Illinois Nursing Home Abuse Blog

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Steven M. Levin was once again recognized as a leading authority on nursing home abuse and neglect. In an interview with Lawyers and Settlements, Levin discussed the state of the nursing home industry and the role litigation plays in defining the limits of acceptable behavior. The article focuses on Levin’s success with Levin & Perconti in procuring record judgments and settlements against nursing homes for violations of the standard of care. Levin also discussed the fact that, instead of addressing the main cause of nursing home issues - namely understaffing, facilities are adjusting their governance structure to avoid liability. This would only further deteriorate the struggling nursing home industry.

For more information, click here:

An owner and operator of four personal care homes that provided “appalling” care reached a $700,000 settlement agreement whereby she agreed never to operate any such facility. Following the closing of the last of her four personal care facilities, the owner reached a settlement that is merely a drop in the bucket for the multimillionaire, especially considering the severity of the allegations.

The owner and her managers were accused of horrible treatment while siphoning federal assistance funds designed for residents for their own personal use, including social security, disability, and veterans benefits. U.S. attorneys alleged that the owner’s facilities were unsanitary, structurally unsafe, provided insufficient food, nutrition, clothing and bedding. Where residents were ill and needed medical assistance, the facility’s staff failed to respond or even call for medical assistance. Furthermore, the facilities were chronically understaffed, including one home that was cited twice in three months for not having enough staff to provide at least one hour of personal care per day to its mobile residents.

The settlement in this case appears to be well short of many expectations given the atrocious care and the apparent ill-gotten wealth of the owner. She has a portfolio of multimillion-dollar homes in several states, an aircraft, and is currently renovating a gated estate, allegedly using funds that were obtained by virtue of providing substandard care. Unfortunately, this demonstrates the lack of oversight in many states where, for example, 75% of personal care facilities are operating without a license.

For more information, click here and here:

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.

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.

Nursing home staff members are the front lines of long term care in the national nursing home system. However, nursing home staff members are often underpaid for their jobs and some nursing home staff members are not sufficiently trained to be safe and effective caregivers. A recent article shows a flip side to the nursing home industry’s low wages: underpaid nursing home staff often cause nursing home abuse and neglect. However, some nursing staff are abused and neglected in nursing homes. A recent survey exposed that nearly half of all nursing staff had experienced bullying on the job and 2/3 had been intimidated on the job. This other side raises serious concerns for nursing home resident care and should expose the dangers that nursing home owners and management create when they do not pay their staff members adequately.

Read the article here.

The AFSCME, a union that represents state, county, and municipal employees is taking on Springfield to seek a raise for Illinois disabled care workers. Currently, staff wages for Illinois disabled care facilities lag almost 2 dollars behind private employers, making it very difficult for state agencies to retain talented staff to care for the disabled. The pay increase would bring care workers’ hourly wages into line with the cost of living and would approach what private employers pay. In long term care for the disabled, proper wages and salaries are essential to ensure quality care. Often, underpaid and under-trained staff have a high turnover rate which causes resident care to suffer, leading to long term care facility resident abuse and neglect.

Read more on the story here.

A nursing home employee has been arrested and charged with theft of medications from nursing home residents. The employee apparently switched prescription pain relievers with over the counter pain relievers and then gave the wrong medication to the nursing home residents. This case shows another example of how medication mixing, giving the wrong medication, and prescription drug theft are more and more common in nursing homes. Family and patient advocates should be sure to check with their loved ones in nursing homes to make sure the resident feels like their medication is working and should also watch how medication is administered.

See the news story here.

Steven Levin of Levin and Perconti has filed a wrongful death lawsuit against a Chicago nursing home for the death of a patient who developed pressure sores while under their care. The family chose the facility believing a promise that the staff would provide the best care for the deceased after he had just undergone extensive hip surgery, consequently requiring assistance from the nursing staff with all the tasks of daily living. His limited mobility placed him at risk for the development of pressure sores, and so his recovery depended on staff turning and repositioning him often and making sure that he had adequate nutrition and hydration.

Unfortunately, the care he was given proved to be completely inadequate. On many occasions, he was found in soiled clothing and bedding, was constantly thirsty but his requests for water were ignored. After voicing these concerns to the staff, the man’s wife was told the facility was simply understaffed. Only two weeks into his stay at the facility, he developed pressure sores. Again, when his wife complained to the staff, nothing was done, even though the staff assured her that he would be turned frequently and that he would get a special mattress to keep the pressure off the wound.

