May 24, 2013

Protecting Residents From Dangerous Nursing Home Employees

by Levin & Perconti

When families move a loved one into a long-term care facility, they are entrusting the home to provide proper support for their loved one. While these transfers happen every day, they are not easy. Many emotions are tied up in the transfer, and most families would prefer to care for a loved one at home--if they could. Trusting a facility to ensure your family member--husband, wife, mother, father, grandmother--is not neglected is a big step that no family undertakes lightly. That is why reading nursing home ratings, visiting the home, speaking with current residents, and other basic steps are incredibly helpful to ensure you are making the best choice.

Yet, no matter how much due diligence is performed, there comes a point when you simply must trust the facility to do the right thing. More specifically, you must trust the individual employees who work at the home. There are few settings where one individual maintains more power over another as that involving vulnerable seniors in nursing homes and their caregivers. That is why it is incumbent upon owners and operators of these facilities to ensure they recruit only qualified nurses, aides, guards, and others so that residents are not placed at risk.

Far too often, they fail in that duty.

Nursing Home Sexual Assault
For example, just reported on th arrest last summer of one former nursing home security guard who is accused of sexually assaulting a disabled resident at the facility where he worked. The residents was a 60-year old woman who suffered several strokes which left her in a wheelchair. In addition, she suffers from epilepsy, dementia, and osteoporosis. Of course, with those medical issues, the senior is completely reliant on her caregivers for even basic day to day aid.

According to the report, the thirty year old guard admitted to the assault. He apparently gave the disabled resident money and cigarettes in exchange for the resident performing oral sex on him. It is exactly the sort of abuse of a power relationship that happens far more than most suspect at these facilities. Obviously in all circumstances it is inexcusable.

The actual assault occurred last year, and his guilty plea came last November. He accepted a second-degree sexual assault conviction, meaning that he must serve at least three years in prison.

As in most of these criminal nursing home cases, the facility itself is also under fire for its conduct which led to the attacks. A civil nursing home abuse lawsuit has also been filed. According to the arguments in that suit, the victimized resident actually told staff members about the assault, asking for help ending the abusive relationship. Yet, apparently even though they were aware of the situation and the resident’s vulnerability--nothing was done. This allowed the guard to attack the resident on multiple occasions.

Fighting Back
The individual caregiver who committed these crimes must obviously face criminal sanctions. But the facility itself must not be let off the hook. Those who operate the home have an obligation to ensure their employees act appropriately at all times. When they fail in that duty, the civil law demands they be held accountable. The hope is that by being forced to compensate the victim for the harm, the facility will change their practices to prevent anything similar from happening again.

See Other Blog Posts:

State Supreme Court Mandates Arbitration in Nursing Home Death Case

Accountability for Failed Response to Nursing Home Abuse

January 27, 2013

Levin & Perconti Settle Illinois Nursing Home Fall Case

by Levin & Perconti

Two members of our team recently reached a settlement on behalf of a family following a preventable nursing home fall in Chicago that led to the untimely passing of a resident. The facts of this case are very similar to those that strike across the city far too often. We hope that more families understand that things like falls in nursing homes are often signs of neglect or caregiving errors that should have been avoided. These facilities must make changes to prevent falls and learn from past mistakes.

Chicago Nursing Home Fall
This particular incident occurred several years ago, in late October of 2007. An 89-year old woman was first admitted into a local nursing home in the summer of that year. Like all residents she has specific vulnerabilities which required around-the-clock care that she could not receive anywhere else. In particular, this resident was known from the first day of admission to be a fall risk. When a resident has serious mobility problems, it is essential that properly tailored care plans be put in place and followed to ensure the resident’s safety. That usually means, as was true here, that the resident receive assistance with any activity that required movement, like leaving the bed, using the restroom, going to the dining hall, and similar events.

Sadly, many residents who need this close help to prevent falls do not receive it all of the time. That is what happened in this case, as the elderly woman sometimes did not have aid when moving. Most significantly, in late October of 2007 the 89-year old resident was left standing alone in the restroom by a certified nursing assistant who worked at the facility. This was a recipe for disaster.

