June 14, 2009

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

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.

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June 5, 2009

Elderly Negligence Lawsuit Filed after Nursing Home Fraud

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.

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June 3, 2009

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

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.

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March 26, 2009

Elderly Woman Raped at Nursing Home

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.

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February 22, 2009

Dementia’s Dangers are Often Overlooked

Nursing homes are facing more challenges as they admit residents with dementia who are prone to have combative outburst. In one case a 97 year old man was thrown to the floor by a former wrestler, resulting in his death. While this incident may seem beyond control, some advocates say nursing homes could do a better job of reducing the risks of patient abuse. Some outbursts reflect anxiety, fatigue or the side effect of a drug. Also, but issuing abuse-prevention plans for those with dementia, the nursing home can reduce the prospects of residents committing harm. Dementia care and memory care units should be adequately staffed in order to assist the patients. By targeting dementia patients, nursing homes are able to meet the standards for elderly abuse and neglect. Nursing homes in Chicago, Illinois should be adequately prepared to deal with the problems associated with dementia patients. To read more about problems with dementia patients, click the link.

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February 21, 2009

Court Orders Tour of Nursing Home

A court has ordered the inspection of an Illinois nursing home that allowed a resident to wander out into the cold and die in January. The inspection comes in connection with the wrongful death lawsuit that has been filed on behalf of 89-year-old Sarah Wentworth. Relatives are alleging elderly neglect and abuse against the nursing home that the woman had lived for almost three years. While prosecutors continue their investigation into the Itasca, Illinois nursing home, the woman’s family is conducting their own investigation. It appears that after the woman froze to death, nursing home employees tried to hide the real circumstances surrounding her death. Nursing home workers had told authorities that the 89-year-old woman, who suffered from Alzheimer’s disease, wandered outside on her own. However, the woman’s family is questioning how an elderly woman who used a walker, ended up without outside without help. Additionally, there is evidence that a 23-year-old female worker watching television ignored the security alarm triggered by the woman’s electronic ankle bracelet. This Illinois elderly abuse case highlights the importance of ensuring that nursing home residents are not able to wander. It is the duty of the nursing home staff to ensure that all residents are properly accounted for. To read more about the wandering death, click here.

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February 10, 2009

Illinois Woman Freezes to Death After Wandering from Nursing Home

89-year old Sara Wentworth of the Chicago suburb of Itasca was found frozen to death after wandering from her bed at a nursing home on February 5. Sara was found in the nursing home's courtyard. Sara's daughter noted that police informed her that her mother wandered through two doors before entering into the nursing home's courtyard. Nursing home staff did not realize that Sara was missing until they performed a routine bed check. Every year, hundreds of nursing home residents suffer serious injury or death as a result of wandering.

Levin & Perconti have handled a number of cases where their victims have wandered from nursing homes. In two similar cases in which the victims were found frozen to death, Levin & Perconti received a $950,000 settlement for C.B. v. American Baptist Homes of the Midwest and a settlement of $825,000 for T. for F. v. Manor Care at Oak Lawn.

To read Sara Wentworth's full story of nursing home neglect please click on the link.

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January 12, 2009

It is a Nursing Home's Responsibility to Prevent Most Falls

Elder abuse and neglect is widespread in today’s nursing homes and long-term care facilities. The failure to prevent falls among the elderly is one of the most common examples of negligence in nursing homes. Many of the falls that cause death or serious injury among elderly nursing home patients are, in fact, preventable. Patients should be evaluated on neurological status, debilitating diseases, drug status, mental state, sensory deficits, history of falls, and age. If they are deemed at any risk for falls, homes and facilities should take extra precaution to prevent injury. An at-risk patient should be escorted to the bathroom or frequently offered the use of a bedpan, for instance. Failure to supervise elderly at-risk patients could result in falls with serious consequences. Every elderly patient is entitled to proper and attentive care, and the prevention of falls is a responsibility of every nursing home and health care facility.

Click here for more information

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December 7, 2008

Nursing Home Workers Accused of Abuse

Two nursing home workers have been arrested for crimes against elderly adults which include one nurse who is accused of pouring aftershave on a patient’s genitals. The women worked as licensed practical nurses in the nursing home. One of the employees was charged with two felony counts of eldery abuse of a vulnerable adult after being indicted by a grand jury. The man accuses the 46-year-old employee of “pouring aftershave on the genitals of a patient” and administering medication that caused pain to elderly residents. She faces a maximum of 40 years in prison and $20,000 in fines. The second employee is accused of taking the pain medication hydrocodone that meant for more than one patient. This employee faces one to five years in prison if convicted. This incident highlights the need for nursing homes to closely monitor their employees. To read the full story, click here.