Four weeks into his stay, the man’s wife was informed her husband was being taken to a hospital because he was running a high fever. Doctors diagnosed him with a large, deep, and severely infected Stage IV pressure sore on his sacrum and a Stage II pressure sore on his left him and both heels. He was also suffering from sepsis caused by the pressure sores, dehydration, a urinary tract infection and malnutrition. He was never able to recover from these injuries.

Full article

Atria Senior Living is a chain of nursing homes with 130 facilities across the country. The nursing home chain is owned by Lazard Ltd, a corporation that has just given its CEO Bruce Wasserstein a new contract where he will be paid over $41 million for 2007 and over $100 million overall. The staff at Atria Senior Living homes nationwide is underpaid and overworked, just like many assisted living facilities across the country. Employees have reported that the average salary is about $8-10 an hour and that the company-provided healthcare plans are too costly to afford. Nursing home abuse and neglect is a widespread problem in the US and many of these issues are due to understaffing, inadequately trained staff or overworked employees. Nursing homes owned by private equity firms, like Atria Senior Living homes, have even worse statistics. These firms often claim that it is financially too difficult to afford more staff, proper training, or better hours but the case of Mr. Wasserstein is a perfect example of these firms valuing their profits over the wellbeing of residents and employees. The family members of Atria residents are also left perplexed as their loved ones are being neglected and hoping for better care while money that could be used to improve standards of care is going to make millionaires even richer.

Chicago area nursing home Evergreen Park has suspended an employee who has been accused of the sexual abuse of a 53-year-old resident of the facility. Chicago police arrived at the nursing home after being alerted that the nursing home assistant was found kissing a disabled patient on the cheek, as discovered by a fellow nurse. Police arrested the man and he has been charged with misdemeanor battery.

Click here for the full article

A new law passed recently makes nursing home and hospital patients with a risk of falling safer. The law acknowledges problems with the handling and care of patients. Many lawsuits each year are brought on behalf of patients who are injured because the higher level of care they required when being transported or lifted was not met. Patients that are at risk are those at facilities that, either because of neglectful practices, staffing issues or lack of appropriate equipment, are unable to provide the care needed. The new law requires health care facilities to purchase equipment designed to aid in the lifting and handling of patients, such as mechanical lifts, as well as solving many issues relating to nursing home and hospital staff. The New Jersey law makes it mandatory for health care workers to be properly trained and also require that there are enough staff members on hand to be able to meet the needs of patients requiring lifting or transportation. Also important is the protection workers are given from being penalized by employers for refusing to handle a patient because of a concern for the patient's or their own safety and wellbeing. Many times, patients require multiple staff members in a patient handling procedure and when there are not enough workers available to help, the resulting safety risks are unacceptable. Hopefully other states, including Illinois, will follow suit.

Heritage Manor Nursing Home in Colfax, Illinois lost a legal battle in a lawsuit where a former employee was awarded $17,000 after reporting sexual assault of an older resident. The whistleblower claims that she was fired after she reported suspicions that sexual abuse of an elderly resident of Heritage Manor was being ignored. The former employee, and widowed mother of nine, was awarded $10,000 in pain and suffering. Heritage Manor, a company based in Bloomington, has been sued in other nursing home abuse and neglect cases.

Click here for the full article

Twenty years ago, Congress passed the Omnibus Budget Reconciliation Act (OBRA) and it is now time to review its successes and failures in order to improve the quality of nursing home care. OBRA regulates inadequate nursing homes by either shutting them down or allowing well-performing nursing home care providers to take over substandard facilities. However, the system in place requires that those who take over failing homes must be responsible for the liabilities that the previous management had incurred, including fines, penalties and deadlines to correct certain problems, including issues regarding nursing home abuse and neglect. Because the new management must take on these liabilities there are less resources to dedicate to improvement of the quality of care. The American Association of Homes and Services for the Aging (AAHSA) has strongly urged congress to pass legislation regarding "the counterproductive nurse aide training lock-out, the need for joint training of nursing home and surveyor staff, allowing states to demonstrate alternative quality assurance systems, facilitating new ownership for chronic problem homes, and using civil money funds to improve nursing home quality."

