Illinois Nursing Home Abuse Blog

Over the last several weeks Kentucky.com has issued a series of stories and reports in an on-going effort to raise awareness of the problems faced by many nursing home residents. From falling victim to the sexual abuse of caregivers to being ignored for hours whiles stuck in bed to everything in between, nursing home resident continue to face a myriad of dangers. Many of these residents are truly vulnerable and voiceless. They depend on caregivers for basic necessities and have nowhere to turn when those caregivers fail in their duty. Our Illinois nursing home neglect lawyers understand the continual need to raise awareness of the plight faced by these often ignored community members.

For example, as part of the watchdog series, the nursing home neglect of a severely mentally disabled man was highlighted. The man’s sister reported the abuse to state officials. She explained that her 49-year old bother does not speak and is dependent on others for even his most basic needs. He was recently moved into a new group home, but he recently little of the care he needed while at the home.

Instead, after moving to the facility the man suffered repeated poor treatment. He lost 30 pounds over the course of his few months there. He was rarely cleaned or bathed. In addition, his sister noticed that he had a series of wounds: an injury to his ribs, problems with his ear, and a cut on his forehead.

The home in question has had a tumultuous history. Last year another resident at the facility was strangled to death. The details around that alleged homicide remain under investigation. Initially another intellectually challenged resident was charged with the murder. However, the charges against that suspect have been dismissed, and police indicate that they may have another suspect.

Far too often long-term care facilities, group homes for the mentally disabled, and similar locations are the site of nursing home abuse and neglect that goes unnoticed. Sadly, many of the victims of that abuse are not able to stand up for themselves. They depend on the close watch and advocacy of their family, friends, and neighbors. Otherwise, the abuse continues and they suffer in silence.

Our Chicago nursing home abuse attorneys refuse to allow these victims to go without a fair shot at justice. The legal system exists to hold accountable those who harm others through their negligent and reckless conduct. All community members have access to this legal system to seek recourse when they are injured through no fault of their own. Nursing home residents are no exception.

In most instances, it is the friends and family members of these residents who visit an attorney, share their concerns, and learn how the civil justice system can provide safety for their loved one, redress for the harm caused, and seek changes to ensure other residents do not suffer similar abuse. Every case begins with a first contact with a legal professional. We encourage all those who want to learn more about the legal rights of vulnerable nursing home residents to contact our office and schedule a free consultation.

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Our Illinois nursing home neglect attorneys have frequently explained how the well-being of our vulnerable senior citizens often hinges on the quality of employees providing them with necessary care. This is true in all contexts, whether the senior is a nursing home resident or receives care at home through more unique care giving schemes. Unfortunately, on occasion those in charge of providing these services prioritize profits over all else. Senior abuse and neglect frequently strike in those situations.

The role that money plays in quality care giving is perhaps most vividly seen in budgetary discussions among state and federal lawmakers. The public coffers never seen to be full enough to provide for all of the services that are needed by community members, necessitating painful discussions about cutting the services provided to vulnerable seniors. Sadly, when budget cutting plans are discussed a major component of the cuts almost always involves eliminating services provided to seniors.

At the federal level this includes the current high profile budget discussions in Washington D.C. The situation is the same in many states. For example, several weeks ago MSNBC Health published a story that explained how many states are cutting home health services for seniors—potentially setting the stage for increased instances of elder abuse and neglect.

Home health services are often the last line of defense that allows seniors to stay in their own homes instead of begin forced to move into a nursing home. For many seniors, this service is paid for by their public aid program. States are beginning to trim those services in order to save money. Now, thousands of seniors across the country are finding themselves without basic assistance that they had come to rely on. Many states are ending meal deliveries to seniors, reducing the amount of time that nurse can commit to house calls, and getting rid of adult day care programs.

These cuts may have life-altering consequences for those who depend on the services. For example, one woman interviewed for the story who suffers for cerebral palsy explained how she may no longer be able to live alone following the budget cuts. She relies on a home health aide to get dressed for work in the morning and prepare for bed at night. During the day she uses her motorized wheelchair to work as an organizer for a disability rights organization.

All reasonable observers understand the pressures placed upon state and federal budgets. However, our Illinois nursing home abuse lawyers know that continually cutting necessary services to seniors is not the answer. By eliminating these often life-saving services, the cuts may have disastrous effects on the well-being of thousands of citizens and actually lead to increased costs. Preventative care is always much cheaper than dealing with emergency situations and the consequences of neglect. By investing money in proper care at the outset, seniors will be less likely to develop costly complications.

Please take a moment to call, email, or write to your state and local officials to urge not to throw our vulnerable seniors under the bus. Remind them that budgetary strains cannot be solved by eliminating important services for our community’s most vulnerable members.

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Few stories of Illinois nursing home neglect are more tragic than those involving employees of these facilities who use their position to take advantage of residents. It is particular egregious when these employees use their influence to sexually assault those vulnerable seniors in their care. As we have frequently noted, proper nursing home care begins with the quality of the employees who provide that care.

Most nurses, doctors, assistants, and administrators at area nursing homes work hard each day to provide appropriate services for those in their charge. Unfortunately, there remain some long-term care facility workers who take advantage of those in their care. For example, earlier this week the Chicago Tribune reported on a newly reported case of Illinois nursing home abuse.

A 56-year old certified nursing assistant was arrested and charged with inappropriate contact with a 93-year old dementia patient. The victim was a resident of Lexington Heath Care—a nursing home in suburban Orland Park. Details are still coming out, but police indicate that they were called to the facility in the middle of the night this week. Another employee apparently caught the aggressor engaging in the criminal conduct and immediately called authorities.

Following the man’s arrest, various witnesses were interviewed and a sexual assault examination was conducted on the victim at a nearby hospital. The man will likely be charged with Aggravated Criminal Sexual Assault. In Illinois, the crime is known as a Class X felony. It carries a sentence of six to thirty years upon conviction.

It is important for all dangerous criminals to face the necessary punishment following brutal attacks like the one described here. In addition, the nursing homes that allow such conduct to occur must be held responsible for its role in the attack. Victims of nursing home abuse and their families should understand that there are two types of legal actions that arise following these incidents. The first is the criminal proceeding initiated by state officials to determine fines, jail time, and other punishments. In addition, civil actions are also filed which begins with the victim and their family contacting a lawyer and seeking to hold the attacker—as well as their employer—liable for the harm caused because of the conduct.

For decades our Illinois nursing home lawyers have worked with families to pursue civil lawsuits against facilities where this type of conduct has occurred. The civil justice system exists so that those harmed by the intentional, reckless, and negligent conduct of others can be compensated for their losses. In addition, they system acts as a device used to incentivize improvements in safety standards and basic care. Nursing home administrators, executives, and employees are much more likely to act in a reasonable manner and prevent attacks when they know money is on the line.

If you or someone you know may have been hurt because of Illinois nursing home abuse, please contact our office. Your initial consultation is free. By sharing your story you can at least have the peace of mind of knowing whether or not the legal system provides redress for the losses suffered.

