Illinois Nursing Home Abuse Blog

Senior financial exploitation takes many forms, but it is perhaps toughest to swallow when it is perpetrated by those on whom the elderly should be able to trust the most: their children. Yet, time and again residents are taken advantage of by their own offspring. Our Illinois elder neglect lawyers know that the frequency of this familial abuse is higher than most would suspect and a testament to the widespread nature of the elder abuse problem.

A new financial exploitation lawsuit filed by an ailing senior was recently discussed in the New York Daily News. A ninety two year old woman has been forced to sue one of her sons in order to try to regain possession of the New York apartment that she owns. The woman bought the two-bedroom apartment in the sought-after East Side neighborhood of New York in the 1960s. The residence is the woman’s most important asset and is now valued at between $1 million and &1.6 million dollars.

Six years ago the woman invited one of her son’s to live with her in the apartment while his own wife underwent cancer treatments nearby. Unfortunately, three years later the wife succumbed to the cancer. However, the son continued to live in the East-Side apartment. Last year, the senior began experiencing serious health problems. She eventually ended up in a hospital. After slightly recovering she was transitioned temporarily into a nursing home. Her health continued to improve and she was released to move back to her apartment.

However, what she didn’t know was that while she was gone her son began scheming to keep the apartment for himself. He changed the locks on the unit and denied her entry. Amazingly, he even sought to get an order of protection against his mother. She was forced to move to Maryland where her other son lived. She has now filed this lawsuit seeking to regain entry into the apartment that she owns and on which she’s been paying all taxes and fees.

Making the situation even more tragic is the fact that senior’s health remains in fragile condition. She is in desperate need of close care to help her day-to-day. She intends to sell the apartment to help pay for the costs of that care. However, she is unable to do so until the suit is resolved and she regains what is rightfully hers.

Our Chicago elder abuse attorneys appreciate that many seniors who are fully capable of thinking clearly and in their own interests are taken advantaged of because others assume that they are not mentally strong. In many of these situations, the unscrupulous individual—like the son in this case—will try to argue that the senior has mental issues which preclude them from managing their own affairs. At times, this argument is just a smokescreen to allow the exploitation and mistreatment to continue. For example, the woman’s second son in this case explained that his mother has rights to manage her own affairs by noting, “It’s her decision as to what she wants to do with it [the apartment] and when. She’s capable of making those decisions, and that’s what she’s trying to do.”

See Our Related Blog Posts:

Editorial Lambasts Washington for Ignoring Elder Abuse

Elder Financial Abuse Reaching Crisis Levels, Say Researchers

The Examiner reported recently on efforts by one local legislator to enact reforms which will hopefully tackle the Illinois nursing home neglect and abuse problems that continue to plague residents throughout our state. Chicago State Representative Kelly Cassidy is partnering with various Illinois nursing home reforms advocates to raise awareness of the problem and push for legislative solutions that can better protect this elderly population.

At a recent press conference, the parties explained the scope of the problem, describing situations that our Illinois nursing home neglect lawyers know well. For example, a registered nursing assistant at a Chicago-area home shared just one situation that she experienced. She explained, “One of my wheel-bound patients caught fire. He had been smoking. We frantically tried to put out the flames, but the nursing home had no fire blankets. He burned to death.” The nursing assistant continued by noting that the administrators and owners of these homes must be held more accountable for these accidents. More can be done to create safer conditions so that these tragedies are prevented. But unfortunately, many of these individuals will not provide more resources for better care unless they are forced to do so.

To actually do the forcing, Representative Cassidy introduced a legislative proposal known as House Bill 5668. The goal of the bill is to cut down on Illinois nursing home neglect, particularly harm to residents caused by basic disregard for simple safety measures. To emphasize the need for the legislation, Cassidy explained that 35% of Chicago nursing homes fall below current acceptable staffing level. Next year the problem is expected to get worse, with almost 50% of homes understaffed.

This is no trivial matter—it is illegal. Rep. Cassidy summed up, “Unless nursing homes suddenly exhibit a commitment to comply with the law that many of them have ducked so far, almost half of Chicago’s nursing home residents, and a quarter of residents statewide, will live in illegally understaffed facilities next year.”

Our Chicago nursing home neglect lawyers know that this understaffing is not just a problem on paper. It translates into deaths, injuries, and overall quality of life deterioration for thousands of our areas most vulnerable. The understaffing was meant to be address in landmark nursing home reform that was passed in the state a year and a half ago. However, the rules required by that legislation are essentially being ignored. Enforcement and accountability efforts are lacking, and that is what this latest proposed legislation seeks to provide.

Co-sponsored by Illinois State Representative Greg Harris, the bill would enact a range of changes. It would amp up mandatory reporting requirements for abuse and neglect. It would expand the scope of the Long-Term Care Ombudsman to represent all residents, not just the elderly. In addition, the legislation calls for increased staffing of the ombudsman program so that staff members can have a more manageable case-load and provide better protection for residents. Liability insurance will be required to be held by these facilities, and it provide more accountability for facilities that seek to avoid responsibility by simply changing ownership.

See Our Related Blog Posts:

Consumer Voice Launches New Guide to Help With Long-Term Care Decisions

October Declared Nursing Home Residents’ Rights Month

Our Illinois nursing home abuse attorneys often refer to the quality of care provided by different long-term care facilities in our area. But when we refer to a home and the services it provides, in the end, we are talking about the actual staff members employed by the facility. Day in and day out it is the individual employees who work directly with this vulnerable community that determines the level of care received. That is why it is vital to explore the human relations aspect of these long-term care facilities to get at some of the root causes of nursing home abuse and neglect.

For example, one strong indicator of problems at a facility—and an increased likelihood of nursing home neglect—are high turnover rates among caregivers both at-home and in nursing homes. This issue was discussed last week in a USA Today article. Unfortunately, staffing problems seem to be common. The story notes that with the aging of the overall national population, the long-term care industry faces chronic understaffing issues coupled with high turnover rates.

A recent research project from the Institute for the Future of Aging Services found that turnover rates vary year to year among states---usually between 60% and 100%. To combat the problem, the research effort can up with a list of recommendations. Those include offering a living wage to these employees, ensuring they have proper benefits, and are provided overtime pay. Each Chicago elder neglect attorney at our firm realizes that these issues are perhaps more likely related to home health care workers who—amazingly—were not required to be paid minimum wage and overtime until last December.

However, as is always the case, those running these businesses rarely wish to cut back from their own bottom line by paying workers more. Instead, the only way to get workers better pay is usually to require the seniors themselves to foot the bill with rate increases. This was part of the complaint made by agency owners fighting the Labor Department’s recent rule changes forcing these workers to receive minimum wage. Of course, keeping this all into perspective, even workers making minimum wage only receive $16,000 per year.

As those working on nursing home abuse and elder neglect explain, turnover is particularly damaging in senior care situations. Instead of developing strong relationships with caregivers who are able to learn about an individual’s particularly needs and concerns, many seniors see new workers on a constant basis. Training is often minimal and new employees have a learning curve. With few caregivers having actual experience and many of them leaving quickly, the overall level of care often remains quite low. Vulnerable seniors suffer as a result.

Keeping turnover rates low is only one of many ways that care can be improved at nursing homes and home care agencies. However, it is one of the most important ways to do so, because it relates directly to the level of treatment seniors receive each and every day. More pressure needs to be placed on these businesses by community members, demanding that changes be made so that good employees are retained.

See Our Related Blog Posts:

Chicago Nursing Home Lawyer Encourages Promotion of Elderly Quality of Life

Surveillance Cameras Important in Fight Against Elder Abuse

Our Illinois nursing home abuse lawyers know that long-term care issues matter to millions of Americans. Last year marked the first where the oldest members of the Baby Boomer generation began to retire. For many of these individuals, figuring out how they are golden to receive the extra care that they might need down the road is a very real concern. Considering the still precarious state of the economy, the seeming possibility of federal cutbacks, and similar issues, many residents worry that they will not have access to high-quality elder care. The prevalence of nursing home neglect and mistreatment makes the issue even clearer.

That is why it is surprising that there has been a lack of discussion among the presidential candidates so far this election season regarding these issues. An article this week in Forbes lambasted many of the candidates for their failure to even speak on the issue. Baby Boomers are voters, and it is reasonable that many would be interested in hearing where the candidates stand on long-term care issue. Unfortunately, as the article notes, “most presidential candidates don’t care enough about long-term care services to bother to describe their views on the issue.”

The article was referring to a survey sent out by fifteen different elder neglect prevention and advocacy groups including the National Council on Aging, National Senior Citizens Law Center, and others. The survey—a common tool used to get candidate opinion on certain issues on record—include only five questions. It was sent to President Obama and the main Republican presidential candidates: Newt Gingrich, Rick Santorum, Ron Paul, and Mitt Romney. However, only President Obama and former Speaker of the House Newt Gingrich even responded to the questionnaire.

