Illinois Nursing Home Abuse Blog

When 84-year-old John DeBias’ health began declining a few years ago, he was forced to abandon his condo in Florida and return to Carpentersville, Illinois, to live with his daughter. However, five months ago, John broke his leg and then suffered a heart attack during surgery and, as he continued to get worse, living with his daughter, Karen, a single working mother, became impossible since she simply did not have the time to devote to her ailing father and in-house health care was not enough. It was then that John was forced to move into a nursing home. Since January, John has lived in multiple Illinois nursing homes. He is finally in one that works for the family, but getting there was difficult. Most of the nursing homes put a good show on for the residents’ families, but care ends up being inadequate and seniors are left to fend for themselves more than they are able. A stint in one nursing home left John with weight loss of 13 pounds in two weeks, urinary tract and yeast infections, a shoulder injury from being pushed and pulled around, dehydration and malnutrition, and pressure sores.

Unfortunately, this is not a unique story for nursing home residents. In 2003, nation-wide state Long Term Care Ombudsmen programs collectively investigated 20,673 complaints against nursing homes and board and care residents. The Nursing Home Transparency and Improvement Act of 2008 is aimed at improving consumer knowledge about the quality of nursing homes. Some ways the Act is achieving that goal is by: (1) posting nursing home ownership details, a standard complaint form, and links to inspection reports on www.medicare.gov; (2) increasing the maximum fines from $10,000 to $100,000 for any nursing home deficiency that results in a death; and (3) independently auditing nursing home chains, allowing closer watching of chains that have failed to comply in the past. In addition, separate from the legislation, there will be a website by the end of the year that evaluates nursing homes on a five-star rating system.

Read more here.

A recent article highlights the dangers of residing in and placing family members in uninsured nursing homes. Uninsured nursing homes are extremely dangerous for residents because there is no way that residents can get fair and reasonable compensation for their injuries and families can recoup fair and reasonable compensation for their loved one’s wrongful death in a nursing home abuse and neglect lawsuit. The article highlights three tragic cases where a woman suffered severe pressure sores because nurses did not maintain her cast, another woman suffered when she was left on a bedpan for too long, and one resident died from dehydration in a nursing home. Unfortunately, none of these residents nor their families could fair and reasonable compensation for their injuries. Currently, the Illinois House is considering HB 5213 which would require at least $1 million in insurance coverage for Illinois nursing homes to protect residents who may be victims of nursing home abuse and neglect.

Read more about the dangers of uninsured nursing homes here.

The US Senate has begun consideration of a new act that would raise the bar on nursing home care nationwide and attempt to curb nursing home abuse and neglect. The Nursing Home Transparency and Improvement Act, S. 2641, would shed light on the quality and operation of nursing homes and implement new standards for care. Specifically, the Act would provide public information on the owners/operators of nursing homes, the staff turnover, nurse staffing levels, and penalties the home receives for poor care. Together, this information will help elder advocates and nursing home abuse and neglect lawyers to get a better sense of an individual home’s quality of care.

Additionally, the Act would require independent audits of nursing home chains and increase sanctions on chains with chronic problems of nursing home abuse and neglect. Facilities in violation would face increased civil penalties including fines up to $100,000 when a resident dies from nursing home abuse and neglect. Facilities would also have to pay fines into escrow accounts pending appeals.

Other provisions include a requirement that facilities give 60 days notice when they plan to close and allow for continuation of Medicare and Medicaid payments until residents are successfully relocated and a provision to provide for studies of temporary management and training of nurse aides and supervisors.

Visit NCCNHR to learn more here.

A recent article on a Santa Barbara man provides an excellent example for Illinois families with loved ones in nursing homes. The man’s wife is confined to a nursing home facility because her MS is advanced. Her husband has become her most important advocate and lifeline, maintaining constant contact with the nursing home facility, providing oversight of the staff’s care, and often butting heads with the nursing home’s management to prevent nursing home abuse and neglect.

This story highlights how difficult family roles become when a loved one requires constant care. In this case, the man’s role changed quickly from being his wife’s primary advocate to assisting with her daily care, to taking on the nursing home management to fight for his wife’s rights to be free from nursing home abuse and neglect. Families should remember that they are not alone: Illinois has a nursing home ombudsmen program designed to help advocate for nursing home residents. Nursing home abuse and neglect lawyers can often achieve results that families may not be able to, especially when their loved one has suffered nursing home abuse and neglect.

For the complete story, click here.