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Recently, our Illinois nursing home abuse lawyers read an article on Amarillo.com which detailed the devastating account of a nursing home resident who died as a result of the injuries she sustained during a transfer by an improperly trained staff member. The elderly resident, who suffered from a kyphotic spine and osteoporosis, was fatally injured in the process of being moved by a staff operated mechanical lift. The staff member who was operating the lift was improperly trained to operate such a device. The lift, which automatically activated, caused the resident’s torso to fully extend and ultimately resulted in the woman dangling from the lift with her feet off the ground. The staff member ignored the emergency valve which would manually stop movement.

The nursing home resident died two days later as a result of the injuries she sustained, which included a spinal fracture and permanent paralysis. The recently filed nursing home neglect lawsuit alleges that the nursing home failed to properly train staff members to use the lift device, which is in violation of minimum care standards. In addition to improper training, it was also noted that the lift had a history of malfunctioning – which the nursing home failed to address. The suit seeks damages for each violation made by the nursing home. The defendants in this lawsuit include the nursing home itself, as well as, its owner, director, and facility manager.

Customarily, nursing homes are required to develop a care plan with their residents and their families. Care plans are established to identify the services and treatments the resident needs each day to remain in the best possible condition. When individuals cannot ambulate on their own, care plans often detail how a resident should be transferred if they are moved. Sometimes a resident’s care plan calls for a two-person transfer, meaning that the resident requires two staff members to be moved. In other instances, the resident may require the use of a mechanical lift. In other instances, the resident may require the use of a mechanical lift. Unfortunately, our Chicago nursing home attorneys know that these plans are not always followed. We represent clients in a number of cases involving negligent nursing homes that fail to provide proper transfer as designated by the care plan and residents often sustain life-threatening injuries.

Recently, we obtained a $400,000 settlement on behalf of the family of a resident who died after suffering injuries as a result of an improper transfer. The resident, who required a two person transfer when moved, suffered a fracture to both his left hip and femur when a single staff member attempted to improperly move him.

When nursing homes fail to follow a resident’s care plan or provide appropriate care or treatment and the resident is injured or killed, individuals and families have the right to seek compensation and justice for their injuries or loss. In Illinois, both federal and state laws are in place to protect the rights and safety of nursing home residents. A nursing home lawsuit not only compensates victims but also sends a message to negligent facilities that poor care cannot be tolerated.

Our Illinois nursing home abuse attorneys know first hand the devastating effects that result from nursing home abuse and neglect. It seems as though almost daily new reports are published or lawsuits filed on behalf of those who sustain serious injuries, sometimes even death, as a result of negligent or careless caregivers. There are many tell-tale signs of the various symptoms those who are being neglected show. These signs and symptoms include, but are not limited, to the following: malnutrition, dehydration, frequent falls, pressure sores, unexplained injuries, behavior change, overmedication, as well as the inability of the caretaker to explain the resident’s condition.

The signs of malnutrition and dehydration go hand in hand. Malnutrition results from an inadequate or unbalanced diet, while dehydration occurs when a person loses more fluids than he or she takes in. Both symptoms can result from improper nursing home care and eventually lead to more severe injuries within the body. According to SeniorHealthCare.org, malnutrition and/or dehydration commonly leads to nursing home resident’s rapid weight loss. While in many instances elderly weight loss is unavoidable, improper nourishment (whether it be food or water) is one of the most common signs of nursing home abuse.

Another unfortunately frequent symptom of nursing home abuse and neglect is pressure sores. AgedCareCrisis.com describes pressure sores (commonly referred to as “bedsores”) as an area of skin or tissue that has been injured or broken down. This occurs when a resident sits or lies in a certain position for too long without shifting weight – this pressure results in a decreased blood supply to the area. The act of negligence falls onto the nursing home when they fail to consistently reposition, as well as, clean the residents. Due to inadequate nursing home staffing and training, the frequency of pressure sores in on the rise with many being left untreated. Failure to treat pressure sores subsequently results in infection and in some cases even death.

It is a violation of both state and federal law to neglect or abuse a nursing home resident. Our attorneys at Levin & Perconti strongly recommend that any instances of abuse or neglect be reported immediately. National Citizens’ Coalition for Nursing Home Reform advises victims or their families to report these allegations to local authorities, nursing home administrators, or your state or local ombudsman. If you or your loved one has been a victim of nursing home abuse and neglect you may be able to seek legal relief for injuries sustained.

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An elderly woman claims to have suffered heat stroke after the furnace in her room malfunctioned. The temperature in her room allegedly approached 110 degrees on a very hot and humid night. The nursing home resident was found the next morning on the floor in her room close to death. The woman has now recovered from heat stroke but has filed suit against the nursing home in an attempt to be compensated for the medical bills she incurred and the suffering she went through as a result of the nursing home negligence.

The resident now claims that the excessive heat caused her to suffer heat stroke. She blames the facility for failing to maintain a working furnace in her room. If these claims are true they offer a glimpse into some of the major problems residents in nursing homes face today.

The fact that a furnace malfunctioned, bringing the temperature in a resident’s room to extremely high and dangerous levels is one issue that this story presents, but an equally pressing issue is why the nursing home resident wasn’t discovered until the following morning. Chicago nursing homes have been facing litigation because of their negligent care of residents. The fact that a nursing home resident can go an entire night without being checked on is only further evidence of this neglect.

Nursing homes in Chicago, and elsewhere, have faced problems with understaffing. There is no evidence to this point that understaffing was the reason that the resident here was not checked on, but in many other cases it is. The Chicago nursing home attorneys at Levin & Perconti understand that there is only so much one staff member can do, and when there are not enough staff members to care for the amount of patients at a facility, problems like this are often the result.

It is important that nursing homes take these situations seriously. If the nursing home had checked on their resident in the middle of the night, they could have avoided any serious injuries. The resident could have been moved to a different room that had a working furnace, or other accommodations could have been made.

Continue reading "Lawsuit Claims Nursing Home Negligence Leads to Heat Stroke" »

Chicago nursing home lawyers are concerned about the negative effects of antidepressants on nursing home residents. According to USA Today and McKnight’s Long-Term Care News, two new studies were published on the negative effects of antidepressants. The first study focuses on the risks of antidepressant prescription. The second study is concerned with the affect on nursing home residents when their antidepressant prescription is changed.

The first study was done to address that fact that antidepressants are the most common prescription to treat dementia. Specifically, British researchers at the Institute of Psychiatry at Kings College in London found that Zoloft (sertraine) and Remeron (mirtazapine), which are frequently prescribed for Alzheimer’s disease, are no more effective than a placebo. Placebos are sugar pills given in studies to test a drug’s effectiveness against the drug not being administered in the first place. In other words, the study found that the drugs are no more effective than taking a sugar pill that the patient believes could cure his or her disease. Furthermore, the study found that those patients who took the antidepressant prescriptions were more likely to experience adverse side effects. The researchers as well as Illinois medical malpractice attorneys ask that physicians to think of alternative treatments for dementia.