The President’s response was rather brief. He noted that he supported home-care programs which seek to get residents out of nursing homes. Speaker Gingrich had a lot more to say. He mentioned that he thought repeal of President Obama’s healthcare bill was necessary and that Medicare needed to be changed from a guaranteed benefits program to one with defined contributions. In addition, he called on scraping the Medicaid system for a federal block grant program. Not only that, but Gingrich has suggested that Health Savings Accounts and Flexible Savings Accounts be used to allow residents to buy long-term care insurance. In addition, Gingrich noted in his survey response that he wants to promote new models of senior care which are focused on at-home caregiving and primary medical care. In so doing he discussed the use of assisted devices to help monitor seniors at home.

What the other candidates think about these issues is anyone’s guess.

The Chicago nursing home abuse lawyers at our firm realize that these issues affect millions of residents. As such it is vital that community members understand how each candidate may affect these concerns. This information could affect a vote. Hopefully the ultimate Republican candidate and President Obama elaborate on the long-term care planning legislation and policy points later on in the election season.

See Our Related Blog Posts:

Most Nursing Homes Employ At Least One Criminal

More Thorough Background Checks Proposed for Illinois Nursing Home Employees

The legal battles regarding mandatory arbitration continues to rage on this week, as the United States Supreme Court recently handed down a ruling on the subject. Unfortunately, the federal high court decision is one that places more victims of nursing home neglect in danger of losing their legal rights. The Charleston Daily Mail has the story.

The Supreme Court decision was an appeal from a state supreme court ruling which interpreted federal law to deny many long-term care facilities the ability to slip in mandatory arbitration clauses in the fine print of nursing home contracts. As each Chicago nursing home abuse lawyer at our firm has explained in the past, these clauses often do extreme damage to the legal rights of these individuals and their families. The arbitration process is almost always slanted toward the interests of the nursing home. Understanding the extreme harm of these mandatory requirements, the state supreme court struck down the use of these clauses. However, via a ruling released this week by the U.S. Supreme Court, that limitation is now reversed.

The state court had reached its decision by concluding that the Federal Arbitration Act (which allows the clauses) did not apply to these cases, because the Act did not apply to personal injury suits or wrongful death suits. The highest federal court disagreed with that analysis. With the reversal, the state supreme court is now forced to reconsider the previous ban on the clauses.

The consequences of this federal action may reverberate throughout the state. That is because another state decision last year was based in large part on the earlier arbitration decision which has now been overturned. The second state decision had to do with binding arbitration clauses used by national housing companies which built unsafe homes in the state.

Our Illinois nursing home lawyers believe that these rulings are misguided and do grave injustice to nursing home abuse victims and their families. However, regardless of the legal interpretation of the federal statute which currently allows these clauses, it is important to know that there are ways to fight back. Most importantly, the law itself can be changed. That is exactly what several federal lawmakers are trying to do. Led by Minnesota Senator Al Franken, the Arbitration Fairness Act is currently making its way through Congress. The measure would change the law so that there is no ambiguity about the illegality of these forced arbitration clauses. In this way, many unsuspecting families will be spared the hardship that comes with dealing with one of these clauses after already having been hurt by mistreatment at a long-term care facility.

Everyone should do what is in their power to help advance the proposed federal legislation which would do away with these clauses once and for all. Until the measure is passed, it is incumbent upon families to ask questions before they sign nursing home contracts. In particular, be sure to get a clear answer on whether or not the contract includes an arbitration clause. If so, we recommend that the clause not be signed so as to avoid giving away legal rights.

See Our Related Blog Posts:

U.S. Senate Arbitration Fairness Act Would Provide Fairness for Nursing Home Abuse Victims

Standing Up For Seniors Report: Forced Arbitration

Federal financial concerns often impact the lives of our most vulnerable community members—including seniors in nursing homes. That is why our Illinois nursing home abuse lawyers closely follow all budgetary political battles which affect programs like Medicare and Medicaid. Changes to these allocations or rules can have ripple effects which dictate the quality of care provided at many long-term care facilities. It is not an exaggeration to say that the prevalence of nursing home neglect and abuse in our area is strongly influenced by some of these financial realities.

Along those lines, last week the President unveiled his proposed federal budget for fiscal year 2013. As summarized by the AMDA, the proposal includes a series of spending cuts as well as revenue increases which together seek to reduce the federal deficit by over $3 trillion over the next ten years. Of that deficit reduction, about 9% would come from Medicare and Medicaid. All told the budget includes a list of Medicare legislative proposals which the administration argues would save $302.8 billion over a decade. This would be accomplished by “aligning payments with costs of care.” In addition, the proposal seeks to reduce the spending by providing more incentives to urge high-quality care which reduce high-cost complications.

Our Chicago nursing home lawyers were interested to learn that part of the package includes adjusting skilled nursing facility payments in an effort to reduce hospital readmission rates. According to current Medicare estimates, at least 14% of patients discharged from a hospital to a nursing home are readmitted to the hospital for conditions which could have been avoided. This is not surprising considering the rampant nursing home abuse and mistreatment that occurs at facilities across the country. The new proposals would reduce payment to facilities by up to 3% for those with preventative readmissions.

Another simple change that might save money, according to the proposed budget, would be to align Medicare drug savings with Medicaid drug savings. Medicaid pays lower rates for brand name and generic drugs. Allowing Medicare to receive the same rebate would save a stagger $155 billion over a ten year period.

In addition, payments for a select group of “post acute care providers” might also be adjusted as a cost-saving measure. Right now researchers believe that Medicare payments exceed the costs of care in post-acute settings. Adjusting those payments would likely save money. This would affect long-term hospitals, skilled nursing homes, inpatient Rehabilitation facilities, and home health groups. All told, the “adjustments” might save as much as $57 billion over a ten year period.

It remains unclear if any of these proposals will come to fruition. Right now they only represent a starting ground, initiated by the President to being the progress with Congress to agree on an actual, final budget. Considering the rough relationship that the President maintains with the GOP controlled House of Representatives, there is a good chance that many of these proposals will have to be changed. In any event, it is important to understand what these possibilities are and how it might ultimately affect the care received by senior friends and loved ones.

See Our Related Blog Posts:

Steep Budget Cut Seen for Home Health Services for Seniors

Nursing Home Advocates Stand Against the “Balanced Budget” Amendment

The Courier-Journal published a story earlier this month on the end of a nursing home neglect case filed against a nursing home following a deadly fall. According to arguments made by the nursing home neglect attorneys involved, staff members at the defendant-home were negligent when they tried to transfer the senior from a chair into his bed.

The lawyers explain that the man had severe osteoporosis. Only one nurse was trying to use a lift to move the man. The nursing home care plan actually called for two aides to be involved in the process at all times. The resident fell onto the floor during the move—breaking both of his legs. However, nothing was done about the broken legs and he was instead placed back into bed. Because the man had suffered a stroke, he was unable to communicate with those around him to explain the severe pain that he was in. It wasn’t until two weeks later that his broken bones were discovered. He ultimately died two months after the fall. A jury deliberated for two hours before returning verdict for the family.

Falls in nursing home are perhaps the most common situations that residents are hurt in ways that could have been prevented. Our Illinois nursing home abuse attorneys have come to learn that these falls occur in two common ways. Both types of falls are a sign of negligence, and it is vital that facilities be held accountable when they allow these incidents to occur.

First, sometimes residents fall because they are not properly supervised. Upon admission to a facility a resident should be assessed for their fall risks. Based upon the senior’s health, strength, medical history, mental conditions, and other factors, caregivers should be clear in understanding the chance that the senior might suffer a dangerous fall. After the assessment is a made, a plan must be created to account for the risks and provide guidelines regarding how the senior should be observed and cared for so that those falls do not occur. In many cases, when a senior falls it is because the caregivers failed to abide by the protocols outlined upon the senior’s admission plan—leaving them alone for periods of time or in situations that present unnecessary dangers.

Second, the other common fall scenario does not involve elopement (the failure to properly monitor residents) but instead problems with resident transfers. That is what happened in the case discussed here. Many seniors need help moving from a bed to a wheelchair or while using the facilities. Many care plans call for at least two nursing home aides to help during many of these transfers. However, often due to low staffing, some caregivers try to get around this rule and transfer residents without the proper help or equipment. When this occurs residents often fall—leading to serious injury or even death. All nursing home attorneys will tell you that either type of fall is likely a sign of clear neglect. Our seniors deserve better, and caregivers must understand that allowing these incidents to occur results has consequences.

See Our Related Blog Posts:

Winchester House Pays $1 Million to Levin & Perconti Client

Lake County Pays Levin & Perconti Client $1 Million in Negligence Case

The Gainesville Sun reported last week on the end of an elder financial exploitation criminal case. The case stems from senior financial abuse committed against a 93-year old woman by her neighbor. This particular criminal case took a series of twists and turns before ultimately ending in a no contest plea and sentence against a 53-year old woman.

The crimes were first brought to the attention of local authorities when the senior’s daughter ended up staying with her mother for an extended visit. During that time she noticed that her mother was not getting any mail. This seems suspicious, and so the daughter investigated more to figure out what was going on. Upon inquiring with the post office, the daughter learned that her elderly mother’s neighbor—the defendant—has arranged for the mail to be held at the post office.

