July 14, 2011

Study Reveals Black Nursing Home Residents More Likely to Develop Bed Sores

Our Chicago nursing home neglect attorneys were not surprised to learn of a study by researchers at the University of Iowa, reported on by Reuters, which found that black residents of long-term care facilities are more likely to suffer from pressure sores. The difference in care is not a result of nursing homes providing better quality care for white residents, but rather that residents were more likely to develop pressure sores in nursing homes where a majority of the residents are black. Like many types of nursing home abuse or neglect, this could be a result of understaffing or fewer resources.

The study also found that residents in predominantly black nursing homes were at least 30 percent more likely to suffer from bed sores that those in facilities with a small population of black residents. These disparities echo an investigation by the Chicago Reporter from 2009 that revealed that Chicago nursing homes where the majority of the population was African-American had much lower CMS quality ratings than facilities where the majority of residents are white. Their investigation also revealed that Illinois had the most poorly-rated African-American nursing homes in the country.

Our Chicago nursing home lawyers are all too familiar with this epidemic, having represented hundreds of families in lawsuits involving bed sores caused by nursing home negligence. Nursing home residents have a high risk for these wounds because many of them are elderly, and often wheelchair bound or bed ridden. Bed sores develop when pressure builds in an area of the body and restricts blood flow, leading to necrosis. This can be aggravated by body moisture from sweating or incontinence. Common areas for pressure sores include a person’s heels, tailbone, elbows, and shoulders. In order to prevent pressure sores from forming, nursing homes need to employ sufficient staff who can spend time examining each resident’s skin condition and also turning and repositioning residents to redistribute weight. Other preventative measures include pressure relieving mattresses, wheelchair pads and heel protectors.

Pressure sores are much easier to prevent than heal, so in order to reduce the number of nursing home deaths caused by bed sores, it is important for all facilities in Illinois-predominantly black AND white- to increase staffing and resources devoted to the prevention of pressure sores. Facilities must stress the importance of bed sore prevention and educate their staff accordingly. It is also important to try to close this gap in the quality of care between nursing homes with predominantly white and black populations.

July 9, 2011

Nursing Home Attorneys File Suit Against Understaffed Facilities

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.

October 8, 2010

Neglect Running Rampant in Alden Village North, a Chicago Nursing Home

The nursing home lawyers at Levin & Perconti have handled all types of abuse and neglect lawsuits against Alden nursing homes throughout Illinois for many years. Today's Chicago Tribune tells the story of at least thirteen children in the Chicago area who fell victim to abuse and neglect at Alden Village North, a nursing home located at 7464 N. Sheridan Road in Chicago.

The Tribune's article exposes the sad truth that abuse and neglect not only happens to the elderly living in Illinois nursing homes, but also to younger residents who require ongoing medical treatment that they cannot receive at home. Parents and family members place their trust with nursing home staff to care for their loved ones, but unfortunately neglect and abuse occur, often due to negligent hiring and short-staffing. One of the victims in the Tribune article was just two years old when he died of asphyxiation because staff at the facility failed to properly monitor his tracheotomy tube for over 3.5 hours. The child had a habit of playing with the tube but staff did nothing to prevent this behavior and did not notify his physician of his actions.

In another sad case, a nine-year-old boy who suffered from severe cognitive deficits died due to nursing home neglect. Staff failed to properly care for his g-tube, failed to notice a change in his condition and failed to communicate these changes to his doctor. As a result, he died from bowel obstruction and an infection at a local hospital.

Continue reading "Neglect Running Rampant in Alden Village North, a Chicago Nursing Home" »

June 20, 2010

Caregiver at Nursing Home Charged with Murdering Resident with Morphine

A caregiver at a North Carolina nursing home was charged with murdering Rachel Holliday, an 84-year-old Alzheimer’s nursing home resident, with morphine. The nursing home caregiver, Angela Almore, also faces charges of felony abuse, which are related to the hospitalization of six other Alzheimer’s patients whom authorities suspect she also gave morphine. This investigation began when authorities suspected abuse after the Alzheimer’s patients tested positive for morphine. The State believes that the patients were likely given morphine to make them more manageable.

Overmedication is a problem that arises too often in nursing homes. An October report in the Chicago Tribune investigated this issue, finding that nursing home staff will resort to overmedicating their residents in order to make it easier to manage them. This usually stems from nursing homes being understaffed or insufficiently trained to handle the complex needs of residents with dementia. Of course, this decision to overmedicate, or to medicate without a physician’s order, is against the standard of care. Further, overmedicating residents in nursing homes can have potentially detrimental effects on their health, and can deteriorate their fragile and vulnerable nature. As evidenced by the article mentioned above, and many similar cases throughout the country, overmedication can and does cause death in nursing home residents.