The second study was published in the Journal of Gerontology: Medical Sciences. According to that study, researchers from a Harvard Medical School affiliate found that nursing home residents’ risk for falling increases five times in the two days immediately following a prescription or change in dosage of non-selective serotonin reuptake inhibitors (non-SSRI) antidepressants. Examples of non-SSRI antidepressants include bupropion (Wellbutrin) and venlafaxine (Effexor). In light of this new information, the lead researcher and Chicago nursing home fall attorneys encourage nursing home facilitators and staff to protect their residents from this increased danger.

Both studies bring to light the risks of antidepressants to nursing home residents, but do not necessarily advocate for the prohibition of antidepressants. Instead, both studies are concerned with the increased risks of antidepressant prescription. When antidepressants are prescribed or dosages are changed, the prescriptions should be given on weekdays or times when staff can diligently watch residents for adverse side effects and prevent falls. Due to their age and frailty, even small adverse side effects and falls can result in an injury that causes pain for the rest of their life. This physical pain also translates into emotional and mental pain in the patient and even affects the patient’s family who can only helplessly watch their loved one.

Continue reading "New Studies Published on the Risks of Antidepressants" »

Most cases of Illinois nursing home abuse go unreported. Our Chicago nursing home lawyers know that many residents receive treatment that falls below that standard that is required—but few ever do anything about it. The gap between mistreatment and accountability is a continuing problem that is part of the reason that many of the area’s worst facilities continue to mistreat residents day after day.

One would hope that these facilities would be motivated to improve their care by a basic commitment to the residents’ well-being. All too often that isn’t the case. Instead, many for-profit owners and operates enact the changes necessary to improve care only when their profit is on the line. When victims resort to the legal system to secure their rights, those facilities are often hit in the pocketbooks spurring important change.

The need to exert pressure on homes to improve care is why all advocates should welcome efforts like the one recently reported in Cincinnati News about federal regulators seeking tough punishments for a negligent nursing home. The publication reports on local authorities who are pursuing a federal False Claims Act against the facility that provided poor care and then sought payment for that care.

The civil lawsuit was filed late last week against the negligent nursing home. The complaint alleges that the care provided was essentially “worthless” and resulted in the death of several residents. The company then billed Medicare and Medicaid for those services, constituting a fraud upon the federal government. The spokesman of the Justice Department explains that the act is a tool at the government’s disposal to punish wrongdoing that leads to the abuse of taxpayer dollars.

Administrators received complaints about the facility for years. Some of the complaints were so egregious that a press conference was called by the county attorney urging those with loved ones at the facility to take extra steps to ensure that they were being properly cared for. Those complaints were eventually forwarded to the state’s Attorney General—eventually leading to the present legal action.

While False Claims Act are not commonly filed against nursing homes, they have been successfully argued in several states. This legal maneuver allows prosecutors to seek out much harsher fines against these homes than are otherwise available under state neglect and abuse statutes. If found liable, the company is required to pay several thousand dollars in fines for each violation as well return three times the amount of money that they fraudulent took to federal coffers.

Continue reading "Egregious Case of Nursing Home Abuse Results In Federal Fraud Charges" »

Our Chicago nursing home neglect lawyers closely following the actions all state and federal lawmakers, particularly when they are making decisions that may affect long-term care residents in our state. Considering that the majority of nursing home residents rely on public Medicare and Medicaid assistance, most financial decisions made by elected officials have ramifications for those residents. All those who care about eliminating Illinois nursing home abuse are well advised to follow these public budgeting issues and urge representatives to do the right thing to protect these vulnerable community members.

For example, over the past few weeks federal government officials have been making headlines as they disagree about the country’s immediate financial affairs. Specifically, some members of Congress are attempting to block the President’s proposals to temporarily life the “debt ceiling” so that money can be borrowed to pay for existing obligations—like those owed to provide seniors in nursing homes with basic day-to-day care. Many of the options currently being discussed to break this impasse involve severe cuts to the very financial system upon which nursing home residents depend.

That is why The Consumer Voice, one of the nation’s leading advocacy groups for the rights of these individuals is urging everyone to stand against proposals to cut Medicaid. The group rightly notes that 62% of seniors and those with disabilities depend on the program for their long-term care and services. Severe downsizing of the program might mean that literally millions of these individuals may not receive the quality of care that they need.

A proposed “Balance Budget” amendment would impose severe caps on the spending that various agencies could use to care for those needing their services. The caps are far more severe than any previous proposal. Some lawmakers are calling for these egregious cuts instead of simpler and far fairer options—such as closing egregious tax loopholes used by the biggest businesses. It is unconscionable for lawmakers to take resources from seniors while allowing the most profitable corporations to continue to rake in record profits.

The “Balanced Budget” amendment blocks common sense revenue raising measures that would restore long-term solvency to Social Security and Medicare. In so doing it protects more than a trillion dollars in expenditures in other areas while forcing severe cuts on programs that average citizens depend on.

Our Illinois nursing home abuse lawyers are proud to work each day to help those who have been harmed by inadequate care. Far too many seniors face struggles every day—the last thing they need is changes in the federal system slashing their means of support. Lawmakers unquestionably need to be prudent about getting the nation’s finances in order. However, they should not do so on the backs of our nation’s most vulnerable individuals. Many of those seniors have spent a lifetime working, paying taxes, and building communities. We cannot abandon those individuals at the very moment when they most need additional help and assistance.

Please consider visiting the Consumer Voice action website and sending a message to your representative letting them know where you stand.

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Earlier this week we reported on a nursing home death involving a resident who was killed after being attacked by a fellow resident. We noted that the problem of resident-on-resident abuse was prevalent at facilities all across the country, including in our own area. Unfortunately, that reality was brought home this week as a news story broke about a case of Illinois nursing home abuse involving a resident-on-resident attack.

According to the Chicago Sun-Times the attack occurred at the Maryhaven Nursing and Rehabilitation Center last week. According to information released by police, the victim suffered from dementia and had lived at the nursing home for the past five years. The woman was brought to a local hospital last week after being found in distress. She died not long afterward from brain injuries. Initially, authorities believed that the woman’s injuries were caused by a fall at the home. Considering the prevalence of Illinois nursing home falls, this was a plausible understanding. However, further investigation revealed that the injuries were actually caused by an assault. Nursing home officials explain that the attack involved another resident and occurred in the facility’s dementia ward. Information on the attack is still sparse, and it seems that

The victim’s daughter in this case only decided to bring her mother to the care facility after she showed signs of advanced Alzheimer’s. Just like the last reported deadly attack, this Illinois case involved residents that suffered from mental health related issues. These residents are known to have particularly special vulnerabilities and require unique care to for their own health and well-being.

The requirements for proper treatment of dementia patients are something about which our Chicago nursing home neglect lawyers know well. We have worked with hundreds of nursing residents and families throughout the state whose family members have been harmed when they did not receive the care to which they were entitled.