It wasn’t until later that the daughter learned why—she didn’t want the daughter to see bank statements and other financial documents. Upon getting access to the mail, the senior’s daughter realized that something was wrong with her mother’s financial situation. She called the local sheriff’s office to report that money was missing from bank accounts. The authorities discovered that at least $21,000 had been fraudulently written from the elderly woman’s account. Most of the checks were made out to the senior’s two neighbors.

Upon collecting this information the authorities originally charged both women neighbors with the senior financial abuse. However, eventually it became clear that one of the women—the defendant’s 48-year old live-in partner—had no idea that the misconduct was taking place. Instead, her partner was writing the checks in her name without her knowledge. However, it took local authorities a bit of time to sort this out. Instead, both women were charged. The innocent partner actually lost her job as a physician’s assistance because of the mix-up.

Authorities realized that one of the women masterminded the whole thing when they discovered that she had done the same thing in two different states. Eventually the woman pled no contest to the charges. Last week a judge sentenced her to seven years in prison and eight years probation following the plea.

Our Chicago nursing home abuse attorneys understand that actual punishment for this sort of exploitation is actually rare. Many seniors have money taken from them by dubious means, and a majority of them never see any justice. That is because they often have no one paying attention to their interests. Even in this case, had the daughter not been staying for an extended visit it is unlikely that she ever would have discovered the mail situation. Without that warning sign, there’s a chance that she never would have investigated and uncovered the financial problems.

Each Illinois senior abuse lawyer at our firm wants to take this opportunity to again remind all local residents to be on the look out for any indication that a senior family member or friend who may have been taken advantage of financially. Much of this conduct remains hidden because the senior never learns that they have been victimized and those in a position to stop of the abuse do nothing.

See Our Related Blog Posts:

Abused Seniors Need More Safe Havens

Nursing Homes Targeted in Nationwide Crime Ring

The local community was shocked this week to learn of the tragic attack at Oak Park Healthcare which took the life of a facility resident. Last week we explained the situation. According to reports at the time, an 80-year old resident, Anibal Calderon, was found beaten at the facility. The senior suffered from dementia and had been living at the assisted living facility to receive the close care that he needed as a result of his cognitive disability. However, that close care was not provided.

Our Chicago nursing home lawyers were shocked to learn that Mr. Calderon was attacked in the head by a fellow, younger resident. As a result of the attack, Mr. Calderon suffered a traumatic brain injury and eventually passed away at an area hospital. Investigations are still underway to determine exactly what protocols breaches led to this tragedy. Mr. Calderon leaves behind a wife and two adult children.

Levin & Perconti has recently been retained by the Mr. Calderon’s family to represent them in the matter and fully investigate the circumstances surrounding their loved one’s passing. Three of our Illinois nursing home neglect attorneys will represent the family, Steven M. Levin, John J. Perconti, and Michael F. Bonamarte. From the outset it appears clear that the facility and caregivers at Oak Park Healthcare did not engage in the level of conduct required by law to keep the residents in their care safe. When these sorts of breaches of care occur, the civil justice system is often needed to ensure that fair redress and accountability are provided.

As our Chicago nursing home attorney John Perconti noted about the situation, “The nursing home had a duty to supervise and protect each and every resident in its facility. There clearly was a breach of that duty, which resulted in Mr. Calderon’s unnecessary death.”

It is still too early to say for sure what legal issues will be implicated in this case. More information needs to be collected before any decisions can be made by the family about what they feel is appropriate. Attorney Perconti explained that “Right now we are in the early stages of our investigation. Once we obtain Mr. Calderon’s nursing home records and the police investigation documents, we will be in a better position to determine how this preventable tragedy occurred.” At this point, the family has made clear that they are hoping to use the situation as a wake-up call to prevent these facilities from acting inappropriately in the future, forcing other seniors to face the same inadequate care.

Our firm has worked on many situations involving one resident attacking another. Unfortunately, these attacks—and the injuries that result—are almost always preventable. When a facility provides proper supervision of residents, particularly those with known cognitive special needs, these acts of violence can be caught. This is especially important for any residents who have a known propensity for violence. It remains essential for those who own these homes that allow this conduct to occur to be held accountable for their negligence, ensuring that changes are made so that future residents are spared.

See Our Related Blog Posts:

Illinois Nursing Home Attack at Oak Park Healthcare Center

Care Centers Owns Over 20 Nursing Home in Illinois

Each Illinois nursing home abuse lawyer at our firm knows that instances of misconduct and harmful neglect are not randomly scattered across all local long-term care facilities. Instead, there is often a considerable gap between the best performing nursing homes and the worst. Those at the bottom are frequently the site of nursing home neglect that leads to serious injury and death of residents that could and should have been prevented.

One of the best ways for local residents to learn about the quality of facilities in which their loved one lives or that they are considering is the U.S. Government’s “Nursing Home Compare” website. The tool ranks all long-term care facilities on a range of factors. Each home is also given an overall rating (between 1 and 5 stars) which tracks their overall performance on a range of different criteria. It is important to remember that some of the data used in the analysis is self-reported. That means that the federal body which compiles the list uses information voluntarily given to them by the nursing home without actual proof. While this does not automatically undermine the merit of the ranking, it is important to remember that it likely influences the overall extent to which the ranking reflect actual care. In other words, while the rankings are helpful to compare one facility to another, they may paint a rosier picture of each facility overall than reality would suggest.

This week a story in the USA Today talked about the trends in nursing home rankings in recent years. It was noted that there are currently over 560 homes than have had the lowest ranking (1 star) for three years running. These represent the chronically deficient nursing homes. One CEO of a non-profit facility summarized the situation, noting, “Nobody wants to see consistent one stars; they give everybody a bad name. You’d like think the marketplace would deal with it and residents wouldn’t get placed there, but sometimes they don’t have a choice.”

The report found that, overall, nursing homes nationwide are slightly improving the care that they provide according to measures used in compiling the federal report. However, while some locations are improving others are languishing. The trend lines differ wildly from home to home. Among those stuck at the lowest rating, more than 2/3 of them were for-profit facilities owned by nursing home chains. This is much higher than the actual percentage of homes which are for-profit—even more evidence that private homes do a worse job of providing care, on average, then their non-profit counterparts.

Our Chicago nursing home abuse attorneys appreciate that many residents in our area are given few options when it comes to where their loved ones are sent when they need close around-the-clock care. Yet, just because one is forced to live in a mediocre facility does not mean that they must simply accept lapses in care. Even one-star facilities are held to the same standard of reasonable care as five star homes. If you believe that a loved one has been hurt because of negligent nursing home care, please get in touch without our nursing home neglect lawyers to see how we can help.

See Our Related Blog Posts:

Levin & Perconti Filed Nursing Home Neglect Lawsuit Against Elm Brook Health Care & Rehab Center

Illinois Nursing Home Neglect Lawsuit Filed Against Virgil Calvert Nursing Home

The Belleville News Democrat reported last week on an Illinois nursing home wandering death. According to the report, a 77-year old man was living at the Midwest Rehabilitation and Respiratory Care Center last month when he left the facility without catching the notice of any of the facility staff members. He was later found outside in the cold in a creek about a block from the facility. The night that he left the temperature dropped well below freezing. An autopsy confirmed that he died from hypothermia due to exposure to the elements.

The tragic case of Illinois nursing home neglect led to an investigation by the Illinois Department of Public Health. That state investigatory body released the results of its look into the situation last week. The information in the report clearly reveals that the facility should have done much more to prevent the tragedy from occurring.

Amazingly, the very resident who died in the ordeal had wandered away from the home on at least two prior occasions. Of course, it is logical that the facility would have taken added precautions to prevent the man from wandering again after the first times that the left the facility. However, the investigation revealed that the senior was not wearing a patient monitoring device at the time. If he had been wearing the device the entire ordeal might not have occurred and he likely would have survived.

Our Illinois nursing home lawyers were not surprised to learn that man’s individualized care plan was completely void of mention of his wandering tendencies. The senior, who suffered from dementia, kidney failure, and heart disease, had a care plan which did “not address [his] exit seeking behaviors and elopement attempts, and goals and interventions to address these behaviors.” In other words, the facility essentially ignored his flight risk and did nothing to prevent him from remaining safe in their future. Their negligence in this area was clearly a contributing factor to his ultimate death.

All told this report from the Illinois Department of Public Health ended by issuing the facility eight different citations against the home for its mishandling of the situation. Two of those eight were of the most severe variety, for actions that put residents in immediate jeopardy. In fact, two of the citations were related to mishandling of situations for other residents who had wandered from the facility. For example, a resident with a history of alcohol abuse wandered out of the home without notice. It wasn’t until later that he was found at a bar fifteen blocks away. It remains unclear what specific fines will be ordered and whether or not the actions will result in licensure issues for the home. However, the facility will be required to engage in a corrective plan of action, including listing in detail how improvements will be made to prevent future tragedies.

The daughters of the senior have met with an Illinois nursing home neglect attorney and are exploring their legal options. The attorney noted, “I think the findings clearly show and indicate that there was negligence if not gross negligence.”

