March 6, 2009

Steven Levin to Speak at NAELA Chapter Meeting

On March 13, 2009, Steven Levin of Levin & Perconti will speak at the National Academy of Elder Law Attorneys Illinois Chapter Meeting on Protecting the Rights of Elderly Clients in Personal Injury Matters. The presentation will take place at the law offices of D. Rebecca Mitchell in Chicago. Steve will discuss how elder law attorneys and personal injury lawyers can work together to assure that the rights of elderly clients are protected. This discussion will include how to recognize the need for a personal injury attorney, how to make referrals and work with the personal injury attorney.

For questions regarding this presentation, please click here. Registration is required for this event and space is limited to NAELA members only.

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January 12, 2009

Nursing Home and Hospital Injuries and Errors May not be Covered by Medicare and Medicaid

The Centers for Medicare and Medicaid Services (CMS) may increase the number of events they refuse to reimburse nursing homes and negligent hospitals for carrying out. Currently nursing home residents who develop pressure ulcers and urinary tract infections are not able to have Medicare and Medicaid cover their treatment costs. This is an effort to require adequate nursing home care and to prevent nursing home abuse on elder patients. Currently, CMS is discussing the addition of hospital errors and surgical errors to the list of events that are not redeemable via insurance. If this passes nursing home residents may be impacted since many undergo pressure sore debridement in hospitals relating to the poor elder care they receive in nursing homes. To read more about the possible changes to be implemented by CMS, click here.

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December 24, 2008

Nursing Home Lawsuit Leads to Constitutional Amendment Interpretation

A constitutional amendment has been interpreted in a way to prevent nursing home residents and their families from the ability to check nursing home records for medical mistakes and physician misconduct. The interpretation occurred after a nursing home death occurred when a resident of a nursing home choked to death while eating in the facility. Advocates against elder abuse and the decedent’s family were shocked that a court ruled they were unable to access the nursing home records that revealed the nursing home misconduct. To read more about the limitation on the ability to access records relating to elder abuse misconduct in nursing homes click here.

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July 17, 2008

Illinois Funeral Home Engages in Post Death Elderly Neglect

An Illinois funeral home has come under scrutiny after mistreatment of an elderly individual. In this case the elderly deceased was wrongfully buried. The family of the deceased went to the funeral home but was shown another deceased individual. The family had obtained legal help to get a court order for the funeral home to undo this tragic mistake: exhume the wrongfully buried grandmother. It is unknown if the family will file a negligence suit for the emotional distress, pain and suffering and anxiety the incident caused them. Although negligent care, negligent abuse and neglect are common at nursing homes in Illinois it is rare to see such negligence continue to affect an individual in the afterlife. To read about this devastating mix-up click here.

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July 9, 2008

Safety Tips to Prevent and Recognize Elder Abuse

Elder crimes have risen drastically across the nation. Senior abuse, senior neglect and crimes against the elderly have even caused some states to create a specific division to prosecute such crimes. Many senior victims are actually hurt by those they know. It is important for communities to stay knowledgeable about the signs to look for to determine if elder abuse is occurring, whether an abused senior is in a nursing home or not. To learn more about this growing problem which in recent years has lead to a flood of nursing home lawsuits click here.

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May 1, 2008

Levin & Perconti Founder and Senior Partner John Perconti Interviewed on ABC News about Rosewood Nursing Homes

Levin & Perconti Founder and Senior Partner John Perconti was interviewed Chicago’s ABC affiliate about the dangers of uninsured nursing homes. The report focused on Rosewood Nursing Homes, specifically the Rosewood Inverness nursing home where a resident died after falling while abandoned in a washroom for an extended period of time. According to Perconti, the nursing home has now taken a defensive position. This case highlights the dangers of uninsured nursing homes: when a nursing home is at fault for a resident’s nursing home abuse and neglect, the victim deserves just and reasonable compensation for their injuries. An uninsured nursing home can attempt to escape responsibility. In fact, some Rosewood Nursing Homes are insured by foreign corporations that do not follow US laws and are not subject to jurisdiction in US courts.

See the video here.

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March 12, 2008

Illinois Nursing Home Bill will help compensate victims of nursing home abuse and neglect

Today great progress was made in advancing the rights of Illinois nursing home residents and their families. The good news comes in the form of House Bill #5213, which has the potential to improve nursing home care in Illinois by demanding accountability from Illinois nursing homes and long-term care facilities as a prerequisite to obtaining and retaining a license.

