December 23, 2010

Former Nursing Home Employee Sentenced to Jail Following Sexual Assault

The perpetrator of a sexual assault at a nursing home was recently sentenced to jail time following a criminal trial for his conduct. Detroit News reported on the incident involving a 52-year old former nursing home employee at the MediLodge Nursing Home.

According to reports the former janitor pulled his pants down in front of an 84-year old Alzheimer’s patient in a wheelchair. Another nursing home employee saw the incident. Fortunately the co-worker contacted authorities, even though the janitor begged his co-worker not to tell anyone about the event. Later, the employee admitted that he forced the resident to inappropriately touch him. He had abused at least two other residents in a similar manner.

The sentencing judge explained that “this was a very disturbing crime.” The aggressor will have to serve four months in jail and will be on probation three years following his release. In addition he will have to pay the victims fees, court costs, and undergo sex offender treatment.

Unfortunately, shocking sexual abuse, like the incident here, occurs at nursing homes across the country. In many cases, the predators are not reported and more seniors are forced to live through the abuse silently. It is an continuing problem that is in dire need of solutions.

Continue reading "Former Nursing Home Employee Sentenced to Jail Following Sexual Assault" »

Posted by Levin & Perconti | | Email This Post

Posted In: Sex offenders and parolees in nursing homes

May 21, 2010

Sexual Abuse in Nursing Homes

According to a report on KOMU.com , one Missouri nursing home admits sex offenders but does not inform the families of the other elderly residents who reside there. There are currently 18 registered sex offenders that live at the nursing home, with sex offenses ranging from child molestation to rape. The owner notes that elderly residents are separated from the sex offenders and that staff is also trained on how to deal with those patients who have psychiatric issues and therefore management does not view this as a security threat. According to the report, there is no legal responsibility of the nursing home management to inform other residents and their families about the background of their residents, so the nursing home does not feel the need to disclose the information.

Sexual abuse in nursing homes is an important issue to address in Illinois nursing homes. Family members want to feel secure when placing a loved one in a nursing home. Elderly nursing home residents are targets of sexual predators because they are often weak and defenseless. They might have dementia or might not be able to speak to report the assault. All nursing home residents are protected from abuse and neglect under the Illinois Nursing Home Care Act and homes have a duty to protect residents from predators. Many times, cases of sexual abuse fall at the hands of other residents, who are able to bypass security measures. In other instances, staff members are to blame. Nursing homes must operate with sufficient staff in order to properly monitor sexual offenders and elderly residents. Nursing homes must also investigate and report sexual abuse when it occurs. When a nursing home fails to protect the residents under its care and they are injured or killed, ownership and staff must be held responsible for their negligence. To learn more about the Illinois laws that protect nursing home residents from abuse and neglect, follow the link.

Posted by Levin & Perconti | | Email This Post

Posted In: Hot Button Issues, Sex offenders and parolees in nursing homes

May 2, 2010

Fourth Lawsuit Filed Against LaSalle County Nursing Home

MyWebtimes.com is reporting that a fourth lawsuit has been filed against LaSalle County Nursing Home for nursing home abuse. The nursing home sexual abuse lawsuit was brought on behalf of a 90-year-old former resident of the home and claims that she was sexually assaulted by a male resident at the facility. The suit claims that not only did this man sexually assault about a dozen residents; he also had a history of such abuse. The Illinois nursing home lawsuit is asking for $50,000 in damages for the nursing home abuse because the facility failed to protect the resident from the physical, mental and physiological injuries that she endured.

The nursing home lawsuit also states that the staff members at LaSalle County Nursing Home did nothing to protect the woman from the sexual abuse at the hands of her fellow resident. Recently, three top administrators at the nursing home have resigned and the suspect has been moved to a psychiatric facility. The Illinois nursing home has also been fined for their inaction. To read more about this nursing home lawsuit, please click the link.

This is a perfect example of how a lack of nursing home staffing can make it hard for direct care workers to provide both supervision and attention to each individual resident. Countless studies have shown that a lack in supervision can lead to serious problems with nursing home residents. These problems include injuries from falls, resident elopement and medication errors. Also, as seen in recent Illinois nursing homes, a lack of sufficient staff can lead to physical and sexual abuse amongst residents.