The resident eventually fell, and she broke her left femur in the incident. She was transferred to a local hospital, and a few days later was ordered to have surgery to repair the damage. Surgery always poses some risks, but the possible harm is significantly higher for individuals with vulnerabilities, including this 89-year old nursing home resident. Complications ultimately developed following the surgery, including sepsis, pneumonia, and breathing trouble.

The senior was transferred to hospice care a few days later. She died as a result of complications from the incident about a week after the original fall.

Illinois Nursing Home Fall Lawsuit
The senior’s family members were understandably outraged by the chain of events that led to the senior’s passing. Families should be able to trust that caregivers at a nursing home will prevent serious falls. When they don’t they need to be held legally accountable.

In this case a nursing home neglect lawsuit was eventually filed on their behalf. As the involved parties were interviewed for the legal matter, it was soon apparent that basic standards of care were violated which led to the tragedy. In fact, the Illinois Department of Public Health cited the facility for those violations following its own investigation into the matter.

Fortunately, an agreement was reached with the defendant-facility without the need to go to trial. The family will receive $750,000 from the home for their failure to provide proper care which led to the senior’s injuries and death.

See Other Blog Posts:

Flu Risk for Seniors in Nursing Homes

Demanding Fairness for Insurance Companies

October 28, 2012

Reminder: Bed Rail Dangers are Real

by Levin & Perconti

Most community members appreciate that certain products can be dangerous. We have all heard stories of major recalls involving many different things, from cars and trucks to children's toys and cleaning products. However, even though we know products can be defective or dangerous, we still use them, because it is simply impossible to know for certain whether any indiviual product is defective. We have to rely on the standards of those making the items and the regulators tasked with ensuring overly dangerous materials are kept out of the stream of commerce.

Sadly, the product liability attorneys at our firm know that even with safety standards in place, dangerous products still make it to the market and affect communty members nearly every day. A large part of the work of legal professionals in this field invovles helping those hurt by those products that slip through the cracks, and working to ensure systematically harmful products are no longer available to hurt unsuspecting residents.

The Dangers of Bed Rails in Nursing Homes
For example, the latest newsletter from Biomedical Safety & Standards delved into one product that elder care advocates have continually pointed to being extremely dangerous: bed rails. On one hand, it is easy to understand how these products continue to be used--they are supposed to be a safety item themselves. But therein lies the problem. Not only do bed rails do little to keep residents safe from falling off a bed, they actually pose very serious risks of entrpament and aspyhixiation. It is absolutely critical that all those working with vulnerable indiviuals in nursing homes and hospitals be aware of these risks and act prudently to prevent serious harm.

For example, according to the newsletter, in 2011 the consumer rights advocacy group Public Citizen and the Consumer Voice made calls to the Federal Trade Commission to require marketing changes and even product recalls on certain bed rails. Those who care about the well-being of seniors in nursing homes long ago discovered after examining the issue that far from making residents safer, this rails often lead to strangulation and other horrors. We must act prudently to educate families about these dangers and minimize the risk.

The most potent danger presented by bed rails is likely entrapment, when an individual rolls and is caught between the rail and the matress and bedding. Of course many seniors in nursing homes and medical patients in hosptial have severe mobility problems. While someone at their full strength would be able to get out of the sitaution, entrapment in a bed rail to a vulnerable patient can literally be life-threatening. According to the newsletter, the U.S. Food and Drug Administration has well over 525 reports of bed rail death. The Consumer Product Safety Commission has identified at least 125 fatal incidents. And these represents only the tregedies reported to these government agencies, many more have likely occurred without report.

The elder care lawyers at our firm remind all local families and caregivers of the dangers of these bed rails. Please be wary of the harm that they cause and the risks they pose to vulnerable individuals using them. If someone you know is ever harmed in a bed rail incident, be sure to contact our office to see how we can help.

See Our Related Blog Posts:
The Reality of Nursing Home Falls

Consumer Voice on Dangers of Bed Rails

July 9, 2011

Nursing Home Attorneys File Suit Against Understaffed Facilities

by Levin & Perconti

All across the country, nursing homes are being run with less than the optimum number of staff. They are being understaffed in a hope to cut costs and increase profits. When nursing homes fail to properly staff their facilities, the chance of accidents and mistakes greatly increases. State and Federal laws set a minimum standard that nursing homes must comply with. The problems arise when facilities choose to ignore these government regulations.

