Illinois Nursing Home Abuse Blog

Most Illinois nursing home attorneys have closely followed the developments in a long-standing legal battle between state officials and disabled rights organizations. The main issue in the legal wrangling involve whether or not the state should be forced to offer alternatives to disabled residents who want to move out of these institutions. Public bodies subsidize most of the care these residents needs, and they usually only offer services for these individuals in traditional nursing homes. However, all of that may soon change.

The Chicago Tribune reported that a proposed settlement to the class-action lawsuit was recently filed submitted to the court on Monday on behalf of local disabled residents. According to the terms of the agreement state officials would offer subsidized apartments to thousands of local residents who are capable of functioning independently outside of the traditional nursing home.

The agreement needs to be approved by the court and a “fairness hearing” must be held which allows comments and objections by interested parties. Disability advocates are already heralding the settlement as an important step forward both for the low-income individuals involved as well as for the general efforts of improving local long-term care and eliminating Illinois nursing home neglect. One attorney working on the case explained how advocates belief that nursing home life fosters dependency which should be avoided if possible. Many adults currently forced to live in these homes will be much better served in the community.

Officials for the Governor’s office explained that they believe the settlement is good for the state, and will not come with any increased financial burdens. They report that other states which have offered subsidized dwellings have actually seen their tax burden for the service decrease. This is in part because federal Medicaid funds may be given to the state for offering the apartments and community housing to the former Illinois nursing home residents.

Talks between the two sides which led to this agreement began with news reports from 2009 that detailed shocking instances of Illinois nursing home abuse and neglect that often took the force of sexual assault, violence, and drug abuse. The revelations shocked many community members who began learning for the first time about the myriad of nursing homes residents in the area who lived every day in entirely unsafe and unsanitary conditions. Some facilities work hard to provide high-quality care to residents. Unfortunately, many residents live in for-profit facilities which are far too often mired by systematic mistreatment. Many local disabled residents at those homes are given little therapy or discharge planning.

Under the terms of the new proposal, these individuals will be evaluated by state-supervised officials to determine their eligibility to be moved out of the nursing homes and into less restrictive settings. The effort will be entirely voluntary, and no resident will be forced to leave who chooses not to. Those who do opt to move will be provided roughly $700 a month in rental assistance as well as up to $4,000 in start up funds to equip and furnish their apartments. They would also be eligible to receive various mental health services, life training skills, and case management assistance.

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Far too often the worst-performing facilities that are the sight of rampant nursing home abuse and neglect are allowed to continue operating even after problems are found. In our area an experienced Illinois nursing home neglect lawyer would be able to explain how it is the same facilities and operators who again and again are found to be responsible for abuse and neglect that severely injures and kills area seniors. While it is possible for all facilities to have temporary lapses in care, it is unacceptable for many residents to face dangerous care again and again without public regulators stepping in. It is important for the most dangerous locations to be shut down before more problems are allowed to occur.

The infrequency of a nursing home closing makes the latest news reported in the Las Vegas Sun particularly encouraging. The paper reported late last week on the closing of an assisted living facility after widespread reports of nursing home abuse and theft. Investigations into the facility revealed that many Social Security checks and other personal funds were being deposited in the accounts of caregivers. Besides the outright embezzlement of certain funds, the caregivers stole money in other ways as well. For example, some employees helped residents by going to the grocery store to purchase necessary items for them. However, some of those workers would take more money that was necessary for the groceries and fail to return the extra.

On top of that, there was physical abuse alleged to have occurred at the home. In one instance an elderly woman apparently got into a shouting match with the home’s manager. The senior was then dragged down the hallways by her ankles as she was kicking and screaming. That incident was just one of many others where abuse was claimed.

In total the home had been fined repeatedly over the last several years by state officials. However, considering that problems were repeatedly found, the fines and sanctions were not enough to turn things around at the facility. Officials explained that the complete suspension of services was necessary as chronic and repeated regulation non-compliance risked the safety of the residents. Those at the home were removed and placed in other facilities last week where they will hopefully receive that level of care to which they deserve.

Continue reading "Nursing Home Abuse and Theft Reports Lead to Facility Closure" »

When the time comes for a senior to receive additional care, many local families work hard to see that the extra care is provided at home. The many examples of Chicago nursing home neglect documented on this blog as well as elsewhere sends a clear message to many that some of these facilities are to be avoided unless absolutely necessary. Fortunately, many services are now available that work to keep seniors in their own homes for as long as possible.

However, just as in the nursing home context there are an unfortunate number of stories of care workers who fail to provide the level of care to which the senior is entitled. Widespread suffering often results. For example, Maui News reported yesterday on criminal charges that have been filed against one registered nurse for providing services to one patient who died as a result of the neglect. According to reports the nurse was paid thousands of dollars to act as a caregiver to a man who had become immobile and unable to speak after suffering a stroke. The man lived in a community care foster family home. Regular case workers at these homes have certified nursing assistant licenses, and so registered nurses are required to be case managers to oversee the care.

However, in this latest case it seems that little to no oversight was provided. The nurse was supposed to conduct routine checks of the man to ensure his proper health. However, about a month since the last nurse visit the man was rushed to a local hospital. Once there at least 11 bedsores were discovered on his body, indicating severe neglect. It remains unclear what observation, if any, the overseeing nurse provided which failed to catch the sores. Many of the pressure sores were what is known as “Stage 4”—meaning most severe. These ulcers went right down to through the tendon to the bone. In addition, the victim had gangrene on one of his heels. He died three days after being admitted to the local hospital.

It is clear that if the nurse had performed even the most basic check he would have noticed the developing problems. Upon discovery of the neglect local district authorities filed criminal neglect charges against the supervising nurse as well as the assistants. The state essentially argued that the supervising nurse flat-out did nothing to provide the care which any reasonable nurse would in the circumstances. As a result he likely faces a severe fine and probation upon his guilty verdict.

Our Illinois nursing home neglect attorneys know that most cases of nursing home neglect and abusive service outside the home do not represent all care providers for seniors. Fortunately, there remain many employees in nursing homes and traveling medical assistants which offer close, caring services that often save the lives of vulnerable seniors. However, the unfortunate prevalence of mistreatment makes it vital for all those who are in a position to take stock of the care received by a senior to speak up whenever neglect is suspected. When friends, family members, and other observers are silent about possible mistreatment, then the senior may suffer. We urge all loved ones to diligently review the history of care when selecting a nursing home or at-home care provider so that you give your business to those workers who have shown a commitment to quality care void of nursing home neglect.

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Sexual assaults are some of the most troubling acts of criminal conduct in our community. Our Illinois nursing home neglect lawyers know that these devastating acts are far too frequently committed against our most vulnerable community members in assisted care facilities. Nursing home sexual abuse often strike residents who are unable to explain to others what happened to them and unable to defend themselves against their attacker. In most cases the attackers turn out to be one of the very people who have been assigned to provide care to the individual. This represents the ultimately betrayal of trust and abuse of a position of power.

WKYC News reported late last week on a new investigation into this form of possible nursing home abuse. The victim is a 29-year old woman who has been on life-support since her involvement in a car accident six years ago. The woman was admitted to the nursing home following the 2006 accident where her car slid off the interstate and slammed into a guard rail causing the woman to suffer a massive head injury. Since that time the woman has been on life-support, is unable to talk, and is unable to properly account for her surroundings.

Not long ago the victim’s family was with her when they notice blood in the seat of her wheelchair. The woman was sent the hospital where officials eventually diagnosed her with a sexually transmitted disease. Obviously the victim is incapable at this time of consenting to any sexual acts, and so it remains unclear how she could have acquired a sexually transmitted disease. The most likely explanation is that the woman was the victim of a sexual assault. Police were called and are awaiting the results of a rape kit. The nursing home where the victim lived when the problem was discovered claims that it was not involved in the incident. However, the family believes that the rape must have occurred there, because the woman did not have the STD prior to her being admitted to the home.

The nursing facility conducted an internal investigation following the accident. However, they have not let the family view the results of the investigation, leading the family to suspect that something is being covered up. It remains unclear why the facility would not share the information with the family. The victim’s father explains that his daughter can still feel pain and often cries. He has noticed a clear deterioration of her condition as of late. He explains that she got to the point where she did not like to be touched by anyone, including her family. At one point she shook uncontrollably whenever another would touch her.