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Nursing home neglect alleged in case where mold was found in 65 year-old’s mouth

A nursing home abuse investigation is alleging that an elderly man in a nursing home was so neglected that he had mold growing out of his mouth. The 65 year-old nursing home neglect victim lives at a nursing home. He cannot speak, but staff at a nearby medical center spoke up and complained about what they saw during a wellness examination and called the authorities.

For the full article.

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November 29, 2008

Nursing Home Inspected after 11 deaths in 2008

State health inspectors will increase their oversight and an independent review of the home for the disabled will be conducted in the wake of 11 deaths since January. The nursing home has been fined more than $37,000 by state inspectors including a fine that is tied to the death that was allegedly caused by nursing home negligence. The most recent incident was reported after a 26-year-old patient was found unresponsive in his room and later died. His mother claims that the nursing home employees failed to take her son to the nursing home’s infirmary for observation after a brief hospitalization triggered by a seizure. Although the state used to only investigate deaths not attributable to natural causes, they are changing their policy to investigate all deaths reported to them by the nursing home. The state’s governor stated there will be an independent review to determine whether the nursing home patients receive appropriate care and treatment. A federal investigation created by Congress to monitor health care serves for the disabled has said that the number of deaths at the nursing home over the past 14 months appears unusually high. One of the problems includes the nursing home’s staff’s failure to assess residents’ needs upon their return from a hospital. To read the full story, click here.

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November 18, 2008

Levin & Perconti files nursing home abuse lawsuit against Illinois nursing home

An Illinois nursing home is facing a nursing home neglect lawsuit from a widow whose husband’s death was caused by a nursing home’s negligence. The law firm of Levin & Perconti filed a complaint on behalf of the victim’s family, stating that the victim died of renal failure and sepsis caused by dehydration.

For the full article.

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November 15, 2008

City Settles Suit with MS Patient

A city and a home health care agency wrote a check for $600,000 to a woman with multiple sclerosis after she nearly died in their care. The settlement is for a negligence lawsuit alleging the woman was neglected in her wheelchair and was left for so long that she developed life-threatening bedsores. The woman is in a city-run program that pays contracted caregivers to take care of her at home. The plan has workers shift her weight every 15 minutes to prevent pressure ulcers or bedsores. In 2005, while the city was paying more than $3,000 a month for an agency to care for the victim, the caregiver at the time says she wasn’t moving the victim much at all. The worker wrote in a declaration that the victim complained of pain, but no one had trained her on anything to do with pressure sores. The suit alleged that the care providers basically left the woman to rot in her wheelchair. The victim was rushed to the hospital where doctors operated twice on the sores they had cut through to the bone. They were also infected with MRSA, potentially life-threatening bacteria. The victim hopes that the settlement money will buy her a better chair and pay for physical therapy. To read the full story, click here.

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November 8, 2008

Levin & Perconti Settle Nursing Home Case for $1 Million

One of Lake County, Illinois’s largest nursing home negligence lawsuits ended after the county agreed to a $1 million payment to the family of the woman. Lake County agreed to pay the settlement to the family of an Alzheimer’s patient who died at age 83 while she was a resident at the Winchester House in Libertyville. Levin & Perconti filed the lawsuit on behalf of the woman’s husband and daughters claiming that the county-operated nursing home failed to take proper measures to prevent the woman’s continuous falls. The woman was admitted to the Winchester House in January 2004 as her dementia had increased and she became unsteady in her walking. Attorney Steven Levin argued that despite her unsteadiness, the woman never had a fall assessment completed by the staff at the nursing home. He also stated that the nursing home took no significant action to prevent further falls after she tumbled six times in her first eight months at the home. Levin stated that the nursing home had six opportunities to assure future injuries would not occur. By September of 2004, nurses at implemented wheelchair and bed alarms, but the technology was not used properly and the woman fell two more times. These falls caused her to suffer brain injures and hip and elbow fractures. She died in early January 2005. According to Levin, the $1 million settlement is the largest nursing home settlement in Lake County history. To read the full story, click here.

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November 4, 2008

Wrongful Death of Nursing Home Resident

A lawsuit has been filed for the wrongful death of a nursing home resident. The 33 year old victim, who had suffered a traumatic brain injury at a young age as a result of being beaten, died and the nursing home did not immediately inform the family. When the body was exhumed, it was found that he was likely to have died after being struck in the head with a shower head nozzle. The lawsuit for wrongful death as a result of this nursing home abuse was filed against the state, because he had been placed under the state’s care. The lawsuit is also against his caseworker for her negligence in monitoring his care. The victim had been in a near vegetative state following his brain injury and had been cared for by his mother and his half-sister, until the state determined the sister was not properly caring for him and placed him under the State’s care. For the full story click here.