People choose to go to nursing homes not because they want to, but because they are at a point in their lives where they need more care and attention than can otherwise be provdided to them. Many nursing home residents have been finding out that the nursing homes promise to provide them the care and treatment they need is often a fabrication. The nursing homes that choose to understaff their facilities have been rewarded with large profits by failing to provide the required number of nursing hours and as a result, patients of these homes have not received adequate care.

Some problems that can occur when a facility is understaffed are falls, pressure sores, dehydration and malnutrition, all of which stem from an overall lack of quality care and attention. It is easy to blame the staff of the nursing home when problems arise, but in reality the staff is often doing the best it can with the resources it is provided. If there are not enough staff members to provide supervision for the residents who are at risk for falls then it is likely a resident will fall, and it is no stretch of the imagination to assume that if there are not enough staff members to turn and reposition residents who are at risk for the development of pressure sores, that a resident will eventually develop pressure sores.

It is not the nurse’s fault that these injuries are occurring; a nurse can only care for so many residents at once. The facilities are setting their staff up for failure. Without adequate staffing, it is impossible for any resident to truly get the care and treatment they need. Owners of the nursing homes need to stop choosing profits over people and people need to start demanding better nursing home care.

The nursing home attorneys at Levin and Perconti have been fighting against facilities that understaff their Illinois nursing homes. Many residents of nursing homes have come to Levin and Perconti after suffering an injury, only to find out that one of the main reasons that the injury occurred was because the facility they were at was understaffed. Hopefully, the civil liability that these homes are opening themselves up to by understaffing will be enough of a deterrent to stop them from doing so in the future.

December 24, 2010

Two Woman Charged With Elderly Neglect of Stroke Victim

by Levin & Perconti

Nursing home abuse is a widespread problem here in Chicago and across the country. Far too often, vulnerable elderly residents are admitted to these facilities and then suffer through poor treatment. The neglect comes in a variety of forms, from failing to protect certain residents from the unwanted sexual advances of others to the failure to use proper safety measures to prevent deadly falls.

Awareness of the widespread issues related to care at nursing homes causes many families to attempt alternative methods of caring for elderly loved ones who are unable to live without certain extra support. One common technique is employing an at-home caregiver. In that way, the loved one is allowed to stay at his or her own home and live with the assistance of a specially hired aide. However, examples abound of caregivers who also commit egregious acts of abuse and negligence.

For example, SC Now News reported this week on two supposed caregivers who were arrested after their failure to provide the close care required to a vulnerable patient. The 24-year old aides were the caregivers for a non-responsive stroke patient. The elderly patient also had diabetes and a feeding tube. She required constant monitoring and supervision, which was a main reason that both woman were hired to provide the care necessary to keep her health stable.

The woman failed in their duties. Police discovered that they purposefully left the victim alone without supervision for long stretches. Their conduct lead to their arrests for knowing and willful neglect of a vulnerable elderly adult.

Continue reading "Two Woman Charged With Elderly Neglect of Stroke Victim" »

July 26, 2010

Nursing Home Lawsuit Filed After Resident Death

by Levin & Perconti

A 2007 death at a nursing home in Rochester, Minnesota has led to a nursing home lawsuit. The suit alleges medical malpractice and wrongful death against the facility whose negligent care led to the death.

The Rochester Post-Bulletin is reporting on the lawsuit, which involved two residents with dementia at the Sunrise Assisted Living Facility. In August 2007, the victim, Donald R. Salli, was found on the floor of the facility with another resident kicking him repeatedly in the back. Mr. Salli also pointed to a large hematoma on his own head, indicating beating in the head and neck area as well.

However, even after this beating, Mr. Salli was not examined by a licensed nurse until seven hours later. Perhaps nervous that they would be reprimanded for allowing the attack to occur, staff members did not seek any emergency care for the injured resident.

The following night, Mr. Salli awoke in severe pain and was finally sent to the emergency room where it was discovered that he had a fractured skull with severe bleeding around his brain along with several fractured ribs. After a week in intensive care, Mr. Salli was released to hospice care and died in early October 2008.