Continue reading "Police Investigate Potential Rape of Brain Damaged Nursing Home Resident" »

Illinois nursing home abuse and neglect is a significant problem in many ways because of the particular vulnerabilities of the seniors involved. Many nursing homes residents need assistance with basic tasks, have little ability to defend themselves against aggressors, and often cannot adequately report their mistreatment to others. As a result of these issues our Chicago nursing home lawyers know that far too often they are forced to live day in and day out with poor care, often only ending when medical complications stemming from the neglect ends their life.

Unfortunately, the particular susceptibilities of nursing home residents means that they are targeted by all those will ill motives. We have often shared information on cases of elder financial abuse where unscrupulous individuals target seniors in an attempt to swindle them out of their life savings. Many advocates have explained how this form of abuse is widely underreported, often because seniors are not sure what happened and may be embarrassed by the deception. These financial abuse schemes take many forms and are perpetrated by many individuals. Sometimes nursing home employees or at-home caregivers take advantage of their position of power and steal from those in their care. Other times close friends or relatives of the vulnerable senior use deception and confusion to convince the elderly to depart with vast sums of money.

Last week McKnights Long Term Care News reported on a new and bizarre crime ring that authorities believe involve young burglars targeting nursing homes. The unique scheme involves a group of young men who dress up as female nurses and illegally enter nursing homes. The men then sneak around into patients’ rooms while they are away for meals or other activities. Once alone inside these criminals take credit cards and use them at local retailers. Authorities report that fraudulent expenditures related to this activity may already be as high as $100,000.

There have been at least 20 separate incidents of this kind throughout the country. Investigators believe that the string of burglaries that started in April are all linked to a national crime ring. At least six separate states have reported the problem.

As this strange new series of burglaries illustrates, it seems that seniors remain the target of many criminals who are willing to go to any lengths to take advantage of senior vulnerabilities. It is stories like these that recommit our Illinois nursing home neglect attorneys for standing up and ensuring that justice and accountability is had when these residents are mistreated and abused. It is important for all elder care advocates to remain vigilant to ensure that seniors are not silent victims of all sorts of misdeeds. Without protective eyes watching on their behalf, literally thousands of elderly victims may ultimately be severely harmed or killed by the failure of those around them to provide the basic services that they need.

If you or someone you know suspects mistreatment at a nursing home or long-term care facility, please visit our office and see if we can help.

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All those who are involved in ensuring quality elder care and the prevention of nursing home abuse have been closely following the developments related to atypical antipsychotic drug use in long-term care facilities. Earlier this year our Illinois nursing home abuse lawyers shared information on the new research from the Office of Inspector General related to atypical antipsychotic drug use in nursing homes. The OIG report specifically focused on how these drugs were incorrectly prescribed to residents in violation of Medicare payment rules. As a new article in Caring for the Ages explained, there are many legal issues surrounding these new revelations of dangerous antipsychotic drug use that amount to nursing home neglect.

The main issue is that the vast majority of nursing home residents who receive antipsychotic drug in these facilities are given them for “off label” reasons, or purposes which have not been approved for safe use by the U.S. Food and Drug Administration. For example, common off-label uses include agitation in dementia, obsessive-compulsive disorder, depression, and autism. Not only have they not been approved for these uses, but they are often particular dangerous for those suffering from these conditions. Elderly patients with dementia in particular face serious risks if they are given these drugs. Over six years ago the FDA required drug makers to include a black-box warning (label) on these medications warning that dementia patients who are prescribed these atypical antipsychotics face an increased risk of death.

A federal lawsuit related to the issue was filed nearly three years ago. That nursing home lawsuit involved the care provided to a 68-year old woman suffering from dementia among many other ailments. The woman had been given .5 mg of risperidone (an atypical antipsychotic) while at a hospital and was then given a shocking 5 mg of the drug twice each day when transferred to a nursing home after her hospital care ended. She had cardiac arrest and died 11 days after entering the facility. Federal investigators eventually discovered that the facility was negligent in this use of the medication.

Other lawsuits have also been filed connected to these damaging prescriptions, including in Illinois. In our state a medical negligence sure was filed against a long-term psychiatric-care facility for use of the drug which reasonably violated their duty as reasonable healthcare providers. In that case a woman was prescribed risperidone and had an adverse reaction. She had neck pain, stiffness, and twitching stemming from the prescription. However, staff members at the negligent facility failed to report those symptoms or recognize them as related to the dangerous drug use.

Continue reading "Nursing Home Liability for Atypical Antipsychotic Drug Use" »

Any nursing home abuse lawyer will likely tell you that cases of nursing home neglect are not spread out evenly across facilities. In other words, certain poorly run homes are often the site of the bulk of problematic care. It is for this reason that taking the time to study the options and analyzing the safety rates of nearby facilities is important for all local families who want to ensure that their loved one does not fall victim to Illinois elder neglect.

However, while most experienced advocates understand that some facilities are better than others, many were surprised to learn of new studies this year which found that black nursing home resident were more likely to develop pressure ulcers (or bed sores)—the development of which is one particularly common and dangerous form of neglect. The study assessed various high-risk patients who are those that have mobility problems and may be prone to develop the sores with inadequate movement, repositioning, and skin treatment. Of those residents analyzed in the study, 10.5% of whites and 15.9% of black residents developed the bed sores. This means that black residents were noticeably more likely to develop these problems than their white counterparts in the same position.

Part of this discrepancy is likely related back to the problem of systematic problems with care at certain facilities. Nursing homes with larger black populations showed higher overall rates of sore developing, meaning that black residents are more often forced to live in less than adequate facilities. Researchers found that those facilities with a higher black population had lower staffing levels, were commonly found in urban centers, and most often run as a for-profit facilities. Inadequate staffing and for-profits facilities are consistently found to have higher instances of nursing home neglect. However, a closer looks reveals that the answer is much more complicated than that. Even at nursing homes that had a population with at least 35% black residents the development rate for black residents was nearly twice as high as that for white residents.

Researchers have yet to develop a clear understanding of why this discrepancy exists. Further analysis of the data shows that those who are most at risk seems to be black residents who are younger and male with a history of diabetes and stroke. This is consistent with previous research which found that male residents and those with severe illnesses/injury have the highest rate of pressure sore development.

Our Illinois nursing home lawyers have helped literally hundreds of families whose loved ones have suffered neglect in nursing homes that took the form of bed sores. We understand the damage that these ulcers have on victims. Our attorneys are also well versed in the ways that these sores can and should also be prevented, treated, and controlled. If you or someone that you know has developed one of these sores, it is vital to contact professional help to learn about how the law protects those in this situation. By coming forward and explaining the mistreatment at these facilities, victims often help other residents who have been suffering the same problems in silence.

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Consumer Affairs reported this week on a bizarre case of elder abuse and neglect at a “personal care” home for seniors. The facility involved was apparently a three-bedroom home whose owner tried to convert it into a facility to care for vulnerable seniors. Many of those inside the home had mental health problems. State officials report that there are likely many of these personal care homes being illegally run by those without any lawful right to care for these residents or ability to provide the care that they need.

As one might expect, the level of care provided to vulnerable seniors who end up in these facilities is often shocking. In this latest case, the operator of the home apparently housed 16 vulnerable residents inside the small three-bedroom residential house. As one might expect, it is entirely inappropriate and dangerous for anyone to live in those tight quarters, let alone vulnerable individuals with mental problems who need help with day to day tasks. It is almost a given that elder neglect will arise in these situations.

The woman in this case resorted to locking up all of the residents inside the home while they were living there. This was likely so that they could more easily be kept inside the facility and monitored. Of course that also meant that they were extremely vulnerable in the event of an emergency. This is on top of the complete disregard for the quality of life of these community members forced to unknowingly become virtual prisoners at the hands of the ones intending to keep them safe. Experts indicate that these cases of nursing home abuse are all motivated by an effort to collect money. The victims in these cases are generally provided with a small monthly social security income to account for their needs. These can range anywhere from $550 to $1000 a month. Operators of these homes collect these checks and use them for their own purposes while spending the minimum possible amount of money caring for the residents.

The operator in this case was given two cease and desist orders by state Department of Health officials before a full scale investigation was conducted which ultimately led to her arrest. The woman eventually pled guilty to 15 counts of neglect of vulnerable persons in her care and a count of operating without a license. She was ultimately sentenced to a year in prison along with various fines. Victims were still in her care up to the time of her sentencing, and a judge ordered them to be moved to appropriate facilities.