Posted by Levin & Perconti | | Email This Post

Posted In: Illinois Nursing Homes, Residents and Family Members, LaSalle County Nursing Home, Nursing Home Abuse, Sex offenders and parolees in nursing homes

April 4, 2010

Nursing Home Lawsuit Filed over Sexual Assault

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.

Posted by Levin & Perconti | | Email This Post

Posted In: Illinois Nursing Homes, Failure to supervise, Fox River Pavilion, Incidents, Sex offenders and parolees in nursing homes

February 6, 2010

Feds Terminate Funding for Somerset Place Nursing Home in Chicago, Illinois After Accounts of Nursing Home Abuse

As the Illinois Nursing Home Abuse Lawyer Blog reported, Somerset Place nursing home on the north side of Chicago has received a number of IDPH violations for repeated acts of violence and nursing home abuse and neglect that have compromised the safety of its residents. The nursing home was also the subject of several articles in the Chicago Tribune that highlighted the nursing home's problems and the Uptown community's concern. On Friday, federal health care officials announced that they would cut funding for the troubled nursing home. This is the first time in four years that the federal government has cut funding for a nursing home in Chicago.

All of the nursing home's 300 residents have a primary diagnosis of mental illness, and according to the Tribune 66 of these residents had criminal backgrounds. Staff members told the Tribune that insufficient staffing and training for direct care workers has created a chaotic environment where staff cannot properly supervise residents, many of whom need constant supervision. Without staffing and training, nursing home staff cannot properly supervise residents, and this leads to physical and sexual violence among residents.

According to the report, the Chicago nursing home will continue to receive Medicaid funding for 30 days, and the home has filed an emergency lawsuit to stop the CMS from pulling funding. The state health department will now look to move these residents to other Chicago nursing homes. Read full coverage of the Centers for Medicare & Medicaid Service's decision to cut funding for Somerset Place in Chicago.

Posted by Levin & Perconti | | Email This Post

Posted In: Bad nursing homes, Chicago Nursing Homes, Sex offenders and parolees in nursing homes, Somerset Place, Staffing Issues

January 27, 2010

Chicago Tribune Report on Sexual Abuse in Chicago Nursing Homes

As Chicago nursing home attorneys, we have represented hundreds of victims of nursing home abuse and neglect and witnessed many instances of sexual abuse in Illinois nursing homes. Today, the Chicago Tribune reports on their latest investigation into poor care in Chicago nursing home, focusing on sexual assault and abuse in nursing homes throughout the city.

Citing incidents at such nursing homes as Rainbow Beach Care Center and All Faith Pavilion on the South Side, and Sheridan Shores Care & Rehabilitation Center, Warren Park Health & Living Center and Somerset Place on the North Side, the investigation reveals the epidemic of sexual violence, along with the fact that little is being done to stop it. According to the Tribune’s investigation, 86 cases were investigated, but only one arrest was made.

Throughout Chicago, nursing home owners, such as Eric Rothner (who has ownership in Rainbow Beach, Sheridan Shores and Somerset Place), operate their homes at below-average staffing levels. This creates an environment where even the most well-intentioned direct care staff cannot deliver the proper care and attention that the residents need and deserve. In addition to low staffing levels, Chicago nursing homes often mix populations of elderly residents with younger, mentally-ill residents. Sometimes, these psychiatric residents have histories of violent crime. This creates an unsafe environment for more vulnerable residents, because nursing homes do not have the staff to properly monitor psychiatric residents.

To read the Tribune’s entire report on their investigation into sexual abuse in Chicago nursing homes, follow the link.

Posted by Levin & Perconti | | Email This Post

Posted In: All Faith Pavilion, Chicago Nursing Home Abuse, Compromised Care: Tribune Investigation, Sex offenders and parolees in nursing homes, Sheridan Shores Care & Rehabilitation Center, Somerset Place

January 26, 2010

More Illinois Nursing Homes are Swept for Residents with Warrants

Authorities swept two Chicago-area nursing homes for people with outstanding arrest warrants. The sweeps identified 20 residents with warrants ranging from domestic battery to assault. The raids were initiated by Attorney General Lisa Madigan who stated that Illinois is “working to keep Illinois nursing homes safe and not safe houses for fugitives.” Eight people were arrested on the warrants. The team searched the Rainbow Beach Care Center and the Kenwood Healthcare Center. They are both located on the South Side of Chicago. State records show that both facilities have large number of felons who create frequent police reports. Rainbow Beach had 18 felons out of a total of 193 residents and 17 reports of assaults or batteries. Kenwood has 95 felons living amongst 172 residents and has had 30 police reports of assaults or batteries. Madigan is upset that background check laws are not being complied with. She hopes that people will follow the legislation to avoid nursing home abuse. To learn more about the recent raids, check out the link.