Our attorneys at Levin & Perconti are very familiar with the effects of overmedicating nursing home residents. Most recently, one of our attorneys, Partner, Steve Levin, filed a wrongful death lawsuit against the licensee of Woodstock Residence, in Woodstock, IL, a former nurse, and former nursing director, for administering a heavy dose of morphine that caused the premature death of a resident.

May 13, 2010

Jury Finds Nursing Home Negligence and Grants $28 Million in Punitive Damages

A jury has determined that a nursing home needs to pay $28 million in punitive damages after being found responsible for a woman’s death. The jury found that both the nursing home company and their parent company were guilty of elder abuse in the death of a 79-year-old resident. The jury was presented with testimony concerning the corporation’s finances before awarding the punitive damages. They also awarded $1.1 million in pain and suffering damages and loss of companionship. The state has threatened to revoke the license, but instead has reached an agreement to stay open.

It is obvious that this nursing home conglomerate put profits over patient care. The jurors decided that the home’s conduct was “malicious and oppressive” which allowed them to grant punitive damages. The victim was suffering from mild dementia when she moved into the home. Seven months after she moved in she suffered a fall that resulted in a broken hip. This coupled with an infected bedsore caused her death. Jurors heard testimony concerning the understaffing of the home and the poor medical documentation that helped cause her death. While understaffing allows nursing home owners to maximize profits, it has been proven to lead to nursing home neglect. The founder of the advocacy group Foundation Aiding the Elderly stated that this was a monumental verdict.

If you believe that a loved one resides in a nursing home that is understaffed and has suffered serious injury or death as a result, please consult a Chicago injury lawyer. To read more about this case of nursing home abuse, please click the link.

April 30, 2010

Interrupting a Nursing Home Employee May Lead to Medication Errors

A new study has shown that nurses are more likely to commit medication errors when they are interrupted while they work. This study is extremely applicable to nursing homes, where distractions are an everyday occurrence. This is the first study to show that interruptions and medication errors are linked. According to the study published by Bloomberg Businessweek, the majority of these errors are minor and would have little to no effect on a patient. Yet, 2.7 percent of the medication errors were clinical and considered major errors. These errors oftentimes included failing to check a patient’s identification while administering a drug or administering medication at the wrong time. In a nursing home, it is imperative to ensure that a patient’s medication chart matches their identification before administering their drugs. The study did offer one solution to solve these medication errors. It stated that nurses should be given a “protected hour” during which they are only to focus on medication administration and do not have to take on tasks such as answer phone calls or pages.

This study also highlights the need for sufficient nursing home staff in all facilities. Certified nurse’s should be able to focus on the task at hand without dealing with other distractions. As studies show, a nursing home that is sufficiently staffed is less likely to make medication errors. If you or a loved one has been a victim of a medication error at a nursing home, please consult a Chicago nursing home lawyer. To read more about the nursing home errors, please click the link.

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.

December 15, 2009

Resident Falls and Breaks Hip, Despite Alarms Sounding

An elderly woman couldn’t walk safely by herself. She had advanced osteoporosis, dementia and a history of falling. To deal with these ailments, the staff at the nursing home put up many safeguards, including a bed alarm, a motion sensor, a sound monitor, a perimeter mattress and a bathroom light. The moved the victim to a room where they could watch her more closely. Still she was able to get up and walk around in the middle of the night, sounding the alarms. Nobody heard them and the victim was able to move a trash can into the hallway and took a bad fall. Two nurses aides and a licensed nurse were working in her unit, but one of the aides had gone over to another part of the building to cover staff breaks. Thus, there was no one at the nurse’s station to hear the alarms go off, causing the woman to fall and break her hip. The victim never recovered from her broken hip and died five days after the fall. State investigators found the nursing home neglectful and verified that the alarms could not be heard from the nurse’s station or other wings of the unit. To read more about nursing home negligence, please click the link.

November 15, 2009

An Ex-Employee at Putnam County Nursing Home Alleges Drug Violations

A former employee at a nursing home has filed a nursing home lawsuit against the Putnam County assisted-living facility for allegedly overlooking alcohol and substance abuse by its employees. This is an Illinois facility. She also alleges that they ignored state regulations for drug distributions. She alleges that she was ostracized and lost her job because of several complaints she brought to the nursing home director about drug abuse and employee conduct. The employee states that when she was hired staff members did not follow state regulations for drug distribution. She observed one staff member under the influence of narcotics and noticed that this employee falsified patient charts, reflecting drugs that she did not administer. Properly documenting narcotic distribution is important to nursing homes. By failing to do so, these nursing homes are committing nursing home negligence. To read more about the nursing home negligence, please click the link.