Continue reading "Elderly Personal Care Operator Faces Criminal Charges For Neglect" »

Our Illinois nursing home neglect lawyers know that the prevalence of abuse at long-term facilities makes it important for all strategies that might improve care to be given a full hearing. There will likely never be a single magic bullet that will ensure caregivers always provide the quality of service which the law requires or force administrators not to prioritize profits over patients. Yet, there remain many potentially viable options that should be tested and further studied to determine if they are appropriate options for reducing nursing home abuse.

For example CTKB News reported this week on a group of elder care advocates who are calling on their state legislatures to install video cameras in long-term care facilities and nursing homes. The group explains that like many other community members they are concerned about the care being provided at all nursing homes and believe that recording the conduct may be the best way to fix the problem. The organization—known as the Guardian Angels Program—has stated that while they understand most nursing homes have some staff members that do their job well, there are also some who do not provide anywhere near the level of prudent care that they should.

The group explained that the cameras are likely in the best interest of both the staff members and nursing home residents. Residents who are victimized by nursing home neglect will have evidence of that abuse. In addition, much abuse may be prevented, because caregivers who previously might have cut corners would likely try to improve their service so as not to be caught acting improperly on camera. Staff members who consistently provide adequate care, on the other hand, will always have the video documentation to show that they did not act improperly if accused. There will be less uncertainty and more openness about the care giving process.

There are many ways in which the camera program could be implemented. For example, they could initially be put only in certain areas of a facility, such as in dementia wards. Some nursing home residents are more vulnerable than others. These individuals often have mental problems that make it impossible for them to report any mistreatment, and so they might be most in need for a set of constant observation. Also, the requirement to include cameras could initially placed on all new facilities and only gradually add them to existing homes. All options should be studied to determined their effectiveness and feasibility.

Continue reading "Nursing Home Advocates Call For Cameras in Nursing Homes" »

Many observers have followed with much interest the nursing home neglect case from West Virginia where a jury found the defendant-facility negligent and awarded the victim’s family $91.5 million. The verdict was reached after a trial related to the death of a resident with dementia at a nursing home. The son of the woman claimed that his mother died in 2009 after the caregivers at the home failed to provide her with enough food and water over a three week period. After hearing the evidence in the case the jury agreed with the plaintiff and found against the nursing home.

As was expected, the facility is planning to appeal the decision to the state’s Supreme Court. One of main grounds for appeal is a distorted claim that the award was not subject to the state’s medical malpractice cap laws. Regardless of the injustice of the caps (which we frequently discuss), it is unlikely that the law should apply to this case. As the plaintiff’s lawyer explained, the nurses’ aides that provided the delinquent care in this case are not considered “health care providers” under the definition of the statute which created the damage caps. The narrow law does not apply to nursing home lawsuits such as this one and so the appeal should fail.

It was explained how the 87-year old victim in this case died because her caregivers failed in the very basic task of providing her sufficient nutrition and hydration. These are tasks which do not involve specialized medicinal skills. One does not need a medical license to give a patient food and water. In fact, the aides’ involved are not qualified to give medication or provide most of the services that a physician could provide. Therefore, no medical negligence occurred per the definition in the statute.

Of course, the plaintiff explained how one of the main problems which led to the woman’s unfortunate death had nothing to do with medicine—the understaffing of the nursing home. Time and again nursing home negligence is rooted in facilities’ failure to ensure that there are enough employees in a home to take care of the responsibilities that they have to provide prudent care to each and every resident of the home. However, instead of hiring more staff members, many facilities try to use fewer employees than feasible to provide the care. As a result, corners are cut and some residents are left behind—like the victim in this case.

Our Illinois nursing home neglect attorneys have filed many lawsuits against the parent company involved in this case, HCR ManorCare, Inc. We well understand the abysmal care that is sometimes provided at these facilities and the importance for families to come forward, file a nursing home neglect lawsuit, and seek accountability. It is only by holding these wrongdoers feet to the fire that they often consider the lives of their residents more important than maximizing their own profits. As this case demonstrates, when staffing levels are cut to the bone, there are often insufficient employees to even conduct the most basic tasks like ensuring that residents have enough food and water.

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Elderly community members will enter into a nursing home for many reasons. In virtually all cases the residents and their families believe that the senior will be better off with the around the clock care that can be provided at the nursing home. In many cases a senior enters a facility after living alone. One of the dangers of living alone is the risk that no one will be around to prevent common household accidents like falls or to have immediate medical help when a fall occurs. In that way, it should be common practice for all local facilities to prevent each this type of accident like falls. When an Illinois nursing home fall does occur, it is often an indicator of nursing home neglect.

The consequences of these types of accidents are stark. Most seniors are not able to heal nearly as quickly as they did when they were younger. That means that even relatively minor falls can have life-altering effects. Sometimes these nursing home falls leads to immediate serious damage. In other cases, consequences slowly develop which can be traced back to an initial fall. For example, elderly residents are likely to suffer fractures after a fall which in turn places them at risk of immobility and increase their likelihood of developing pressure ulcers.

With these dangers, all area nursing homes have an obligation to assess the risks of each resident for falls. After that initial assessment, steps should be put in place to properly monitor those at-risk residents and take all reasonable steps to ensure that they remain safe. Some of those steps include the use of safe forms of bed rails, non-skid footwear, appropriate arm chair with locked wheels, walkers, and other forms of stability devices. The lives of residents often depend on these simple steps, and so it is unacceptable for any facility to fail to take these reasonable steps.

Unfortunately, failure to prevent these falls is a common form of Illinois nursing home neglect. Many seniors who fall suffer an injury known as a “hematoma” or bleeding on the brain. When this arises, there is a good chance that it was rooted in a fall. For example, we just saw that the Madison Record reported late last week on a new nursing home lawsuit against the University Nursing and Rehabilitation Center that was filed after a resident died of subdural hematoma. The complaint filed in that lawsuit alleges the facility with failing to provide the man with the reasonable care to prevent injury from arising. The details around the accident are not spelled out in the news report, however hematomas such as this are common in nursing home falls.

The victim in this latest lawsuit claims that facility caused the man’s death by failing to provide prudent care. The pleading states that as a result of the neglect the man experience severe pain, emotional distress, and mental anguish, and lost dignity. Our Chicago nursing home lawyers know that these forms of “non economic” damage are often included in suits of this type. These damages are pled in addition to those known as “economic damages” which include things like medical expenses.

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When our Illinois nursing home neglect attorneys take on a case we always remain committed to pursuing the matter in every way possible to ensure justice and fairness for our clients. The legal system provides many avenues for those injured by the wrongdoing of others to seek accountability. Quite often when a victim visits our office and shares their story we file an Illinois nursing home neglect lawsuit to begin the legal process and state the allegations against the involved facility.

Contrary to what some may believe, once a lawsuit is filed it is not necessarily a guarantee that the suit will progress to trial. In fact, many more cases never end up with an official trial in front of a judge and jury. Instead, our attorneys are constantly working on behalf of the client in negotiations with the other side, sharing the evidence that reveals the mistreatment and seeking a fair settlement to avoid the time, expense, and heartache of trial. No matter will ever be settled if the client does not approve of the terms. In the vast majority of cases it is best for both our clients and the defendant-nursing home to reach an agreement on the matter without the need to go to trial.

For example, late last month our nursing home lawyers resolved a case for a client without the need to go to trial. The case was filed against the Avenue Care Facility on behalf of a 50-year old man who resided at the home. While living at the facility the man required blood glucose monitoring and was in need of insulin. One afternoon the resident’s blood glucose level dropped. Unfortunately, the staff members at the nursing home failed to inform the man’s physician of this change in his condition condition. As a result, it went untreated.

The following morning the victim’s glucose level was down to 50. As is often the case when the blood glucose level drops that low, the man was rendered unconscious. He was found unresponsive at the nursing home and was rushed to a local hospital with hypoglycemia. Unfortunately, as a result of the hypoglycemia, the man suffered brain damage and eventually died.

Upon learning about the man’s passing, his family eventually visited our office and shared their story. As often happens in these situations, our attorneys began investigating the matter and collecting evidence which explained the care that the man received and the care to which he was entitled. Illinois nursing home law requires that the facility provide a basic quality of treatment to ensure that residents are not harmed in ways that could be prevented. In this case the facility should have properly monitored the man’s blood sugar levels to prevent the problem and was obligated to contact the victim’s physician upon notice of his low level. If these basic actions would have been followed the man would have been given the medication he needed to control his blood sugar level and his life may have been saved.