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September 21, 2008

Nursing Home Fined in Connection with Patient Death

A nursing home received a $21,000 fine for violations that led to the wrongful death of one of their patients. The victim died of complications related to dehydration. He had lived at the nursing home for 4 months and the nursing home had been neglecting his needs by failing to monitor his fluid intake, leading to his dehydration and eventually his wrongful death. The fines are also for understaffing helps attribute to neglect within nursing homes. The complaint was filed 2 years ago and the fines were just recently imposed on the nursing home for their neglect. A statement by the president of the Foundation Aiding the Elderly added that the state’s delay in appropriately monitoring nursing homes in a timely manner, adds to the high levels of nursing home abuse and that this is unacceptable practice for nursing home monitoring. For the full story click here.

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September 17, 2008

Levin & Perconti Files Lawsuit on Behalf of Nursing Home Patient’s Family

Levin & Perconti has filed a lawsuit on behalf of the family of a Chicago area nursing home patient, against the nursing home where he was a patient, for negligence and wrongful death. The lawsuit states that he was neglected while in the nursing home and that his health deteriorated while he was under their care which eventually led to his death. The family members often found him without his required oxygen and without his dentures when visiting him at the nursing home. They also say that many of his personal items went missing while he was a resident of the nursing home. For the full story click here.

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September 12, 2008

Family Sues Nursing Home for Negligence

The family of a woman that passed away while a patient at a nursing home has filed a lawsuit against the >nursing home for negligence. The patient removed her own catheter line, fell on the bathroom floor and remained there without the hospital staff finding her until after she had bled to death. The patient had been prone to pick at her port that was in place for dialysis and the family feels that the >nursing home neglected her by not keeping a better eye on her, especially because they knew of her medical conditions and that she was prone to interfering with her treatment. The family feels that the >nursing home neglected to fulfill the patient’s needs and that >their negligence ended up leading to her wrongful death. The nursing home administrator would not comment on the case, claiming she did not know anything about it. For the full story click here.

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Man Files Suit Against Nursing Home for Negligence in Caring for His Mother

A man has filed a lawsuit against the nursing home that his mother lived in until her death, which he believes is due to the nursing home’s negligence. She suffered from dementia and was not able to continue handling her affairs when she began living at the nursing home. While she was a client in the nursing home she suffered from many injuries including falls, weight loss, dehydration and malnutrition. The injuries she sustained from one of her falls is what ultimately led to her untimely death. She suffered all of these injuries and prior to her death was in a state of mind where she was not even aware of all the nursing home abuse and neglect she was being subjected to and was not aware that her rights were being violated. This ten count suit for the nursing home’s negligence which led to her wrongful death has been filed against the parent company that owns this specific nursing home. This is an issue that occurs all over the country, including in Chicago, Illinois. For the full story click here.

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September 11, 2008

Nursing Home Lawsuit filed against Illinois Nursing Home for Neglgect and Wrongful Death

Nursing home abuse and neglect attorneys Levin & Perconti filed a nursing home negligence suit against a Nursing home near Chicago, Illinois for the wrongful death of Mr. Joseph Pazera. Mr. Pazera received negligent nursing home care and treatment from Lexington of Orland Park. Mr. Pazera’s family, his wife, and his children trusted the nursing home to provide adequate care to their husband and father. On numerous occasions, however Mr. Pazera’s family found him left without oxygen he needed, without proper hygiene care and found that nursing home theft had occurred. While under the care of Lexington of Orland Park the nursing home transported Mr. Pazera to a local hospital but in transit the nursing home failed to provide Mr. Pazera with his oxygen. As a result of the negligent care and treatment Mr. Pazera received Mr. Pazera passed away. Survived by his family and friends a lawsuit has been filed against the nursing home by Levin & Perconti.

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September 8, 2008

Levin & Perconti File Nursing Home Suit on Behalf of Patient’s Daughter

Levin & Perconti have filed a wrongful death suit against a Woodstock Residence nursing home on behalf of the daughter of a patient who is alleged to have died as a result of an overdose or morphine. In the suit, the plaintiff contests that the morphine sulfate was being administered to residents without an order and/or outside prescribed parameters. The suit claims that the nursing home was aware that this morphine was being improperly disposed. The lawsuit highlights that two nurses at the nursing home have been indicted for, amongst others, counts of criminal neglect of a long term care resident, unlawful delivery of a controlled substances and obstructing justice. The claim alleges that the elderly patient’s death is a direct and proximate result of the nursing home’s negligent acts or omissions. The deterioration of her physical and/or mental condition which caused or contributed to her death is a result of the unlawful doses of medications, according to the suit. The 78 year old patient died on September 9, 2006. To read the full story, click here.