The lawsuit filed on behalf of Mr. Salli challenged the negligent oversight provided by staff members that allowed the brutal beating to occur and the severely inadequate medical care given to Mr. Salli following his attack. As in this case, one negligent act by nursing home staff members is often compounded into others which have deadly consequences for the residents who depend on their care.

Our Chicago nursing home lawyers at Levin & Perconti are skilled at rooting out fatal nursing home abuses like that which plagued Mr. Salli. Too often residents are left alone for too long, leading to harmful interactions that could have been prevented. In addition, inadequate nursing home staffing levels and inexperienced care workers can fail to seek proper emergency care for their residents, allowing injuries to develop beyond the point of repair. If you suspect any similar treatment at a nursing home, please contact a nursing home attorney to learn more about what can be done to prevent any further harm.

June 22, 2010

Systematic Negligence Sparks Elder Abuse Lawsuit at Nursing Home

by Levin & Perconti

The Globe Gazette recently reported on a new lawsuit alleging nursing home negligence by the Good Samaritan Society of Albert Lea. The suit charges nursing home staff with failure to properly supervise four teenage certified nursing assistants alleged to have committed a wide-range of abuses on their elderly residents.

The abuse was carried out unabated over the course of four to six months. It included sexual groping of the residents and repeated physical beatings. The teenage assistants also went so far as to explain to one particular resident that the facility was actually a prison in an attempt to confuse and torment the mentally impaired elderly victim.

This is the fourth lawsuit stemming from the elder abuse at this facility. Police reports indicate that 15 residents with Alzheimer’s disease were abused by the four nursing home staff members. In each case the victims have charged the nursing home with failure to screen employees and failure to supervise their actions to prevent abuse and neglect.

The physical dependence of residents at these facilities makes them especially vulnerable to both physical and sexual assault. The patients in these cases had severe cognitive impairments, making it difficult for them to explain the extent of the abuse. It is for that reason that administrators at these facilities must be especially diligent in screening all potential employees. Once hired, administrators must ensure that employees are properly trained to provide adequate care for elderly residents and closely monitored to ensure that no abuse or neglect occurs. Their failure to do so can have devastating effects, as seen in these cases in Albert Lea.

Our Chicago nursing home attorneys at Levin & Perconti know the price of nursing home abuse and neglect all too well. We have filed suit and won numerous multi-million dollar verdicts and settlements for Illinois elder abuse victims and their families at the hands of unsupervised, untrained, and unmonitored nursing home staff. Be sure to contact a nursing home lawyer if you suspect a loved one is a victim of this type of negligence.

June 21, 2010

Nursing Home Negligence Leads to Poisonous Death

by Levin & Perconti

The Orlando Sentinel reports of a tragic incident at the Homewood Residence that underscores the danger of inadequate care provided to elderly residents at many medical facilities. In this case, a 93-year old resident suffering from dementia died at the assisted living facility from severe esophagus burns after ingesting poisonous sodium hydroxide solution from a nearby dishwasher. Staff at the facility failed to secure the kitchen area or provide proper oversight of the resident leading to the deadly outcome.

This is an unfortunate example of the cost of wandering, a common problem with nursing home negligence. Wandering occurs when a resident is permitted to move throughout a facility without supervision, resulting in safety risks whose danger the resident is unable to appreciate.

Even more distressing is that the Homewood Residence had been fined by the state only a year and a half earlier for having inadequate staffing that lead to ten resident becoming sick with norovirus. The Center for Disease Control notes that norovirus is one of the leading causes of gastrointestinal illness and results in diarrhea, abdominal pain, and vomiting. It is highly contagious and especially dangerous in crowded environments, like nursing homes.

The Homewood Residence’s failure to learn from its past elder abuse is an all too common trend among facilities that care for the elderly. Our Chicago nursing home attorneys at Levin & Perconti have experienced these repeated abuses first-hand. Time and again we have fought legal battles against Illinois facilities that continually provide negligent care to their residents.

It is for that reason that it is especially important for nursing home staff members to keep a close eye on all residents of these facilities to ensure that any injuries they suffer are not the result of inadequate staffing, inexperienced care, and other dangerous abuses. In Illinois, the Illinois Nursing Home Care Act requires these facilities to provide a very high level of care to those vulnerable residents who depend on them. Be sure to contact a nursing home lawyer if you have any suspicion that your loved one has not received the service to which he or she is entitled.