Unfortunately, lapses in care like this one strike with alarming frequency in our area. As a result, vulnerable nursing home residents suffer severe injury and death that could have been prevented. If you or someone you know may have been harmed in this way, please contact our Chicago nursing home attorneys and see if we can help provide accountability.

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Our Illinois nursing home neglect attorneys at Levin & Perconti have worked for decades on behalf of local residents and their loved one who were hurt by inadequate care. Over the years we have come to the unfortunate realization that poor care at long-term care facilities strikes with much more frequency than most observers are aware. Day in and day out local community members are injured and their lives are risked because of care giving that falls far short of that to which they deserve.

We work with clients to uncover information about the specific misconduct that occurred and the connection between that poor care and the harm to their loved one. To help preserve the rights of those victims we will frequently file Illinois nursing home abuse lawsuits. Even more information is collected after a suit is filed to help discover exactly what occurred and provide evidence to show to a fact finder (judge or jury). In more cases than not, a settlement is reached with the other side in the lawsuit which provides fair compensation for the injury without needing to go to trial. However, when a fair offer cannot be agreed upon, then our attorneys are more than willing to go to trial to protect the rights of our client.

Just this week our nursing home neglect lawyers filed a complaint on behalf of a local victim against the Bethesda Home and Retirement Center. The complaint includes several complaints against the nursing home, its parent company, and the specific caregivers who provided inadequate care. The victim in this case was a resident of the facility for approximately a year and a half before his death in September of last year. Pursuant to the Illinois Survival Statute one count of the complaint alleges that the facility failed to prevent the development of various pressure sores on the victim’s body, properly treat the sores, and generally protect the victims from neglect. Part of that neglect allegedly included failure to maintain acceptable nutrition and hydration levels in the elderly victim.

The complaint further alleges that the facility did not maintain a sufficient nursing staff level to provide as substantial nursing and related services as practicable. In addition, the facility failed to ensure that the care givers who were at the home were competent in the techniques and skills necessary to provide proper care. It is further alleged that the Bethesda Home & Retirement Center failed to properly assess the victim’s psychosocial well-being or institute appropriate treatment services to correct problems with his mental wellbeing.

Continue reading "New Levin & Perconti Lawsuit Alleges Nursing Home Neglect At Bethesda Home and Retirement Center" »

Recent developments in a disturbing case of elder abuse that led to death have focused particular scrutiny on the perpetrators not only because of the grisly details of the case, but also because the two caregivers had been approved by the state as adult caretakers for the 90-year old victim.

The two caregivers were the victim’s grandson and daughter. The two are charged with elder abuse and neglect for allegedly leaving the senior unattended for weeks. A paramedic found Gray lying in her own feces. She also had grade 4 bed sores and was surrounded by flies.
According to two recent articles in the Kern Valley Sun, four different agencies investigated the adequacy of the victim’s care for several weeks in February 2011. A representative from Aging and Adult Services (AAS) ultimately concluded that she had been being neglected. Although the 90-year old was taken from her caregiver’s custody, she subsequently passed away.

Both of the abuser had applied to the woman’s primary caretakers in 1999 and were designated as In House Supportive Services (IHSS) providers. The IHSS program is overseen by the Adult Programs Division of the state’s Department of Social Services. In order to become an IHSS primary caretaker, McCoy and Green had to undergo an extensive criminal background check. They also had to agree to report any suspected abuse, injury, neglect, or potential hazards to a social worker assigned to the victim.

What is not clear, however, is how frequently the caregivers were reviewed in the twelve years following their initial approval to be caretakers. For example, at the time of the various agency investigations, one of the criminals was facing several pending criminal charges, including spousal abuse.

AAS also reported that due to department budget cuts, an IHSS social service worker is no longer assigned exclusively to Kern River Valley. Thus, there was likely minimal direct oversight over IHSS cases in Kern River Valley. Even more troubling is that, according to IHSS Supervisor John Reyes, Gray’s IHSS case was terminated on January 24 because she no longer qualified for financial assistance. In short, McCoy and Green were no longer being paid to care for Gray. Shortly after that decision, Gray was severely mistreated and neglected by her caretakers.

Elder abuse law generally defines neglect as the negligent failure of any person having the care or custody of an elder or dependent adult to exercise that degree of care that a reasonable person in a like position would exercise. As in this case, it can include failure to protect from health and safety hazards, as well as failure to provide medical care and failure to prevent malnutrition and dehydration

Although the caregivers are facing criminal charges, there are also many civil remedies available to victims of nursing home neglect or elder abuse. Our Illinois elder abuse lawyers are well versed in the resources available to help all those who have been harmed in these types of situations. If you have concerns about the care a family member is receiving, please visit a legal professional to learn about signs of abuse and neglect and about how to protect your loved ones.

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Levin & Perconti File New Nursing Home Lawsuit Against Lakeview Nursing & Rehabilitation Center

Negligent Illinois Nursing Homes Identified By Federal Regulators

In our work helping victims of elder neglect and abuse, our Illinois nursing home attorneys quickly developed an understanding of the difference in care often seen at non-profit homes when compared to for-profit facilities. The reasons for this difference are intuitive. For-profit facilities usually prioritize the maximization of a return for its owners and investors. Therefore, they are constantly working to minimize their costs. With that goal, these homes are much more likely to trim staff levels to the bone and cut corners in the care that they provide if doing so saves them money. The effect of those cost-cutting measures on the quality of care of residents is often a secondary concern. Nursing home neglect is the result of this drive for profits.

A new study was released this week from the United States Government Accountability Office which partially touched on this issue. The research included investigation of a wide-range of nursing home ownership issues, particularly the effect of private investment firms’ acquisition of large nursing home chains. In so doing, the GAO compared deficiency rates at non-profit homes and for-profit homes. They then compared the deficiency rates of those for-profit homes both before and after they were acquired by large private investment firms. For purposes of the study, serious deficiencies were identified as those that involved actual harm to residents or those that place residents in immediate jeopardy.

The overall results were similar to what our nursing home lawyers would expect based on our work helping victims of these deficiencies. All types of for-profit nursing homes—including those acquired by private investment firms—showed higher rates of deficiencies than non-profit homes. The data showed that this has been the case for at least the last decade. However, there was little indication that for-profit homes were made any worse by their acquisition by private investment firms.

On one hand it is welcome news to hear that new forms of nursing home ownership have not made for-profit facilities any worse. However, that is cold comfort to the thousands of residents who continue to fall victim to nursing home abuse in these facilities where profit is prioritized over their well-being. Of course the best news would be indications that these homes were actually improving and taking steps to eliminate the total number of deficiencies.

That does not seem to be the case. Instead, the best that can be said from this latest non-partial research is that for-profit nursing homes are maintaining a mediocre record and not getting any worse. The take-away to all elder advocates and those with loved ones in these facilities should be a renewed push to encourage changes that actually improve care at these facilities—not just maintenance of below average care.

Demanding accountability from negligent facilities is an important starting point in this effort. If maximizing profit is what matters to these firms, than it is helpful for those firms to get the message that providing inadequate levels of care will negatively impact that goal. In this way, these facilities may finally take the steps necessary to ensure proper staffing, training, and facility maintenance that maximizing resident safety.

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Federal Reimbursement Changes Need Not Lead to More Nursing Home Neglect

Nursing Home Attorneys File Suit Against Understaffed Facilities

News regarding the dangers of nursing home antipsychotic drug use continues to be made across the country. Yesterday, Medical Page Today reported on two high-ranking United States Senators that have begun asking more questions about the prevalence of this drug use in long-term care facilities and the dangers it poses. Over the past several months our Illinois nursing home lawyers have been spreading the word about the dangers of this unauthorized use of antipsychotic drugs on unsuspecting residents.

It is encouraging to learn about the letter sent by a bipartisan pair of lawmakers—Sens. Charles Grassley of Iowa and Herb Kohl of Wisconsin—urging the Center to Medicare and Medicaid Services (CMS) director to examine more closely the overuse of antipsychotic drugs in nursing homes. This latest letter is a follow-up to the same Senators instigation of a federal report from the Department of Health & Human Services Office of the Inspector General (OIG) which found widespread problems with use of these medications in long-term facilities.