Posted by Levin & Perconti | | Email This Post

Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Sex offenders and parolees in nursing homes

January 1, 2010

Reform Care for Mentally Ill

The Chicago Tribune’s Compromised Care series has sparked new interest in ways the state could improve care for people who are severely mentally ill. The Illinois Psychiatric Society believes that Illinois should overhaul how it provides care for people who are severely mentally ill by redirecting its funding to programs that are proved to help. They have recommended many changes. This includes allocating the vast majority of state and federal funds to agencies that provide community-based care. The Illinois Department of Mental Health must certify more community mental health centers. It is important that funding for treating the severely mentally ill is being well-spent. Individuals who have a violent criminal history and who are severely mentally ill should be housed in an appropriate setting that keeps the community and the individual safe. To read more about the steps to help protect the mentally ill residents living in Illinois nursing homes, please click the link.

Posted by Levin & Perconti | | Email This Post

Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Sex offenders and parolees in nursing homes

December 28, 2009

Raids Target Felons in Chicago Nursing Homes

Federal, state and county officials swept two Chicago-area nursing homes for felons with outstanding arrest warrants and identified 18 residents wanted on charges ranging from disorderly conduct to burglary to assault. The early morning raids were initiated by Illinois Attorney General Lisa Madigan in response to Chicago tribune reports about Illinois nursing facilities that house high numbers of felons and sex offenders. Five people were arrested, including a sex offender wanted in another state. Three residents were too sick to be taken into custody. The team found nine felons when it swept Columbus Park Nursing & Rehabilitation Center on Chicago’s West Side. They found nine residents with warrants at Heather Health Center in Harvey. The team also did a sweep at Sumerset Place. The number of felons known to be living in Illinois nursing homes has grown as the state increasingly relies on the facilities to house younger psychiatric patients. A spokesman for the Columbus Park facility stated that the majority of the outstanding warrants were for out-of-state crimes and would not surface during a background check. Heather Health Center was recently given an “average” rating for the home despite the fact that there were 30 felons living in the nursing home. To read more about the Illinois nursing home raids, please click the link.

Posted by Levin & Perconti | | Email This Post

Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Sex offenders and parolees in nursing homes

December 24, 2009

Nursing Home Sweeps Find Outstanding Warrants

Officials swept two Chicago-area nursing homes for felons with outstanding arrest warrants and identified 18 residents wanted on charges ranging from disorderly conduct to burglary to assault. The raids involved 20 federal marshals and Cook County sheriff’s police were initiated by Illinois Attorney General Lisa Madigan. Five people were arrested, including a sex offender wanted in another state for failing to register. In three cases, the residents were too sick to be taken into custody, and the other warrants were not immediately enforceable because they were issued in other jurisdictions. Authorities examined records for Somerset Place on the North Side and discovered three residents with outstanding warrants. The number of felons known to be living in Illinois nursing homes has grown as the state increasingly relied on nursing homes to house younger psychiatric patients. Many of these patients have criminal records. To read the full sweep story, please click the link.

Posted by Levin & Perconti | | Email This Post

Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Incidents, Sex offenders and parolees in nursing homes

December 3, 2009

Death in Nursing Home Shows how Violence Can Spill into the Neighborhoods

Crimes are being committed by residents of Chicago nursing homes throughout the Uptown and Edgewater neighborhoods. Illinois is a unique state because it allows nursing homes to house younger adults with mental illness patients including several thousand felons. The Chicago lakefront communities of Uptown and Edgewater contain the state’s densest concentration of mentally ill and criminal nursing home residents. In a 2-square-mile section of the neighborhoods, 11 facilities housed 318 convicted felons and 1,350 people with mental illness. Also most of these nursing homes have substandard nursing staff levels and care. This creates a great deal of both nursing home negligence and abuse. To read more about how Chicago nursing homes house mentally ill patients, please click the link.