Click here for the full article

A November 2007 issue of the Clinical Advisor has cautioned all nursing home residents and their families about the scarce number of doctors to look after the residents. It has been admitted by anonymous physicians in the nursing industry that it is virtually impossible for them to have time to review every patient’s entire chart and that they rely on patient’s to give them an accurate history. I was under the belief that we go to doctors to seek their assistance; not for them to seek ours. This situation needs to be remedied; maybe the simple solution is just to have more staff in the homes to assist.

Click here for the article:

On the front cover of a December issue of the Wall Street Journal read, “POWERFUL ANTIPSYCHOTICS USED TO SUBDUE ELDERLY.” This jest of the article raises the concerns associated with the overuse of drugs for elderly patients to quiet their symptoms and make them less bothersome and more manageable. The Centers for Medicate and Medicaid Services has reported that the abuse is possibly so bad that 21% of nursing home patients who do not have psychosis diagnoses are receiving antipsychotic drugs.

The real question then becomes WHY? The simple answer is that many of these homes and understaffed and overpopulated and a quiet resident is much easier to care for that a demanding one. But residents are crying out for a reason; they are in pain or need something. The answer is not to drug them.

Click here for the article:

Nursing homes all over the country are sedating older people by giving them anti-psychotic medication. Federal law prevents nursing homes from improperly sedating patients, but unscrupulous homes use these drugs to do so anyway. You trust your loved ones to a nursing home to take care of them, and instead of giving them the attention and care they need, the home just drugs them up. This is just another example of how nursing homes are understaffed. Fewer people to watch the patients—so just give them a drug. ad things happen when nursing homes are understaffed. If you or your loved one have been injured in a nursing home, please seek legal help.

Click here for the full article

One of the most serious issues pressing the nursing home industry today is staffing. Understaffing and high turnover rates often result in a poor quality of care, leading to nursing home abuse and neglect. Often times, turnover rate at a nursing home exceeds 100 percent each year. While nursing homes are working to lower turnover rate, understaffing is an issue that will only increase as the number of individuals residing in nursing homes increases.

For the full article.

As part of KTEN’s series on nursing homes, the station examined the rise of residents in nursing homes. Millions of people are in nursing homes around the country and many people are predicting a sharp increase in that number as the baby boomers continue to age. However, with nursing homes already being short-staffed, many are concerned that nursing home abuse and neglect will rise tremendously with the increase of residents.

For the full article.

The Service Employees Union International (SEIU) will be holding rallies at Chicago-area ManorCare locations on Thursday to draw attention to the company's purchase by private equity company Carlyle Group in August. Further details of the rally will be disclosed tomorrow. Please check back tomorrow for an update.

Click here for more information on Carlyle Group's purchase of ManorCare and it's implications for care at Illinois Nursing Homes.

Re: “At Many Homes, More Profit and Less Nursing” (article, Sept. 23, 2007)

To the Editor:

The abysmal conditions at corporate nursing homes are a case study in what happens when profits are put ahead of human beings.

In a world where Americans' civil rights are increasingly being sacrificed at the altar of big business, Congress must act to protect the vulnerable from abuse. In the case of nursing home residents, Congress could take any number of positive steps. It could, for instance, mandate that potential residents be notified if the facility is in the hands of corporate investors who have shielded themselves from liability. Or, nursing homes could be required to buy insurance that covers lawsuits arising from abuse or neglect.

Specifics aside, Congress must act to protect the most vulnerable members of society. There is simply no excuse — including the “Almighty Dollar” — for the status quo.

Steven M. Levin
Levin & Perconti (Chicago, IL)

A statement was issued by the President of the Alliance for Quality Nursing Home Care (AQNHC) in response to the New York Times Article released on Sunday in which the AQNHC surprisingly refuses to condemn the practice of providing less than quality care while simultaneously using corporate shells to operate long-term care facilities and avoid accountability. The AQNHC, a group committed to improving the quality of long-term care nationwide, takes the unsupported position that care in America’s nursing homes is improving overall, noting that the New York Times focused their analysis on only 10% of our nation’s nursing homes.

The AQNHC does not deny that care is being sacrificed at these private equity owned homes, nor do they condemn this practice. Further, AQNHC is non-responsive to the issue of accountability where the owners of long-term care facilities - those who reap the profits - are not held accountable for bad care.