The main issue is that at least eight different drugs used to treat schizophrenia and bipolar disorders are often given to residents who have not been diagnosed with those conditions. Some of those drugs include Clozaril, Abilify, and Seroquel. These drugs are known as “atypical antipsychotics,” and they are specifically not supposed to be used to treat things like dementia. They actually are required to carry a black box warning that explains how elderly patients who take these drugs may have an increased risk of death. This was discovered using specific studies comparing the health of dementia patients who took a placebo with those who took one of these drugs. Clearly with information like that, all nursing home professionals who continue to treat residents with atypical antipsychotics are engaging in nursing home neglect.

The OIG report found that a staggering 14% of all nursing home residents had Medicare claims filed on their behalf for these antipsychotic drugs. Of those total claims, 88% of the time they were for off-labels uses. That means that the vast majority of nursing home residents who receive these drugs are being given them for reasons for which they have not approved.

It seems that many actors may share the blame in these distorted statistics which indicate that many nursing home residents are placed at unnecessary risk of harm. Besides the nursing home doctors that erroneously prescribe these medications, the companies which make these antipsychotic drugs have been found liable for specifically pushing use of these drugs for dangerous reasons. For example, in 2009 the drug maker Eli Lilly pled guilty to illegally marketing the drug Zyprexa for use by nursing home residents with dementia. They ultimately paid $1.4 billion to the federal government as a result of the suit.

Continue reading "United States Senators Questions the Use of Antipsychotic Drugs in Nursing Homes" »

Last year our Illinois nursing home neglect attorneys read in disgust as reports began to filter out of a nursing home abuse case. According to reports released at the time, two nursing home employees decided to play a prank on their fellow care workers. They amazingly thought it would be acceptable to use a petroleum jelly to coat several dementia residents from head to foot. The abusive employees distortedly believe that it would be funny for the workers in the next shift to provide care for the residents in their slippery condition. Besides the two masterminds of the prank, several other care workers learned of the abuse but said nothing.

Fortunately, some others learned of the nursing home abuse and reported it to relevant authorities before serious physical injuries arose. As a result criminal charges were filed against all involved care workers. Two were charged with elder abuse while the others were cited for failure to report elder abuse. Last week a judge finally sentenced the two leaders of the event. They will spend twenty days in jail, be on probation for two years, and will be required to perform community service. Those convicted of failure to report the abuse will not face jail time, but they will be required to perform community service. All those who were involved had their nursing home assistant licenses revoked after the event was brought to light.

The disgusting events attracted widespread attention for their mean-spiritedness. The state’s governor even commented on the abuse, calling it “cruel and shocking.” It remains troubling to learn about this abysmal treatment. However, any Illinois nursing home lawyer who gains some experience in the area understands just how frequently the basic dignity of nursing home residents in our area is disrespected.

It seems shocking that anyone would consider the mistreatment of our vulnerable seniors to be a humorous situation—let alone those paid each day to work with these vulnerable elders. However, when a culture of lax regulations and cut corners is allowed to fester at a facility, then employees often forget that they are required to provide reasonable care to vulnerable residents at all times. That is why it is often the same facilities that are cited time and again for providing inadequate care. Considering that most residents in these facilities are in perilous health anyway, even just a single instance of neglect can be life-threatening. The death of many residents at these facilities could often have been avoided if only they had received the level of care which the law demands.

If you or someone that you know has been jury because of negligent nursing home care, be sure to consider your legal rights. A senior does not give up their basic right to be treated with respect and dignity when they enter these homes. We urge all community members to keep an eye out for these vulnerable citizens and step up on their behalf if they are disrespected or abused in any way.

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Most Nursing Homes Employ At Least One Criminal

More Thorough Background Checks Proposed for Illinois Nursing Home Employees

Our Illinois nursing home abuse lawyers know that most facilities attempt to make excuses for their negligent or abusive conduct. Of course, unless the abuse is so obvious that it would be absurd to deny it, most homes first claim that there was no problem at all. However with proper investigations, the mistreatment is usually shown through a preponderance of the evidence. At that point, the facilities typically try to explain about the inadequate care.

One of the most common refrains used by negligent nursing homes is the claim that it is someone else’s fault—namely the government that fails to give them enough money to provide proper care. For example, this month the Centers for Medicare and Medicaid Services explain that they were reducing payments to some nursing homes nationwide by 11.1 percent because of an unintended spike in payments. Of course, upon release of this information, industry executives bitterly complained and said that the quality of nursing home care will suffer as a result.

It is important for all neutral observers to recognize this for what it is: a misleading attempt to maximize its own share of the federal government pie. The Des Moines Register published an editorial this week that said as much when describing the nursing home industry’s reaction to the CMS decision. Owners of stocks for many of these large nursing home chains explained that they will be unlikely to buy more shares because of this pricing issue. In other words, because the facility won’t make as much money for shareholders, they claim that nursing home neglect will increase.

Of course, this hearkens back to one of the fundamental problems within the industry to begin with: why is the care of our elderly and disabled—relying on public coffers to do so—considered a “profit center?” The string of private investment firms that have been purchasing these facilities over the past few years have made it increasingly difficult to understand who actually owns these homes and who is responsible for the care inside of them. It is unacceptable for investors to complain about losing a reliable “profit stream” when many area seniors deplete their entire life savings simply to have basic services provided for them in these facilities. Those in our area absolutely have the right to demand quality care free of Illinois nursing home abuse and neglect no matter what the circumstances.

There is no reason why cuts in government funding have to automatically result in a decrease in care. When revenues are decreased, like in other fields, those in charge simply must redirect where money goes. Instead of directing money to stockholders, these facilities must devote a slightly larger share to paying for the services that these residents need. It all comes down to prioritization and the ultimate purpose of these facilities. Proper resident care is the pinnacle goal of these nursing homes, and that can never be forgotten.

Unfortunately, all too often it is. Ask any nursing home attorney and they will likely be able to share stories of mind-boggling abuse at facilities where executives and shareholders of the homes were raking in millions of dollars in profits. As CMS officials explained, the price shift will better align payments with actual costs of running these homes. The cost of running that home must always remain focused on providing quality care—not padding the pockets of those in charge of that care.

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Alzheimer’s Patient Dies in Nursing Home Fall

Nursing Home Lawsuit Alleges Negligence Lead to Resident Fall

Many of the most common forms of nursing home neglect are often those that fly under the radar. Blatant cases of abuse are easier for concerned friends and family members to identify—such as physical assaults by staff members, development of pressure sores, and lack of supervision resulting in falls. However, as our experienced Illinois nursing home neglect lawyers know well, the health of many residents are placed in risk of a daily basis due to more systematic forms of mistreatment.

One of those systematic risks has finally received more attention in the past few months—atypical antipsychotic drug prescriptions. This week we reported on the new lawsuit filed by a state attorney general targeted at the drug manufacturer who illegally marketed one of those drugs, Risperdal, for unsafe uses. According to a state press release, the Massachusetts Attorney General recently filed suit against the manufacturer—Ortho-McNeil-Janssen after uncovering evidence of the business’s promotion of the drug for elderly patients with dementia even though the U.S. Food and Drug Administration has not approved the medication for use with these residents.

However, it is not only the drug manufacturers who might need to be held responsible for the prescription of these drugs for dangerous uses. Doctors and other caregivers at these nursing homes should also have known the risks presented to residents. Earlier this year the U.S. Department of Health and Human Services issued a comprehensive report explaining the danger of these drugs when given to elderly dementia patients in nursing homes.

The government investigation amazingly found that more than half of all Medicare claims for those atypical antipsychotic drugs were erroneously filed for improper uses. That would amount to nearly $240 million in wrongful Medicare filing each year for these drugs alone. These improper uses are specifically connected to “off label” uses which are essentially all of those other than schizophrenia and bipolar disorder. Medicare specifically requires that the drugs be used for “medically accepted indications’ for proper reimbursement. On top of that, Medicare rules have an added layer of protection which are supposed to ensure that nursing home resident drug regimes are free of unnecessary medications.

In fact, the same federal study found that nearly 14% of all elderly nursing home residents had at least one Medicare claim for these drugs. Of those 88% were specifically used for off-label purposes that were listed as a boxed warning by the U.S. Food and Drug Administration. The government indicated that the facilities’ failure to abide by clear program requirements may affect their ability to participate in Medicare.