See Our Related Blog Posts:

Poor Supervision Leads to Nursing Home Fall

Nursing Home Wandering Death Explained By Inside Source

Yesterday we discussed proposed legislation in the U.S. Senate which seeks to increase protection against elder abuse and neglect. Our Chicago nursing home abuse attorneys discussed how prevention of senior financial exploitation was at the center of those efforts. The problem is a hidden one, with millions of seniors affected—most of which goes unreported. Even fewer cases of exploitation actually result in catching and punishing the wrongdoer. The more resources and awareness that are thrown toward this efforts, the more we can work to change those dismal numbers.

In a bit of good news on the topic, the Center Square Journal reported on a group of bank employees that thwarted attempted Illinois elder financial abuse. According to the story, two employees of MB Financial Bank worked together to stop the scam. The two employees work at the bank’s branch on the 4800 block of North Western Ave. Thanks to their work, a senior customer was saved thousands of dollars.

Apparently there was a customer who engaged in some suspicious account activity that seemed out of character. The senior then made a request for a $5,000 cashier’s check. This action in particular put the bank employees on alert that something suspicious was going on. The MB officials got in touch with local authorities to share their concerns, because they did not want to at least make sure that the senior’s actions were not signs of exploitation. The officials investigated the matter further and got to the root of the problem. It seems that the senior had gotten a notice in the mail that demanded $5,000 in order to collect millions of dollars being held at U.S. customs offices. The notice was very aggressive, threatening imprisonment if the demands were not met. Thinking that the communication was legitimate, the senior was close to sending the money to meet the demands. Fortunately, authorities were able to notify the woman of the scam before it occurred, saving her the large financial loss.

In recognition of their good work preventing the Illinois elder abuse, the bank employees were recently honored with an Honorary Civic Commendation from the CAPS Implementation Office. MB Financial explains that they regularly have staff members participate in programs designed to teach about the warning signs of elder abuse. As this case shows, that work pays off. It is through the good work of employees like this that more seniors can be spared being taken advantage of by unscrupulous scam artists.

To those of us accustomed to the “Spam” filtering in through mailboxes and email boxes, it may seem strange that so many could be taken in by these scams. However, many seniors are not as familiar with electronic communications and other “phishing” attempts to steal sensitive information and funds. When a senior —who often is just learning how to use email—gets a message from a friends email account asking for funds to get out of a foreign country, for example, the senior may never suspect that the email account was hacked. Those of us who are more versed in the information age might not fall for these schemes as much, but that doesn’t mean they don’t still work on those unfamiliar with complex scams.

See Our Related Blog Posts:

Editorial Lambasts Washington for Ignoring Elder Abuse

Elder Financial Abuse Reaching Crisis Levels, Say Researchers

Our Illinois nursing home lawyers were saddened today to learn of the death of a resident at the Oak Park Healthcare Center. As reported by CBS Local News, an 80-year old man with Alzheimer’s disease was brutally beaten to death at the facility on Tuesday. Amazingly, it seems that the alleged attacker was another resident at the home.

Of course investigations into the tragedy are on-going to figure out exactly what led up to the tragedy at the local long-term care facility on Harlem Avenue in Oak Park. At this point, we know that the victim, Anibal Calderon, was found by a nurse on Sunday night at the facility. Mr. Calderon lived in the facility’s Alzheimer’s and dementia ward. When the nurse in the ward found him, he was unconscious. Emergency responders were called and he was rushed a local Oak Park hospital. He was eventually transferred to Rush University Medical Center. However, his injuries ultimately proved to be too severe, and he passed away on Tuesday.

Investigations over the last few days have uncovered evidence which suggests that Mr. Calderon may have been attacked by another resident. In particular, a 66-year old fellow resident may have hit the victim over the head with some heavy object. At this point authorities believe that the two residents likely got into some sort of argument which escalated to the point that the physical attack occurred. This suspected series of events was verified by the results of an autopsy report that were recently released. The autopsy specifically found that the man died of craniocerebral injuries and blunt trauma caused by an assault. The county’s medical examiner’s office has ruled the death a homicide. So far representatives from the nursing home have not commented on the matter.

Our hearts go out to Mr. Calderon’s family members who are forced to deal with this completely unacceptable series of events. As Illinois nursing home neglect lawyers in the Chicago area, we are well aware of the ways that inadequate supervision and cut-corners at some of these long-term care facilities leads to preventable deaths like the one here. The residents in these homes, particularly those with certain cognitive ailments like dementia and Alzheimer’s disease, live in the facility specifically to prevent dangerous situations like this one.

It is imperative that a complete investigation be conducted surrounding this event to learn exactly what happened. Many questions need to be answered by the nursing home staff members and administrators about the goings-on at this facility to determine what went wrong. Were the residents monitored in an appropriate fashion? Were there warning signs about the aggression of the attacking resident? How did the attack occur without staff members notice? How long did Mr. Calderon lay unconscious before he was found? These and many other issues have to be addressed to ensure that fair redress is provided and accountability is had. That is the only way that lessons can be learned from this tragedy and future residents at this home can be spared similar incidents. This sort of nursing home neglect can never be acceptable.

See Our Related Blog Posts:

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

Negligent Illinois Nursing Homes Identified By Federal Regulators

The Associated Press reported last week on new efforts out of Washington to protect senior residents from elder abuse and neglect. Considering the epidemic proportions of the problem, the proposed legislation could not come at a better time. The measure, known as the Elder Protection and Abuse Prevention Act was introduced in the U.S. Senate by a cadre of Democratic legislators: Richard Blumenthal, Al Franken, Sheldon Whitehouse, and Robert Casey. The stated goal of the bill is to craft a variety of comprehensive elder abuse prevention measures.

For example, cutting down on the financial exploitation of these seniors is one of the primary goals. This is a problem that our Illinois nursing home lawyers know much about—this may be the least reported form of senior mistreatment. Right now estimates suggest that one to two seniors out of every ten face some financial exploitation. T he total cost of this abuse tops $3 billion each and every year. Senator Blumenthal explained that “rigorous screening and reporting to detect and deter abuse, physical or financial, is necessary to help remedy seniors who may be too fearful or embarrassed to report it themselves.” He went on to explain that the new act would implement tougher screening and reporting standard so that those involved in these misdeed can actually be caught and hopefully held accountable for their actions.

Each of the senators who introduced the bill touched on the fact that the exploitation has gone on for decades will little notice from those in a position to stop it. Senator Casey noted that, “we must bring this largely silent epidemic of elder abuse to an end.” Our Chicago nursing home abuse attorneys know that “silent” is an apt term to use here, because so much mistreatment is perpetrated on this community while they remain silent. For some victims their silence is a product of their mental condition which prevents them from fully understanding what is happening to them. For others, they are aware that they are not being treated well, but they remain uneasy about speaking up—risking the ire of those around them and causing controversy. Sadly, many seniors feel that they are a burden on their loved ones, and so they do not speak up to demand fairness and proper treatment.

Hopefully this bill spurs more third-parties who can stop the abuse to do so. Specifically, the measure toughens federal definitions of elder abuse, neglect, and exploitations. The definition changes better mesh the terms used in the two previous bills addressing the issue: the Elder Justice Act and the Older American Act. In fact, in the previous two bills elder financial exploitation was not even defined at all—a testament to the fact that this abuse has flown under the radar for far too long. Beyond that, the bill requires better coordination of elder abuse justice programs nationwide and expands the National Adult Protective Services Resource Center to provide additional services and guidance to states. The measure would also require the development of best practices for elder abuse screening and increase support for state prevention, assessment, and response services.

See Our Related Blog Posts:

U.S. Senate Arbitration Fairness Act Would Provide Fairness for Nursing Home Abuse Victims

Nursing Home Wandering Death Explained By Inside Source

Few conditions are more difficult on a senior or their family than Alzheimer’s, dementia, and similar cognitive diseases. As most know, the consequences for the victim are stark—slowly losing the ability to remember recent events and then forgetting older memories. Families dealing with the challenges of these cognitive diseases need all the support they can get. Our Illinois nursing home lawyers know that a large number of seniors facing this condition are in nursing homes. It is easy to understand why. Losing the ability to remember even basic tasks about one’s surroundings or taking care of oneself poses daily risks of harms. Providing around-the-clock car is one of the main benefits supposedly provided by caregivers at these facilities.

Unfortunately, over the years each Illinois nursing home neglect attorney at our firm has come to appreciate that many facilities fail in this basic task. For example, wandering is one of the main dangers faced by seniors with dementia and other cognitive conditions. Often these residents simply do not know where they are at any given moment. They require the help and observation of caregivers to ensure that they do not end up someplace where they could be hurt. Yet, time and again stories abound of senior who are not properly supervised and leading to severe injury or even death. For example, this week we discussed a resident with dementia who wandered through an unlocked door, ultimately falling down a flight of stairs, breaking her neck, and passing away. Similar stories have been reported this week of residents being allowed to exit a facility only to be later found dead outside in the cold.