The mental issues that affect these seniors are well-known. Nursing homes that have specific units of their facility for residents with these ailments should be well aware of the various requirements for keeping residents same from themselves and one another. There is usually no excuse for lapses that allow deadly attacks like the one that occurred at Maryhaven. Far too often these facilities have poor safety protocols in place. In other cases the homes are understaffed and do not have enough care workers monitoring the residents to catch problematic events.

Care workers also must be cognizant of the unique risks posed by each resident in the wards. For example, if there are any indications of one resident having a violent tendency or a dislike for a fellow resident, then steps must be taken to eliminate the risks. Actionable negligence might have occurred if care workers knew of some risk but did not take appropriate steps. There is little room for error. Even accidents or injuries that would not be life-threatening to a younger person in good health may be deadly to one of these residents. Their particular risks should be taken into account and guarded against.

If you know of one who has been harmed because of inadequate oversight by nursing home care works, please contact our Illinois nursing home lawyers and learn how we can help.

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Early last week we reported on the disturbing new study that found that back nursing home resident were more likely than their white counterparts to develop bedsores. It is a surprising and upsetting indicator of what residents are more likely to suffer nursing home neglect. Many news outlets have since picked up the story and analyzed the findings.

Third Age News explained how the observations were published last week in the Journal of the American Medical Association. The researchers examined more than 12,000 certified nursing homes. In total an astounding 2.5 million residents were included in the effort—providing a robust sample from which to draw reliable conclusions. Overall, 14.6% of black patients developed the sores, while only 9.6% of their white counterparts did. Both rates showed a decline in the past five years, but African-American residents continued to show higher incident rates. When last studied (in 2003) blacks had similarly high rates of bedsores.

The researchers suggested that the site of the nursing home was likely part of the reason for the disparity. In other words, the nursing homes with higher numbers of black patients were those homes that had the highest bedsore rates overall. Yet, shockingly, even in those facilities, black residents were 25% more likely to develop preventable nursing home bedsores than white residents. In total, the facilities that had the worst pressure sore rates were those with lower staffing levels—often in big cities.

Bed sores (also known as pressure ulcers) develop when someone with limited mobility lies or sits in the same position for too long. In those situations pressure is on the same, vulnerable body parts for too long. That pressure reduces blood supply to the area, killing tissue, and leading to the development of the sore. These sores can increase in severity and spread to affect tendons and joints if not treated. Infection of these sores is possible, leading to even more complications and pain for the victim.

Certain types of nursing home residents are much more vulnerable to bedsores. For example, those in wheelchairs, confined to a bed, in a coma, or in similar straits are more likely to be improperly supervised by care workers. That failure to provide necessary turning and repositioning leads to pressure sore developments. All care workers should be trained in this risk, and so there is no excuse for failing to do what is necessary to prevent the problem.

Our Chicago nursing home neglect lawyers at Levin & Perconti are proud to fight for the rights of residents who have developed bedsores after being neglected. No one who enters one of these facilities should suffer through the pain and medical complications caused by these signs of neglect. If you or someone you know has developed bedsores, please get in touch with an Illinois nursing home attorney today and explain the situation. Our lawyers have worked with hundreds of families whose loved ones developed bed sores which led to a myriad of complications and ultimately death. No facility should get away with that sort of unacceptable negligence. By holding them accountable, loved one can be legally vindicated and changes mandated at facilities to spare other residents from similar suffering.

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Our Illinois nursing home neglect lawyers known that egregious cases of abuse occur at facilities across the country every day. Even after only a cursory look at weekly news one is not hard pressed to find stories of poor resident treatment. For example, the Los Angeles Times blog reported earlier this week on the heartbreaking story of nursing home abuse and neglect that resulted in the death of a vulnerable resident.

According to the report a 34-year old resident was admitted to the negligent facility in early 2009. The nursing and wellness center was supposed to look-after the man who had a long history of mental illness and was known to be suicidal. However, it has become clear that they failed in that duty. On several occasions the man tried to commit suicide while at the home. One attempt involved the mentally ill man grabbing a fire extinguisher and spraying it into his mouth. On another occasion he wheeled himself out of the home and into the street in front of the facility. He maneuvered himself so that he would be hit by on-coming traffic. After each of these attempts the victim was hospitalized then returned to the facility.

However, the negligent nursing home did not adequately take steps to ensure that the man did not harm himself. He eventually attempted suicide a third time—with the fire extinguisher—and was successful. All of these incident occurred within the first month of the man’s being admitted into the home.

State officials have subsequently indicted the facility and its former administrator for felony abuse and neglect. After hearing all of the evidence the grand jury decided that probable cause existed to charge the individuals with the crime.

Employees of the facility in this case were clearly was improperly trained and unable to deal with mentally ill residents. Unfortunately, similar examples of Illinois nursing home abuse exist. Our Chicago nursing home neglect lawyers have worked with the families of residents who were not properly protected by nursing home employees. In one case against the Lee Manor Nursing Home, we successfully reached settlement with the family of a 54-year old mentally ill patient who died after falling out of the nursing home window.

In that case, the employees were on clear notice that the man needed to be closely watched to prevent harming himself. He was a chronic paranoid schizophrenic and was blind. He was supposed to be on a “secure” floor to ensure his safety. Unfortunately, there was not much security as the man was allowed to open a window on the floor, ultimately falling to his death.

A negligence suit can usually be brought against facilities that fail to properly protect residents from harming themselves. These long-term care facilities have a duty to the victims and the surviving family members are able to hold them accountable when they breach that duty. By taking a stand and not allowing the poor treatment to go unpunished, family members can help other residents at the home. When chronic negligence and abuse goes un-corrected at nursing homes it is only a matter of time before more victims suffer.

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The Chicago Sun-Times reported this morning on a disturbing example of Illinois nursing home neglect that occurred at the Maryhaven Nursing and Rehabilitation Center earlier this month. An 86-year old dementia patient and resident of the dementia ward of the facility died after she was beaten by another resident in the home.

The victim was found by staff members in her private room at the home. Care workers were initially not sure what happened, but the woman was clearly harmed when discovered and rushed to a local hospital. She died a few days later from what doctors deemed craniocerebral injuries caused by an assault and heart disease.

It was only later that authorities investigated the incident and officially labeled it a homicide. Apparently the woman was attacked by another resident in the ward, suffered life-threatening injuries and succumbed to them a few days later.

This is a sad reminder of the vulnerability of the residents of these homes. Illinois nursing home neglect occurs in many forms—one of the most costly involves failure to properly prevent attacks like this one. Failure to do something that they had a duty to do is grounds for negligence. For example, in this case a thorough investigation needs to be conducted on all sides to figure out what exactly could have been done (but wasn’t) to prevent this attack.

Nursing homes are often made aware of risks well before actual injuries result from it. They have a duty to protect residents from the reasonable risks of which they are aware. For example, the attacking resident in this case may have had some history of violence or aggression. The abuser may also have had some past personal animosity toward the victim. The mere fact that both residents were in the special ward for those suffering from mental issues—like Azheimer’s—is indication by itself that extra care needed to be given to ensure the safe co-habitation of these residents.