Posted by Levin & Perconti | | Email This Post

Posted In: Illinois Nursing Homes, Chicago, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Sex offenders and parolees in nursing homes

November 23, 2009

Registered Sex Offender Groped Mentally Impaired Woman in Toluca Nursing Home

Contrary to a nursing home’s assurance that a registered sex offender presented no recent problems, a newly obtained government report and interviews show that the man allegedly groped a mentally impaired woman at the facility. According to Department of Public Health, the Asta Care Center of Toluca in central Illinois failed to fully investigate the incident, implement an appropriate care plan for the sexual predator, or properly monitor him to protect others. Even the nursing home’s attorney acknowledged to the Chicago Tribune that administrators erred in not interviewing the female about the alleged sexual abuse, as is required by law. The perpetrator is alleged to have molested female residents in two prior incidents at the Asta Toluca nursing home and their sister facility in Bloomington. The perpetrator was moved back to the Toluca this summer and given a state assessment calling him a “high risk” of danger to others. Failing to monitor residents is being a common form of nursing home negligence in Illinois. To read more about the compromised care investigation, please click the link.

Posted by Levin & Perconti | | Email This Post

Posted In: Illinois Nursing Homes, Compromised Care: Tribune Investigation, Incidents, Sex offenders and parolees in nursing homes

November 20, 2009

Illinois Nursing Homes House Unregistered Sex Offenders

Under Illinois law, families researching nursing homes are directed to search a state police Web site for critical information about sex offenders living in the nursing home. However, with only 59 of the 192 sex offenders in Illinois nursing homes listed on that registry, the research may be frivolous. The Chicago Tribune reported that the shortfall is most visible in Chicago nursing homes where fewer than one in five sex offenders in nursing homes were posted on the police Web site. The problem occurs because of a specific gap in the law. Although some sex offenders can remain dangerous for decades if unmonitored and untreated, many are no longer required to register with police if their convictions or final parole dates occurred more than 10 years ago. Also, state investigators have documented more than a dozen instances since 2007 in which nursing homes have failed to notify local law enforcement that they housed a convicted sex offender as required by law, or failed to implement care plans to monitor and treat sex offenders inside the facilities. The greatest problem occurs when the sex offenders physically abuse the nursing home residents. Last year, state health inspectors cited the Asta Care Center of Elgin for failing to inform authorities of a sexual predator. An 80 year old sex offender was not closely monitored in Asta Care Center in Bloomington. To read more about sex offenders in nursing homes, please click the link.

Posted by Levin & Perconti | | Email This Post

Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Sex offenders and parolees in nursing homes

November 4, 2009

Advocates for Mentally Ill Urge Overhaul of Nursing Home Operations

Advocates for the mentally ill continued to push for a major overhaul of how Illinois’ nursing homes handle psychiatric patients. They argued that the state should end its reliance on nursing homes to house dangerous people cheaply. The mix of felons, mentally ill people and seniors in Illinois facilities serves none of these populations. Due to this dangerous mix, some residents have been assaulted, raped and even murdered. Several speakers urged the Task Force to expand the subsidized housing for people with mental illness. One woman had to move her 39-year-old son to Minnesota to find supported housing for people with schizophrenia. The task force stated that they are at work to address all the issues raised and to decrease nursing home abuse. This has already been the third hearing by the task force to address nursing home abuse. To read more about the nursing home abuse, please click the link.

Posted by Levin & Perconti | | Email This Post

Posted In: Illinois Nursing Homes, Compromised Care: Tribune Investigation, Nursing Home Abuse, Sex offenders and parolees in nursing homes

November 2, 2009

Illinois Nursing Home Sued for Alleged Sex Abuse

An Ottawa, Illinois man has sued the La Salle County Nursing Home on behalf of a female relative, who he alleges was sexually abused by a former resident at the nursing home. The man filed the seven-count lawsuit in La Salle County Circuit Court seeking at least $250,000 from the nursing home for allegedly failing to protect the woman. The nursing home lawsuit alleges that the victim suffered a fractured pelvic or public bone during the act. The lawsuit also states that the nursing home staff dropped the woman, causing her to break her leg. Sexual abuse at the hands of other residents has become quite common in nursing homes. Nursing homes must monitor all residents carefully and do thorough background checks to ensure that this type of elderly abuse does not occur. To read more about the sexual abuse, please click the link.