Currently, 20% of Illinois nursing homes don’t carry liability insurance. This means many Illinois nursing home residents who are abused and neglected in nursing homes cannot be compensated for injuries they suffer from a nursing home's wrongdoing. Furthermore, facilities are not even required to notify residents and their families that they are uninsured.

Today, the House Human Services committee passed HB 5213 sponsored by Representative David Miller. HB 5213 provides that no person may establish, operate, maintain, offer, or advertise a long-term care facility unless they provide the Department of Public Health with proof of liability insurance in an amount not less than $1 million. HB 5213 also reinstates a provision that was removed from the statutes in 1995 that provides that a licensee shall pay treble damages (the greater of three times the actual amount of damages or $500) in addition to costs and attorney's fees when the rights of a resident are violated.

Please join advocates for Illinois' elderly in our efforts to protect the rights of Illinois nursing home residents and their families and to hold Illinois nursing homes accountable for their wrongdoing. A copy of the bill's full text can be found here.

Please contact us if you have any questions at 312-332-2872.

March 9, 2008

Illinois nursing home abuse lawsuits going to mediation

Those who file an Illinois nursing home abuse and neglect lawsuit will now be forced to submit the case to a mediator before moving on to trial. This new mediation mandate is part of an amendment to a new Illinois medical malpractice rule that was approved this week by the Illinois Supreme Court.

For the full article.

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February 8, 2008

Kane County IL sets a good example, but elder abuse and neglect laws need to be stronger

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.

Click here for the full article

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December 12, 2007

Baby Boomers to Face a Crisis

It is a central healthcare issue that should be on everyone’s agenda. Who will care for the baby boomers as they get older and who will train those individuals?

This issue has begun to be addressed in Virginia under the head of the Older Dominion Project – a community initiative aimed at helping its aging residents. According to a recent study, the current population of Virginians 65 and older is about 700,000. This number is expect to double in the next 20 years. Is the same nationwide? Please offer insight as a crucial part of our population continues to grow.

Click here for more information:


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October 1, 2007

Levin & Perconti commends New York Times for nursing home article in Letter to the Editor written by Steven Levin

Re: “At Many Homes, More Profit and Less Nursing” (article, Sept. 23, 2007)

To the Editor:

The abysmal conditions at corporate nursing homes are a case study in what happens when profits are put ahead of human beings.

In a world where Americans' civil rights are increasingly being sacrificed at the altar of big business, Congress must act to protect the vulnerable from abuse. In the case of nursing home residents, Congress could take any number of positive steps. It could, for instance, mandate that potential residents be notified if the facility is in the hands of corporate investors who have shielded themselves from liability. Or, nursing homes could be required to buy insurance that covers lawsuits arising from abuse or neglect.

Specifics aside, Congress must act to protect the most vulnerable members of society. There is simply no excuse — including the “Almighty Dollar” — for the status quo.

Steven M. Levin
Levin & Perconti (Chicago, IL)

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September 28, 2007

Alliance for Quality Nursing Home Care surprisingly refuses to condemn long-term facilities who do not provide quality care

A statement was issued by the President of the Alliance for Quality Nursing Home Care (AQNHC) in response to the New York Times Article released on Sunday in which the AQNHC surprisingly refuses to condemn the practice of providing less than quality care while simultaneously using corporate shells to operate long-term care facilities and avoid accountability. The AQNHC, a group committed to improving the quality of long-term care nationwide, takes the unsupported position that care in America’s nursing homes is improving overall, noting that the New York Times focused their analysis on only 10% of our nation’s nursing homes.

The AQNHC does not deny that care is being sacrificed at these private equity owned homes, nor do they condemn this practice. Further, AQNHC is non-responsive to the issue of accountability where the owners of long-term care facilities - those who reap the profits - are not held accountable for bad care.

Is the AQNHC applauding this practice or not responding at all? One would expect an organization that is engaged in improving care in our nation’s nursing homes to condemn a practice by profit seekers who cut resident services and staff, decreasing the overall quality of care provided to residents.

Instead, the AQNHC lauds the profession’s “demonstrated commitment to public data disclosure,” and transparency, asserting that nursing homes make data available for potential residents to assess the quality of the facility. However, AQNHC forgets that long-term care facilities’ receipt of Medicare funds is conditioned upon reporting this data, making such reporting essentially government mandated.