Is the AQNHC applauding this practice or not responding at all? One would expect an organization that is engaged in improving care in our nation’s nursing homes to condemn a practice by profit seekers who cut resident services and staff, decreasing the overall quality of care provided to residents.

Instead, the AQNHC lauds the profession’s “demonstrated commitment to public data disclosure,” and transparency, asserting that nursing homes make data available for potential residents to assess the quality of the facility. However, AQNHC forgets that long-term care facilities’ receipt of Medicare funds is conditioned upon reporting this data, making such reporting essentially government mandated.

In essence, the AQNHC applauds long-term care facilities who participate in a government mandated regulatory scheme with no regard for the bad care residents suffer when profits are put ahead of people.

Click here for the statement.

Profits come before protecting our nation’s most vulnerable citizens. Nursing homes housing our nation’s elderly that are owned by private investment groups often put profits over people in operating their facilities, the New York Times reported on Sunday.

The Times piece revealed that since the year 2000, 1200 nursing homes have been purchased by large investment groups. While investors of these private groups have been making millions from operating these nursing homes, resident care has declined. The model these groups have been following – reduce costs, increase profits and quickly sell. The consequences of implementing this model are decreased levels of staff and decreased budgets for supplies, activities and other resident services. Decreases in care and services provided to residents leads to nursing home abuse and neglect, a prevalant problem in our nation's long-term care facilities.

Click here for the full article

A central Illinois nursing home, Pleasant Hill Village in Girard, has been fined $25,000 by the Illinois Department of Public Health for the abuse and neglect of residents. Two nurse's aides committed the abuse and could face criminal charges. The abusive acts include punishing residents who acted in ways the aides did not like by taking away residents' belongings and poking them with safety pins.

Click here for the full article

In a recent conference, the Virginia Board of Nursing was asked to take action upon evidence that a nursing home CNA violated state laws regulating nurse aide practice. The nurse was employed at four nursing homes in recent years: Seven Hills, ManorCare, Ruxton, and the Lexington. She had been previously diagnosed of Impulse Control Disorder and personality disorder, but was not undergoing treatment, and had also been convicted of petty larceny. The nurse committed acts such as abusing residents, threatening to kill fellow employees, verbal abuse, talking to herself about killing people in the presence of residents and omitting previous nursing homes and her criminal record on her resume. It is shocking that there is no system in place to prevent nurses like these from circulating among nursing homes in the same area. With the prevalence of nursing home abuse and neglect, there should be stricter rules governing background checks on employees.

A hospice cat at a Rhode Island nursing home has predicted the death of patients in 25 cases by curling up with them in their final hours. The facility treats people with Parkinson's disease, Alzheimer's and other illnesses. A doctor that treats patients at the nursing home stated that, "Oscar is better at predicting death than the people who work there." This allows nurses to alert families when a loved one is about to die. Unfortunately, other nursing homes have to rely on the medical staff to predict when patients are showing signs that death might be imminent. But because nursing homes are understaffed, and nurses are often insufficiently trained, they cannot provide the same attention to the patients that this cat apparently can. Sorry to say, not all nursing homes can acquire a cat with such talents, and nursing staff simply does not have enough time to monitor patients and alert families when death is approaching.

Click here for the full article

Today, Manor Care Inc. reported a 5% increase from 2006 in year to date profits, driven by a 7% increase in revenues. Although Manor Care’s expenses are up quarter over quarter and on a year to date basis, you wouldn’t know it from their lack of providing quality care to nursing home residents. Manor Care is a frequent defendant in nursing home lawsuits nationwide.

One of the main themes in nursing home litigation is staffing. Homes like Manor Care, who are driven by profits over people, consistently understaff their facilities to cut costs. Clearly Manor Care is doing well enough to profit quarter after quarter – they should be spending more money on staffing their facilities properly so that our nation’s elderly receive the quality of care they deserve. Until Manor Care puts their residents over their profits, lawsuits are the best way to send a message that Manor Care's conduct will not be tolerated.

A nursing assistant at a Washington nursing home was sentenced to nine months in jail due to the abuse and neglect of a 73-year-old woman, resulting in her death. Two other nurses remain charged with manslaughter and criminal mistreatment. The emergency room doctor said that the causes of the woman's death were dehydration, starvation, and lack of medication resulting in a coma, kidney failure, and ultimately death. The nurse who was sentenced to jail time pled guilty and admitted that she was "reckless" and withheld the basic necessities of life. The owner of the home was aware that the resident had behavioral problems but assured the family that the nursing home was equipped to provide adequate care. The family of the victim reached a $400,000 settlement in a wrongful death civil lawsuit.