Nursing home residents are often in frail health conditions. That is frequently the very reason that they begin living in these care facilities. Nursing home staff members know of that frailty and therefore have a duty to take reasonable steps to keep them safe. Even accidents or injuries that would not be life-threatening to a younger person in good health may be deadly to one of these residents. Their particular risks should be taken into account and guarded against.

When a facility fails to take reasonable steps that would have prevented attacks like this one, an Illinois nursing home neglect lawsuit should be brought to hold them accountable. Our Chicago nursing home abuse lawyers at Levin & Perconti have combined decades of experience helping families recover fair compensation for their losses after receiving inadequate nursing home care. We have worked with victim who suffered from a wide variety of injuries, from falls and nursing home choking to sexual and physical abuse. In each case, the victims were only asking for basic fairness and access to the judicial process to help ensure poor homes were held accountable. If you know of one who has been harmed in this way please consider contacting us today and sharing your story.

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Illinois nursing home neglect persists in large part because many of those who are in a position to put a stop to the abuse do nothing. This appears to be a nationwide problem. For example, Kentucky News reported this week on the tragic case of nursing home sexual abuse that went unreported by nursing home administrators. The incident stems from the sexual abuse of an elderly female resident at the facility—an 88-year old Alzheimer’s patient. A male resident forced the victim inside her room and abused her. She was previously assaulted in the hallway of the facility within view of nursing home staff members.

State officials at the attorney general’s office recently fined the home $20,000 after it was discovered that the facility’s administrator was made aware of the suspected sexual abuse but did nothing to stop it or report it. The law required the employee to report the suspected problem to the state Cabinet for Health and Family Services. Besides the fine, all facilities under the same ownership are required to change policies to conform with state law and undergo additional training to properly report abuse and neglect. The agreement means that the negligent administrator will avoid criminal charges, but it does not mean that civil penalties will not attach.

The family members of the victim were not at all satisfied with the agreement reached. The family has already filed a nursing home abuse lawsuit against the facility. They believe the punishment decided upon by the attorney general’s office does not adequately reflect the seriousness of the misconduct.

The law of negligence provides that an individual (or a facility) can violate the civil law both by their taking an affirmative action that harms another (i.e. hitting a resident) or by their failure to take some steps to protect those whom they had a duty to protect. Not everyone can be held liable for failure to take affirmative action. For example, a random person on the street that does not help an injured stranger that they see generally cannot be held liable for negligence. However, those who have a specific duty to act to help others—like a nursing home caregiver—may be held liable for their failure to take reasonable steps to help one in their care. This is a vital distinction that is built into the civil law specifically to protect those vulnerable individuals like nursing home residents.

It is a logical protection. By inviting residents into these facilities and agreeing to provide aid, these caregivers take on responsibilities. Others are less likely to ensure that residents are safe, because they assume that employees of these nursing home facilities are taking action to protect these individuals. Therefore, when employees do not actually provide the protection expected of them residents are left with no advocates. Nursing home abuse and neglect typically result.

Our Illinois nursing home lawyers at Levin & Perconti understand the duties that nursing home caregivers owe to the patients in their care. That duty can be breached in many circumstances. It is important for family members of victimized residents to share their concerns and seek the advice of lawyers whenever they have suspicions about mistreatment.

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Chicago Nursing Home Lawyer Encourages Promotion of Elderly Quality of Life

Surveillance Cameras Important in Fight Against Elder Abuse

Our Chicago nursing home neglect attorneys know that one of the key challenges to improving the care given to local residents is working to break the silence about resident mistreatment. Many more instances of nursing home abuse and neglect occur each day than are ever reported. There are many reasons for this, the most common being that the resident-victims of this conduct are often unable to understand the quality of care to which they are entitled. In that way they remain incredibly vulnerable community members who need to be protected at all costs.

One of the ways in which concerned advocates are attempting to provide more supervision of residents is through the use of video cameras. Technology improvements allow care to be monitored remotely. The footage that has already been caught on tape at various facilities is enough to shock most observers. For example, Global Saskatoon News reported this week on a startling case of nursing home abuse caught on tape at a long-term care facility.

A woman placed a hidden camera in her 68-year old boyfriend’s room at the facility. The couple has been dating for 20 years, but they never officially married. The woman first became suspicious when the man began visiting her with strange cuts and bruises on his body. She suspected that the man was being mistreated and wanted proof.

After installing the cameras she likely got the proof that she was seeking. In one shocking scene the elderly man is struggling as he walks unsteadily across his room. A caretaker was watching the man walk from the doorway while shouting, “Fall, fall, hurt yourself. Then you’ll go to the hospital. I’m fed up with you.”

Besides the bizarre psychological abuse, the woman also claims that her boyfriend was given the wrong medication by the facility. The man has been diagnosed with dementia, but he was given medication to treat epileptic seizures. It is unclear why he was provided the drug, especially since it has the damaging side effects of decreased mobility and balance.

On top of all that, an alarm system installed to alert caregivers of the man’s need for help was not properly working. The alarm is supposed to beep when he gets up so that he can receive aid walking across his room. However, the system is failed to work, and so the victim was forced to walk alone. He has suffered several falls as a result.

Following her capture of the abuse, the woman initiated a nursing home lawsuit against the facility for their poor care. Our Illinois nursing home neglect attorneys know that many of the worst nursing homes are reluctant to improve the care they provide unless money is on the line. That is why nursing home lawsuits have important ramifications for both the victim of a particular case as well as all residents of the negligent facility.

The civil justice system allows those harmed by the negligence of others to seek recourse for their losses. In the nursing home context, it is well established that caregivers have a duty to provide reasonable aid to residents. They have breached that duty when they do not provide appropriate assistance. If that breach causes the resident any form of injury, then the victim has established a case for negligence making them capable of recovery.

We urge all those who suspect that a loved one has been harmed in this way to get in touch with our experienced lawyers and share your story.

See Our Related Blog Posts:

Poor Supervision Leads to Nursing Home Fall

Nursing Home Wandering Death Explained By Inside Source

Our Chicago nursing home neglect attorneys were not surprised to learn of a study by researchers at the University of Iowa, reported on by Reuters, which found that black residents of long-term care facilities are more likely to suffer from pressure sores. The difference in care is not a result of nursing homes providing better quality care for white residents, but rather that residents were more likely to develop pressure sores in nursing homes where a majority of the residents are black. Like many types of nursing home abuse or neglect, this could be a result of understaffing or fewer resources.

The study also found that residents in predominantly black nursing homes were at least 30 percent more likely to suffer from bed sores that those in facilities with a small population of black residents. These disparities echo an investigation by the Chicago Reporter from 2009 that revealed that Chicago nursing homes where the majority of the population was African-American had much lower CMS quality ratings than facilities where the majority of residents are white. Their investigation also revealed that Illinois had the most poorly-rated African-American nursing homes in the country.