In essence, the AQNHC applauds long-term care facilities who participate in a government mandated regulatory scheme with no regard for the bad care residents suffer when profits are put ahead of people.

Click here for the statement.

September 24, 2007

More Profit and Less Nursing: New York Times exposes nursing homes owned by private investment groups

Profits come before protecting our nation’s most vulnerable citizens. Nursing homes housing our nation’s elderly that are owned by private investment groups often put profits over people in operating their facilities, the New York Times reported on Sunday.

The Times piece revealed that since the year 2000, 1200 nursing homes have been purchased by large investment groups. While investors of these private groups have been making millions from operating these nursing homes, resident care has declined. The model these groups have been following – reduce costs, increase profits and quickly sell. The consequences of implementing this model are decreased levels of staff and decreased budgets for supplies, activities and other resident services. Decreases in care and services provided to residents leads to nursing home abuse and neglect, a prevalant problem in our nation's long-term care facilities.

Click here for the full article

July 16, 2007

Loyola University Chicago Schools of Law and Social work co-sponsor the Institute on Aging and Mental Health Issues

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

June 24, 2007

Patient Safety and Abuse Prevention Act: Criminal background check for long term care workers -- Please help pass this legislation!

The Patient Safety and Abuse Prevention Act was introduced by Senators Pete Domenici and Herb Kohl, chairman of the Senate Special Committee on Aging, and it would require comprehensive criminal background checks on long term care workers who have direct access to residents. The checks would include requiring nursing homes to screen prospective employees – while providing supervised provisional employment for thirty days – by checking criminal records, abuse and neglect agencies in all states, records from agencies such as Medicaid fraud control units and professional licensing boards. Sates would be required to penalize facilities for noncompliance and fine facilities that knowingly employ a worker with a criminal background.
Please help pass this legislation! This bill (S. 1577) is intended to stop workers with criminal records from working with vulnerable people.

Click here to read the bill
Click here to read the National Citizen's Coalition for Nursing Home Reform's letter of support

June 21, 2007

States face decisions on who is mentally fit to vote

States all over the country are grappling with the issue of who is mentally fit to vote. Nursing home residents, especially those with Alzheimer’s, are coming into question, as well as people living with other disabilities. The mentally disabled and their advocates are fighting to secure voting rights while psychiatrists and those that work with the elderly are concerned about the risks of voting by people with conditions like Alzheimer’s and dementia. Many people with dementia vote or want to vote but it is important to ensure that they are not pressured to vote certain ways. A New Jersey nursing home employee won a county election but was forced to step down after it was revealed that she took advantage of mentally incapacitated residents. Similar accusations have been reported in Alabama, South Carolina and other states. This summer, lawyers led by the American Bar Association and a group of psychiatrists will publish recommendations for national standards suggesting that people should only be banned from voting if they cannot indicate a “specific desire to participate in the voting process.”

New Jersey’s constitution currently forbids an “idiot or insane person” from voting and an amendment may appear on the November ballot. Advocates want the words removed, but fear they will be replaced with vague and restrictive language. A current Missouri lawsuit seeks to overturn the current state voting ban for people under full guardianship because of mental illness. A current debate in Rhode Island concerns the voting rights of the criminally insane. Only two states allows jailed felons to vote but advocates argue that the criminally insane are evaluated based on dangerousness and not voting capacity, and that voting can be part of rehabilitation moving them “closer to society.” State laws are inconsistent, but the emerging model is based on the 2001 ruling in Maine which allows people to vote if they understand the voting process and can make the choice. Assessing such qualifications is still controversial.

Click here for the full article

Help pass the Home and Community Based Services Co-payment Equity Act

Nursing home residents receive an exemption from Part D co-payments, and this exemption should be extended to assisted living and board & care patients who receive Medicaid. Medications can eat away most of these residents’ incomes and residents of community-based facilities should have the same rights as nursing home residents. So ask your Senator to support the Home and Community Based Services Co-payment Equity Act (S. 1107).

Click here to read the bill

June 20, 2007

Ask your legislators to cosponsor the Elder Justice Act

The Senate Elder Justice Bill (S. 1070) currently has nine cosponsors and the House bill (H.R. 1783) has 61.

Click here to see whether your legislators have signed up (check bill summary and status).

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June 14, 2007

Reminder: Illinois Institute for Continuing Legal Education seminar featuring Michael F. Bonamarte IV tomorrow!