Of course these Medicare issues are in addition to the serious healthcare risks that are associated with prescription of antipsychotic drugs for off-label uses for some residents. Medical studies have repeatedly shown that dementia patients have a significantly increased risk of death if they are given these drugs. It remains a clear breach of quality care for facilities to disregard those warning signs and give the medication anyway. Our Chicago nursing home attorneys firmly believe that a facility should be held legally responsible for all of their conduct that unnecessarily leads to an increased risk of injury and death for those vulnerable patients who depend on them.

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Steven Levin Interviewed For Story on Antipsychotic Drug Use in Nursing Homes

Widespread Use of Antipsychotic Drugs in Nursing Homes

All Illinois nursing home neglect lawsuits begin the same way—with the filing of a complaint with the local court system. The complaint sets forth basic information about the situation and explains each of the allegations that the victim asserts against the defendants. The named defendant in these lawsuits is usually the company that owns the nursing facility and occasionally the individual employees at that facility that provide appropriate care. Plaintiffs in these complaints are the specific individual hurt by the abuse, guardians acting on their behalf, or the “estate” of the victim if that person has passed away since the abuse.

Recently our Illinois nursing home lawyers initiated another suit by filing a complaint on behalf one local nursing home victim. The disabled resident lived at the Lakeview Rehabilitation and Nursing Center in Chicago for nearly two years. The complaint alleges that facility violated the Illinois Nursing Home Care Act by mistreating the victim while she was living at the home.

Specifically, the woman’s condition was such that she needed special care to ensure that she did not develop pressure sores or other dangerous skin conditions. Lakeview was well aware of the risks associate with pressure sores and knew that close care was required to prevent the development of the skin ulcers. Notwithstanding the clear need to provide necessary care to prevent these sores, the victim developed a series of pressure sores on her sacrum, buttocks, and heels. Going untreated, those sores worsened over time and became infected. Upon leaving the facility and being brought to a local hospital, the woman was diagnosis with multiple pressure ulcers, infections, and osteomyelitis (an acute or chronic bone infection).

The facility’s failure to provide the vulnerable nursing home resident with sufficient care to prevent the development of these sores is a clear violation of the requirements incumbent upon the facility per the Nursing Home Care Act. The recently filed complaint explains the myriad of ways in which the facility was negligent in its duty. Lakeview failed to oversee the assessment of the victim’s needs, including accounting for her risk of skin breakdown, dehydration, and malnutrition. In addition, once the sores did develop, the nursing home did not develop or implement a plan to promote their healing. That plan should have included basic steps like proper reposition and turning of the victim and the utilization of adequate pressure relief devices. Had the Lakeview Nursing and Rehabilitation Center abided by its requirements to provide sufficient care, the resident would not have developed the medical complications.

Continue reading "Levin & Perconti File New Nursing Home Lawsuit Against Lakeview Nursing & Rehabilitation Center" »

One of the more nuanced forms of Illinois nursing home neglect involves the dangerous use of antipsychotic medication as a form of chemical restraint. The widespread dissemination of these drugs in nursing homes led many elder care advocates to raise the warnings about the harm they can cause. These medications have been shown to both severely diminish the quality of life for some residents and drastically increase the risk of death in others. Local caregivers who recklessly use medication in this area are likely liable for Illinois nursing home neglect because of their conduct.

It is no surprise then that one state’s chief legal officer recently filed suit against the manufacturer of one of these drugs for illegally marketing the product for unsafe uses. According to a state press release, the Massachusetts Attorney General recently filed a lawsuit against Risperdal manufacturer Ortho-McNeil-Janssen. The state uncovered evidence that the company promoted used of Risperdal for elderly patients with dementia even though use by dementia patients has not been shown to be safe or effective. The U.S. Food and Drug Administration has not approved the medication for use with these residents.

The recently filed complaint alleges that the large drug manufacturer failed to disclose serious risks related to use of Risperdal. Those risks included weight gain, diabetes, and an increased risk of death for dementia patients. It needs no explanation to realize that hiding information about these risks and allowing residents to be given this medication without warning constitutes clear recklessness. Unfortunately, it seems that this is another case of a company that put profits ahead of all else. In an effort to increase sales of the medication, the company was willing to put the lives of vulnerable seniors on the line.

The newly filed lawsuit lists a long string of the drug manufacturer’s actions indicative of deceptive and unfair practices. For example, the company allegedly omitted and concealed information about the drug’s safety when interacting with state health care providers and consumers. The company did not mention that use of the drug had been found to be potentially fatal for dementia patients. In fact, the FDA has specifically rejected the company’s request to market Risperdal for these uses because of concerns about the safety of the drug for these residents.

Beyond the concealment claims, the state attorney general also alleges a complex scheme of deception on the company’s behalf to mislead consumers about the product’s use. For example, the complaint claims that the drug manufacturer paid physicians to participate in “consulting programs” that were actually mere marketing projects intended to sell the drug for unapproved uses. The intention to sell the drug for dangerous uses was further evidenced by the company’s aggressive marketing efforts to those who rarely if ever see patients who might suffer from conditions for which the drug has been approved to treat.

Continue reading "Nursing Home Chemical Restraints Part of State AG's Lawsuit" »

Late last month the Centers for Medicare and Medicaid Services (CMS) released its latest list of “Special Focus Facilities (SFF).” The list is populated with nursing homes throughout the country that have a history of providing substandard care. Compiling information about these particularly deficient homes is intended to identify facilities for participation in a special program that works to improve nursing home care. Unfortunately, several areas homes which are frequently sites of Illinois nursing home neglect have been added to this list. Several other negligent Illinois nursing homes have also been stuck on the list for years —indicating systematic problems.

Specifically, three new state facilities have been newly labeled as a “Special Focus Facility:” Alden Town Manor Rehab & Healthcare in Cicero, Columbus Manor Residential Care Home in Chicago, and Galesburg Terrace in Galesburg. The three facilities that remain on the list after failing to improve as required are the Embassy Care Center in Wilmington, Nathan Health Care Center in East St. Louis, and the Rockford Nursing & Rehab Center in Rockford.

It is important for local residents to be aware of the homes on this list and understand the purpose of the program when making their decisions about where their loved one will seek the extra care that they need. All Special Focus Facilities are personally visited by CMS survey teams twice as frequently as other homes—usually about two times a year. The surveyors seek to ensure that basic standards are met by the homes with sanctions issued for failure to show improvement. Those sanctions can range from fines to complete termination from any participation in Medicare and Medicaid.

CMS has long been an important force in the regulation of nursing homes. Investigators form this federal agency usually visit all licensed nursing homes each year to check on the care that those facilities are providing to residents. If a CMS employee finds a deficiency in care—anything from inadequate pressure sore prevention to fire hazards—then the facilities will be identified and the facility will be required to make improvements. Failure to made adequate improvement may lead to sanctions. Most nursing home inspections uncover about 6-7 deficiencies. However, some homes, including those on the SFF list, have two or three times as many problems and those problems are often more serious. It is only after a facility has shown repeated, substantial, serious deficiencies that they may be labeled a Special Focus Facility.

Continue reading "Negligent Illinois Nursing Homes Identified by Federal Regulators" »

An experienced Illinois nursing home neglect attorney has likely had the importance of their work vindicated on various occasions after encountering cases of exceptionally abysmal elder care. It takes a particularly cold heart not to have emotions stirred when learning of some vulnerable victims who experience agonizingly painful final days at the hands of caregivers who ignore their most basic needs or actively abuse them. Fortunately, each Illinois nursing home lawsuit often forces improvements at area facilities that improves life for other residents—even if just slightly.

Unfortunately, the quality of care at many facilities in our area and throughout the country remains far lower than reasonable observers would deem appropriate. The poor care often arises because for-profit nursing home chains seek to make as much money as possible by keeping resident numbers high and staff numbers low.

For example, the Charleston Gazette reported this weekend on the culmination of a nursing home lawsuit stemming from an absolutely tragic case of elder abuse and neglect. The two week long trial involved heartbreaking testimony about the care received by an 87-year old woman who died only three weeks after arriving at the nursing facility owned by Manorcare. The allegations believed by the jury in this latest case indicate that the facility provided care was abysmally short of even being defined as humane. Our Chicago nursing home lawyers have represented many families whose loved ones were injured or killed because of negligence at Manorcare facilities in Illinois in similar cases.