These lapses in care can never be tolerated. Our nursing home attorneys are proud to work each day to help seniors with these conditions by holding those who provide substandard care accountable for their actions. Of course, the ideal way to help these individuals is to find cures that may limit their mental suffering all together. Fortunately, some of the nation’s foremost neurological experts are working to do just that.

In fact, this week researchers are released information on new findings which some are heralding as a breakthrough in Alzheimer’s research. As reported in this week’s edition of Science, researchers from Case Western Reserve University have apparently discovered a cancer drug that may reverse the affects of Alzheimer’s. The drug, Bexarotene, has been approved the FDA for use in cancer treatments for the last decade. However, its role in helping reverse brain damage caused by cognitive disease had previously been unknown.

Essentially, researchers found that mice with Alzheimer’s-like problems saw amazing reversals within only 72 hours of being given the drug. Mice that once had lost the ability to conduct basic skills—like building a nest—were able to reacquire the ability within days of receiving treatment. The drug works by clearing away the “plaque” that builds up in the Alzheimer’s victim’s brain impairing memory and cognition.

Our Illinois nursing home lawyers will be watching this developing research closely to see how it works in human trials. Hopefully this line of work will one day lead to important advances that can spare millions of families the heartache that comes with Alzheimer’s.

See Our Related Blog Posts:

Alzheimer’s Patient Dies in Nursing Home Fall

Nursing Home Lawsuit Alleges Negligence Lead to Resident Fall

Contrary to popular understanding, winning a lawsuit—including those involving nursing home neglect—is just half of the battle. When a judge or jury makes a decision which allocates certain money to the plaintiff in a case, the ruling itself does not guarantee that the plaintiff will receive that money. Instead, the ruling often only means the end to the first half of a prolonged legal battle. In the second half, both sides engage in more legal maneuverings to see if that award will actually makes its way to the victim.

Our Chicago nursing home neglect lawyers know that when defendants try to avoid paying they use two general tactics: claim that they do not have enough assets or claim that someone else should actually pay the judgment. Many community members are rightly indignant when they read that large nursing home conglomerates claim that they do not have the resources to pay an award. However, part of the reason is that the complex legal structuring of many of these businesses is conducted specifically so that large awards can be guarded against. While a company may have control over certain resources which could be used to pay damage awards, they usually have planning in place which makes those resources untouchable to plaintiffs.

A nursing home abuse case discussed last week in Tampa Bay News offers a helpful real-world example of the difficulty in collecting an award after a judgment has been rendered. The story notes that in today’s complex world, with private investment firms weaving in and out of ownership position of these facilities, it is often difficult to tell who is actually making money from the business at any given point in time. Of course, this presents a challenge to legal plaintiffs, because filing a lawsuit requires specific delineation of named plaintiffs. Often it is a challenge to figure out who the named plaintiffs should be. In fact, according to the TB News article, even federal regulators often have difficulty pinning down owners of these facilities at times.

The article shares the story of a 92-year old resident who died after negligent care led to her falling down a stairwell in a nursing home. She suffered from dementia and was strapped to her wheelchair. She went through a door that was left open as employees went to smoke and tumbled down the stairs. She died shortly after at a hospital after breaking her neck.

The family filed a nursing home neglect lawsuit against the company that operated the home at the time. The case ultimately ended in a $200 million jury award. A big reason for the judgment was the fact that the nursing home chain did not even have a lawyer show up at the trial. Why? Because there was immense confusion about who actually owned the facility. The named defendant-company no longer existed. A second company apparently owned the facility’s income stream and a third owned its liabilities.

Now a battle is brewing between those involved which includes tracking money between the various companies (including large organization like GE Capital). As the article quips: “A cakewalk verdict is one thing. Collection is another.” It will be interested to see how this case unfolds in the coming months.

See Our Related Blog Posts:

Illinois Nursing Home Neglect Lawsuit Filed Against Virgil Calvert Nursing Home

Illinois Group Home Abuse Remains Overlooked Problem

Our Chicago nursing home abuse lawyers appreciate that our nation’s seniors often face mistreatment on a wide range of fronts. Elder abuse in assisted living facilities and nursing home are one of the most talked about forms of mistreatment—but there are many others. As we’ve discussed consistently, financial exploitation of these groups remains prevalent. With some studies suggest one or two seniors out of every ten face some sort of financial abuse, quite a few have begun referring to the issue as an epidemic.

Financial exploitation of the elderly comes in many forms. Sometimes it involves elaborate scams pulled by con artists who convince unsuspecting seniors that they need repairs on their home or who otherwise “sell” something, take money, and fail to provide anything for the victim. In many other cases the abuse is perpetrated by one who is in some position of control over the senior’s finances. This could be a nursing home aide who helps with bills, an at-home caregiver who performs services for the senior, or even a family member who has access the elder’s bank account and checkbook,

Other financial mistreatment is much more sophisticated, conducted by purportedly reputable enterprises. However, the harm to the unsuspected seniors (and their families) is just as real as if the mistreatment was conducted by a scam artist.

For example, the L.A. Times reported this weekend on a new lawsuit filed by a consumer watchdog group against a long-term care insurance company. The crux of the lawsuit is simple: policyholders paid claims for years only to have the insurance company wrongfully deny or delay coverage when needed. More specifically, the lawsuit suggests that the provider sometimes ignored claims submitted by policyholders or willfully delayed the process. At times a range of unnecessary paperwork was required by the company or excessive medical examinations were requested. Similarly, the insurance company apparently told policyholders that the caregivers they used had to have certain licenses—even though this went against state law and company policy.

As the consumer watchdog group president noted, the insurance company was “preying on the elderly.” One plaintiff, a 78-year old man, dutifully paid premiums on his policy for sixteen years. When he finally needed the extra care, the insurance company engaged in a wide range of stall tactics and claim denials. In the end, the company denied 80% of his claims. This forced him to lose all of the assets he had built up over a lifetime—the very outcome he wanted to avoid by purchasing the insurance in the first place.

Our Illinois nursing home abuse lawyers firmly believe in the power of the justice system to help correct all cases of mistreatment perpetrated against our senior community. That is particularly true when those wrongdoers are large businesses—like nursing home chains and insurance companies. When trying to fight the company alone, many residents feel overwhelmed. However, the court system can be a great equalizer. All those involved, including the big interests with the deep-pockets, are forced to explain their actions. Please get in touch with our office if you know one who has been hurt by nursing home neglect, financial exploitation, or similar misconduct.

See Our Related Blog Posts:

Editorial Lambasts Washington for Ignoring Elder Abuse

Elder Financial Abuse Reaching Crisis Levels, Say Researchers

The Houston Chronicle reported this week on a new criminal case being launched against hospital executives for running an apparently $116 Medicare scam. Our Illinois nursing home abuse attorneys know that the situation is yet another reminder that when it comes to elder neglect money truly is the root of all evil. According to allegations being made in the criminal case, a senior general hospital executive was apparently involved in a kickback scheme that bilked taxpayers out of well over a hundred million dollars in funds. The fraudulent actions sent money to patient recruiters and nursing home owners in exchange to sending those patients to mental health clinics run by the general hospital.

The charged executive managed the day-to-day operations of the hospital’s clinics. The bizarre accusations suggest that the executive also bribed “patients with cigarettes, food, and coupons redeemable at the hospital’s ‘country stores’ in order to entice them to therapy.” Of course the facility stood to gain financially from having these seniors and disabled community members use their particular services, regardless of whether they needed those services or not.

The specific charges against the man claim that, along with co-conspirators, he submitted$116 million in claims to Medicare for mental health services that were not need or not even provided. The patients were steered to the facility by paying off those who made decisions about where to send patients. In one case a recruiter was paid $5,000yearly. In another case a recruiter was apparently given $300 for every patient that he directed toward one of the clinics managed by the hospital administrator. Other allegations implicate a nursing home. Apparently, the executive paid the owner of the facility nearly $4,000 in exchange for the owner referring residents to the hospital in question.

Our Illinois nursing home lawyers appreciate that these situations occur in various degrees across the country. When these institutions are privatized, with immense pressure to maximize profits, then the priorities become skewed. At the end of the day the well-being of the patient (or long-term care resident) must always remain of pinnacle concern. Yet, money often displaces well-being in that assessment. When that occurs, elder neglect and abuse is much more likely to occur. Short staffing and under-training are the most common ways that these misguided prioritized materialize. When owners care most about maximizing profit, they are willing to risk lives with inadequate caregivers. Those even more desperate to make money will engage in conduct like that alleged here, with kickbacks, fake treatment, and unnecessary services paid for by the public.

These situations cannot be tolerated. The only way to make sure things change is to hold those who engage in these practices fully accountable. Private citizens have a role to play. When you suspect a nursing home near you is not committing the resources necessary to keep patients safe please do not remain silent. Report the situation to state officials, visit with elder advocacy group, and contact legal professionals to understand what can be done to demand changes and ultimately save lives.