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Wrongful Death Lawsuit Against Nursing Home Filed in Cook County

The daughter of a nursing home resident who died in 2006 filed a wrongful death lawsuit against the former owners of the nursing home and two nurses. The lawsuit was filed in Cook County, Illinois and named defendants who are believed to have contributed to the death of nursing home patients. The body of the 78 year old woman was recently exhumed during a police investigation into suspicions deaths at the nursing home. The lawsuit claims that the 78 year old woman was administered lethal doses of morphine, well beyond what was ordered by her physicians. Named as defendants were WRHC &RC, which held the license for the Woodstock Residence and two former nurses. The two nurses were indicted earlier this year on criminal charges. Drug distribution is a common problem that arises in negligent nursing homes. To read the full story, click here.

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August 26, 2008

Family Files Suit Against Nursing Home Company After Patient Dies as a Result of Not Being Properly Cared For

The family of a woman who died while being cared for in a nursing home has filed a wrongful death lawsuit against the nursing home for abuse and neglect. The family is suing because they feel that the nursing home neglected their daughter by not treating her properly and that her not receiving the proper care resulted in her untimely death. Shortly before her death, the family confronted hospital staff telling them that the patient looked uncomfortable and the staff told them that everything was under control. The next day the patient was in a catatonic state and ended up dying. The family has filed a wrongful death lawsuit against not only the individual nursing home but against the company that owns this nursing home as well as many others for abuse and neglect of their patients. When asked about the lawsuit the company said they hadn’t had time to review the complaint fully and did not comment further. The issue of nursing home abuse and neglect is a common problem and happens in Chicago, Illinois as well. For the full story click here.

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August 17, 2008

Family Files Lawsuit Against Nursing Home

The family of a nursing home resident that died after a cerebral hemorrhage due to a fall while in her nursing home has filed a wrongful death lawsuit against the nursing home. The patient had suffered four falls during her brief stay at the nursing home prior to her death, causing it to seem that the nursing home was neglecting to provide the appropriate care to their patients. While many nursing homes including ones in Chicago, Illinois have issues with staffing shortages which can lead to inadequate patient care and could lead to patient accidents, this nursing home seems to have neglect issues. This case is just one of many lawsuits that the company that owns this particular nursing home has received that claim similar neglect or wrongful death. An employee of the nursing home was previously sued for felony elder abuse after a patient showed signs of head injuries consistent with being beaten. The issue of nursing home abuse and neglect is a prevalent issue and is seen all over the country, including in Chicago, Illinois. To read the full story click here.

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Missing Nursing Home Resident Found Dead

A nursing home resident that has been missing for several weeks was found dead on Friday morning. The patient suffered from dementia and went missing from the nursing home where he resided in early August. When questioned, the nursing home would not answer any specific questions regarding the case and there is no word yet on whether the family will be a filing a wrongful death lawsuit against the nursing home or whether the nursing home has any past history of nursing home abuse or neglect. For the full story click here.

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August 6, 2008

Chicago, Illinois Nursing Home Resident Beaten to Death Leads to Lawsuit

The wrongful death of a nursing home resident has lead to a nursing home negligence lawsuit. A resident in a Chicago, Illinois nursing home was beaten by his nursing home roommate. A lawsuit has been filed against the nursing home for negligence in its placement of an Alzheimer’s patient with a non-Alzheimer’s patient. The nursing home abuse and beating caused the death of a Chicago, Illinois nursing home resident. To read more about this story and the lawsuit click here.

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July 17, 2008

Family of Joe Louis' Sister Files Negligence Lawsuit

Vunies High, the sister of famous boxer Joe Louis, died earlier this year in an independent living facility. High was 92 and had early stages of Alzheimer’s when she was found dead outside of The Heatherwood in February of this year. She had apparently wandered outside where she then died. Yesterday a lawsuit was filed by High’s family against the senior living management corporation that ran the facility. In the suit, the family alleges that the company labeled itself and independent living center yet provided the same services that a nursing home or assisted living facility would. The company may have designated itself as an independent living facility because in the state where the accident occurred nursing homes and assisted living facilities are strictly regulated while independent living facilities are not. High’s family was not aware of this distinction when they placed High in The Heatherwood. Read more here.

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July 7, 2008

Group Home Where 2 Men Died Had 29 Violations

The Pamela Shay Angel Arm Family group home, where two men recently died, was inspected in January; that inspection revealed for 29 violations. Amongst the violations were inadequately trained staff and failure to provide a clean, healthy environment. Three people with mental illnesses lived at the home when two residents, one 79, the other 47, both died recently because of heat stroke. The room they shared was more than 90 degrees in temperature, authorities said. The investigating detective has stated that charges are pending the final autopsy results. Both deceased men were taking anti-psychotic medications, which increase the risk of heat stroke as the medication impairs the body’s ability to regulate temperature. Apparently the men were not found until 8 to 15 hours after they had become incapacitated. There is no word yet whether wrongful death lawsuits will be filed in this apparent nursing home neglect case.

Read more here.