April 4, 2010

Nursing Home Lawsuit Filed over Sexual Assault

by Levin & Perconti

The Chicago Tribune is reporting that the family of a disabled woman has filed a nursing home negligence lawsuit against the Fox River Pavilion nursing home in Aurora, Illinois. The lawsuit also includes a nursing home resident who is alleged to have sexually assaulted the disabled victim. The nursing home lawsuit alleges that the 39 year old aggressor sexually assaulted and beat the victim in his room at the Aurora nursing home. This patient had been arrested multiple times and is suffering from bipolar disorder. The nursing home lawsuit claims that the staff should have more closely monitored this aggressor and failed to treat his anti-social behavior. It describes the victim as “bruised, battered and bloodied.” The man is now being held in jail on eight counts of aggravated criminal sexual assault and battery. The Fox River Pavilion has been threatened by state and federal officials that their funding may be terminated.

This is a grave example of the violence that keeps occurring in Illinois nursing homes when older residents are mixed with those younger residents suffering from mental illness. Many times the nursing home staff does not have the proper training or resources to specifically care for the growing needs of the mentally ill population. Currently, the Illinois nursing home task force is working to create a better system for those people living in nursing homes with severe mental illness. If your loved one is experiencing difficulties at a mixed nursing home please consult a Chicago nursing home lawyer. To read more about this specific case, please click the link.

February 24, 2010

Man Files Nursing Home Abuse and Neglect Lawsuit Against Glenbridge Nursing and Rehabilitation Centre in Suburban Chicago, Illinois

by Levin & Perconti

An Illinois man recently filed a nursing home negligence lawsuit against Glenbridge Nursing and Rehabilitation Centre in Niles, IL. According to an article in the Niles Herald –Spectator, the nursing home failed to treat the resident’s injured hand after he fell at the home. As a result of his injury, his right ring finger became gangrenous and required surgery to amputate his finger one month after his fall.

The resident fell on December 7, 2008, despite being at high risk for falls according to nursing home assessments. He injured his hand during the fall, but the nursing home staff failed to record his injury in their notes. Twelve days later, a nurse observed that his finger was swollen and required monitoring, but the nursing home again failed to record any notes on his injury. It was not until January 4, 2009 that staff discovered his finger was necrotic, and several days later his finger was amputated.

According to the complaint, the nursing home failed to supervise the resident and failed to discover or treat his injured finger in a timely manner. The Chicago nursing home neglect attorneys at Levin & Perconti have handled a number of cases in which nursing homes failed to properly supervise residents. When nursing homes fail to adequately supervise residents, falls, elopement or nursing home abuse may occur and may lead to injury or death. Nursing homes are responsible for monitoring residents to protect them from harms such as these. Nursing home staff members are also responsible for evaluating and treating health problems in a timely manner. If Glenbridge staff had addressed the resident’s injury initially, they may have prevented it from progressing to the point of amputation.

January 2, 2010

Illinois Nursing Home Fined

by Levin & Perconti

A Jacksonville, Illinois nursing home has agreed to pay a $6,500 fine over accusations of elderly abuse and negligence. Golden Moments Senior Care Center at 1021 N. Church Street and the Illinois Department of Public Health has agreed the nursing home will pay the fine. Additionally, a certified nursing aide was fired after claims that she committed nursing home abuse. The nursing home was fined because public health officials believed that the state failed to keep six residents form being mentally, verbally or physically abused. The report shows that one person was being threatened to have their throat cut, another was denied food and a resident was being taunted by one employee while the actions were videotaped. As of November 23 of 2009, Golden Moments has been fined more than $40,000 for substandard compliance with federal regulations. The October inspection revealed that the nursing home neglected to follow its policies and procedures for residents requiring partial assistance with feeding and failing to have a policy and procedure for assisting residents who eat too fast and are at risk for choking. One 74-year-old resident wrongfully died after choking on his food at the nursing home. The nursing home did have orders that they were supposed to watch the victim so that he did not put too much food in his mouth. To learn more about violations at the Golden Moments Senior Care Center, please click the link.