Posted by Levin & Perconti | | Email This Post

Posted In: Illinois Nursing Homes, LaSalle County Nursing Home, Nursing Home Abuse, Sex offenders and parolees in nursing homes

October 20, 2009

Illinois Task Force Sets Hearing

Governor Quinn’s new Nursing Home Safety Task Force will hear testimony from elder care advocates, service providers and residents in an open, public meeting. It also announced a Web site that takes citizens’ comments and recommendations. Task Force leader Michael Gelder stated, “All of us have a role to play in ensuring the safety and well-being of nursing home residents, and we urge the public to join us in this critical work.” He added that all of Illinois will be needed to meet this challenge. The task force was formed in response to a Chicago Tribune expose which found that elderly and disabled nursing home residents were allegedly assaulted, raped and even killed by mentally ill criminals also living in the facility. Illinois relies on nursing homes to house psychiatric patients more than any other state. Hopefully the new task force will help resolve the problem and decrease the nursing home abuse. To read more about the hearing meeting, please click the link.

Posted by Levin & Perconti | | Email This Post

Posted In: Illinois Nursing Homes, Incidents, Legislation, Sex offenders and parolees in nursing homes

October 10, 2009

State Officials Meet on Nursing Home Deficiencies

Top officials from seven state agencies met for nearly two hours to discuss safety breakdowns at nursing homes that accept high numbers of mentally ill criminals. They have laid out a blueprint for solving what they have described as a very serious problem in terms of nursing home abuse. The task force met in response to the Chicago Tribune’s series that detailed instances when elderly and disabled nursing home residents were allegedly assaulted, raped and even murdered by mentally ill criminals who lived in the facilities. The task force will meet at least a half dozen times over the next several months to discuss combating nursing home abuse. They are set to complete a report by January 31 with recommendations to the governor on how to better the situation. The task force is set to conduct unannounced site visits to various nursing facilities to seek public input about the best ways to assure safety for residents. Task force members are calling on better training for public health inspectors. They also suggested a thorough review of the criminal background screenings of the roughly 3,000 mentally ill offenders now living in the nursing homes. Illinois should consider licensing separate facilities for mentally ill residents with criminal backgrounds or violent histories to resolve problems created by the volatile mix of elderly and psychiatric patients. To read more about the Illinois task force, please click the link.

Posted by Levin & Perconti | | Email This Post

Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Incidents, Legislation, Nursing Home Abuse, Sex offenders and parolees in nursing homes

September 16, 2009

Sexual Assault Victim Files Suit against East Moline Nursing Home

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.

Posted by Levin & Perconti | | Email This Post

Posted In: Illinois Nursing Homes, Failure to supervise, Nursing Home Abuse, Sex offenders and parolees in nursing homes

September 16, 2009

Care Worker Accused of Assaulting Woman

The police have arrested a young man accused of assaulting a 76-year-old woman at a care home. The police capital stated that a supervisor caught a 19-year-old man sexually assaulting the woman one night last week. Staff members told police that the employee was on an on call, fill-in worker at the nursing home. The man was taken into custody and charged with assault and attempted sexual abuse. This case highlights the need for extensive background checks at nursing homes. Oftentimes sexual offenders are able to fall through the cracks, and become employees at nursing homes. Nursing homes should have a very stringent policy about hiring to avoid both nursing home abuse and elderly neglect. To read more about the sexual abuse, please click the link.

Posted by Levin & Perconti | | Email This Post

Posted In: National Nursing Homes, Abuse, Sex offenders and parolees in nursing homes

August 27, 2009

Nursing Home Employee Charged with Sexual Battery

A nurse’s aide had to quit her position after she complained about elderly abuse and no action was taken. Finally, she contacted an investigator at the attorney general’s office what she saw, an aide molesting two different nursing home patients. The aide has now been indicted on four counts of aggravated sexual battery. All four victims were residents at the nursing home, including one in a wheelchair and another patient who is blind. The man was caught sexually abusing a woman by fondling her breasts. The victim was described as confused and hurt. Although the employee left his position at the nursing home, he still has an active license to work as a nurse’s aide. The employee who quit is now a witness in the nursing home abuse case. To read more about the sexual abuse, please click the link.

Posted by Levin & Perconti | | Email This Post

Posted In: National Nursing Homes, Abuse, Sex offenders and parolees in nursing homes

Contact Us

Disclaimer

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

LexisNexis Litigation Resource Center 2011 Top 50 Tort Blogs

Topics

Legal Blogs