Surviving family members of the woman explain how she was taken to the negligent facility two years ago for what was intended to be a short stay until space opened up in another nursing home. Little did they know that their mother would never make it out of the facility alive. The family made the tough decision to move their loved one into close nursing care home, because they realized that she needed more around-the-clock services than they could provide on their own. The 87-year old suffered from Alzheimer’s, dementia, Parkinson’s disease and several other conditions. Before moving into the facility the woman had lived with her son and could walk, talk, and recognize friends and family members. However, her condition deteriorated quickly at the negligent facility.

The problems started right away. As soon as she entered the home, staff members confined her to a wheelchair, even though she was capable of walking. In addition, records indicate that the staff members virtually failed to take care of the woman’s most basic needs, such as providing food, water, and proper grooming. By the time she left the facility three weeks later the victim was 15 pounds lighter than when she arrived and was severely dehydrated. She died the very day after she left the facility.

Staff members of that same nursing home admitted that there were so many residents and so few employees that providing proper care was virtually impossible. Records revealed that the turnover rate at the home was an eye-popping 112%. More people were leaving that the home could hire because some left during the orientation when they saw the poor conditions of the facility. Upon hearing all of the evidence, the jury returned a verdict in favor of the victim in the amount of $91.5 million--$80 million in punitive damages and $11.5 million in compensatory damages.

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Bedsore Lawsuit Leads to $5.4 Million for Victim

Nursing Home Lawsuit Ends in $9.5 Million Wrongful Death Verdict

Political headlines over the past few months have seemingly been dominated by one main issue: the political debate around the U.S. debt. Followers of the situations are likely aware that federal lawmakers had disagreed on whether the current debt ceiling should be lifted and, if so, whether that should be coupled with revenue enhancements or spending reductions. Late last month the lawmakers appeared to finally reach a deal on the situation. The decision has huge implications for all those who care about reducing Illinois nursing home neglect and ensuring the proper treatment of our elderly friends and family members across the country. It is for that reason that our Chicago nursing home neglect lawyers closely follow all federal and state developments related to budget matters.

As the Consumer Voice explained following the agreement, the deal may constitute the best that could be hoped for considered the misguided demands of some lawmakers. However, that deal still means that many seniors and those with disabilities will be placed at risk because of the provisions of this agreement. The main problem stems from a small minority of lawmakers who risked defaulting on national obligations unless they received massive budget cuts without any new revenues.

That bizarre approach to lawmaking means that many seniors with face severe program cuts that many have ramifications in many areas, ultimately increasing the prevalence of Illinois elder neglect. Medicaid, the joint federal and state healthcare program that pays for many nursing home stays for low income individuals, will likely face steep cuts. As a result, care workers may lose their jobs, home workers will be cut, and other services used to keep seniors healthy and safe will be eliminated. It is not hard to see how fewer care workers at nursing homes in our area will lead to an increase in Illinois nursing home neglect. The connection with sufficient staffing and proper care is well documented.

However, as discouraging as the “deal” may seem, there is still work to be done to help ensure that vulnerable seniors receive the care they deserve. As part of the deficit agreement a “Super Committee” will be created which will seek to make specific cuts in various programs up to $1.2 trillion. Those cuts would be in addition to the $1 trillion in cuts already built into the agreement. This “Super Committee” will have the authority to make cuts in whatever area it deems necessary, including Medicare, Medicaid, and Social Security.

Medicaid in particular is seen as being a likely victim of the steep cuts to be made by the committee. Nearly 2/3 of all nursing home residents across the country depend on Medicaid to receive long-term care. Many other programs in which the sick, elderly, and disabled depend are also at risk of being cut.

Our Chicago nursing home lawyers encourage all residents to take the time to contact their federal representatives and urge them not to make damaging cuts to the Medicaid system that so many seniors depend on. There is still time to advocate on behalf of what is right. Every call, email, or letter makes is a bit more likely that legislative members will do what needs to be done to prevent the elderly from suffering from poor care.

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The Madison St Clair Record published a story last week highlighting a new Illinois nursing home lawsuit that was filed on behalf of a former resident of a southern Illinois long-term care facility. The suit was initiated after a complaint was filed claiming that the Collinsville facility was negligent in its care, leading to the death of the senior. The lawsuit was initiated by the estate o the now-deceased former nursing home resident.

According to the court papers, the victim became of resident of the facility in December of 2008. Surviving family members believe that the vulnerable senior did not receive the care to which she was entitled while living at the facility. The victim had been at home for about eight months when she was found unresponsive in her room. She was taken to a nearby hospital where emergency medical care was given in an effort to revive her. Unfortunately, little could be done for the woman. She eventually fell into a vegetative state and died several weeks later.

The victim’s family members who initiated the suit believe that Illinois nursing home negligence was at the heart of the problem. The lawsuit documents claim that staff members allowed the woman’s blood sugar level to drop to dangerously low levels. Their failure to monitor the woman’s sugar levels had the effect of causing the senior to develop hyperglycemia. Her death was ultimately a result of that issue.

The family’s nursing home lawsuit states the facility was guilty of both negligence and of violating the Illinois Nursing Home Care Act. It is common for a single case of negligence or mistreatment to result in more than one type of claim. Specifically, there are claims that can be made under what is known as the “common law” and claims that are statutorily based. As the name indicate, a statute based claim can be brought when a state or federal legislature passes laws specifically allowing victims to seek compensation for their losses based on the conduct of others.

Even if there is no statute that allows such claim, a common law negligence claim can always be brought by victims harmed by the unreasonable actions of others. These common law claims can be brought in addition to a statutory claim (as happened here) or on their own. Common law claims are adjudicated based on legal principles that have been developed in specific jurisdictions over the years. The rules about what make an individual liable for harm, what type of harm, who can sue, and various other issues are guided by those rules which courts have created over that time.

Our Illinois nursing home neglect attorneys are well versed in each of the ways that victims of poor nursing home care can recover. It remains incumbent upon all legal professionals to leave no stone unturned when it comes to advocating on behalf of clients. This includes spending the resources in a case to ensure a proper investigation is conducted and pursuing all possible forms of recovery whether based upon a statute or the common law.

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Poor Supervision Leads to Nursing Home Fall

Nursing Home Wandering Death Explained By Inside Source

A foundational element necessary to prevent Illinois nursing home neglect is adequate nursing home staffing. All local residents move into these facilities specifically because they need close medical care, assistance with basic tasks, and close supervision. However, if there are not enough care workers at a facility then there is no way for resident to receive the timely care that they need and have a right to expect.

Improper supervision is a unique form of Illinois nursing home neglect, because it arises even when the individual employees act in an appropriate manner at all times. This is perhaps one of the clearest examples of how the decisions by nursing home administrators affect the day-to-day care at these facilities. Without a commitment to proper staffing levels, then it is often impossible for every resident to receive quality treatment.

The consequences of inadequate staffing are varied, as understaffing may result in a wide range of problems. For example, the Madison Record reported this week on a new Illinois nursing home lawsuit filed by a woman who claims her husband’s death was caused in part by understaffing at his nursing facility. The complaint which initiated the lawsuit alleges that staff members failed to properly monitor the man’s prothrombin time and international normalization ration. These forms of measurement were necessary to ensure that the victim’s blood was clotting properly, to prevent liver damage, and to prevent other medical complications. As a result of the failure to check these levels, the man’s prothrombin time and international normalization ration levels spiked with severe consequences. The resident’s blood thinned, he developed severe rectal bleeding, and eventually lapsed into hypovolemic shock. He also went into cardiac arrest. The man ultimately died because of these complications.

Failure to adequately monitor these levels is an egregious example of Illinois nursing home neglect. There is simply no excuse for the nursing home employees to allow deadly complications to develop because medical levels were not checked in a timely fashion. As the complaint alleges, the likely cause of this oversight was the fact that there were not enough employees in the facility to provide the level of care that each resident needed. The complaint explains how the facility likely failed to properly consider the number of residents in the facility and the number of nurses and aides needed to maintain a reasonable level of care.

If a facility is simply unable to pay for the services of more employees, then they must ensure they do not accept more residents then they can provide for. Unfortunately, many facilities are driven by an effort to maximize profit. They therefore accept all residents, or residents with special needs, even if they do not have the resource to ensure that the resident receives the close monitoring that they need.