November 10, 2009

Chicago Doctor Gives Risky Drugs to Nursing Home Patients

In Chicago’s Maxwell Manor Nursing Home, one doctor’s patients suffered from side effects so severe that they trembled, hallucinated or lost control of their bladders. Staffers told investigators that so many patients were complaining to Dr. Michael Reinstein about their medication errors that a security guard needed to accompany him on his visits. Additionally, staffers said that Reinstein had induced patients to take powerful antipsychotic drugs with the promise of passes to leave the home. Although the nursing home was shut down in 2000 by Illinois state officials, Reinstein continues to practice. He is one of the most prolific providers of psychiatric care in Chicago nursing homes. He has been accused of overmedicating his mentally ill patients. In 2007, he prescribed various medications to 4,141, including more prescriptions for clozapine than were written by all the doctors in Texas put together. Three patients died under Reinstein’s care of clozapine intoxication. He is currently the defendant in two separate wrongful death lawsuits. In 2003 state health inspectors noted that his patients at Chicago nursing home Westwood Manor were not properly monitored. Many showed apparent clozapine side-effects. This could be due to the powerful incentives Illinois provides for cut-rate, high volume care in nursing homes for the mentally ill. Recently state lawmakers did not act on a bill that would have given psychiatrists the first Medicaid fee increase in years. To read more about the medication errors, please click the link.

May 28, 2009

Nursing Home Doctor Fails to Disclose Background

A woman claims that a nursing home doctor gave false information when applying for a medical license. The doctor’s license would have been suspended had it not been for a $3,000 fine. The doctor’s license had been suspended in four states. The daughter of a deceased nursing home patient was unaware of the sanctions against the doctor, who treated her mother for four years. The daughter is claiming that the doctor gave her mother the wrong dosage of medicines many times. Disclosures of backgrounds will greatly help decrease the amount of nursing home negligence that occurs. Nursing home negligence can be found anywhere, including Chicago, Illinois. To read more about the doctor’s false background, please click the link.

March 23, 2009

Mentally Ill Threaten Elderly in Nursing Homes

Over the past several years, nursing homes have seen an increase in young and middle-age people with mental illness. This increase in mentally ill patients has also increased the amount of elderly violence in nursing homes. One such incident at All Faith Pavilion in Chicago's South Side involved Ivory Jackson, a 77-year-old man with Alzheimer’s who was smashed in the face with a clock radio as he lay in his bed. The man who killed Mr. Jackson was a mentally ill man thirty years his younger.

What has occurred is that younger, stronger residents with schizophrenia, depression or bipolar disorder are now living beside frail elderly residents and they have been taking their rage out on them. The Centers for Medicare and Medicaid Services show that nearly 125,000 young and middle-aged adults are living with serious mental illnesses in U.S. nursing homes, which is a 41 percent increase from 2002. There are several forces behind the trend including the closing of state mental institutions and a shortage of hospital psychiatric beds. Due to these great increases in numbers, numerous incidents have occurred. Gaps in the employee staff training leave the nursing homes inept at handling the delusions and aggression of the mentally ill, which makes it difficult on the elderly residents.

The attorneys at Levin & Perconti have worked on a number of cases involving sexual or physical abuse of nursing home residents. W are currently involved in a similar case against East Peoria Gardens in East Peoria, IL. Our attorneys represent the family of a woman who fell at the home as a result of improper supervision and died a week later from her injuries. The case alleges that as a result of the owners’ decision to mix an elderly population with younger mentally ill resident, a situation was created where the elderly residents and the staff were in fear for their own safety. To read more about this nursing home lawsuit, follow the link.

To read more about the increase in elderly physical abuse, please click here.

March 22, 2009

Bill that would require long-term care workers to have background checks introduced

Two Senators last week introduced a bill to establish a nationwide system of background checks to prevent people with criminal histories from working in nursing homes. Thre bill is called the Patient Safety and Abuse Prevention Act, which expands on a three-year pilot program helped to prevent applicants with a criminal record from working in long-term care. Often times, nursing home abuse occurs when nursing homes fail to properly screen their employees who work with some of the most vulnerable people.

To read the full article on the nursing home bill.

March 17, 2009

State investigates nursing home’s abuse of 78 year-old Alzheimer’s patient

A state agency has begun a nursing home abuse investigation into a rehabilitation center where a nurse injected Xanax into a 78 year-old Alzheimer’s patient. If the investigation finds severe nursing home abuse, the facility could face possible sanctions such as fines or license revocation.