Click here for the full article

A nursing home abuse and neglect law suit against a Texas nursing home was recently filed by the mother of a 28-year-old mentally disabled resident who was allegedly raped by a staff member. Following a positive rape kit test, nursing home administrators refused to allow the patient to return, while financially exploiting the mother by continuing to bill her for months. The lawsuit alleges that the nursing home tried to cover up this instance of abuse, but also tried to hide many other reports of abuse and neglect. The nursing home has been accused of "creating an atmosphere of oppression" by frequently yelling at and threatening residents, intimidating and punishing them by confining the residents to their rooms and taking away their phones, among other forms of punishment. The state had previously cited and fined the home for failure to report abuse incidents and failure to prevent seclusion and restraint from being used as punishment, behavior modification or staff convenience.

Click here for the full article

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.

Click here for the full article

The family of a victim of extreme nursing home neglect and wrongful death was awarded $54 million in a recent verdict against ManorCare Inc., one of the largest nursing home corporations in the country. The daughter of the 78-year-old victim alleged that when she arrived at the nursing home within three hours of being informed of her mother's death, staff members had already crammed the victim's belonging into boxes and that money was missing. Lawyers discovered that a nursing aide found the woman lying in soiled, bloody sheets which staff members quickly removed, leading to the allegation that ManorCare had destroyed evidence. Although charting errors are frequently discovered in nursing homes, the victim's charting was so inadequate that it showed that she had been given insulin over two hours after her death.

ManorCare has been cited for many instances of neglect, such as patients repeatedly being discovered in fecal- and urine-soiled bedding, improper restraints and improperly trained staff. For instance, Levin & Perconti has handled numerous cases against ManorCare in Illinois in which the nursing homes were found to have very serious examples of abuse and neglect.

An article posted on a legal medicine blog raises an interesting question: would nursing homes be staffed properly if low-paid CNA jobs were available to immigrants? The answer: No. This so-called issue is yet another attempt by Nursing Home Industry lobbyists to put profits over people. Nursing Home owners routinely understaff nursing facilities to cut costs and increase profits. This understaffing is not ther result of a lack of available nursing personnel.

Further, the prevalent understaffing in the nursing home industry is the primary cause of nursing home neglect as patients do not receive quality care when there are not enough health care providers to address patient needs.

Unsurprisingly, Nursing Home Industry lobbyists are once again seeking to divert their practices of profits over people by supplying unsupported and unfounded excuses for their refusal to provide our elderly citizens with quality care and adequate nursing staff.

For the blog article

Nursing homes have been claiming recently that rising liability insurance rates due to nursing home abuse and neglect lawsuits have been forcing the homes to choose between “going bare” and cutting back on services. However, as noted in Senior Care Investor, every single major nursing home player’s stock performance is up 10%. Genesis, Kindred, and Manor Care’s stock prices have risen 36, 38, and 38% respectively since January of this year. While the nursing homes claim that problems with understaffing and untrained employees are due to a lack of funds, their stocks continue to rise. Nursing home owners are living in expansive mansions while their patients are subject to terrible conditions and the worst kinds of elder abuse and neglect.

A federal lawsuit has been filed against a Texas company which alleges that serious accounts of nursing home abuse and neglect were present in its five St. Louis area homes. Residents suffered from dehydration, weight loss, and bed sores. The seriousness of some of these pressure sores ultimately led to amputations. The suit also cites incidents where residents were allowed to wander and exit the facilities, where the staff failed to administer proper medication, and where the residents were forced to live in unsanitary conditions. The US Attorney alleges that the homes were seriously understaffed. The suit also accuses the company of false and fraudulent billings to Medicare and Medicaid programs.

Click here for the full article

Federal authorities have joined two nurses who have filed a qui tam action against a company that operated five nursing homes in the St. Louis area. Qui tam lawsuits, or whistleblower lawsuits, are filed on behalf of the United States government. In this case, the whistleblower nurses had knowledge that the nursing homes they worked in were defrauding the government by charging Medicare and Medicaid for services that were actually "worthless." Cathedral Rock slashed its nursing staff to cut costs, failed to pay property taxes, failed to pay vendors, continued to employ staff who failed drug screenings, failed to properly lock up medications, and consistently neglected its residents.

