July 3, 2009

Appellate Court Recognizes New Cause of Action for Civil Rights Violations at Nursing Home

The Third U.S. Circuit Court of Appeals has ruled that the Federal Nursing Home Reform Amendments give residents of county-run nursing homes the right to bring civil rights claims under Section 1983 to challenge the quality of their treatment. The court says that these provisions make clear that nursing homes must provide a basic level of service and care for residents and Medicaid patients. Under this law, nursing homes “are required to care for residents in a manner promoting quality of life, provide services and activities to maintain the highest practicable physical, mental and psychosocial well-being of residents. The ruling revives a suit by the estate of a woman who died in the nursing home as a result of elderly neglect, malnourishment and bed sores that were so severe they led to a fatal case of sepsis. This nursing home decision will greatly impact nursing home negligence lawsuits. To read more about the appellate decision, please click the link.

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July 1, 2009

Nursing Home is Cited after Resident wasn’t Helped after Fall

A nursing home that caters to those with Alzheimer’s disease has been cited for the second time in five months for endangering the lives of residents by failing to property care for them. The nursing home received a “Type A” citation, which is the most serious, and a fine for $5,000 after the nursing home negligence. Investigators found that a resident was injured in the early morning after a fall and did not receive medical attention for injuries until family members arrived that afternoon and demanded that a doctor be called. Despite complaining of pain and stating that she believed she had a broken bone, the resident wasn’t seen by a physician until 3, almost 12 hours after her fall. The resident was taken to a hospital emergency room, where she was treated for a pelvic fracture, low blood pressure and a laceration on her elbow that required stitches. Investigators found that the nursing home failed to prevent accidents and ensure the safety of that resident and two others who had been injured in falls. To read more about the nursing home negligence, please click the link.

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Nurse’s Assistant Pleads Guilty to Abusing Patient

A nurse’s assistant admitted Friday she abused a patient in her care at a nursing home. The woman pled guilty to one count of misdemeanor abuse of a vulnerable adult. The nursing assistant had physically abused a patient by striking their buttocks. The patient was bruised and “visibly shaken by the event” but “wasn’t seriously injured physically.” The nursing home had dismissed the employee once the report of elderly abuse was entered. The assistant’s name will put her on a registry prohibiting her from working at any care facility accepting Medicaid for at least five years. Nursing home abuse can occur everywhere, including Chicago, Illinois. To read more about the physical abuse, please click the link.

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June 28, 2009

Families in Elder Abuse Case Use Networks to Cope

The families of alleged elder abuse victims are reaching out on social networking websites to spread the message of reform in long-term care facilities across the country. The families, who have formed under a group called Families Against Nursing Home Abuse, have pages on Facebook, Twitter and MySpace. At these sites, people can read reactions to elder abuse and get to know the alleged victims in words and photos. Victims are trying to get the community involved, and the attention of local people. They are committed to providing information and resources for the continuum of long-term care. Elder abuse can happen everywhere, even in Chicago, Illinois. To read more about the elder abuse, please click the link.

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June 26, 2009

Man Imprisoned for Sexually Assaulting Patients

A man who was once entrusted with the care of the elderly is now behind bars after being accused of sexually assaulting three female patients at an assisted living facility. The man is charged with three counts of sexual assault in the third degree. According to court documents he pinched three women’s bare breasts. He laughed while he sexually abused women in their late 80’s or early 90’s who all had dementia and cannot recall the incidents. Sexual abuse is all too common in nursing homes. If you or a loved one has experienced elderly abuse, please find an Illinois lawyer. To read more about the sexual abuse, please click the link.

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June 24, 2009

Man Charged with Sexually Assaulting Nursing Home Patient

An 84-year-old nursing home visitor was arrested for first degree sexual assault after he inappropriately touched an 87-year-old patient. Police say that a nurse saw the man pushing the victim down the hall into her room, then noticed he never came out. The witness says the curtain was pulled closed and when she opened it, the suspect was sexually abusing the victim. The man is a registered sex offender for the rape of a 13-year-old. He claims he was visiting his wife at the nursing home. The nursing home states that they took the correct steps regarding the sexual abuse. Nursing home employees must ensure that elderly negligence does not occur at the hands of visitors. If you or someone who love has been affected by nursing home negligence, find an Illinois lawyer. To read more about the sexual abuse, please click the link.

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Nursing Home Draws a Maximum Fine

A nursing home has been hit with a severe citation and the maximum fine of $100,000 in connection with a patient who wrongfully died from a preventable fall. The patient was recovering from hip surgery when she wrongfully died. He had been admitted for physical therapy and he fell twice within 24 hours. After the first fall the staff put an alarm on the patient’s gown. Despite the alarm, no staff member responded when the patient got out of bed and walked into the hallway. The man was stumbling out of bed and he pulled a mechanical device on his head. The device hit the man in the head and he died from blunt-force trauma. The facility’s decision to store a large peace of equipment that is easy to be overturned posed a hazard to the patients. After the nursing home negligence, the home was fined. It was also fined because it failed to closely monitor a patient who wandered away from the facility three times within nine hours. To read more about the elderly negligence, please click the link.

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June 23, 2009

Nursing Home Assistant Arrested in Sexual Assault

Police arrested a 24-year-old certified nursing assistant at a nursing home in connection with the sexual assaults of three elderly female patients over a one-month period. The man was arrested on suspicion of five counts of third-degree sexual assault. Two of the women are 92 years old and one is 89. They were all patients at the 60-bed nursing facility, which is a combination independent living, assisted living and skilled nursing facility. The sexual abuse was discovered after an internal investigation was launched. The man was fired immediately after the discovered elderly abuse. Sexual abuse happens in nursing homes throughout the country, including in Chicago, Illinois. To read more about the sexual abuse, please click the link.