December 16, 2009

Illinois Nursing Home Accountability Lacking

by Levin & Perconti

One of the problems with the Illinois government is that taxpayers don’t see a good investment for their dollar. Last week it was revealed that Illinois nursing home administrators are rarely disciplined when nursing home negligence occurs. Between 2005 and 2009, the Illinois Department of Financial and Professional Regulation received 407 complaints from the state’s health department about nursing homes across the state. However, only three of those cases resulted in discipline for nursing home administrators. The numbers were put together by a task force that formed after it was revealed nursing homes had a series of assaults, rapes and murders in Illinois nursing homes. Currently, nursing home residents advocates are closely watching a case in an Elgin nursing home where a 21-year-old mentally ill resident sexually assaulted a 69-year-old woman. The state is alleging that a more thorough background check would have revealed that the young resident had an outstanding warrant on felony battery charges. By checking into the resident’s past the nursing home administrator would have avoided the elderly sexual abuse. Nursing home administrators should be liable for background checks on new residents. Illinois has an obvious broken nursing home administration system. To read more about the nursing home falter, please click the link.

November 18, 2009

Chateau Nursing and Rehabilitation Center, Willowbrook, IL

by Levin & Perconti

On July 24, 2009, the Chateau Nursing Center in Willowbrook received notice of a Type A violation and fine of $20,000. The violation report from the Illinois Department of Public Health notes that the nursing home did not properly supervise a male resident who had previously exhibited inappropriate sexual behavior. Nursing home staff later discovered that he had sexually abused a female resident by having non-consensual sex with her.

October 23, 2009

Family Holds Nursing Home Accountable for Choking of Their Elderly Relative

by Levin & Perconti

The family of a 77 year-old woman who was choked and beaten by a complete stranger is not just placing the blame on the 25-year-old attacker. They also believe that the nursing home in which this attack occurred should be held accountable. The family is stating that there was nursing home negligence when the nursing home did not come to rescue her after she was choked and beaten. The family spoke to Kens 5 about their nursing home lawsuit. The incident occurred at 4 in the morning and the family cannot fathom how an intruder was able to enter the nursing home. The attacker is charged with the first degree felony of injury to an elderly person. Police reported that the attacker was able to walk through an ajar door and was not even discovered until police mandated that the rooms be checked for elderly abuse victims. To read more about the nursing home abuse, please click the link.

September 16, 2009

Sexual Assault Victim Files Suit against East Moline Nursing Home

by Levin & Perconti

The guardian for an 82-year-old woman who was sexually assaulted when she was a resident at Parkview Terrace in East Moline, IL has filed a nursing home lawsuit. The suit was filed in Rock Island County Circuit Court and named the nursing home and its former employee. The nursing home abuse lawsuit stems from a February 1 incident in which the woman was sexually assaulted by the employee, whose job at the nursing home is still unknown. East Moline police were called to the nursing home to investigate. The employee was arrested and later pled guilty to a felony count of criminal sexual assault. He was sentenced to four years in prison. The nursing home lawsuit accuses the man of committing the sexual assault and the nursing home of being negligent on several counts. According to the lawsuit, the nursing home failed to do a background check on the employee, hired him without checking his references and hired him without thoroughly interviewing him and testing his personality. Parkview Terrace is also accused of negligent supervision for failing to monitor the employee, negligent security for failing to train employees to recognize risks, not having a larger staff and failing to have security cameras and personnel. Currently, the nursing home neglect lawyers of Levin & Perconti have filed two nursing home negligence lawsuits against Parkview Terrace. To read more about the nursing home lawsuit, please click the link.

August 6, 2009

Illinois Nursing Home Facing Fines for Abuse

by Levin & Perconti

LaSalle County could face federal and state fines of $20,000 or more for violating codes at a nursing home where a male patient is accused of sexually molesting 10 women. The Illinois Department of Public Health recommended that the U.S. Centers for Medicare and Medicaid Services fine LaSalle County $20,000 plus $100 for each day between the times that the complaint was filed until a review showed the nursing home was back in compliance. The Illinois Department of Public Health spokesperson stated the violations resulted from “systemic problems” at the LaSalle County Nursing Home, problems that resulted in the man abusing other patients. The male patient abused dementia patients from December until May. Nurses, employees and patients interviewed by the state health department said that the male resident touched female residents’ breasts, tried to kiss them and used foul language in talking about sex in the nursing home’s common areas. The report stated that due to the administrative staff’s failures to implement policies and procedures for elderly abuse, failure to recognize abuse, and failure to effectively manage facility resources, sexual abuse occurred for 10 residents. The fines levied to LaSalle County were typical for the types of violations found at the home. To read more about the nursing home violations, please click the link.