See Our Related Blog Posts:

Nursing Home Lawsuit Filed After “Granny Cam” Catches Abuse

Pair Accused of Illinois Elder Abuse Will Remain in Jail

Money makes the world go round. While there are many fair critiques of this old cliché, it is undeniable that financial incentives are at the root of many individual and business decisions. The Illinois nursing home neglect lawyers at our firm know that is definitely true when it comes to the long-term care industry. Our repeated complaints about the distorting effects of financial incentives should not be taken as a naïve approach to business. Of course we understand that the goal of all private industries, including privately-run nursing homes, is to turn a profit for shareholders and investors.

However, working to turn a profit is not the same as sacrificing everything—including the well-being of seniors—in pursuit of that goal. There comes a point where responsibility to those counting on ones services should at least factor into the services provided. Unfortunately, considering that so many cases of nursing home neglect and abuse can be traced back to finances in one way or another, many owners fail to do anything that might mean they make a little less money.

Perhaps the most important example of this is understaffing. So much nursing home mistreatment is rooted in not having enough caregivers around to perform everything that needs to be done in a timely manner. When these workers are stretched too thin, it is almost inevitable that some preventable instance of nursing home neglect will occur at some point. Sadly, many owners prefer to deal with the consequences of the harm that befalls the resident instead of committing the resources at the beginning to properly staff the facility and prevent the harm in the first place.

Not only are there often too few employees, but in some elder caregiving situations, those employees maybe drastically underpaid. As reported in a post this week at Moms Rising, home care workers continue to be excluded from federal minimum wage and overtime laws. These care workers often allow a senior to stay in their home, providing services like bathing, dressing, shopping, medication management, and transportation for seniors. Amazingly, under the Fair Labor Standards Act, these workers do not have to be paid a minimum wage or be provided overtime pay.

Fortunately, the Obama administration has proposed new regulations to include home care workers in these standards. The Department of Labor is soliciting comment on the new rules until the end of the month. The Department may finally overturn this misguided policy at the end of that time.

Our Illinois nursing home lawyers know that underpaying workers is a recipe for mistreatment just as understaffing is. Basic fairness seems to demand that these important caregivers be on the same playing field as all other workers. We urge federal policymakers to correct this egregious oversight and ensure these caregivers are paid properly. In addition, local family members who are considering different at-home services should be sure to learn about the wage practices of the businesses they are considering. The quality of the care their loved one receives depends exclusively on the merit of the employees who will actually visit the home and provide the needed help. Use of fair employment strategies influences the worker’s well-being and the quality of the services they provide.

See Our Related Blog Posts:

New Wage Regulations for Senior Home Care Workers

Home Health Care Employment Practices Largely Unregulated

No topic in the world of psychology has received more attention in the last decade than the emergence of a field known as “positive psychology.” The principles of the discipline are far reaching and may have implications for eliminating Illinois nursing home abuse and improving the lives of seniors everywhere.

Traditional psychology focuses on identifying problems faced by individuals and figuring out ways to treat them. Conversely, positive psychology deals not with fixing what is wrong, but in maximizing what is right with individuals. In its earliest stages positive psychology was labeled “The Study of Happiness.” However, as the field has grown, the overall idea of positive psychology has morphed into a focused on “well-being” or “flourishing” with “happiness” (usually thought of as positive emotion) being just one part of the field.

So why is this of any concern for Illinois nursing home neglect attorneys?

There are many different answers. One of the many can be found in the latest book by Dr. Martin Seligman—regarded as the founder of the positive psychology movement. Dr. Seligman is one of the most renowned psychologists of the last half century, having worked on a range of topics from learned helplessness and suicide to the effectiveness of cognitive therapy. His latest book, “Flourish,” fleshes out the current understandings and empirical evidence supporting positive psychology methods. The book includes a Chapter entitled “The Dirty Little Secret of Drugs and Therapy.” The section discusses how financial incentives likely distort treatment for those with psychological problems, like depression.

Dr. Seligman noted that antidepressant drugs are a multibillion dollar a year industry. Yet, experiments show that virtually all of these drugs—things like Prozac, Zoloft, and Lexapro—beat placebos only by 20-25% in effectiveness studies. In addition, the drug benefits are only cosmetic. They do not offer a cure. If the drugs are removed the benefits for the patient are lost.

However, positive psychology treatments have been documented as having benefit to the patient that are just as strong as those seen in antidepressant medications. Positive psychology strategies essentially involve various exercises and awareness programs to help individuals recognize their strengths, maximize the use of those strengths, and actively fight thought traps which lead to depression. When appropriately implemented the treatments has the ability to minimize drug use (and their associative costs) while actually improving the lives of residents indefinitely.

All Illinois nursing home lawyers know the role that antidepressant medications have on the lives of residents of long term care facilities. On one hand, evidence suggests that these drugs may be lethal to certain residents. On the other hand, even when not deadly, the drugs have very real effects on the overall quality of life for residents. Considering that psychological evidence continues to offer alternative methods of improving the lives of residents without drugs, it seems obvious that those methods should be explored. However, every Illinois nursing home abuse lawyers at our firm appreciate that this will require confronting the role of drug use in these homes head-on, as well as committing resources to better training staff members on the ways that effective positive psychology can be integrated into the care of seniors.

See Our Related Blog Posts:

New Way to Support Nursing Home Laws

Pilot Program Seeks to Improve Troubled Nursing Homes in Illinois

Our Illinois nursing home lawyers appreciate that many seniors in local long-term care facilities suffer from various mental cognition issues, such as dementia and Alzheimer’s disease. In fact, one of the main reasons why many seniors and their families make the choice to seek out the around-the-clock care that is provided at nursing homes and skilled living facilities is specifically because of the vulnerabilities of these mental conditions. When facilities fail to take these vulnerabilities into account it is often a sign of nursing home neglect.

Degenerative brain diseases can take a very serious toll on a senior, exposing them to a range of life-threatening risks. Unfortunately, many families only become aware of their loved ones’ condition after a traumatic event or injury occurs. According to a report in the USA Today,that is why as part of a new “National Alzheimer’s Plan,” advocates are working on ways to get doctors and families more involved in early detection—spotting the problem before it leads to injury.

This is often easier said than done. For one thing, those in the early stages of dementia are usually good at covering up their problems. Even when mistakes are made or memories are forgotten, it may be difficult for loved ones to realize that the problems are actually connected with a serious cognitive disease. Experts say that the problem is often harder to detect when a spouse is involved. For example, when a senior forgets to pay a bill or forgets how to make dinner, their spouse often helps them out. While this is obviously a good thing, it makes it harder for other family members—adult children—to learn about the actual condition of their ailing parent.

But early detection is incredibly important in these cases so that the senior can be guaranteed to have help and to avoid serious accidents. Adult children often play a crucial role in this. One advocate working to prevent elder neglect and abuse explained that having close family input, “is the only way to know if the person really is eating and taking her medicines as she claims, and not forgetting to turn off the stove.”

Medical professionals, particularly primary-care physicians, can also play a crucial role in identifying cognitive problems early. For example, during check-ups it is important for these professionals to ask a few more questions to get a better idea of whether the senior is experiencing any problems that might be caused by mental issues. Simply asking if everything is alright and then getting a positive answer is insufficient.

Our Illinois nursing home neglect attorneys were interested to learn of other ways federal officials are working on the early detection problem. Medicare has a new program that pays for cognitive screenings at annual wellness visits. In addition, seniors are being encouraged to take steps to name a power of attorney and health care proxy. While it is often difficult for seniors to seek out help in these cases, having another with the legal ability to act in one’s best interests is often a crucial part of ensuring these vulnerable seniors do not unknowingly cause harm to themselves.

See Our Related Blog Posts:

Alzheimer’s Patient Dies in Nursing Home Fall

Nursing Home Lawsuit Alleges Negligence Lead to Resident Fall

M News Live published a tragic tale this week about a nursing home neglect lawsuit recently filed after a resident broke his neck. According to the report, in mid-September of this year the senior was sitting on the edge of his bed at the nursing home for veterans where he lived. The senior is ninety years old and he suffers from Alzheimer’s disease. In addition, the man has a poor sense of balance which make is imperative that he not be left alone in any circumstance what a fall might occur. Our Illinois nursing home neglect lawyers know these mental struggles and balance issues are common among seniors, and so caregivers at these facilities should be well-prepared to ensure proper safety steps are taken to prevent accidents.

Unfortunately, in this case that proper care was not provided.

A nurse at the facility did not make sure that the man was safe from a fall. Instead, she intentionally set him up on the side of the bed, and then she left the room in order to get a lift to move him into his wheelchair. By the time the nurse returned to the room, the man had fallen. The careworker found the senior on the floor. His neck had been broken in the short tumble off of the bed. In the aftermath of the accident, the man’s family has filed a nursing home neglect suit, alleging that the facility staff should not have allowed the fall to occur. Each Chicago nursing home abuse lawyer at our firm has worked on many cases where falls like this one have occurred. Considering the frail condition of many seniors, even simple falls can have very serious consequences—from a broken neck to death.

After news of this accident in the veteran’s home, many advocates explained that the root cause of the problem may be the recent privatization of the facility. The home has previously been run entirely by public bodies. However, in order to save money many funds were cut from the home for veterans. In addition, portions of the operation were outsourced to private groups. For example, the nurse who left this senior on the bed was hired by private companies.