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July 1, 2008

Bond Set in Nursing Home Murder Case

Bond was set at $500,000 for a nursing home resident accused of brutally murdering his roommate at All Faith Pavilion. The man charged with the murder suffers from extreme dementia. He was found sitting outside his room with blood on his shoes and hands. The case demonstrates the general failures of nursing homes throughout the country to monitor and supervise their residents. All Faith in particular has been cited by the Illinois Department of Public Health on multiple occasions for deaths related to neglect.

For more information, click here:

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June 16, 2008

Illinois Nursing Home May Lose Public Aid After State Inspection Finds Neglect

A recent state inspection of Alden Town Manor Rehabilitation and Healthcare Center in Cicero, Illinois revealed one resident who broke a wrist after a preventable fall, another with a pressure sore, and, finally, three more who had experienced unhealthy drops in weight. In December of 2007, the facility had been found to be in non-compliance with the laws that govern Medicare and Medicaid services, having six months to comply or have its public aid terminated. The six-month term is coming to an end and two weeks from now public aid services will no longer be available if the facility fails to become compliant. While termination of public aid is not necessarily a death knell for nursing homes, it is very detrimental as, on average, 90 percent of money for residents is provided by Medicaid. Facilities whose aid has been terminated have to turn to private funding, and existing solely on that is practically impossible. The original inspection came after complaints about two residents who had bed sores, a result of not being moved for a long period of time. This inspection led the Illinois Department of Public Health to give the nursing home a level 3 citation, on a scale of 1 to 4, 4 denoting such severity that a death has occurred or a resident is in danger of dying because of substandard care. In the most recent inspection, the resident who broke her wrist was known by the staff to be at risk for falls at the nursing home because of her behavioral history of wandering around the nursing home hallways and trying to move without the use of her wheelchair. It is not yet known whether the families of the victims will seek to file nursing home abuse and neglect lawsuits against Alden.

Read more here.

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Nursing Home Resident Missing from Facility

A missing nursing home resident has left the facility he was residing in. A search continues for the 56 year old missing nursing home resident. Problems with resident wandering and resident elopement are often related to a nursing home failure to supervise its residents. So far no nursing home lawsuit has been filed against the facility. To read the full story and see a picture of the missing resident click here.

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June 10, 2008

Wandering Nursing Home Resident Found Brutally Murdered

A nursing home lawsuit is to be filed by the family of a woman who was prone to nursing home wandering. The woman, a 46 year old, with a history of seizures and brain injuries was found naked in a motel in Chicago, Illinois after wandering off from an alleged negligent nursing home. The woman found in Cook County was beaten to death and had suffered serious personal injuries caused by an unknown suspect. The woman went missing after leaving Somerset Nursing Home. The family will likely also file a wrongful death suit against the defendant nursing home. To see the full story on this alleged Somerset Nursing home abuse click here.

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June 6, 2008

Nursing Home Denies Wrongdoing in Response to Lawsuit over Death of Resident

Joyce Earline Bigelow, a patient at MontVue Nursing Home, died last October after taking a fall in the nursing home. Bigelow suffered complications after she fell while trying to use the restroom without assistance. The fall came after repeated instructions from Bigelow’s family to the nursing home staff that she required assistance when using the bathroom. After the fall, Bigelow suffered complications and died a few weeks later. As a result, Bigelow’s daughter sued the nursing home’s parent company for $10 million in compensatory and punitive damages. The parent company denies any negligence and claims that Bigelow did not fall, but instead that staff was helping her use the restroom when she became unable to support her own weight so they lowered her to the floor. The home claims that the staff then took her to a hospital for treatment of unspecified injuries. The family’s lawsuit allegations involve wrongful death and nursing home negligence.

Read more here.

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June 5, 2008

Wandering Nursing Home Resident Struck by Car

A nursing home lawsuit was filed on behalf of a man whose mother was killed after wandering from a nursing home. The nursing home failures included a failure to ensure its residents were kept safe and cared for within the home. The wrongful death nursing home lawsuit follows after the man’s 94 year old mother became a car accident casualty after the nursing home failed to keep her within its premises. A nursing home's failure to supervise its residents can lead to multiple consequences including nursing home resident falls, nursing home resident wandering and nursing home resident elopment. To see the full story click here.

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May 30, 2008

Nursing Home Nurses Accused of Neglect in Deaths

Penny Whitlock, a former nurse and director of nursing at the Illinois nursing home, Woodstock Residence, now called Crossroads Care Center of Woodstock, requested that three charges against her related to nursing home abuse and neglect be thrown out. The charges allege that she neglected three nursing home residents by failing to blow the whistle on the mistreatment of another patient. Whitlock filed a motion asking the judge to throw out three charges for neglecting long-term care facility residents, claiming she cannot be charged for neglect of patients other than the one who she allegedly knew was being mistreated. In total, Whitlock is charged with five counts of criminal neglect of a long-term care facility resident and two counts of obstructing justice. Additionally, former Woodstock Residence nurse Marty Himebaugh was charged with, and pleaded not guilty to, four counts of criminal neglect of a long-term care facility resident, one count of obtaining morphine by fraud, and one count of unlawful distribution of a controlled substance. At the heart of the issue is whether Whitlock failed to take action after receiving complaints from other staff members alleging that Himebaugh was overmedicating nursing home patients with morphine and whether Whitlock urged Himebaugh to continue being an “Angel of Death.” The charges touch on nursing home abuse , nursing home neglect, medication errors, and physical or chemical restraints.