Financial exploitation and abuse is the most common form of elder abuse reported and investigated in Illinois. Recently, the caregiver of an 83-year-old man was found forging checks in the man's name. Workers at the Sugar Grove, Illinois bank noticed the irregularities in the checks and notified police. The caregiver is being charged with forgery and financial exploitation of an elderly/disabled person. The elderly aren't always lucky enough to have outsiders discover the source of exploitation. Here are a few ways to protect yourself or a loved one when hiring a caregiver:

-Check the backgrounds and references of future employees
-Allow another person (friend, family, lawyer) to have access to bank accounts to monitor spending
-Tell the bank that a caregiver will be handling some financial transactions and to monitor them
-If employing a caregiver or other worker in the home, secure personal information
-Never give bank account or credit card information over the phone
-Shred or get rid of papers with personal and bank information

Click here for the full article

Kane County, Illinois employs a prosecutor assigned mainly to cases of elder abuse including one of the most prevalent problems, financial abuse and exploitation. Kane County State's Attorney John Barsanti has said that he hopes to improve community outreach as well and that elder abuse should be viewed like child abuse, where the very vulnerable can be taken advantage of. Illinois and US laws, however, seem to do much more to protect and advocate for children than for elders. Many elder abuse attorneys and advocates across the United States argue that elder abuse and nursing home abuse and neglect laws need to be stronger.

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The police department of Quincy, Illinois has a well-established Senior and Family Resource Center that has recently appointed a new elder services officer, Detective Tom Liesen. Elder abuse and neglect, home repair fraud, and financial exploitation of elders are some of the areas that Detective Liesen investigates. He has been trained in elder services and regularly attends elder rights conferences. Liesen also visits nursing homes to speak with residents and staff and has investigated cases of nursing home abuse and neglect. He said, "When you see the pictures of bedsores, it's shocking. It's sad because you realize that one little bit of care could have prevented that." Detective Liesen provides a much needed service to his community and has set an example for other Illinois communities to follow. Protecting the elderly should be a priority in every town and city.

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At the North Shore Senior Center in Northfield, Illinois, Steve Levin spoke to a group of senior citizens on the dangers of Illinois nursing home abuse and neglect. Addressing the Men's Club at the Center, Steve advised the seniors to take care in choosing the right nursing home. Specifically, Steve recommends investigating whether the home is frequently cited by the Illinois Department of Public Health (IDPH), visiting the home to see what is actually going on there, and inquiring of the home whether they have any liability insurance.

Steve also recommended reporting nursing home abuse and neglect to the IDPH and contacting a nursing home lawyer if you suspect a loved one is being abused and neglected.

Knowing which nursing homes are bad can be valuable information for a family seeking long-term care for an elderly loved one but concerned about issues like nursing home abuse and neglect. Recently, the Centers for Medicare and Medicaid Services announced the names of 54 nursing homes that had ranked as one of the worst in their state. Proper administration of medication to patients, appropriate assistance with activities of daily life and concern for the prevention of malnutrition and dehydration are examples of what inspectors look for in nursing homes. Inspectors also look for signs of nursing home abuse and neglect such as failure to maintain resident safety and prevent accidents, such as falls, infections, bed sores and other problems elderly people are susceptible to.

The list published by CMS containing the names of 54 nursing homes is actually a sample of 128 "special focus facilities", or homes that were identified as in need of more oversight. CMS says that the rest of the facilities were not identified because during the six months after being titled a "focus facility" they showed improvement. Democratic legislators, however, are demanding that all of the names be released in order to protect nursing home residents. Most nursing homes have around 6-7 deficiencies identified during inspection, but the ones on the list had twice as many or more. Unfortunately, no national standard has been set for the investigations so each state has its own parameters. An Illinois nursing home can be considered in terrible condition, but would not qualify in another state. A bill was recently introduced in the legislature to make it mandatory for CMS to publish all of the names, but the issue of discrepancies between states' standards is an issue that should be addressed by congress.

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Twenty years ago, Congress passed the Omnibus Budget Reconciliation Act (OBRA) and it is now time to review its successes and failures in order to improve the quality of nursing home care. OBRA regulates inadequate nursing homes by either shutting them down or allowing well-performing nursing home care providers to take over substandard facilities. However, the system in place requires that those who take over failing homes must be responsible for the liabilities that the previous management had incurred, including fines, penalties and deadlines to correct certain problems, including issues regarding nursing home abuse and neglect. Because the new management must take on these liabilities there are less resources to dedicate to improvement of the quality of care. The American Association of Homes and Services for the Aging (AAHSA) has strongly urged congress to pass legislation regarding "the counterproductive nurse aide training lock-out, the need for joint training of nursing home and surveyor staff, allowing states to demonstrate alternative quality assurance systems, facilitating new ownership for chronic problem homes, and using civil money funds to improve nursing home quality."

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Chicago nursing home attorneys Steven M. Levin and Michael F. Bonamarte will be featured speakers at the Andrews Nursing Home Litigation Conference this February in Sanibel Island, Florida.

Steven M. Levin, Founding Partner at Chicago-based Levin & Perconti is the Co-Chair and moderator of the conference. Michael F. Bonamarte, an Associate at Levin & Perconti will address the conference on the issue of Unavoidability.

The conference will begin Thursday February 28th and end Friday February 29th. This interactive conference is designed for both plaintiff and defense lawyers who litigate nursing home abuse and neglect cases.

There are three easy ways to register for the conference: 1) Call 1-800-328-9352; 2) Fax 651-687-4111; or 3) Go to west.thomson.com and enter OFFER NUMBER 563293 (Click here for this option).

Click here for the conference brochure, listing the featured speakers and topics, hotel accomodations information and more!