In fact, recently a dispute between the public employees who previously worked at the home and state officials led to the firing of at least a dozen union employees at the home. Public officials also announced that the facility would be downsized, with 90 beds cuts from the operation. The cuts were deemed necessary by state officials who say they are forced to cut $4.2 million from the operation. State officials claim that switching from state employees to private contract employees can save $18,000 a day in operating costs.

However, many elder care advocates argue that the quality of care is clearly diminished with the switch to contract workers. Some residents at this particularly facility explained that unionized nurses, more comfortable in the long-term security of their position, get to know each resident better. Conversely, contract caregivers often come and go, with less familiarity with each resident’s unique needs.

See Our Related Blog Posts:

Alzheimer’s Patient Dies in Nursing Home Fall

Nursing Home Lawsuit Alleges Negligence Lead to Resident Fall

Our Illinois nursing home abuse lawyers, like all elder advocates, know that money is often at the root of senior mistreatment. Cases of intentional mistreatment occur often in our area—particularly intentional senior financial exploitation. However, in many more cases, elderly residents are hurt in our area because not because their caregivers want them to be harmed, but because they do not act reasonably to prevent harm. This mistreatment is caused by negligence, often because the caregiver does not have time to do all that needs to be done or is not properly trained to understand the best course of action in any given circumstances.

At the end of the day, money probably has more to do with Illinois nursing home neglect than anything else. This makes recent financial struggles even more worrisome for those of us concerned about well-being of senior residents in skilled nursing facilities. In order to save costs many public bodies (both the state and federal government) are tightening the belt with regard to Medicaid reimbursements. Medicaid funds most nursing home stays, and so the cost-cutting effort will affect these long-term care facilities.

For example, McKnight’s Long-Term Care News published a story last week discussing the state cut-backs in Medicaid funding. A study conducted by Avalere Health found that roughly half of states slightly lowered skilled nursing facility payment rates over the last few years. Several other states did not lower rates but froze them, so that they did not increase year to year.

However, the American Health Care Association has issued a new proposal to ease the fiscal impact of these cuts on the facilities. The plan, currently be considered by federal officials, involves incentives to nursing homes for preventing hospital readmission rates. The cost on public coffers is high when a nursing home resident is forced to move back in the hospitals from the skilled nursing facility. Therefore, if facilities can lower this rate (often simply by eliminating nursing home neglect), then public funds can be saved. Those funds might then be given back to these facilities to help with their financial situation. Conversely, if facilities fail to meet those goals, then they would face the Medicaid rate cuts. If successful, the program might both save public funds while improving the care received by seniors at these facilities.

Financial concerns affect every individual, business, and public entity. However, each nursing home abuse attorney at our firm believes that these financial changes cannot be used as an excuse by those who are charged with providing care for our vulnerable seniors. There are a variety of ways for these entities to maximize the resources available to care for residents. Also, tightening belts may mean that shareholders receive slightly less profit in any given year. But the well-being of residents must be prioritized over the complete maximization of profit for already wealthy business owners. There is nothing wrong with making healthy profits by running great businesses that provide long-term care. However, there is something wrong by hurting those who rely on your services in an effort to make that healthy profit.

See Our Related Blog Posts:

It Remains Difficult For Some Victims to Receive Compensation For Their Harm

Respected National Think Tank Criticizes Damage Caps

Not long ago the Illinois nursing home attorneys at our firm settled another case on behalf of a family whose loved one died at the Ballard Nursing Center in Des Plaines, Illinois. The case stems from an incident that occurred in mid-October of 2008, leading to the man’s death. According to information that came out during investigations into the passing, it was learned that Illinois nursing home neglect contributed to the resident’s death at the facility at only sixty one years old.

The resident entered the facility on October 17th to receive skilled long-term care. When he was admitted to the facility he had a tracheostomy tube intact. These tubes are catheters that are inserted into a patient’s mouth to ensure that the airways are opened and that the patient is able to breathe. Many seniors with various conditions, particularly those who are discharged directly from the hospital into the nursing home, need to have these tubes working properly to survive.

Unfortunately, in this case the negligent nursing home did not provide proper care for this resident. The resident died the very next day after his arrival at the home because his tracheostomy tube was not properly placed. The problem with the tube caused the man to suffer subcutaneous emphysema (where air gets under the skin)—he lost the ability to breathe and passed away.

Investigations into the incident revealed that the problem was two-fold. Not only was the tube improperly placed in the patient’s body, but once the problem was noticed, caregivers failed to abide by basic levels of care to fix the problem. Had they acted reasonably, the resident’s life would have been saved. For example, the respiratory therapist who was caring for the resident did no assess and reassess the man’s oxygen level, even after it fell to levels that should have clearly indicated a problem. In addition, when a problem was noticed, instead of trying to fix the resident’s tracheostomy tube, the therapist used an Ambu-Bag to try to restore his breathing. On top of that, it wasn’t until 30 minutes later that emergency responders were finally called to provide much-needed help. Unfortunately, by that time it was too late. The poor care and time delay caused the man to suffocate to death.

As often happens in these cases, eventually the man’s family began suspicious about the level of care their loved one received just prior to his death. There were many red flags in this case, as neglect is often present when one passes shortly after arriving at a facility—in this case, the very next day. The family contacted our Illinois nursing home lawyers and we filed suit to hold the negligent facility accountable for the conduct that took the man’s life. Last year the case was settled for more than $860,000. This amount was determined, in large part, by the available insurance funds at the facility’s disposal. Not all nursing homes have insurance, but those that do have insurance may have limits on the coverage amount. For example, in this case, the limit was $1 million. In addition, the limit was declining the longer that the case went on, because defense attorney fees were deducted from the policy limit.

See Our Related Blog Posts:

Levin & Perconti Named Personal Injury Law Firm of the Year By Lawyer Monthly

Levin & Perconti Nursing Home Abuse Lawsuit Filed Against Rosewood Care Center

A few days ago an Illinois nursing home neglect attorney at our firm announced that we had reached a settlement on behalf of a 67-year old woman who died after care she received at Hampton Plaza and Rehabilitation. We filed the Illinois nursing home neglect lawsuit after the resident was severely burned at the facility a few years ago in a smoking accident. She died from her wounds about a month after the smoking accident occurred.

After an investigation into the incident it was learned that the senior was either attempting to smoke or playing with her lighter while she was in the bathroom at Hampton Plaza. While she was there with the lighter her clothing accidentally caught fire. The fire spread and caused third degree burns throughout her lower extremities and second degree burns on her hands and abdomen. The senior never fully recovered from the burns, and she died about a month later from complications from those injuries.

The lawsuit filed by our nursing home neglect lawyers on behalf of the resident’s Special Representative and Special Administrator, explains that the facility failed to develop a proper care plan which would have addressed the senior’s unsafe smoking and risk of harming herself. The case settled last month for $675,000.

Nursing homes in these situations have an obligation to keep their residents safe. That includes making sure that the resident’s environment is void of situations that present unsafe risks. For example, in this case, the nursing home care providers continued to allow the resident to have her own lighter and cigarettes. This was the case even though the woman’s physician had explicitly ordered otherwise. The woman was actually on a program to stop smoking, and she was using a daily nicotine transdermal patch. Beyond the doctor’s orders, the staff was also aware that the woman had a habit of being an unsafe smoker. She had previously been found to smoke in undesignated areas and risk her own health and safety. Yet, despite these concerns the woman was allowed to continue the unsafe conduct until it ultimately led to her death.

Smoking accidents in nursing homes is a surprisingly common (and preventable) cause of harm. Our Chicago nursing home neglect attorneys know that stories similar to this one pour in on a consistent basis explaining how residents have been severely injured and died because caregivers failed to properly account for the risks that smoking presents. It is particularly disturbing that the problems continue even after those charged with caring for the senior are made explicitly aware of the risk.

The law is reasonable in requiring these facilities to take basic action to prevent against known risks. If a resident is known to smoke and has difficulties which might make smoking dangerous, then it is logical for caregivers to step in. When they do not step in and harm results, the law demands accountability and redress. If you know a loved one that has been hurt in one of these actions, it is important to seek out legal help. Seniors and their family members should be able to count of these homes to prevent tragedies like the one that happened here. When they don’t it is necessary for full responsibility to be taken so that future victims are spared.

See Our Related Blog Posts:

Levin & Perconti Named Personal Injury Law Firm of the Year By Lawyer Monthly

Levin & Perconti Nursing Home Abuse Lawsuit Filed Against Rosewood Care Center

An article in last month’s NAPSRC Newsletter touched on a unique issue that has implications for those suffering from Illinois elder abuse. The newsletter was published by the National Adult Protective Services Resource Center, which is a group connected to the United States Department of Aging. The newsletter article discussed the potential need for elder abuse shelters. This concept is likely unfamiliar to many community members who do not usually think of the elderly as needing abuse shelters.