A nurse at the facility is charged with battery of a senior citizen. According to a police report, the nurse broke up a 2mg Xanax pill and dissolved it with a saline solution.

To read more about the nursing home abuse investigation.

February 27, 2009

Bush’s Last Minute Legislation Greatly Impacts Nursing Homes

The Bush administration passed legislation that affects the entire nursing home industry occurred with no public notice attention without a word from the government. The rule designates state inspectors and Medicare and Medicaid contractors as federal employees. This is a group usually shielded form providing evidence for either side in private litigation. The restrictions affect about 16,000 nursing facilities nationwide which house 3 million residents. The effect is to force elderly abuse litigants to go to greater lengths, including seeking court orders, to get inspection reports or depositions for cases they are pursuing or defending. Many critics are blaming this on the nursing home industry, which will greatly benefit from the new legislation. It will make it harder for abused nursing home residents to gather information on their respective nursing homes. To read more about this new nursing home legislation, click the link.

February 16, 2009

Nursing Home Loses Medicare and Medicaid Funding

After a nursing center was cited for numerous serious deficiencies from the state Health Department, the home lost their Medicare and Medicaid funding. The nursing home has been targeted by the nonprofit, patient advocacy group, A Perfect Cause. The agency offered a $2,500 reward for information about the alleged assault of a former resident. This reward in turn helped to generate tips to help the investigation. Inspectors then found that an aid forced a patient into a shower with his clothing on. Additionally they looked into multiple claims of nursing home residents assaulting one another, which has become a common problem in Chicago nursing homes. Staffing issues such as lack of training were investigated as well. Finally, inspectors believed that a social worker put patients at risk for contracting AIDS when she failed to provide condoms to a sexually active nursing home resident who is HIV positive. When a nursing home has committed elderly negligence and abuse, the state does have the opportunity to cut their Medicare and Medicaid funding. To read more about the elderly neglect allegations, click the link.

February 13, 2009

Lawyers speak out about Failing Nursing Homes

A trial lawyer who was represented many victims of elderly abuse and neglect has seen enough in America’s 15,000 nursing homes. After a report by the Department of Health and Human Services found that 94% of America’s nursing homes violated federal and health safety standards it is obvious that the elderly are suffering and nothing is being done. Pressure ulcers have become all too common among the elderly in nursing homes. They often occur because nursing homes are so short staffed. Senator Chuck Grassley observed that more than half the nation’s nursing homes don’t meet the minimum for staffing. Corporate greed and a poor economy have contributed to these shortfalls in nursing homes. It is time that America wakes up to the substandard care that we are providing our elderly family members. To read this essay on nursing home negligence, click here.

January 22, 2009

Jury Awards $1.25 Million in Nursing Home Negligence Suit

A jury has determined that a nursing home patient’s death was caused by elderly negligence on the part of his caretakers. The court awarded the man’s daughter $1.25 million, ending a four-year elderly abuse lawsuit. The man was admitted to the nursing home at the age of 67 and had to go to the hospital a mere nine months later. In the hospital he was treated for a bedsore that infected his left buttock to the bone. In the trial nursing home assistants testified that there weren’t enough staffers to provide adequate care. The man should have been turned over every two hours to ensure bedsores do not form, yet the nursing home only turned him over every four hours. This lack of attention caused the elderly man to develop horrible bedsores. The man then suffered from malnutrition as a result of the original infection, which sent his body into a death spiral leading to more bedsores and infections. The last few months of the man’s life were unbearable. To read the full story, click here.

January 14, 2009

Elderly woman with brain cancer financially exploited by caregiver

In a case of elder financial abuse, an in-home caregiver from Maywood, Illinois was arrested last year for stealing about $300 from the home of a woman with terminal brain cancer. Elders in nursing homes and those being cared for at other facilities or their own homes are at serious risk for financial exploitation, a form of elder abuse. The caregiver was recently sentenced to 180 days in jail by a DuPage County, Illinois court. For the full article, click here.

November 19, 2008

Family Sues Nursing Home for Wrongful Death

The family of a man who was hit and killed by a freight train has filed a wrongful death lawsuit against the nursing home he wandered away from. The lawsuit alleges that the nursing home negligently failed to supervise the patient who suffered from dementia. The home knew this patient was at risk for wandering and failed to keep him secure in the facility and additionally it did not follow the company's policies for missing residents. The patient disappeared on October 25 and police later found his body near the train tracks that run close to the nursing home. To read more on this tragic story, click here.