The abuse of the elderly by nursing home staff rose to new heights as a licensed practical nurse in New Jersey repeatedly abused and stole from nursing home residents over a period of four years. 28-year old Devin Bonsall worked in eight different nursing homes in New Jersey from 2003 to 2007. She was finally caught after an investigation by the New Jersey Office of the Ombudsman for the Institutionalized Elderly. A nurse investigator was able to pick out a pattern regarding several complaints from family members, social workers, anonymous callers, and the facilities themselves. In all the complaints, the nursing home staff would pinch and slap the victims. From these intial reports, the Office of the Ombudsman was able to connect Devin Bonsall to the more serious offenses.

This is not the first time Devin Bonsall has run in with the law. In November 2003, she was charged with two counts of elder neglect, two counts of theft of a controlled dangerous substance, and two counts of possession of a controlled dangerous substance. Despite these serious charges in her previous history, it is currently unclear how she was able to find jobs at the various other facilities where she continued to abuse and neglect the elderly.

Click here for the full article.

"Who Moved My Dentures? Musings on Aging" is a new blog that has proven to be relevant, informative and straightforward. Author Anthony Cirillo, author of a book with the same title, is an elder advocate who works to assure the dignity and respect of seniors. Postings cover many topics including nursing home and long-term care information.

Click here to read the blog

The governor of Illinois recently signed legislation that will require nursing homes to be equipped with air conditioning and heating in order to protect nursing home residents from extreme heat and cold. All bedrooms and common areas must be air conditioned and heated. The Illinois Department of Public Health is to monitor the plans for air conditioning and heating systems in nursing homes. The governor stated, "Illinois weather can be extreme. It's hard to imagine that senior citizens in nursing homes may not have something as fundamental as heat or air conditioning." It is hard to imagine that this law is even necessary in the first place. Lack of heating and air conditioning in such extreme weather can pose serious health risks and can be an example of nursing home abuse and neglect. Unfortunately, the rights of seniors are constantly overlooked. This law is an encouraging step in the right direction.

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In Ohio, sheriffs are required to notify neighbors when sexual predators live near by and enforce laws prohibiting sex offenders from living within 1,000 feet of a school. Nursing home residents are not exempt from these laws, but because the intent of the laws is to protect children and because elder abuse is an overlooked crisis in America, nursing home residents are forced, unknowingly, to live in homes shared with sex offenders and other criminals. With nursing home abuse and neglect being an important problem we face today, it is important to make sure loved ones are safe, protected and cared for- not at danger of sexual assault and misconduct. The Ohio state legislature is debating a bill that would require nursing homes to disclose the presence of sexual offenders to new or prospective patients. In one instance, a family placed an 18-year-old mentally retarded woman in a long term care facility but was unaware of the presence of sexual predators. Eventually, the home's failure to supervise residents convicted of sexual offenses allowed the woman to be raped by a sexual predator previously convicted of raping three women. It is going to be important, in the face of a growing elder population, to raise awareness of the many hazards of nursing home care.

Contacting elder advocates like ombudsmen and elder law attorneys can help send nursing homes the message that we are paying attention. They can not get away with underfunding homes, allowing for abuse and neglect, while the owners are pocketing excess cash. Contacting state agencies, advocates and elder law attorneys is the first step toward deterring nursing homes from continuing in their careless practices.

Continue reading "Sex offenders live unidentified in nursing homes" »

The Illinois Department on Aging recently awarded Judy Ellet of the Shawnee Alliance for Seniors and Kate Donovan of Rockford 2007 Outstanding Long Term Care Ombudsmen Awards. Long Term Ombudsmen have an important role in Illinois elder rights as they work to protect, defend and advocate for the rights of nursing home and long term care residents and their families. They help with resolving complaints of abuse and neglect, providing information to families and residents and advocate for good individualized care among other important services.

Elder abuse often goes unnoticed, but research indicates that about 4 to 5 percent of people aged 60 years and older are subjected to some form of mistreatment. In Illinois, over 50 percent of elder abuse reports allege financial exploitation; 25 percent allege physical abuse; 45 percent allege active or passive neglect; and 45 percent allege emotional abuse. However, only about one in 13 cases are reported to Illinois's Elder Abuse and Neglect Program.

Continue reading "Illinois Department on Aging awards 2007 Outstanding Long Term Care Ombudsmen" »

The Elder Law Initiative and School of Social work present the Third Annual Summer Institute on Aging. The Summer Institute on Aging is a four-day, interdisciplinary course co-sponsored by the Loyola University Chicago School of Law and School of Social Work open to social workers, nurses, physicians, counselors, geriatric care managers, and attorneys. This highly interactive course will explore the psychosocial, ethical, policy, and legal issues related to aging and mental health, taking into account racial, gender, ethnic, and income differences among the elderly. The course will feature faculty and guest speakers from a variety of disciplines. Through simulations and group work, the course provides an excellent opportunity for true interdisciplinary collaboration. Continuing education credit available.

Click here for more information or contact Marcia Spira at 312.915.7580