Our Chicago nursing home lawyers are all too familiar with this epidemic, having represented hundreds of families in lawsuits involving bed sores caused by nursing home negligence. Nursing home residents have a high risk for these wounds because many of them are elderly, and often wheelchair bound or bed ridden. Bed sores develop when pressure builds in an area of the body and restricts blood flow, leading to necrosis. This can be aggravated by body moisture from sweating or incontinence. Common areas for pressure sores include a person’s heels, tailbone, elbows, and shoulders. In order to prevent pressure sores from forming, nursing homes need to employ sufficient staff who can spend time examining each resident’s skin condition and also turning and repositioning residents to redistribute weight. Other preventative measures include pressure relieving mattresses, wheelchair pads and heel protectors.

Pressure sores are much easier to prevent than heal, so in order to reduce the number of nursing home deaths caused by bed sores, it is important for all facilities in Illinois-predominantly black AND white- to increase staffing and resources devoted to the prevention of pressure sores. Facilities must stress the importance of bed sore prevention and educate their staff accordingly. It is also important to try to close this gap in the quality of care between nursing homes with predominantly white and black populations.

Today our Chicago nursing home negligence lawyers Michael F. Bonamarte, IV and Margaret P. Battersby helped a family obtain fairness when the judge approved and ordered a $500,000 nursing home negligence settlement. Our client had suffered a stroke and was hospitalized for a brief period of time. After hospitalization, she was admitted to the nursing home for rehabilitation. After fourteen days of rehabilitation, she returned home.

When our client was admitted to the ManorCare at Palos Heights East, she had a Stage I pressure ulcer. Pressure ulcers are injuries to the skin and tissue that are caused by prolonged pressure on the body. Pressure ulcers are categorized into four different stages, with Stage I indicating an area of redness and Stage IV indicating damage to the muscle and bone.

Although the nursing home knew that our client was at risk for pressure ulcers, they did not develop a plan of care for her pressure ulcer until the eleventh day of her fourteen day stay. The nursing home did not treat her condition with pressure reliving techniques such as repositioning, turning, or a pressure reduction mattress. Instead, the nursing home allowed our client’s Stage I pressure ulcer to progress into a Stage IV pressure ulcer. As her pressure ulcer worsened, her skin broke and exposed the wound to contaminants. Unfortunately for our client the nursing home neglected to protect the wound, causing the wound to become infected and necrotic.

Suspecting that the nursing home neglected our client, her family called the Illinois Department of Public Health (IDPH). IDPH investigated ManorCare at Palos Heights and found that the nursing home failed to provide appropriate care and treatment of our client’s pressure ulcer. Furthermore, the IDPH cited the nursing home for failing to provide our client timely medical treatment.

As a result of the nursing home’s neglect, our client’s pressure ulcer was never able to heal. She suffered from the painful pressure ulcer until her death about ten months after she left the nursing home. Although the pressure ulcer lawsuit settlement can never make-up for our client’s family’s loss, it will help to cover the extensive financial burden of medical and funeral expenses.

Continue reading "Illinois Family Obtains $500,000 Settlement Against ManorCare at Palos Heights Nursing Home" »

Recently, a Federal District Court in Texas saw a case in which a nursing home’s negligence led to the death of one of its residents. Although the decedent’s daughter ultimately decided not to prosecute her claims against the facility (likely, instead focusing on the care providers who failed to treat the nursing home’s resident), it’s a situation that is all too common across the country, and here in Illinois.

Illinois has an alarming rate of nursing home negligence cases, and every day our Chicago nursing home abuse attorneys see devastating cases in which residents are mistreated, neglected, and physically abused. The people in nursing homes are our mothers, our fathers, our loved ones, and no one should be forced to endure that kind of treatment.

In the above-mentioned case, the woman who passed away as a result of the nursing facility’s abuse suffered from pressure sores which ultimately caused her death. Pressure sores, more commonly known as bedsores, can occur on any part of the body and are fatal if not properly treated.

Pressure sores can be treated, and often cured, by adjusting the patient’s position regularly. They are most often caused by sitting in the same position for extended periods of time, which ultimately impedes blood flow to the affected areas. Once the patient has been repositioned, the wound must be cleaned and properly dressed to prevent further infection. It’s a fairly straightforward system of care, but if left untreated, pressure sores can extend deep into the tissue, leaving an open wound. In severe cases, the wound will extend to the muscle, tendon, or bone.

Continue reading "Illinois Nursing Home Abuse and Neglect May Lead to Pressure Sores and Death" »

Our Chicago nursing home neglect attorneys hear from many families who are looking for information on long-term care options for their loved ones. The decision to put a family member or other loved one into a long-term nursing care facility is always a difficult one. However, for many families, the time comes when a loved one’s care needs require more time or attention than a family can reasonably give. When this time comes, it is important to research potential facilities in order to help reduce the risk that your loved one will fall victim to abuse or negligence.

The Centers for Medicare and Medicaid Services Nursing Home Compare website compares every nursing home in the country that is eligible for Medicare and Medicaid. Scores attained on five separate quality measures are used to rank care facilities, including health inspection results, nursing home staff data, quality measures, and fire safety inspection results, all of which are pivotal in determining the quality of safety and care afforded to residents.

Once you arrive at the Medicare website, select ‘Facilities and Doctors’ from the list on the left-hand side of the page. You will then be given a choice of a number of sub-categories: select ‘Compare Nursing Homes.’ The website allows you to search for nursing care facilities by area, as well as directly compare nursing homes to one another, in order to find the right fit. This information is also available by calling 1-800-MEDICARE (1-800-633-4227).

Because this is a relatively new system, amendments are being made all the time. In fact, later this month the Nursing Home Compare website will undergo a significant change: Section 6103 of the Affordable Care act will require the website to display information for each facility regarding the number of substantiated claims and complaints made against the home, and the number of disciplinary actions taken against the home.

Our Illinois nursing home injury lawyers believe that information on the Nursing Home Compare database is most helpful when used in conjunction with other sources. The Illinois Department of Public Health Nursing Homes in Illinois website has invaluable information about selecting an appropriate nursing home, including a listing of every nursing home in the state. In addition to general information, such as the number of beds and Medicare certification, the website also houses information on state surveys and violations

When choosing a facility that is best suited to meet your loved one's needs, nothing can take the place of your instinct and intuition; make sure to visit a number of your nursing home choices, speak to your doctor or other trusted health-care provider, and do your research before making your final decision. You may also contact an Illinois Long-Term Care Ombudsmen for information on local facilities. Putting a loved one in a long-term care facility can be a difficult decision, but with the right tools and information, the decision can feel a lot easier.

The Illinois Nursing Home Care Act protects the rights of residents in long term care facilities relating to privacy, freedom from neglect and abuse, and self-determination. Under the Act, a long term care facility is any place that provides personal care, sheltered care or nursing for three or more persons not related to the facility owner by blood or marriage. These facilities are required to comply with the Act and are responsible for preventing nursing home resident abuse and neglect.