Reminder: Illinois Institute for Continuing Legal Education (IICLE) Personal Injury Practice Update will be held tomorrow at the UBS Tower in Chicago. An additional seminar will be held on June 29, 2007 at Crowne Plaza in Springfield, Illinois. Michael F. Bonamarte IV of Levin & Perconti will be addressing wrongful death and nursing home negligence. A video encore will be held September 4, 2007 at University Center in Chicago.

For more information.

To register.

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May 15, 2007

One month left to register for Illinois Institute for Continuing Legal Education seminar featuring Michael F. Bonamarte IV

Reminder: there is one month left to register for the Illinois Institute for Continuing Legal Education (IICLE) Personal Injury Practice Update on June 15, 2007 at the UBS Tower in Chicago. An additional seminar will be held on June 29, 2007 at Crowne Plaza in Springfield, Illinois. Michael F. Bonamarte IV of Levin & Perconti will be addressing wrongful death and nursing home negligence. A video encore will be held September 4, 2007 at University Center in Chicago.

For more information.

To register.

Bookmark:      Bookmark One%20month%20left%20to%20register%20for%20Illinois%20Institute%20for%20Continuing%20Legal%20Education%20seminar%20featuring%20Michael%20F.%20Bonamarte%20IV at del.icio.us      Digg One%20month%20left%20to%20register%20for%20Illinois%20Institute%20for%20Continuing%20Legal%20Education%20seminar%20featuring%20Michael%20F.%20Bonamarte%20IV at Digg.com      Bookmark One%20month%20left%20to%20register%20for%20Illinois%20Institute%20for%20Continuing%20Legal%20Education%20seminar%20featuring%20Michael%20F.%20Bonamarte%20IV at Spurl.net      Bookmark One%20month%20left%20to%20register%20for%20Illinois%20Institute%20for%20Continuing%20Legal%20Education%20seminar%20featuring%20Michael%20F.%20Bonamarte%20IV at Simpy.com      Bookmark One%20month%20left%20to%20register%20for%20Illinois%20Institute%20for%20Continuing%20Legal%20Education%20seminar%20featuring%20Michael%20F.%20Bonamarte%20IV at NewsVine      Blink this One%20month%20left%20to%20register%20for%20Illinois%20Institute%20for%20Continuing%20Legal%20Education%20seminar%20featuring%20Michael%20F.%20Bonamarte%20IV at blinklist.com      Bookmark One%20month%20left%20to%20register%20for%20Illinois%20Institute%20for%20Continuing%20Legal%20Education%20seminar%20featuring%20Michael%20F.%20Bonamarte%20IV at Furl.net      Bookmark One%20month%20left%20to%20register%20for%20Illinois%20Institute%20for%20Continuing%20Legal%20Education%20seminar%20featuring%20Michael%20F.%20Bonamarte%20IV at reddit.com      Fark One%20month%20left%20to%20register%20for%20Illinois%20Institute%20for%20Continuing%20Legal%20Education%20seminar%20featuring%20Michael%20F.%20Bonamarte%20IV at Fark.com      Bookmark One%20month%20left%20to%20register%20for%20Illinois%20Institute%20for%20Continuing%20Legal%20Education%20seminar%20featuring%20Michael%20F.%20Bonamarte%20IV at Yahoo! MyWeb

April 3, 2007

Levin & Perconti’s Michael F. Bonamarte IV to speak on nursing home negligence at Illinois Institute for Continuing Legal Education seminar

Illinois Institute for Continuing Legal Education (IICLE) will be hosting a Personal Injury Practice Update on June 15, 2007 at the UBS Tower in Chicago and on June 29, 2007 at Crowne Plaza in Springfield, Illinois. Michael F. Bonamarte IV of Levin & Perconti will be addressing wrongful death and nursing home negligence. A video encore will be held September 4, 2007 at University Center in Chicago.

For more information.

To register.

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January 11, 2007

Reminder: NAELA Chapter Meeting Tomorrow

A reminder from a previous post: The National Academy of Elder Law Attorneys, Inc. is hosting their annual Illinois Chapter meeting tomorrow, Friday, January 12, 2007 at 12:30 p.m. CST. The meeting will occur at LaSalle National Bank, 135 S. LaSalle Street, 18th Floor, Conference Room C.

To participate via telephone, you can call (888) 447-7153 and enter 3983990#. NAELA is a non-profit association that assists lawyers and other organizations specializing in elder law, including nursing home abuse and neglect.