Continue reading "Qui tam whistleblower suit filed against St. Louis area nursing homes" »

The Patient Safety and Abuse Prevention Act was introduced by Senators Pete Domenici and Herb Kohl, chairman of the Senate Special Committee on Aging, and it would require comprehensive criminal background checks on long term care workers who have direct access to residents. The checks would include requiring nursing homes to screen prospective employees – while providing supervised provisional employment for thirty days – by checking criminal records, abuse and neglect agencies in all states, records from agencies such as Medicaid fraud control units and professional licensing boards. Sates would be required to penalize facilities for noncompliance and fine facilities that knowingly employ a worker with a criminal background.
Please help pass this legislation! This bill (S. 1577) is intended to stop workers with criminal records from working with vulnerable people.

Click here to read the bill
Click here to read the National Citizen's Coalition for Nursing Home Reform's letter of support

A 56-year-old Chicago area assisted living facility resident was recently awarded a $1,000,000 settlement in a law suit against Alden North Shore Rehabilitation and Health Care Center in Skokie, Illinois. The man, a quadriplegic, was a victim of abuse and neglect at the facility which resulted in the development of multiple pressure ulcers on his tailbone, hips and heels. The nursing home maintained that the victim’s severe bed sores were unavoidable for quadriplegics. However, when the victim’s wife removed him from the home, he spent a year receiving treatment at another Chicago area facility and the pressure sores healed. They have yet to return. The man’s attorneys, Steven M. Levin and Michael F. Bonamarte IV of Chicago law firm Levin & Perconti, said that the injuries resulted from the fact that the nursing home was understaffed, and the staff it did employ was inadequately trained. Levin & Perconti has extensive experience representing victims of abuse and neglect who have suffered from pressure ulcers and the attorneys were able to prove that the bed sores were, in fact, entirely preventable.

Click here to read the Chicago Daily Law Bulletin article

Today is World Elder Abuse Awareness Day, sponsored by the International Network for the Prevention of Elder abuse. Elder abuse and neglect is a global problem, in the home and in assisted living facilities. The elderly are being abused and neglected in every country, and in every imaginable way. This is an epidemic, and examples can be found everywhere.

Last night, an 85-year-old woman went missing from her nursing home in Surrey, England and the police continue to search for her today. This is a classic example of nursing home staff failing to supervise residents. Frequently, the staff is unable to care for patients because of understaffing issues, which nursing home administrators often neglect to improve. Families can not always be present to make sure that their elderly loved ones are sufficiently cared for, and it is the responsibility of nursing home staff to fulfill the promise they make to families to look after their relatives. The Surrey nursing home resident wandered off and is at serious risk not only because she is alone and lost without money or identification, but because she is diabetic and requires regular medication. This unfortunate mistake is another illustration of the importance of being constantly aware of signs of abuse and neglect in the elderly in order to prevent the occurrence of mistreatment.

An $825,000 settlement was recently reached for a 75-year-old Illinois nursing home resident who died as a result of similar neglect. Even though the resident had dementia and a history of wandering, the nursing home provided a tracking bracelet but failed to verify that it was functioning, failed to properly supervise him, and failed to promptly notify the police. As a consequence of this neglect, the man wandered out of the facility and into bitter cold temperatures, resulting in hypothermia and ultimately death. The resident was represented by John J. Perconti and Patricia Gifford of Chicago law firm Levin & Perconti.

Click here to read the article regarding the Surrey woman's disappearance.
Click here to read about more instances of nursing home abuse and neglect

John J. Perconti and Patricia L. Gifford, of Levin & Perconti recently settled a nursing home abuse and neglect case for $825,000. The case involved a 75-year old nursing home resident who was allowed to wander from Manorcare at Oak Lawn during sub-zero temperatures. On January 14, 2004 a Chicago nursing home resident was found by police lying face down on the street wearing only slipper socks, pants, and a sweater. The resident was rushed to Christ Hospital Medical Center where he was diagnosed with hypothermia and died the next morning.

The resident suffered from severe dementia. When he was admitted to Manorcare the nursing home staff was made aware of his wandering and exit-seeking behaviors. Despite this, the nursing staff failed to closely supervise the resident.