Some of the major residents’ rights protected under the Act include:

• The right to wear your own clothing and have a safe, secure storage place for your personal property
• The right to privacy of your bedroom space, including not sharing a room with someone of the opposite sex unless the person is your spouse
• The right to choose your own doctor and make decisions about your medical care
• The right to be free from restraint or confinement without consent
• The right to communicate through phone and mail and receive visitors
• The right to manage your own financial affairs
• The right to be free from abuse and neglect
• The right to discharge or transfer to a different facility at your request
• All of your rights as a U.S. citizen, including freedom of speech, religion, and the right to vote

The Illinois Department of Public Health (“IDPH”) enforces the Act throughout Illinois. If a facility has violated any of your protected rights, your options include 1) filing a complaint with the Long-Term Care Ombudsman; 2) filing a complaint with the IDPH; or 3) consulting an Illinois nursing home abuse attorney about filing a private lawsuit. The Long-Term Care Ombudsman is required to investigate your complaint and can ask the facility to voluntarily comply with the Act’s requirements. If the facility fails to address the violation, the IDPH can investigate and impose fines and other penalties for any violation it finds, up to and including revoking the facility’s license to operate.

In addition to submitting a complaint to the Ombudsman or IDPH, you can also pursue a private nursing home lawsuit. The Chicago nursing home abuse attorneys at Levin & Perconti have handled hundreds of complex nursing home cases involving injuries arising out of Illinois Nursing Home Care Act violations. These cases include securing a record $2.9 million jury verdict against a suburban Homewood nursing home for the family of a deceased resident who suffocated due to the home’s negligent care of her tracheostomy tube.

Continue reading "What The Illinois Nursing Home Care Act Means for You and Your Loved Ones’ Rights" »

All across the country, nursing homes are being run with less than the optimum number of staff. They are being understaffed in a hope to cut costs and increase profits. When nursing homes fail to properly staff their facilities, the chance of accidents and mistakes greatly increases. State and Federal laws set a minimum standard that nursing homes must comply with. The problems arise when facilities choose to ignore these government regulations.

People choose to go to nursing homes not because they want to, but because they are at a point in their lives where they need more care and attention than can otherwise be provdided to them. Many nursing home residents have been finding out that the nursing homes promise to provide them the care and treatment they need is often a fabrication. The nursing homes that choose to understaff their facilities have been rewarded with large profits by failing to provide the required number of nursing hours and as a result, patients of these homes have not received adequate care.

Some problems that can occur when a facility is understaffed are falls, pressure sores, dehydration and malnutrition, all of which stem from an overall lack of quality care and attention. It is easy to blame the staff of the nursing home when problems arise, but in reality the staff is often doing the best it can with the resources it is provided. If there are not enough staff members to provide supervision for the residents who are at risk for falls then it is likely a resident will fall, and it is no stretch of the imagination to assume that if there are not enough staff members to turn and reposition residents who are at risk for the development of pressure sores, that a resident will eventually develop pressure sores.

It is not the nurse’s fault that these injuries are occurring; a nurse can only care for so many residents at once. The facilities are setting their staff up for failure. Without adequate staffing, it is impossible for any resident to truly get the care and treatment they need. Owners of the nursing homes need to stop choosing profits over people and people need to start demanding better nursing home care.

The nursing home attorneys at Levin and Perconti have been fighting against facilities that understaff their Illinois nursing homes. Many residents of nursing homes have come to Levin and Perconti after suffering an injury, only to find out that one of the main reasons that the injury occurred was because the facility they were at was understaffed. Hopefully, the civil liability that these homes are opening themselves up to by understaffing will be enough of a deterrent to stop them from doing so in the future.

On October 1, 2011, the Hancock County Nursing Home is shutting its doors, according to the Herald-Whig. Due to Medicaid’s failure to timely reimburse the nursing home for the residents using the program, the facility has no choice but to discontinue operation. Although the facility has received some payments from Medicaid, it is well below the costs of operation. In addition to the lack of financing, the total number of residents in the facility has substantially decreased in recent years. The 57 bed nursing home currently houses only 34 residents.

The nursing facility, which was opened in 1970, explored many options in order to prevent closure. An attempt was made to sell the facility to another operator, but no bids were made. The closing of this facility continues a pattern that has proved to be frequently common in Illinois. In the past several years, over 105 Illinois nursing homes have shut down due to various reasons.

Fortunately, the nursing home is overseeing plans to make sure that all of its residents, as well as, employees are taken care of. The facility has begun individual meetings with residents and their family members to determine which facility they would prefer to transfer to. Additionally, the nursing home plans to help its employees locate comparable jobs after October 1st.

Our Illinois nursing home lawyers recently read about another county-run facility that will soon be privatized due to high operational costs. The impact of the economy has caused some undesirable consequences and unfortunately our elderly nursing home residents and their families have to suffer by the upheaval of their residency. We hope that with these changes, whether it is a change in ownership or the transfer of residents to new facilities, resident care and safety will not be compromised. It is crucial that facilities continue to operate within the standard of care in order to ensure that no Illinois nursing home resident will fall victim to abuse or neglect.

According to recent reports, a Kentucky nursing home is currently under legal scrutiny as a result of the untimely death of two of its residents. In two separate lawsuits, both parties allege that the nursing home failed to provide proper care for the victims. In the first case, filed May 11, the plaintiff claims that the nursing home neglected to properly care for the infection in her husband’s foot which ultimately resulted in the amputation of his leg and subsequent death.

In the second lawsuit against the nursing home, filed June 16, the plaintiff claims that the nursing home failed to provide the “minimum standard of care” for his mother which eventually caused her physical state to rapidly weaken. The complaint filed with the court details the extensive list of medical issues the woman sustained as a result of the nursing home’s negligence. Those medical issues included: improper medication, various falls, fluid imbalance, weight loss, multiple infections, in addition to, poor hygiene. The plaintiffs in both cases allege that the nursing home failed to maintain enough staff members nor took the proper precautions to avoid or eliminate the issue.

The issue of nursing home neglect is one that is rarely talked about yet frequently occurs. It is important that residents, as well as, their family members are aware of their rights. The Illinois Nursing Home Care Act protects the rights of nursing home residents, such as: freedom to choose one’s own doctor, ability to receive up to date information regarding one’s diagnosis, prognosis, and treatment, and the ability to contribute in the planning of one’s medical care. In addition, a nursing home is prohibited from using restraints on a resident unless granted explicit consent or in case of an emergency, nor can a nursing home require its residents to perform work.

Our Illinois nursing home lawyers at Levin and Perconti have worked diligently to seek justice for those who have been improperly treated by nursing homes. Devastating cases of nursing home abuse or neglect such as this one have become so frequent that we believe it is important to continue to raise awareness in order to prevent the repeat of these awful occurrences. In addition to holding wrongdoers accountable, nursing home lawsuits, such as the above mentioned, send a message to negligent owners and staff members that poor care and abuse will never be tolerated.