In a related suit, Levin and Perconti has filed a wrongful death lawsuit against Woodstock Residence, Whitlock, and Himebaugh.

Read more here.

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Nurses Declare Lack of Staff at Nursing Homes and Hospitals

A new survey has revealed that nurses working at nursing homes feel that there are fewer staff members than needed. Nearly three-quarters of nurses surveyed declared that at the nursing homes and hospitals they worked for, the staff numbers were inadequate. A lack of staff members can lead to neglect, and even abuse, as recognized by those surveyed, half of whom reported feeling that quality of care is on the decline. The problem of inadequate numbers compounds itself as more nurses leave their positions because of concerns about sub-par care resulting from the low numbers of staff. Most shockingly, little more than half of the nurses felt comfortable about the idea of one of their loved ones being treated at their respective facilities. This announcement by nurses shows that there is a rising danger of hospital injuries and nursing home injuries, especially medication errors, wrongful death, and other nursing errors as existing staff members are unable to keep up with high demands which can lead to medical mistakes.

Read more here.

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May 17, 2008

Trial Court Grants $300,000 Verdict in Nursing Home Fall Death

A jury has granted a $300,000 verdict in a nursing home abuse and neglect case against the county that runs the nursing home. The victim, an elderly resident of the home, died in the nursing home after a fall. An error in the installation of a toilet seat and inadequate staffing caused the woman’s fall. The surviving family members filed a wrongful death lawsuit for the nursing home fall.

See more here.

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May 7, 2008

Nursing Home Murder Suicide Raises Questions About Attention to Resident Mental Health

An elderly couple has died in a nursing home, apparently the result of a nursing home murder-suicide. The husband of the nursing home resident, who often spent time with his wife in the nursing home, apparently shot her in the head before killing himself. News reports indicate that there was a suicide note that both had signed. This incident raises serious questions about the ability of nursing home staff to diagnose mental disorders and depression in nursing home residents. Often, nursing home psychological and psychiatric staff are in short supply and many nurses and nursing aides may not be trained to detect signs of mental illness. It is important that family members stay active and involved with their loved ones’ mental health.

Read more here.

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April 8, 2008

Family of Woodstock Residence Nursing Home Victim to File Suit

Steven Levin of Levin & Perconti will represent Virginia Cole’s surviving family members in a nursing home abuse and wrongful death lawsuit. Virginia Cole was one of the victims at Woodstock Residences, the Chicago-area nursing home at the center of a pending criminal trial.

Two former nursing home employees of Woodstock Residences were charged in McHenry County with causing the deaths of four residents at the nursing home. The charges include criminal neglect of the nursing home residents and overmedicating patients with morphine.

At a press conference on Monday with the victim’s son in law, Steven Levin commented on the role of nurse Marty Himebaugh at Woodstock Residences: “The director of nurses at the facility -- and this is a quote from the indictment -- was encouraging Marty Himebaugh to act in a role of angel of death.” Mr. Levin will file suit in the Circuit Court of Cook County shortly.

To read the original article and see video, please click here.

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March 11, 2008

Nursing home fined $100,000 for preventable death of resident

State health authorities have fined a California nursing home $100,000 in the death of a 91 year old resident who choked on food. The “AA citation” is the most severe penalty for nursing home abuse under state codes. The state assessed the fine for failing to find out what was wrong with the patient while he was choking, not providing emergency care, and failing to use procedures such as the Heimlich maneuver to try to save the resident.

For the full article.

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February 21, 2008

Neglected resident, and boxing legend's sister, found frozen to death outside of assisted-living facility

Due to the neglect of facility staff, boxing legend Joe Louis's sister was found frozen to death just outside of the assisted-living center where she was a resident. The 92-year-old resident suffered from Alzheimer's disease, an illness often causing patients to wander, requiring constant supervision. The woman had been missing for a full day when she was found just outside of the facility dressed only in her pajamas and one shoe. She died of hypothermia and there was no indication of an intentional crime, but this tragedy could have easily been prevented had staff been less neglectful and if they had provided the care that was promised to the woman's loved ones. This kind of nursing home abuse and neglect is not just limited to poorly-run state facilities or similar homes. Even the family members of this country's legends, such as the great Joe Louis, are at risk.