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January 9, 2007

NAELA Chapter Annual Meeting Friday

The National Academy of Elder Law Attorneys, Inc. will be holding their annual Illinois Chapter meeting this Friday, January 12, 2007 at 12:30 p.m. CST.The meeting will occur at LaSalle National Bank, 135 S. LaSalle Street, 18th Floor, Conference Room C. To participate via telephone, you can call (888) 447-7153 and enter 3983990#. The NAELA is a non-profit association that assists lawyers and other organizations specializing in elder law, including nursing home abuse and neglect.

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January 5, 2007

Levin & Perconti makes a donation to the Academy of Elder Law

Levin & Perconti has recently donated to the Academy of Elder Law. The Academy, a not-for-profit association that assists those that work with elder clients and their families, including attorneys, bar organizations and others. Academy is a resource for education, information, networking and assistance to those who deal with the many specialized issues involved with legal services to the elderly and those with special needs, including cases of nursing home abuse and neglect.

Click here to visit the NAELA website

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January 2, 2007

Liability tips: the role of the medical director in nursing home abuse cases

Because Federal and State regulations have grown exponentially, deciphering the bureaucracy of nursing home care in nursing home abuse lawsuits may be difficult. Liability may arise when the residents have any or all of the following occur: falls, fractures, negligence, decubitis ulcers, injuries or death due to smoking, dehydration, elopement from the facility. It’s also important to verify that there was timely notification of the attending physician by the facility of any change in the resident’s medical condition.

For the full article.

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November 12, 2006

ATLA announces Winter Convention in Miami, Florida

Association of Trial Lawyers of America will be hosting its Winter Convention in Miami, Florida from February 10-14. During the convention, Senator Joseph R. Biden, Jr. from Delaware will be a Keynote Speaker. The Convention includes CLE programs on advocacy in medical malpractice lawsuits and holding nursing homes accountable for abuse and neglect.

For more information about the convention.
To register.

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October 4, 2006

California Governor approves bills aimed at curtailing financial elder abuse

Gov. Arnold Schwarzenegger signed four bills that will overhaul the conservatorship system serving thousands of California's elderly residents.

SB 1550 will create a bureau within the state Department of Consumer Affairs to test and license conservators, enforce continuing education requirements and impose sanctions.

AB 1363 mandates creation of uniform standards for conservators, requires courts to annually review conservatorships, orders additional case monitoring by investigators, and tightens requirements on fees, bonding and the appointment of temporary conservators.

SB 1116 increases court oversight over the sale of a conservatee's home.

SB 1716 allows courts to consider informal reports of abuse or neglect, and requires that court investigators, when reviewing a conservatorship, consider the appropriateness of living quarters, the quality of care, and any physical or mental treatment provided.

The bills are certain to positively impact nursing home residents, who are often victims of financial elder abuse.

For the full article.


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August 22, 2006

101 year-old woman’s money is back where it belongs

Earlier this summer, a story was posted about financial elder abuse.

The story of a 101 year-old woman who filed a lawsuit against her 74 year-old friend alleging violation of fiduciary duties. The 101 year-old woman had given her 74 year-old friend some control over her money and affairs, making her a joint holder on her bank accounts and a beneficiary in her will.

She later filed suit after discovering her friend had set up CDs for her own children and continued withdrawing funds long after she knew she no longer had power of attorney.

A Circuit Judge ruled that there was clear and convincing evidence that there were no gifts made. The 101 year-old woman will get all of her money back.

For the full article.

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August 18, 2006

Senate Finance Committee Unanimously Approves Elder Justice Act

Urge Your Members of Congress to Support Passage This Year!

The Senate Finance Committee last week unanimously approved the Elder Justice Act, paving the way for it to be voted on by the full Senate in September and to be taken up in the House of Representatives before the end of the year. The legislation has undergone substantial revisions since it was first introduced in 2002, but it is still one of the strongest nursing home-related bills in years.

Former Sen. John Breaux (D-LA), who was the original sponsor of the bill, was in the Finance Committee audience August 3 when the committee met to mark it up. Sen. Orrin Hatch (R-UT) and Sen. Blanche Lincoln (D-AR) are the current sponsors.

Provisions particularly significant to nursing home residents and advocates are described below.