Observers have frequently noted that nursing home neglect seems to emanate from the same poor facilities time and time again. When a culture of a home is created that tolerates inadequate treatment, cut corners, and lack of respect for resident well-being, then it is only a matter of time before residents are harmed.

For example, the Sunday Gazette Mail reported yesterday on two different nursing home lawsuits that were filed against the same facility for poor care that they provided to two residents. The first lawsuit involved the death of a resident who suffered skin breakdown, weight loss, and falls as a result of poor treatment at the home. The daughter of the woman claims that the systematic abuse and neglect led to her mother’s untimely passing during what was supposed to be a short stay at the home.

A second, unrelated wrongful death lawsuit was also filed against the same home following the death of another former resident. In that case the victim was only a resident for a single week. The wife of the man claimed in her complaint that her husband “suffered serious injuries from a pattern of poor care, negligence, and abuse [which caused] an injury of an unknown origin, that resulted in a fractured right hip, falls, dehydration, urinary tract infection, and sepsis.”

The plaintiffs in both cases are seeking to hold the negligent facility accountable for the mistreatment that caused pain and suffering and cut short the life of their loved one.

Continue reading "Nursing Home Named As Defendant in Wrongful Death Lawsuits" »

The New Times blog reported late last month on a new nursing home lawsuit filed by a man whose father was killed after wandering from the facility. The victim suffered from dementia and had been living at the home for about a month after getting injured in a bicycle accident.

One evening—around 7 p.m.—an on-call nursing attendant noticed that the man was not in his bed. The staff member asked another about his absence and was told that it wasn’t a big deal because he was probably out on the patio. It wasn’t until 10 p.m. that the attendants considered that the man was actually gone. However, it wasn’t until an hour after that, 11 p.m., that the police were called and the man was reported missing. It was another hour—midnight—before a search actually began for the man.

By that time there was nothing to be done. The senior had wandered onto train tracks and sat down in the path of the speeding machine. The conductor tried to warn the man, but he was eventually hit and killed. The man’s son subsequently filed a nursing home lawsuit alleging that the facility should have done more to prevent the accident.

As blog readers know, nursing home wandering is a serious problem that must be guarded against. Many residents are in these facilities specifically because they are a risk to themselves. Close observation by staff members is a central component of care at these facilities.

Continue reading "Nursing Home Lawsuit Filed After Resident Killed By Train" »

The Chicago Tribune filed a detailed report this weekend about the likely move by the Lake County Board to privatize the Winchester House. Local officials explained that the home is too expensive to operate, claiming that the $3.5 million tax levy specifically set aside for the home is no longer sufficient. Many residents are wondering what the change will mean for the care that they receive.

One resident shared her concerns, explaining “We’ve had the same nurses and (certified nursing assistants). You feel comfortable with them, and you feel safe with them. Some of us have limited movement. They have to move us with a lift. If there are new staffers and they don’t know how to put a sling on right, it might hurt or they might drop us. There’s a lot of concerns about privatization. It affects every facet of your life.”

Research indicates that the resident is right to be concerned. Comparative studies have revealed that care is often inferior at privately run homes. A national study found that the amount of regulatory violations usually rise following a switch from a government run home to a privately held one. The reason is usually that private companies usually downsize and take steps to slash costs. This leads to increased nursing home neglect, and residents suffer as a result.

The researcher noted that the problem was the profit-motive of the private home. She explained, “It’s different priorities. There are healthier, wealthier clients in nonprofits. For-profit companies have residents that are quite poor, but they don’t have the care-oriented mission.”

Continue reading "Government-Run Illinois Nursing Home To Be Privatized" »

Boston.com ran a story this weekend on an investigation that is being launched into a medical study involving nursing home residents. Apparently, the research team failed to inform nursing home residents of health risks that they discovered while conducting the study.

The 2007 study was conducted by the Institute for Aging Research, a group focused on improving the lives of area seniors—including limiting nursing home neglect. The specific research in question involved testing padded underwear to help protect the hips of patients following a fall. The padding was only on one side of the garment.

Investigators eventually learned that residents were falling more often on the side of the hip with the padding—but they did not tell seniors that. That meant that there was a risk that residents who wore the pad had an increased risk of falling because of it. Instead of warning residents about the risk, that fact was kept hidden. It represents an ethical breach and violation of the trust of those involved residents. Not only did those involved fail to properly warn residents, but they had previously said that they had “no information regarding whether wearing one hip protector influences gait or falling.”

Overall the study’s authors concluded that the garments did not provide any protection. However, private emails between the study’s authors revealed that problems existed in the study and the researchers failed to inform patients or those overseeing the research.

Continue reading "Nursing Home Hip Fracture Study is Being Questioned" »

It is well-established that many cases of Illinois nursing home abuse and neglect are the result of facilities that cut corners in order to maximize profits. When providing the highest quality care runs counter to increasing the financial benefit of owners, nursing home residents often lose. That is why it is particularly distressing to stories about area facilities that claim to face financial challenges.

The Journal Pilot discussed the issue earlier this week. Illinois budget shortfalls are making payments late for these homes—placing them in tough financial straits. Medicaid issues are a large part of the problem. Most facilities have the majority of their residents on Medicaid, but state payments for those patients lags three to six months behind the service. Facility administrators claim that the percentage of patients in the home on Medicaid is increasing.

Administrators claim that current Medicaid reimbursement rates are only 65-75% of the actual cost of care. One home chief explains that it averages $135 to care for a patient each day, but the facility only receives $87 per day from public coffers.

Financial challenges have actually been positive for some area seniors, as it has forced a reevaluation of alternative options. At-home care, assisted living apartments, and mixed modes of living are now more prevalent than ever. Innovative alternatives to lengthy hospital and nursing home stays are being advanced to save money and improve the well-being of seniors

Continue reading "Many Illinois Nursing Homes Facing Financial Hardships" »

The Herald-Times reported is reporting this morning on a new Illinois nursing home lawsuit in Will County. The suit was filed against the Sunny Hill nursing home in Joliet.

The lawsuit stems from the 2009 death of a resident at the home—the victim’s daughter blames her mother’s death on the facility’s negligence. Specifically, documents filed with the court allege that staff members at Sunny Hill ignored symptoms of an illness in the resident, leading to her death. The victim had lived at the home for three years prior to her passing.

The daughter who filed the Illinois wrongful death lawsuit claims that her mother complained about stomach pain in the few days leading up to her death and was showing all of the tell-tale signs of bowel distension. However, despite the complaints and symptoms, the staff members at the home did nothing to help her. The woman’s care plan was not followed, her vital signs weren’t taken, and she was not brought to the hospital in a timely fashion. In fact, her family was not even told about her condition.

By the time she actually did receive medical help, there was little that could be done.

Sunny Hill has previously been rated below average by Compare Healthcare based on health inspections, staffing, and quality measures. Over the past two years they have been cited for nine deficiencies in state inspections, have had numerous complaints filed, and twenty four fire safety deficiencies.

Continue reading "Illinois Nursing Home Lawsuit Filed Against Sunny Hill Nursing Home" »