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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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November 17, 2008

Class-action Suit Filed Against Large Nursing Home Chain

A class-action lawsuit has been filed against one of the nation’s largest nursing home operators alleging the chain implemented illegal admissions policies. According to the lawsuit, the chain sought to admit more seriously ill patients while decreasing its staff. The suit further alleges that the nursing home chain used this policy as a means to receive higher reimbursements from Medicare/Medicaid. Attorneys for the Plaintiff claim that by admitting more acutely ill patients without increasing staffing the nursing home is putting profits ahead of people.

For the full story, click here.

September 27, 2008

Former Nursing Home Employee Convicted of Theft

A former nursing home employee pled guilty to first-degree theft of $14,373 from a nursing home. The employee was sentenced to two years, which was suspended, placed on probation for five years, ordered to pay full restitution and fined $500. The employee opened a Sam’s Wholesale Club credit card account while employed as an account’s payable and payroll clerk in the name of the nursing home. From June 13, 2005, to May 30, 2007 the employee charged $14,373 in personal purchases which included gasoline, tires, a washing machine and groceries. She caused the nursing home to pay the credit card statements for her personal purchases, as though they were legitimate nursing home purchases. To read the full story, click here.

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September 19, 2008

Nursing Home Worker Accused of Drug Thefts

A nursing home employee has been arrested for stealing pain medication from elderly patients. The employee stole medication from at least two patients who were 92 and 97. Although there are only two known victims, there may be more. The nursing home employee was arrested on suspicion of two counts of first-degree criminal mistreatment and two counts of first-degree theft. This case further highlights the need for nursing homes to do mandatory background checks on all employees. To read the full story, click here.

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Alzheimer’s Patients Respond Well to Effective Communication

Studies have found that those who care for patients with Alzheimer’s disease should not talk to them like children. A report issued at the 2008 Alzheimer’s Association International Conference found that adults with Alzheimer’s in nursing homes who were talked to like children were more resistant to care. “Elderspeak” is defined as overly caring, controlling and infantilizing and researchers have found that elderspeak actually hinders an Alzheimer’s patients ability to communicate. The study found that nursing home staff should be trained to effectively communicate with residents that have Alzheimer’s. The goals are for caregivers to have the opportunity to adjust their conversation with the changing communicative and cognitive abilities of their loved ones and for people with Alzheimer's to experience healthier participation in family discussions. To read the full story, click here.

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September 16, 2008

State’s Attorney General’s Office Reviews Allegations of Nursing Home Abuse

An investigation aided by the attorney general’s office has been launched after allegations of sexual abuse at a nursing home were reported. The details of abuse allegations surfaced after four teenage girls were released from a nursing home. The girls were accused of verbally, sexually and emotionally abusing the residents at the nursing home. The attorney general anticipates he will have charges formed by the end of the week. Two of the four teenagers were adults at the time the nursing home abuse occurred, but two of the teens were only 17 years old when the abuse occured. The four teenagers no longer work at the nursing home. This story further highlights the importance of a nursing home’s need to supervise their staff, especially those who are young adults. To read the full story, click here.

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August 30, 2008

Investigators Respond to Physical Abuse

Allegations of abuse at an Ohio nursing home drew the attention of state investigators. The Attorney General’s Office is now investigating the after reports of abuse and neglect. Eight nurses were fired from the nursing home after falsely reporting that they had cared for a patient’s would, although it became obvious that the neglected to care for the wound. Although the patient has made a full recovery, the Attorney General’s Office continues their investigation. The nursing home, which reported the incident to the state, followed all state regulations in reporting the incidents. This type of neglect is a threat everywhere, including Chicago. To read the full story, click here.

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