Attorney John Perconti, who represented the family of the deceased commented,

“This untimely death and family loss was preventable and we strongly encourage all nursing homes to closely supervise and monitor their residents to protect them from dangers they cannot comprehend.”

Click here for the press release

In a unanimous decision, the Supreme Court held that the minimum wage and overtime pay laws do not apply to home care aides. Although the opinion itself focused mainly on delegation of Congressional authority and statutory interpretation, this decision will likely exacerbate the staffing shortage problem already affecting the nursing home industry. The case, Long Island Care at Home, Ltd. v. Coke, was brought by a home care aide who sued her employer for failing to pay minimum wages and overtime wages, even when she worked 24-hour shifts.

Continue reading "Supreme Court rules against overtime and minimum wage pay for home care aides" »

A nursing home aide, and resident of the Chicago area, was recently sentenced to 25 years in jail by a DuPage county judge for raping and impregnating a nursing home resident who could neither walk, talk, nor feed herself. Alden Village Health Facility for Children and Young Adults in Bloomingdale was fined $10,000 by the Illinois Department of Public Health for lacking oversight and mishandling the investigation of the alleged abuse and neglect. The 23-year-old victim’s mother filed a lawsuit in Cook County seeking more than $1,000,000 in damages from Alden Village, its management company, her daughter’s former physician and the aide. The child, whose mother suffers from cerebral palsy, was born with developmental disabilities.

Click here for the full article

Mount Carmel is the largest home in Wisconsin and was recently inspected by the state for nursing home abuse and neglect. The facility was cited for 16 federal violations and was found to have given substandard care in the ‘quality of life for residents’ category. One 88-year-old man was found moaning and crying in pain while being ignored by the staff. His aide was supervising 15 residents, illustrating the understaffing problems at the home. Aides failed to answer call lights, check for incontinence, and investigate abuse and neglect allegations while expired medications were found on treatment carts. The home is owned by Kindred Health Care but is run by Benedictine Health Systems. Both Kindred, a for-profit national chain, and Benedictine, a not-for-profit organization, have nursing homes and other long-term care facilities in Illinois and the Chicago area.

Click here for the full article

A 41-year-old mentally disabled woman died at a long-term care facility due to negligence. Although one-on-one supervision was ordered, the patient was allowed to be by herself numerous times during the last 16 days of her life. On one such occasion, the woman choked after getting into the facilities refrigerator. Furthermore, the nursing staff did not adequately clear the patients airway nor did they perform CPR. If the normal standards of care were met, this wrongful death may have been avoided.

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A warm welcome to Alison Hirschel as president of the NCCNHR. The NCCNHR focuses on such issues as nursing home abuse and neglect, adequate staffing in nursing home, working conditions of long-term care staff, resident’s rights, family support, development and support for the long-term care ombudsman program, and more. This organization has achieved great success and continues further in its work toward much needed nursing home reform.

Click here to find out more about the NCCNHR

In Chicago and the nation as a whole, cost-cutting in health care is a part of ongoing reform to the system. Cook County, for example, plans to close the long-term care unit at the Oak Forest Hospital. The 220 patients, including quadriplegics, gunshot wound victims, stroke survivors, and others, are being moved to nursing homes and away from their close-knit community. The patients are wary of living in nursing homes for fear that they will not be able to get the care they need or that they will not find companionship in the elderly. Plus, round-the-clock emergency care is on site and available within minutes at the long-term facility, but not so at most nursing homes. Nursing homes are a cheaper alternative for the state, but not equivalent to long-term care and assistance. Nursing home abuse and neglect is common, and nursing homes are already lack staff and have too many patients. In addition, non-naturalized immigrants might not be admitted to the state-run nursing homes.

To read the Chicago Tribune article, click here

United States Medicare proposed a $690 million increase in payments to nursing homes yesterday. The 3.3% increase would contribute towards nursing facilities that provide care to Medicare beneficiaries. Such an increase may help relieve the nursing home staffing crisis that nursing homes currently face. Public comments on the proposed change will be accepted until June.

For the full article.

Staffing was so inadequate at a California nursing home that a rat was able to crawl into an Alzheimer’s patient’s mouth and die there before any member of staff even noticed. A lawsuit regarding this egregious case of nursing home abuse and neglect was filed last week on behalf of the 90 year-old resident alleging that administrators overbooked their facility to receive corporate bonuses and cut back on staff to increase profits.

For the full article.