Continue reading "Illinois Nursing Home Lawsuit Following Failure to Monitor Medication" »

Our Illinois nursing home lawyers have seen many versions of neglect over the years. It is true that there are certain situations that seem to occur again and again. For example, time and again we have seen many examples if Illinois pressure sores that could have been prevented if nursing home employees provided appropriate care. Even though it is well known that proper position, skin treatment, and similar actions will virtually always ensure these sores do not arise, it still happens with alarming frequency.

If a legal action is brought after a resident is harmed by the poor treatment of a nursing home employee then it is usually under the theory of negligence. There is no specific type of injury that is required before for a jury to find a home liable in one of these nursing home lawsuits. The crucial issue in these cases is usually whether or not the employees acted in a reasonable manner under the circumstances. If an employee does not act as a prudent nursing home employee would in providing care and that causes harm, then the facility may be liable. This is true even in unique circumstances.

For example, McKnight’s Longer-Term Care News reported this week on a nursing home negligence lawsuit involving a deadly spider bite. The case stems from the death of a nursing home resident after she was bit by a brown recluse spider—one of the most dangerous insects on the planet. The suit filed by the victim’s sister alleges that the facility was negligent by breaching its duty to inspect the area for dangerous pests and properly cleaning the area.

Eventually the case was dismissed on a technical issue. The jurisdiction where the suit was filed requires that expert testimony be submitted for these cases and such testimony was not entered. However, a strong dissent was issued which explained that this case was a simple negligence matter in which the expert requirement was not necessary.

Regardless of the technical legal issue upon which the case was ultimately decided, it is a good example of how the legal system is flexible enough to evaluate each situation on a case by case basis. Winning a nursing home lawsuit requires that certain elements of a case by proven by a preponderance of the evidence. However, those elements are usually broad legal issues such as that negligence of some kind occurred and that the negligence was a specific cause of an injury. The type of injury or the exact form of the negligence is not dispositive.

That is why our Chicago nursing home attorneys encourage all those who believe that their loved one did not receive the care to which they were entitled to visit our office and share their story. Even if one is not exactly sure how the law of negligence works or if they have a case, nothing is lost by visiting a professional in this arena and learning about their legal options. This initial consultation is the first step in protecting resident rights and holding wrongdoers accountable for their poor conduct.

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All those who follow news of Illinois nursing home neglect are likely surprised by the frequency with which resident-on-resident violence occurs in our area. Fortunately, the vast majority of nursing home aide workers are committed to providing quality service to help the vulnerable seniors in their care. It is only a small minority of employees who do not take their role seriously and ultimately endanger the lives of those who are counting on them. When an aide worker fails to provide the close observation required at these facilities, severe harm often arises. That harm is often caused by physical and sexual violence perpetrated against some residents by other residents.

For example, earlier this week the Chicago Tribune reported on the death of a group home resident apparently at the hands of another resident of the home. The 35-year old victim was found dead this weekend on the steps of the group home where he lived. An autopsy conducted after the accident revealed that the man died from head injuries that he sustained after a fall. The fall was apparently caused by an assault of another. Witnesses explained that the victim was in the middle of a flight of stairs when he was approached by an agitated individual who also lived in the home. The other individual pushed the man, causing the fall and head injury.

Both the victim and the attacker reportedly have severe to profound mental retardation. The home in which they lived was part of a network of facilities run by a non-profit foundation that provides residential programs for those with special care needs. This facility—like many others like it—are required to be licensed by the state and receive state funding to help with their operations.

This accident remains under investigation. However, our Illinois nursing home negligence lawyers know that these types of accidents could often have been prevented if the involved residents were properly supervised. Lack of supervision in these contexts is often referred to as “elopement.” It arises when residents are allowed to wander around a facility or leave a facility in ways that place them and others in danger.

Each resident of a nursing home or group home needs to be evaluated individually to understand their specific wandering and elopement risks. Failure to do so means that many residents are placed at risk of falls, exposure to harsh weather, attacks by others with violent tendencies, and a variety of other dangers. If a resident is harmed because their facility failed to provide the supervision that they needed, then an Illinois lawsuit may be necessary to hold them accountable for their conduct.

When used in this way the civil justice system is an important method of improving the quality of care provided at area locations that need to show improvement. Nursing home lawsuits have the capacity to do that, and so they are helpful tools to force facilities to make changes that protect residents and ultimately save lives.

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Our Chicago nursing home neglect attorneys know that placing a loved one in a nursing home is a hard thing to do. The hard choice is typically weighed against the peace of mind that comes with knowing that the nursing home will provide your loved one with the support and care that you as an individual or family may not be able to provide given daily time constraints and lack of facilities.

Many Illinois long-term care facilities are free of violations and have a proven record of providing sufficient care to residents. These homes operate above minimum staffing levels and properly train staff to care for residents. However, unfortunately, not all nursing home facilities are as prudent about their care as others. Many put profits before people and operate at minimum staffing levels to save money. When there are not enough employees to properly care or monitor residents, accidents can occur.

The Chicago Tribune reported today on a 62-year-old man in a Northside Rogers Park Chicago nursing home who suffered severe burns while smoking. The resident was in a wheelchair, and, after being left on an outside patio, lit up a cigarette and placed his lighter in his pocket. The 62-year old continued to smoke his cigarette when his clothes, unexplainably, lit on fire. The man in his wheelchair and another resident tried to suffocate the fire to no avail. The fire was finally put out with the use of a fire extinguisher, but not before the man had suffered first and second degree burns. The man was rushed to nearby hospitals where he was pronounced dead from his injuries.

Although the circumstances surrounding this nursing home death have not been revealed, we know that many times preventable deaths occur when residents are not properly supervised. Our Illinois nursing home neglect lawyers have helped many families following nursing home burn cases like this one. For example, we reached a $1.5 million settlement against one nursing facility after it violated the Nursing Home Care Reform Act and did not monitor a monitor a mentally impaired resident who burnt himself while smoking. In another case we helped a family reach a $900,000 settlement against a facility who did not monitor one resident’s unauthorized smoking, resulting in his death.

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Any Illinois nursing home neglect attorney understands that one of the most common (and dangerous) forms of accident that can strike in a facility is a fall. Many residents are in frail condition or have unique vulnerabilities that make even a single fall potentially life-threatening. Illinois nursing home falls are capable of two levels of harm. The fall itself can cause immediate physical complications—such as broken bones and torn muscles. In addition, those initial problems often led to secondary complications. Older community members are often not capable of healing as quickly as they use to. Accidents that they might have bounced back from when they were younger could cause a spiral downward.

All possible causes of nursing home falls should be understood and guarded against. For example, Medline Plus recently discussed new research which explains that certain types of antidepressants may cause residents to have an increased risk of falling. Specifically, residents who start taking non-SSRI antidepressants are significantly more likely to fall in the early stages of using the new medication. Non-SSRI antidepressants are those not known as “selective serotonin reuptake inhibitors.” The study was conducted by the Institute for Aging Research and found that the increase risk applied both to those taking the drugs for the first time as well as to those who are given an increased dose of the non-SSRI antidepressant.

The findings were reached after examining information about over 1,100 nursing home residents who had fallen at their facility. Those who had taken the medication experienced 500% more falls than those who had not. Clearly, this news suggests that nursing homes need to more closely monitor those who are taking this medication. Employees should avoid making major changes to the schedule of residents who are exposed to this risk. Extra attention should also be paid to these individuals to determine if particular daily activities need to be curbed at the time when the increased risk is most apparent.

Researchers have a variety of theories that explain why the increased fall risk is found with non-SSRI drug use. First, there may be serious cognitive and motor effects specifically caused by the drugs that make it more difficult for residents to move safely. In addition, certain non-SSRIs are associated with a condition known as postural hypotension—a dramatic blood pressure decrease caused when a resident stands up. Finally, some experts have found basic sedation and coordination problems with all non-SSRI antidepressants.

Our Illinois nursing home fall attorneys believe that all facilities must take this and similar research into account when they conduct planning in order to prevent falls. The consequences of these accidents are unmistakable, and so proper preventative measures must be part of all safe practices. If a loved one has been injured in one of these falls, it is important to contact a legal professional to discover if the fall should have been prevented. In many cases it is only through legal discovery devices that families are capable of learning the truth about the care provided to their loved one in an area nursing home.

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