Continue reading "Senate Finance Committee Unanimously Approves Elder Justice Act" »

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August 15, 2006

Elder law training in St. Charles, IL on clients with diminished capacity

Prairie State Legal Services has arranged for CHARLES P. SABATINO, the director of the ABA Commission on Law and Aging and LORI A. STIEGEL associate staff director of the ABA Commission on Law and Aging to present a day long training on assessing elderly clients with diminished capacity and issues of undue influence. Sabatino is the primary author of Assessment of Older Adults with Diminished Capacity: A Handbook for Lawyers. Ms. Stiegal specializes in issues related to undue influence and elder abuse.
The training is scheduled for Friday September 15th from approximately 9:45 to 4:00. The times will be finalized in the coming weeks. The training will be held at the Advanced Center for Training in St. Charles. If you are interested in additional information about this training and would like us to send you the registration information please reply to gwalsh@pslegal.org with your contact information. In the meantime hold this date in your calendar.

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August 12, 2006

Employee charged with defrauding elderly at Illinois nursing homes

The guardian of a resident at Elgin-Bowes Nursing Home in Elgin, IL has filed a lawsuit against the home and former employees alleging negligence and breach of duty.

The employee, who is currently serving 2 years in a Kane County correctional facility for financial exploitation of the elderly, is named in the suit along with the home and various financial institutions. Allegedly, the employee was “assisting” the nursing home resident with her finances, he wrote numerous checks to himself and forged her name. He is accused of stealing $214,548 over a two-year period from the woman.

The nursing home did not have any safeguards to prevent fraud or financial exploitation, did not tell the woman’s family she was receiving help with her finances, and allowed the employee to help the woman with her finances even though he was charged with theft at his previous job.

For the full article.


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August 11, 2006

Conference: Elder Law Basics and Beyond – August 18-20 in downtown Nashville

This program covers the breadth of elder law. The distinguished faculty for this program includes past NAELA presidents and authors of several national treatises on elder law. Level of instruction is basic and intermediate. A unique aspect of this program is its focus on a case study, in which participants will develop a long-term care plan under the tutelage of experienced elder law attorneys.

For more information or to register click here or call 800-899-6993.

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July 28, 2006

Elder abuse can happen to anyone

The family of 104-year-old wealthy New York socialite and philanthropist, Brooke Astor, are entwined in a bitter battle over who should be her guardian.

Astor’s grandson is accusing his father, as Astor’s guardian, of denying Astor adequate healthcare, amongst other things.

For the full article.

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July 21, 2006

Another kind of elder abuse: Financial elder abuse

Last week, a trial progressed in Florida between a 100 year-old woman and the 74 year-old woman to whom she entrusted her care concerning $500,000 the 100 year-old woman claims her care giver tried to steal.

Hard of hearing and nearly blind, the 100 year-old woman met her 74 year-old friend in church. When the 100 year-old woman fell and needed to be admitted into a nursing home, their friendship soured. The 74 year-old woman, who had power of attorney over the 100 year-old woman, insisted that she remain in a nursing home.

The 74 year-old then transferred part of the $500,000 into her own accounts and the accounts of her children.

For the full article.

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Elder Law Conference in Tennessee – August 18 – 20, 2006

TennBarU, the TBA Elder Law Section and the National Academy of Elder Law Attorneys (NAELA) present Elder Law Basics and Beyond.

August 18 – 20th in downtown Nashville.

To register.


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July 7, 2006

New tool gives care recommendations for persons with Alzheimer’s Disease

A new web tool, called “Care Finder,” has been developed by the Alzheimer’s Association to help people with Alzheimer’s Disease find the right care options for themselves or a loved one. The tool has a special feature that allows individuals to enter personalized information, special needs, abilities and preferences, and receive a customized summary report with care recommendations and specific questions to ask potential care providers. The website also provides information on a variety of issues, including planning ahead, coordinating care, and support and resources. The tool was funded in part through the Administration on Aging’s cooperative agreement with the Alzheimer’s Association National Contact Center. To access the tool, go here.

Source: Alzheimer’s Association press release, June 13, 2006

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July 5, 2006

The First World Elder Abuse Awareness Day

The International Network for the Prevention of Elder Abuse (INPEA) sponsored "The First World Elder Abuse Awareness Day" on June 15, 2006 at UN Headquarters in New York City. Elder abuse agencies throughout the nation celebrated the day by promoting awareness to recognize elder abuse as a public health and human rights issue

The program for the event can be found here.