Two California nursing homes are accused of nursing home neglect due to their low staff levels. Between September 2004 and November 2006, one of the homes received 31 “notices of deficiencies” by state regulators. The second nursing home received 23 similar notices of nursing home abuse and neglect over the same time period. The lawsuit filed last week alleges that the nursing homes maintained low staff levels even though they knew of the substandard care to maximize their profits. The lawsuit further states that staffing levels at many nursing homes are well below the minimum staffing requirements to ensure that each of the facilities’ residents receive the necessary care and services.

For the full article.

Texas states attorneys have charged an occupational therapist employed at nursing homes with identity theft. She is suspected of stealing about $4,000 through credit cards and bank accounts from three seniors residing at the facility and from a co-worker. This type of nursing home abuse and deception may stem from staffing shortages, as nursing homes are forced to employ less ethical employees.

For the full article.

In a follow-up from a previous post, the 50 year-old resident who died because employees allowed her oxygen tank to run out left a note implicating the employees in the nursing home abuse. The nursing home is being charged with the resident’s death.

For the full article.

The Michigan state’s attorney recently alleged that a woman died at a nursing home because employees allowed her oxygen tank to run out, then tried to cover it up. Five former employees of the nursing home are being charged with nursing home abuse in the death of the 50 year-old woman.

For the full article.

An Ohio nursing home 59 year-old resident began having chest pains early Monday morning. Other residents attempted to find her help, but nobody could find the nurse or two aides that were supposed to be on duty. Luckily, the residents called 911.

The nurses left the unit unattended for several hours, acting in a wreckless manor. In this case of nursing home abuse and neglect, police have charged three workers with patient neglect.

For the full article.

9 employees of a Queens nursing home have been arrested for nursing home abuse and neglect after a hidden camera revealed evidence of widespread patient neglect and falsification of patient records. Among those arrested was a physician who served as the medical director of the nursing home, two licensed practical nurses, and 6 nurse aides.

The secret camera was installed in only one patient’s room and found all of the following incidents of nursing home abuse and neglect: the patient did not consistently receive the physician-ordered physical therapy; the patient went without re-positioning that is required to avoid pressure sores; the patient did not receive assistance in eating and often went without food or drink; and the patient did not receive medications as prescribed.

Continue reading "9 employees arrested during NY surveillance for nursing home abuse" »

The 3 former nursing home employees from Michigan accused of nursing home abuse in mistreating the corpse of a nursing home resident are appealing a ruling to uphold the misdemeanor charges. A witness to the nursing home abuse states that she had heard about similar behavior by the 3 employees in the past but had never witnessed it. The women were fired from the nursing home, but have retained their licenses.

For the full article.

3 former workers at a Michigan nursing home stand accused of mistreating the body of a deceased woman. The 3 nursing home aides admit that they posed for photographs with the corpse and were fired after the incident. The aides allegedly arranged the woman’s body in various poses. Lawyers in the case state that this is a matter of first impression in Michigan nursing home abuse and neglect law because the nursing home law deals only with the treatment of patients, not corpses.

Again, this draws the question of what type of employees nursing homes are hiring to protect and treat its residents. Because of the current staffing shortage, nursing homes must often accept less quality employees in order to ensure that they are adequately staffed. However, when nursing homes are staffed by incompetent and insensitive employees, the nursing home abuse and neglect persists.

For the full article.

Last Friday, Heartland Community College and Illinois State University’s Mennonite College of Nursing co-hosted the “Consortium on Issues in Long-Term Care” that brought together nursing home instructors from six schools. Using ISU’s expanding teaching nursing home project as a model, the group focused on long-term care issues with goals of recruiting nursing students into nursing-home careers. The Consortium also included nursing home administrators who shared ideas with the faculty.

Currently, nursing homes are severely understaffed. Additionally, staffing issues are often cited as causes for nursing home neglect. The joint commitment that the Consortium shows brings hope that staffing shortages may be resolved in nursing homes. A second Consortium will be held in January at Southern Illinois University.

For the full article.

A current research study at the University of Missouri-Columbia discovered that medication errors may often go undetected in nursing homes. Because most nursing home residents are elderly and frail, even a minor error may have grave consequences. However, they are not always reported because the ‘front line’ staff often seems to be overworked. Nursing home staff admitted frustration, especially from disorganization and few felt well informed about what responsibilities were expected of them.

For the full article.