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January 9, 2010

Chicago Nursing Home Neglect Lawyers Reach Settlement for Bedrail Entrapment Death

Levin and Perconti has reached a settlement with a south suburban nursing home after a victim died when her neck became entrapped between her bedrail and mattress at the nursing home. Attorneys Steven Levin and Michael Bonamarte represented the family and reached a $570,000 settlement for the adult grandchildren of a 99-year-old resident. The client’s grandmother was admitted to the facility on December 6, 2007, after being hospitalized with seizers. According to the nursing home lawyers, bedrails were placed on her bed upon admittance. On January 27, 2008 a nurse was making her nightly rounds and discovered the client’s grandmother on the floor next to her bed with her head entrapped between the bedrail and mattress. While healthcare professionals tried to revive her, her injuries were too severe and she died hours later. The autopsy confirmed that the client’s grandmother died from compressional asphyxia when her neck became entrapped between the bedrail and mattress. The compression from the entrapment was so severe that in addition to cutting off her oxygen supply, it fractured a bone in her neck. The coroner stated that her death was similar to strangulation or hanging. The nursing home lawyers argued that the nursing home placed her in danger of serious harm by using bedrails. Nursing home lawyer Michael Bonamarte stated that it was a terrifying way to die and noted that this could easily be avoided. Chicago lawyer Steven Levin added that the nursing home failed to consult the decedent’s family members regarding the use of bedrails. After the wrongful death, the Illinois Department of Public Health cited the facility for improper nursing care and resident injury, fining them $10,000.

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Posted In: Client Tell Extras, Illinois Nursing Homes, Bedrails, Incidents, Levin & Perconti in the News, Nursing Home Abuse

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January 11, 2008

New law makes nursing home and hospital patients at risk for falls less likely to be injured

A new law passed recently makes nursing home and hospital patients with a risk of falling safer. The law acknowledges problems with the handling and care of patients. Many lawsuits each year are brought on behalf of patients who are injured because the higher level of care they required when being transported or lifted was not met. Patients that are at risk are those at facilities that, either because of neglectful practices, staffing issues or lack of appropriate equipment, are unable to provide the care needed. The new law requires health care facilities to purchase equipment designed to aid in the lifting and handling of patients, such as mechanical lifts, as well as solving many issues relating to nursing home and hospital staff. The New Jersey law makes it mandatory for health care workers to be properly trained and also require that there are enough staff members on hand to be able to meet the needs of patients requiring lifting or transportation. Also important is the protection workers are given from being penalized by employers for refusing to handle a patient because of a concern for the patient's or their own safety and wellbeing. Many times, patients require multiple staff members in a patient handling procedure and when there are not enough workers available to help, the resulting safety risks are unacceptable. Hopefully other states, including Illinois, will follow suit.

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Posted In: Nursing Home Staff, National Nursing Homes, Bedrails, Legislation, National Nursing Home News, Nursing Home Staff News, Staffing Issues

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April 5, 2007

North Carolina nursing home fined $85,000 for putting residents in immediate jeopardy

A state inspection of a North Carolina nursing home where a woman suffocated found conditions constituted “immediate jeopardy to resident health and safety” and recommended fines of $85,000. The inspection began after a 93 year-old resident died after slipping between a mattress and a bed rail. The report from the N.C. Department of Health and Human Services says that the center was not following certain safety mandates against nursing home abuse and neglect. One in six residents at the center was found to have bed rails that were not ordered as part of their medical care.

For the full article.

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Posted In: National Nursing Homes, Abuse, Bedrails

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April 1, 2007

North Carolina disciplines nursing home for its abuse and neglect in report

A state inspection of a North Carolina nursing home where a woman suffocated found that conditions in the home constituted “immediate jeopardy to resident health and safety.” Officials spent two days investigating the home after a 93 year-old resident died after slipping between a mattress and bedrail. The report recommends fines of $85,000 for the nursing home abuse and neglect at the facility. The report also revealed that the woman had accidents similar to the one that led to her death, but the nursing home did not implement changes.

For the full article.

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Posted In: National Nursing Homes, Abuse, Bedrails

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July 5, 2006

Bedrails: an unknown--but not uncommon cause of death in nursing homes

In March, the FDA issued guidelines to try and aid nursing homes in preventing deaths from bedrails. Nursing homes claim the benefits of bedrails are to help patients pull themselves up and prevent themselves from rolling out of bed. However, often the homes use side bedrails to restrain a wandering patient and trap them in the bed. The danger exists because frail and elderly patients get trapped in between the rail and mattress, resulting in death or serious injury.

Some of the problems that cause these injuries are bedrails that are put together incorrectly or from mismatched parts. Lack of awareness is also to blame. Nursing homes aren’t the only ones plagued by faulty bedrails. As awareness increases and nursing homes eliminate bedrails from their patient rooms, the older and unsafe rails are being used on home-care and hospice patients.

Levin & Perconti is currently representing the family of an 82 year old Kentucky woman who asphyxiated when her body became trapped between the mattress and the bedrail. Due to insufficient training and staffing, nurses were improperly using side rails as a restraint for the woman. In fact, the nurses even went as far as elevating the head and foot of the bed, creating an inverted cave-like area and making the risk of entrapment even higher.

For the full article.

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May 17, 2006

Evergreen Nursing & Rehab Center – Effingham, IL – 5/17/2006

Evergreen Nursing & Rehab Center was fined $25,000 for failure to provide adequate supervision and assistance for a resident who suffocated after getting caught in a bed rail.

The Illinois Department of Health produces quarterly reports on nursing home violators.

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Posted In: Bedrails, Incidents

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March 10, 2006

FDA releases guide on the safety of bedrails

The FDA today released technical guidance to help hospital bed manufacturers, hospitals, nursing homes, and private caregivers assess the safety of bedrails.

The guide can be downloaded here:
Download file

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Posted In: Ombudsmen and Resident Advocates, Nursing Home Staff, Government Reports, Bedrails

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December 1, 2005

Major Illinois nursing home chain Alden fined after nursing aide raped patient

Alden Village Health Facility for Children and Young Adults in Bloomingdale was fined $10,000 by the state and given a six-month conditional license after a 23-year old patient was raped and impregnated by a nurses aid.
This is not the first violation for the often troubled chain that operates 31 other facilities in Illinois. Since 1996, this particular facility has been cited by the U.S. Department of Health and Human Services 154 times and at least once every year.

Previous fines, citations and lawsuits at the facility include:
•November 2003 - suit alleging sexual abuse of an 11-year-old mentally retarded girl.
•2004 - $50,000 fine when a 12-year-old boy died after he was trapped between his mattress and crib.
•November 2005 – 19 deficiencies cited by the Department of Public Health

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Posted In: Alden Nursing Home Abuse and Neglect, Bedrails, Nursing Home Abuse

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The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.