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June 20, 2006

Medicaid recipients will need to show proof of citizenship staring July 1

Starting July 1, 2006, all Medicaid recipients will have to show their U.S. passports or birth certificates to obtain healthcare through their state Medicaid programs. The move is an attempt to eliminate illegal immigrants who are receiving health care paid for by the government. Many health analysts are afraid this requirement will negatively impact some citizens and render many eligible Medicaid recipients without coverage. In Particular, citizens with serious mental illness may not have kept the best records and may not be able to furnish the requisite documents in time to meet the deadline.

Although exceptions might be made, you should make sure that you or your loved ones have the required documentation so that you can continue your eligibility for Medicaid benefits.

For the full article.


For more information on the documentation required.

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June 13, 2006

Insurance companies, not patients, are the only winners in tort reform

Tort reformers ignore real economic factors and skew the economics in favor of insurance companies to advocate for tort reform. This article provides a description of the lengthy and meticulous screening process by which a case become a legitimate malpractice case. In fact, many cases are screened out of the system before a jury even has a chance to consider the facts. If a case goes to jury, only one-third of plaintiffs prevail.

The economic reality is that even litigation will not adequately restore an individual to their previously healthy condition after a doctor's malpractice. The only solution available is to award monetary damages.

Tort reform allows potential wrongdoers to operate with immunity and without punishment. With tort reform, the quality of care would not increase, but decrease as wrongdoers are not deterred. Those who best stand to benefit from tort reform are the insurance companies and not the patients or even doctors.

For the full article.

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June 12, 2006

Funeral director looted the burial trust funds of families

A funeral director in Augusta, Maine was sentenced to a year in jail after he was convicted of taking funds from funeral trusts set up by families in advance for their family members’ funerals.

For the full article.

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Finding the right facility for your loved one can be difficult, no matter what your financial position

An article from the San Francisco Chronicle details the options consumers have for choosing a proper long term care facility for their loved ones. Even those who do not require public aid are faced with many alternatives and price levels, and are often charged for care they do not receive.

For the full article.

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June 9, 2006

GOP loses battle to abolish estate tax in the senate

Republicans in the senate lost the battle to permanently abolish the federal estate tax in a partisan vote today. Supporters of the repeal needed 60 votes to end debate and schedule the issue for a vote and they only earned 57 votes. The repeal of the tax would apply to large inheritances.

For the full article.

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May 26, 2006

Autopsy to order business expanding to fill gaps left by decrease in autopsies performed at hospitals

Since the 1960s, where over half of patients who died in hospitals were autopsied, autopsies performed in hospitals have decreased to 12-15% of patient deaths in academic medical centers and to about 2% in private hospitals.

The benefits of performing an autopsy are numerous, and include improved care for the living, peace of mind for family members, preventative family medical history information, and less costly litigation of malpractice claims. Thus, private companies such as San Francisco based 1-800-Autopsy are expanding to cover the gap left by hospitals, who in an attempt to save costs avoid performing autopsies where possible.

Another reason for the decrease is that fewer patients are dying in hospitals and more in long term care facilities such as nursing homes, and under hospice care.

For the full article.

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May 25, 2006

Former nursing home defense attorney switched to Plaintiff’s work mid-career

Colorado attorney Jay Reinan made a career out of defending nursing homes. He switched sides mid-career and now represents those patients abused and neglected by the very homes he used to defend.

For the full article.

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Nurse testimonial illustrates absurd extent of negligent care in nursing homes

During a recent deposition investigating negligent care at ManorCare Oak Lawn East, in Illinois, a nurse testified as to the negligent nursing care patients were receiving. The case concerned pressure ulcers and the nurse testified that the dressings on these ulcers were consistently not changed.

In one example, this particular nurse did her own "in house" test where she changed a bandage on an ulcer. She then placed a $5 bill over the bandage and another layer of dressing. When she arrived the next day, after the bandage had allegedly been changed; the $5 bill was still there. This confirmed to the nurse that the bandage had been left unchanged overnight, violating the care orders for the patient.

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January 16, 2006

Nursing Home Inspections Miss Violations

In a new report, Congressional investigators find that inspectors often over look violations in nursing homes. The article suggests that data used by the Bush administration to argue its policies have improved conditions in the nation’s nursing homes may be inaccurate.

The investigators found that conditions such as weight loss, falls, and pressure sores were understated by the nursing homes.

For the full article:
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