June 14, 2009

Daughter Files Wrongful Death Lawsuit against Sacred Heart Nursing Home in Chicago

by Levin & Perconti

Chicago personal injury attorneys Michael Bonamarte and John Perconti of Levin & Perconti filed a wrongful death lawsuit against Sacred Heart Home in Chicago. The complaint was filed on behalf of the victim’s mother in the Circuit Court of Cook County for the severe injuries her mother sustained while under Sacred Heart’s care. These injuries lead to her death eight months after her accident at the nursing home. The victim had been diagnosed with bipolar disorder and schizophrenia. On December 21 of 2007 she left her second floor room and exited the hallway through an unalarmed stairwell door at the nursing home. She was found in the first floor stairwell having suffered serious injuries including a broken back, significant head injuries and paralysis. She died approximately eight months later at the age of 61. After her mother’s death, a complaint was filed with the Illinois Department of Public Health who investigated the victim’s case. The IDPH cited the nursing home for Type A violations for failing to appropriately monitor and supervise the victim. Sacred Heart Home had previously been cited for failing to properly supervise residents. The complaint alleges that the nursing home staff failed to develop and implement a proper care plan based on the victim’s medical conditions. Attorney Michael Bonamarte believes that if the proper precautions were put into place, her accident and subsequent death could have been avoided. If you suspect nursing home negligence, find an Illinois nursing home lawyer.

June 5, 2009

Elderly Negligence Lawsuit Filed after Nursing Home Fraud

by Levin & Perconti

The family of a 95-year-old Illinois woman recently filed a nursing home negligence lawsuit, alleging that she fell on multiple occasions as a result of the nursing home negligence at her facility. The woman suffered multiple hip fractures after she was not properly monitored and supervised on at lest three occasions, despite having Alzheimer’s and dementia. This put her at a high risk for falling. The Illinois woman resided at the facility for a little over a month, yet suffered at least three falls that left her with serious and debilitating injuries. The complaint alleges the staff allowed the woman to walk in the hallways unattended in the middle of the night, despite their knowledge of her confusion. This lack of care allowed the woman to fall and suffer a hip fracture. Later, the nursing home staff left her unattended in her wheelchair, and she fell once again. The Illinois woman fractured her other hip when the nursing home staff left her in her wheelchair with the alarm turned off. The nursing home negligence lawsuit has been filed in Madison County Circuit Court in Illinois. To read more about the hip fracture, please click the link.

June 3, 2009

Nursing Home Sued Over 95-year-old Resident’s fall

by Levin & Perconti

The guardian of a disabled 95-year-old woman says the elderly resident fell and fractured both of her hips while under the care of a nursing home. The guardian filed a nursing home negligence lawsuit against the nursing home. When the elderly woman was admitted to the nursing home, employees were aware that she suffered from Alzheimer’s and dementia and was usually disoriented and confused. Despite this knowledge, employees allowed to wander unattended in the hallway during the middle of the night. During one of these walks, she fell and fractured her left hip. She was then left unattended in a wheelchair and without a personal alarm, injuring herself again when she fall. The lawsuit claims that due to the victim’s numerous falls and the nursing home employees’ negligence, the woman suffered pain of the body and mind and medical costs. To read more about the falls, please click the link.

March 26, 2009

Elderly Woman Raped at Nursing Home

by Levin & Perconti

Authorities believe that an 87-year-old woman with dementia may have been sexually assaulted at her nursing home. The woman is currently being treated for pneumonia where she is in serious condition. Nurses found evidence during the examination that she may have been molested at the nursing home. The woman’s daughter believes that pictures show that her mother was sexually assaulted. The woman also asked that a rape kit test will be done on him. Although no previous incidents of sexual assault have been reported, eight complaints have been filed since 2006. Investigators have been unable to interview the elderly sexual assault victim because of her condition. To read more about the sexual abuse, please click the link.