The Illinois elder abuse lawyers at our firm time and again have seen cases of horrific mistreatment involving those in one’s own living space—either a family member, so-called friend, tenant, or other individual. For example, the newsletter shared the story of an 86-year old woman named Violet. Violet had moderate dementia, and she had difficulty moving around without a walker. However, she was still able to live in her own home. Violet had an extra room in her house that she rented out to make extra money. At one point she rented out the room to a young male student who attended a university that was nearby.

Not long after the student moved in, few of Violet’s friends noticed some changes. The woman’s behavior seemed to be a little off. In addition, they saw what looked to be bruises on her arms and neck. At one point Violet was brought to a local emergency room for a broken wrist. It was then that the potential elder abuse was reported to local officials. Investigations into the situation revealed that she was being physically abused by her tenant.

This same situation occurs in various forms throughout the county each day, with abuse by live-in family members, visiting friends, neighbors, and others who feel that the vulnerable senior makes an easy target. When these cases arise there is often the immediate problem of where the senior can go while the situation is sorted out. For example, after the emergency room trip Violet could certainly not go back and live with her abuser. However, it is not always possible to immediately force the accused aggressor to move. Instead, our Illinois elder abuse attorneys know that what is needed is some sort of emergency space for the senior to go temporarily. Regular domestic violence shelters are rarely prepared to handle the unique needs faced by abused seniors. The senior may be suffering from mental confusion and likely have unique medical needs.

That is why some senior health organizations are working with local assisted living facilities and other institutions to create temporary elder abuse shelters. What often happens is that the senior living facility agrees to take on the senior in their extra space just so long as other arrangements can be made. This offers the best approach to having spaces which can provide services to seniors who are often physically frail while still being able to accommodate crisis situations where there is little or no warning. All local communities should consider putting some of these elder abuse shelter plans in place to help seniors who find themselves in this situation.

See Our Related Blog Posts:

Consumer Voice Launches New Guide to Help With Long-Term Care Decisions

October Declared Nursing Home Residents’ Rights Month

All manner of excuses are often made to cover up Illinois nursing home abuse and neglect. Of course those who perpetrate the abuse are often willing to do or say anything to avoid being held accountable for their conduct. Similarly, administrators and those who manage these facilities are always worried about the bottom line, and so they skirt around concerns about low staffing and lack of protocol which leads to preventable accidents. Sadly, many trusting residents and their family members believe the steadfast denials and misconceptions set forth by those responsible for mistreatment. Each Illinois nursing home neglect lawyer at our firm knows that many cases of abuse are never actually brought to light because of the silence of those who are in a position to stand up and demand accountability.

In most instances those involved do not stand up because they desperately do not want to believe that their loved one has been the victim of nursing home neglect. At other times, the family members of victims have suspicions but decide to push them aside. Visiting with a nursing home abuse lawyer and pursuing legal redress often seems like an arduous and unnecessary process. However, we repeatedly stress that it is absolutely necessary in many cases. The very reason that mistreatment continues in nursing homes in our area and throughout the country is specifically because it is deemed cost-effective for these facility owners to create environments where abuse and neglect is likely to occur. It is only when they are forced to make changes to improve the circumstances for everyone can make a real dent in eliminating the mistreatment once and for all.

Fortunately, every day we read more stories about family members who are taking a stand and demanding accountability. For example, WLBT News reported this week on an adult daughter who is using Facebook to show evidence of abuse against her elderly mother that she believes was perpetrated while at a nursing home. The daughter posted pictures of her mother’s condition last week. The pictures show the resident with severe bruises on her face, neck, and arms.

When the daughter went to the facility to learn what happened, the nurse on duty during the fall said that she “had had enough.” The nurse admitted to giving her mother medication to calm her down. The daughter believes that her mother was forcibly moved into the wheelchair. She suffered a fractured eye and injuries to her arm and shoulder. The victim is 74 years old and is struggling through the early stages of dementia.

The woman claims that her mother suffered a broken arm in a fall a year and a half ago. The daughter has been called on several other occasions for her mother’s falls. This is a situation faced by many local families. They are often told that a loved one has been injured and then given apparent excuses for the injury. In many more cases, however, had proper care been provided then the injury would not have occurred at all.

See Our Related Blog Posts:

Pair Accused of Illinois Elder Abuse Will Remain in Jail

Negligent Nursing Home Delay Leads to Resident Death

Each Chicago nursing home neglect lawyer at our firm is proud to represent local victims of Illinois elder abuse. With each new case that results in accountability on behalf of the negligent nursing home, we believe that the lives of residents in that home are made a bit safer. Not only that, but victims are also given a sense of closure and provided redress for their loss.

Those who are familiar with how basic civil injury cases work likely understand that more cases than not settle before needing to go all the way to trial. Amicable settlements are common because they offer an efficient way of fairly resolving these disputes. For example, a settlement report was recently issued in a case that we handled last year. The legal action stemmed from the death of a man who was a resident at Glenwood Healthcare and Rehab.

The man entered the facility weighing 225 pounds and without any skin ulcers. However, it was noted upon his admission that he was at risk for developing the bed sores because of his inability to reposition himself on his own. The man had many mobility problems. Not only could he not properly move while in bed, but he also required staff assistance with basic tasks like feeding himself. Of course, as is often the case, these unique challenges were exactly the reason why he entered the facility in the first place—to receive the close day-to-day care he needed. Unfortunately, he did not receive the care to which he was entitled.

Over the course of the few months that the man was at Glenwood, he was malnourished and began to lose weight. In addition, the man was not properly repositioned. The lack of repositioning and improper nutrition are two of the most common causes of pressure sore development. Only a month and a half after his arrival at the home, the man had developed a pressure sore on his coccyx. A few days later similar sores had developed on his elbow, ankle, forearm, and leg. A month and a half after that he had to be transported to a hospital because he was suffering from high fever, low pulse, and respirations. After a few more weeks of complications he passed away from his injuries.

A subsequent investigation into the situation by the Illinois Department of Public Health found that the facility had been negligent in the man’s care for failing to prevent the pressure sores. The man’s family contacted our Illinois nursing home neglect lawyers, and we pursued a civil action against the facility to ensure that they were held accountable for their conduct. Last year that case was settled for $500,000.

Settlements in these cases are actually signs that the legal system is working as it should. At the end of the day, the filing of a suit is about resolving a dispute and ensuring that injured parties are fairly compensated for their losses. In all cases, including those of nursing home abuse and neglect, the object is to reach those goals in as efficient a manner as possible. Settlements are often the most efficient way, because they allow for accountability and redress between the parties based on their own evaluation of the situation in a less time-consuming fashion.

See Our Related Blog Posts:

Fox River Pavilion Nursing Home Death is Suspicious

Chicago Nursing Home Neglect Lawyers Reach settlement for Bedrail Entrapment Death

In a bit of good news last week, Governor Pat Quinn announced that additional funding is being made available with the goal of cutting down on Illinois nursing home neglect and improving the well-being of seniors throughout the state. As noted in the Aledo Times Record, the Governor explained that $110 million in federal resources will now be made available to increase staffing and improve quality standards at statewide skilled nursing facilities. Considering the many problems reported throughout the state every day, each Illinois nursing home neglect lawyer at our firm appreciates the huge need for these sorts of improvements.

The funding comes per the work of the Governor’s Nursing Home Safety Task Force. The Task Force has been charged with improving the quality of care at all state facilities. The $110 million in funds will comes as part of a federal matching program, allowing the state to implements a range of reforms, hopefully cutting down on cases of Illinois elder abuse and neglect. Federal matching programs work by making available a pool of federal money only when the state is able to raise an additional level of money from its own efforts.

More specifically, the money will be raised by having nursing homes pay a provider tax. The tax is then pooled which together triggers the matching funds be provided. This program has been approved by the U.S. Health and Human Services Department. The money will then be redistributed to nursing homes to pay for increased staffing levels and other quality standard measures. This will hopefully allow the facilities to actually comply with the state’s nursing home reform laws which mandate increased staffing level increases and overall improvements in care.

On the state side the funding mechanism is being led by the state’s Department of Healthcare and Family Services. In addition to the federal matching funds, it was also produce an extra $20 million which should boost staff levels at the Illinois Department of Public Health. If all goes according to plan, those staffing increases should be directed to more frequent and thorough nursing home inspections. As we’ve often explained, many facilities face little chance of surprise inspection, meaning that their care deficiencies often go uncorrected.

In announcing the funding the Governor explained, “This is positive news for people who live in a nursing home or have a loved one in a nursing home. It means that our nursing homes get the funds that they need to continue improving safety and the quality of services that I signed into law as part of our nursing home reforms.”

As always, it will be important for advocates to keep a close eye on how these new funds are actually used. Most facilities, we hope, are dedicated to improving the services they provide and stamping out elder neglect. However, we know that there remain some nursing home conglomerates that always do everything in their power to increase their own pocketbooks. At these homes it is necessary to pay close attention to ensure the funds they receive are used in the best way possible for the benefit of the actual residents.

See Our Related Blog Posts:

Winchester House Pays $1 Million to Levin & Perconti Client

Lake County Pays Levin & Perconti Client $1 Million in Negligence Case