Click here
for the full article

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January 29, 2008

Levin & Perconti sues Lincoln Home in Belleville, IL for neglecting resident who falls, wanders, and develops pressure sores

Steven M. Levin and Michael F. Bonamarte of the Chicago law firm Levin & Perconti recently filed a nursing home abuse and neglect lawsuit against Lincoln Home in Belleville, Illinois in the Circuit Court of Cook County on behalf of a man who was neglected at the nursing home. Lincoln Home assessed the 72-year-old resident upon his admittance to the facility and noted in his Plan of Care that he was at risk for falls and wandering.

Based on the nursing home staff's negligence and lack of supervision, the resident was allowed to wander off from the facility on multiple occasions and also sustain a fall that broke his hip and required surgery. Hospital staff noticed that the resident had developed two bed sores: one on his coccyx and one on his heel. The pressure sores developed because the nursing home staff failed to change the resident's clothes allowing him to lay in his own waste for long periods of time. The resident lost 30 pounds while at the facility, but after being moved to a different nursing home he regained his strength and positive outlook. Unfortunately, he has been unable to fully recover from his fall and is living out his remaining days in Hospice care.

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January 22, 2008

License of Illinois nursing home East Peoria Gardens director's license suspended after numerous citations of nursing home abuse and neglect

After reports of nursing home abuse and neglect, the nursing home East Peoria Gardens Health Care Center has been heavily fined by the Illinois Department of Public Health and its director's administrator's license has been suspended by the Illinois Department of Financial and Professional Regulation. The director left her job when the IDPH investigations began after the deaths of two patients caused by the nursing home's negligence, the admittance of patients with criminal pasts, and complaints of an atmosphere that caused fear among staff and residents. Attorney Steven M. Levin of Chicago law firm Levin & Perconti filed a lawsuit against the home on behalf of the family of a resident who fell at the home last spring, sustaining a serious head injury ultimately leading to death. Another resident choked and died as a result of the nursing home's negligence. These cases of nursing home abuse and neglect resulted in a $100,000 fine by the IDPH and other severe penalties. Its investigation found 23 nursing home code violations

Click here for the full article

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January 13, 2008

Be aware of the many types of elder abuse and neglect to help keep seniors safe

There are many different forms of elder abuse and neglect and it is important to watch for signs of abuse in order to protect loved ones. Anyone over age 60 can be a victim of elder abuse. Elder abuse and neglect comes in many forms:

-Physical abuse
-Emotional abuse includes verbal assaults, threats, intimidation and harassment
-Confinement is restricting an elderly person without their consent. Many believe that restraining seniors with Alzheimer's or other illnesses should be restrained in order to prevent wandering off. This is illegal and there are better alternatives
-Passive neglect is when a loved one, caregiver, nursing home or assisted living facility is unable to provide a senior with the care they need. This can include failing to provide medication at appropriate times, causing malnutrition or dehydration by forgetting meals, allowing falls due to lack of supervision, allowing bed sores to develop as a result of neglect, failing to monitor the hygiene of the elderly person and more.
-Financial exploitation is the misuse of a senior's money, accounts, insurance, etc. It is the most commonly reported form of elder abuse. Many different types of people can exploit elders financially including family members, caregivers and employees of nursing homes or assisted living facilities.
-Sexual abuse is any type of sexual act or conduct performed against the elderly person's will.

If you are aware of elder abuse or suspect that a senior is being abused, call the Illinois elder abuse hotline at (866) 800-1409. It is available 24 hours a day.

December 6, 2007

$532,000 Settlement For The Family Of A Nursing Home Resident Who Died As A Result Of A Fall

Steve Levin and Michael Bonamarte of the law firm of Levin & Perconti recently settled a nursing home lawsuit for $532,000.000 on behalf of the family of an 83 year old nursing home resident who died from injuries she sustained during a fall.

The resident, who had lived at the Woodbridge Pavilion Nursing Home for approximately 3 years, had fallen several times at home. The Defendant nursing home knew she was a risk for falls. Despite this knowledge the Defendant nursing home failed to ensure that the resident was appropriately monitored and supervised.

As a result of the negligence of the Defendant nursing home and the failure on the part of the staff the resident wandered through an exit door and fell down a flight of stairs. The fall resulted in a bleed in her brain which caused her death a week later.

The nursing home was cited by the Illinois Department of Public Health for violations of the Illinois Administrative Code and OBRA regulations.

Click here for the press release

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August 17, 2007

Multiple instances of sexual assault at Belvidere, Illinois nursing home could have been prevented

A Belvidere, Illinois nursing home has been fined $25,000 by the Illinois Department of Public Health for the serious neglect of residents. Lack of supervision at the home has allowed one resident, a 94-year-old man with Alzheimer's disease, to sexually assault female residents on at least 15 different occasions. Staff had recorded these incidents and it was noted in the man's nursing home chart that he often attempted to inappropriately touch female residents. The nursing home failed to ensure the peace of mind and protection of residents even though they knew the man was a risk for inappropriate sexual behavior.

