased costs of complications from poor treatment. Our state lawmakers would be wise to heed this common sense approach to the budgeting process.

It is for that reason that it is important to stand against proposed cuts to the current funding levels for local Medicaid patients, which includes many nursing home residents. The News Gazette reported this week on a fight currently underway in the state over the amount of funding for Medicaid in next year’s state budget. Some advocates argue that the proposed 6 percent reduction would place elderly Illinois nursing home residents in jeopardy of mistreatment and abuse.

The Health Care Council of Illinois is activating opposition to the cuts which would amount to a $170 million reduction in funding for local nursing homes. In addition 7,000 Illinois nursing home jobs might be lost in the move. Blog readers know that too few care workers leads to more detached nursing home care. The staffing shortages would hit homes for the mentally-ill particularly hard

Illinois already ranks dead last among all the states in the amount that it pays to care for its nursing home residents. This latest cut would even further harm the already vulnerable Illinois nursing home residents.

Continue reading "Illinois Nursing Home Funding May be Cut In Latest Budget" »

Chicago nursing homes are different things to different people. For resident they remain their actual home, the place that spend almost all of their time. For employees, the facility is a workplace. The unique mix of individuals at the facility presents unique challenges to all those who are required to ensure that residents and employees are safe and secure. Unfortunately, as blog readers know intimately, every day there are safety violations and breaches of care that place both the residents and employees at risk of injury.

For example, the Washington Examiner recently reported on workplace safety violations at an Illinois assisted living facility—Paradise Park Assisted Living Center. The U.S. Occupational Safety and Health Administration hit the facility with 17 difference citations for safety and health violations stemming from a “needle stick” incident.

A nurse practitioner at the location was hurt after she was stuck with a used needle. The exact circumstances leading up to the act are unclear. However, in all cases, pricks of this kind expose workers to a variety of very serious infections, including hepatitis and HIV. It is currently unclear whether the nurse was harmed by the prick.

The citations were issued for a variety of failures both before and after the incident. They include the problematic fact that the facility did not perform a blood test immediately after the prick. On top of that the nurses did not have easy access to containers to dispose of the needles—a protocol breach that increase the likelihood that an accident would occur.

Continue reading "Chicago Nursing Home—Paradise Park Assisted Living Center—Cited For Safety Violations" »

Chicago nursing home abuse and neglect takes many forms. However, in each case, the employees who engage in the worst treatment against nursing home residents fail to consider their residents as regular community members no different than people outside of the facility. The de-humanization of these seniors allows caregivers to engage in behavior that treats these individuals as if they were mere props to be manipulated for amusement.

For example, My Web Times recently explained an Illinois nursing home lawsuit that was filed on behalf one resident who was abused in a “prank” perpetrated by staff members at a veterans home. The suit was filed against two employees of the LaSalle Veterans Home following egregious conduct by a nurse and nurse’s assistant.

According to the lawsuit, one employee inserted a suppository into the rectum of an Alzheimer’s resident for no other reason than it would seem funny to the next shift of workers who discovered it. Several nursing home staff members held the man down and inserted the device so that he produced a large bowel movement for the following shift of workers.

A criminal case related to the incident is already underway, as the Illinois Department of Public Health conducted an investigation which revealed the abuse. Besides the criminal charges, this new civil lawsuit was filed by the victim’s two children on his behalf. They explain how he has suffered shattered nerves, shock, and mental problems following the incident.

Continue reading "Illinois Nursing Home Lawsuit Filed Following Aide’s Prank" »

The Madison St. Clair Record reported last week on an Illinois nursing home lawsuit that was filed against a negligent area nursing home. The suit is connected to the poor treatment and death of a Madison County resident.

The victim was a resident at the Virgil Calvert Nursing and Rehabilitation Center. Blog readers will recognize the facility, which has a long history of providing poor care to seniors. For example, the nursing home was recently on a list of facilities that have not improved since being placed on a federal watch list as a “Special Focus Facility.” The East St. Louis home was one of only five locations in the entire state that earned this dubious distinction.

In this case, the victim developed bedsores and other skin breakdowns which ultimately caused necrotic tissue, ulcers, osteomyelitis, and breathing problems. Cumulatively, those problems led to the man’s death. These complications caused by bed sores are almost always preventable if close, appropriate care is given to a resident. Proper movement, positioning, and wound treatment is capable of eliminating pressure sore issues, but far too many residents still receive substandard care.

The wife of the victim has filed suit against the nursing home for their abuse and neglect. The lawsuit names several other defendants who were involved in the management and operation of the poor facility and allowed the mistreatment to continue unabated.

Continue reading "Illinois Wrongful Death Lawsuit Filed Against Virgil Calvert Nursing Home" »

Most Chicago nursing home lawyers know that that there are always more cases of nursing home abuse than there are actual individuals who come forward and use the legal system to seek redress. In fact, it remains a challenge to spread the word about the quality of care that nursing home residents and loved ones can demand from these facilities. The prevalence of substandard treatment pervades more nursing homes than not, and the lack of accountability often makes the poor caregivers complacent.

For example, CBS Local News recently reported on an appalling example of repeated nursing home abuse at the Masconomet Healthcare Center. According to those involved, a group of certified nursing assistants at the home perpetrated continuous acts of sexual harassment, taunts, and other egregious acts.

One resident was reduced to tears after she was convinced by the CNAs that she was going to die in the nursing home because her family didn’t love her anymore. Other allegations involve texting photos of partially nude residents and videotaping the mocking of several seniors. One resident was mercilessly made the brunt of jokes accusing him of smelling because of a medical condition.

State officials cited the facility for its substandard care. A representative of the investigative team explained the evaluators objective: “We all want safe care, effective care, and appropriate care, buts it’s also dignity, quality of life, making sure they’re in a healthy environment.”

Continue reading "Nurses Accused of Physical and Verbal Nursing Home Abuse" »

Our Chicago nursing home lawyers are used to the false claims that are made about lawsuits that attempt to vindicate the victims of poor care. For example, there remains a small group that strangely attempt to link negligence lawsuits, like those filed by nursing home victims, to the poor financial condition of many state and federal governments. The distorted logic claims that the cost of defending (and paying verdicts resulting from) these lawsuits ultimately requires an increase in the cost of care. Many local government help pay for that care, and therefore the lawsuits are at fault for the government deficit.

In reality, these strange claims are nothing more than desperate attempts by a small group of powerful interests to enact “tort reform” measures that would make it harder for average nursing home victims to be compensated for their losses. What is forgotten by those making these claims is that care at these facilities often remains abysmal. Focus should be shifted on improving care, not handcuffing victims.

The truth is that there are no real financial savings to be made by limiting the rights of Illinois nursing home abuse victims. As a recent Huffington Post article explains, the most generous analysis suggests that the latest tort reform effort (H.R. 5) will at best save less than one half of one percent of total medical costs. However that does not at all take into account the potential consequences of tort reform in terms of both finances and healthcare quality. The Congressional Budget Office has noted that the tort reform measures proposed in H.R. 5 may have damaging consequences on the actual healthcare system. The worsening care would then increase medical cost—beyond the small savings that might be found if there was no worry about lawsuits. In fact, some studies have shown that as many as 4,000 more citizens could be killed by poor care if these reform measures become law.

That means that not only are the claimed financial benefits non-existent, but there would be real consequences in life and death terms.

Continue reading "Illinois Nursing Home Lawsuits Play No Role In Government Deficit" »