Click here for the full article

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August 3, 2007

Sexual assault at ManorCare Nursing Home in Cook County

An alleged sexual assault at a ManorCare nursing home facility in Rolling Meadows, Illinois has led the state to claim that ManorCare failed to protect the woman from being abused. Nursing home abuse and neglect has been found by the Illinois Department of Public Health at many ManorCare facilities recently and the Rolling Meadows facility has already received a $20,000 fine from the department. In this particular instance, state officials said that a 71-year-old mentally disabled woman was sexually assaulted by a 62-year-old man with dementia in the middle of the afternoon. The investigation led to claims that the home failed to protect the victim and failed to supervise the assaulter, who had been caught inappropriately touching another woman's breasts only three months before. When an employee heard cries from the TV room where the woman was being assaulted, he was unable to get in and prevent further harm because the door was locked. It seems questionable that a nursing home facility with mentally disabled residents would have internal locks on community rooms. The state also alleges that the ManorCare facility failed to report the attack to police, a duty they should have undeniably upheld.

ManorCare facilities are becoming cesspools for abuse and neglect and action needs to be taken to prevent any other instances of sexual abuse in addition to other problems resulting from issues such as failure to supervise residents and failure to properly monitor patients.

Click here for the full article

August 2, 2007

Negligence and lack of supervision in Chicago area nursing home leads to serious injury and death

Levin & Perconti attorney Susan L. Novosad filed a complaint on behalf of the son of a nursing home resident against Applewood Nursing and Rehabilitation Center and Lexington Health Care Center of Orland Park, Illinois. The woman, who was at a known risk for falls, was allegedly undersupervised and neglected by nursing home staff and eventually fell at the home sustaining serious injuries that ultimately led to her death.

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Lawsuit filed against Chicago area nursing home

Levin & Perconti has recently filed a lawsuit on behalf of a woman who suffered several falls as a result of neglect at her Chicago area nursing home. The home, Wauconda Healthcare and Rehabilitation, acted neglectfully in that it knew that the woman was a risk for falls but failed to provide the necessary supervision and assistance to prevent them. The suit alleges that falls caused by the neglect of the nursing home eventually led to bruises, lacerations, a broken hip, a deterioration of her physical and mental condition, a loss of dignity and respect, and the loss of the ability to ambulate. Unfortunately, this woman’s story of inadequate supervision and assistance in light of her known risks for injury is all too common.

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July 13, 2007

East Peoria Gardens Healthcare Center being sued for neglect

Levin & Perconti has filed a lawsuit against Illinois nursing home East Peoria Gardens on behalf of the family of an 81-year-old woman who died after falling at the facility. The nursing home was recently fined $100,000 for serious allegations of abuse and neglect. In addition to the woman's unsupervised fall, the home was cited for other serious problems. Levin & Perconti attorney, Steven Levin, as quoted in the Chicago Tribune said, "The question is why was this allowed to go on for months unchecked." Unfortunately, this case is not limited to the devastating instance of abuse and neglect at East Peoria Gardens. Levin & Perconti has handled many cases where abuse and neglect in Chicago area and Illinois nursing homes led to serious injury or death. It is important to insure that loved ones in nursing homes are receiving the proper care. East Peoria Gardens is an example of a "nursing home gone bad", but there are far too many others. The harsh repercussions enforced by the Illinois Department of Health is a good effort to ensure that this will never happen again. But for the families of East Peoria Gardens victims, it came too late.

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July 12, 2007

Abuse and neglect in an Illinois nursing home results in $100,000 penalty

The Illinois Department of Public Health has fined the Chicago based company that owns East Peoria Gardens Health Care Center $100,000 and the loss of five days of Medicaid reimbursement. Recent glaring cases of abuse and neglect, including the recent deaths of two patients, have led to one of the most severe penalties imposed by the Illinois Department of Public Health, short of shutdown. An 81-year-old woman died after a fall in the home, and a 72-year-old man choked to death. Other recent examples of such abuse and neglect include medical neglect and failure to notify physicians of condition changes in residents and the admittance of younger residents with criminal histories and mental illness. These residents were unsupervised and mixed with elderly patients receiving long-term care as the result of the nursing home's failure to provide appropriate programs and activities necessary to control those residents and assist in their return to the community. Further instances include dozens of calls to the police and fire department resulting from theft from residents' rooms, violent fights and threats. Three residents and two employees were arrested during this period. The Illinois Department of Public Health will begin to frequently monitor the home.

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April 10, 2006

Mattoon Health Care Center - Mattoon, Illinois

The Nursing Home was fined for failure to provide adequate supervision to a resident with memory problems. The resident left the grounds of the facility without staff's knowledge

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

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