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June 22, 2009

Nursing Home Employee Charged with Rape

The police have charged an attendant who works at the nursing center with two counts of first-degree sexual assault of a patient who lives at the nursing home. The man will be held without a bail until a bail hearing in 10 days after the nursing home abuse. The police were alerted when the director of the nursing home called to report that the patient told her that day that she had been raped that prior evening. The 56-year-old patient had a medical condition that has incapacitated her. The patient was able to identify the man who sexually assaulted her as an attendant who works at the nursing home. If you have a loved one that has been a victim of sexual abuse, please find an Illinois lawyer. To read more about the nursing home abuse, click the link.

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June 23 is Eldercare Workforce Alliance National Call-In Day

The Eldercare Workforce Alliance has declared June 23 national call-in day. In order to participate in this day call your representative and senators and remind them that a strong eldercare workforce is essential to real health reform. Call in order to combat the many older adults that do not receive the care they deserve because of an inadequately trained healthcare workforce. This may help combat elderly abuse here in Chicago, Illinois. To read more about the day, please visit the elder workforce alliance website.

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June 19, 2009

Caregiver Accused of Disabling Man

A former employee of a nursing home has been arrested on charges that she abused a disabled resident of the facility. The woman was arrested after receiving information from the state’s department of children and families. Witnesses observed the employee grab the victim by his feet and pulled him off the facility’s van, causing him to strike his head on the floor of the van, the running board and the pavement. Eyewitnesses were shocked by the elderly abuse that she had observed. The employee was immediately suspended after the physical abuse and soon quit working at the facility. She is charged with one count of abuse of a disabled person. Employees must have background checks in order to avoid nursing home abuse. To read more about the elderly abuse, please click the link.

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June 18, 2009

Woman awarded $1.3 Million for Elder Abuse at Nursing Home

A jury has determined that a woman suffered elderly abuse and neglect in 2006 at an elder-care facility and awarded her more than $1.3 million for past medical bills and damages. In October 2006, the woman was placed at the six-bed facility by her husband. The woman suffered from Alzheimer’s disease and was recovering from hip surgery. According to the nursing home negligence suit the victim fell at the facility and suffered a head contusion, broken ribs and a punctured lung. Caregivers at the facility placed her in bed but did not immediately call her doctor or family. The next morning, her husband found her nonresponsive and the victim was taken to the hospital. According to the trial, there was an inability to monitor, care for or even understand the needs of the elderly. Nursing home negligence often occurs when the staff is not prepared to deal with Alzheimer’s disease. To read more about the elderly abuse, please click the link.

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June 17, 2009

National Citizen Coalition for Nursing Home Reform’s Lobbying Activities Help Diminish Elderly Abuse

The National Citizen Coalition for Nursing Home Reform (NCCNHR) has created many programs to combat elderly abuse. They are currently conducting a survey of family council members to help NCCNHR learn more about councils and strengthening their ability to provide networking and support to family councils across the country. Additionally, the NCCNHR’s top legislative goal has been health care reform. They have also hoping for the passage of the Fairness in Nursing Home Arbitration Act, a bill that would do away with predispute arbitration agreements that consumers are often compelled to sign agreeing not to sue. The NCCNHR are also committed to the passage of the Elder Justice Act. This bill would improve opportunities for the elderly and those with disabilities to receive care in their own homes. NCCNHR has also joined the Joint Commission Long-Term Care Professional and Technical Advisory Committee. To read more about the work of the NCCNHR, please click the link.

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June 16, 2009

Nurse’s Aide is Convicted of Elder Abuse

Jurors returned a nursing home abuse guilty verdict in the trial of a former nurse assistant at a nursing home who was accused of striking a disabled resident in the groin and forcing water down his nose into his lungs through his oxygen tubing. The man was convicted of second-degree elder abuse in a single day trial. The victim was a brain-injured resident of the home in his mid-30s who was confined to a wheelchair, on oxygen much of the time and unable to care for himself. The nurse’s aide grabbed the water canister that was hooked up to the victim’s oxygen concentrator and held it up so that the water was forced down the tubing, up the resident’s nose and into his lungs. Elder abuse such as this is despicable and may occur throughout the country. If you or a loved one has experienced nursing home abuse, contact an Illinois lawyer. To read more about the elder abuse, please click the link.

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June 12, 2009

Proposed Bill would Name Sex Offenders Who Live in Nursing Homes

A lawmaker wants to require nursing homes to notify residents and their families when a sex offender moves into the facility. Under the current law, no notification is required, and nursing homes are not allowed to turn away applicants for being sex offenders. A new state bill would require licensed nursing home care facilities to notify residents and their families that a sex offender is living there. Notification would also be required if a person was imprisoned for a felony any time during the year long period of their application for admission. Nursing home legislation such as this will help diminish sexual abuse from fellow residents. There has been an increase in sexual abuse by fellow residents in Chicago, Illinois. To read more about the new nursing home legislation, please click the link.

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June 11, 2009

Two Separate Nursing Homes Fined for Patient Deaths

State officials have fined two nursing homes for providing care that was so inadequate that two patients wrongfully died. One case involved a woman who died from dehydration. The nursing home failed to give the 82-year-old woman sufficient fluids, which caused her to suffer dehydration and acute kidney failure. Another involved a staff member who failed to provide CPR to a man suffering a heart attack. The nursing home staff wrongfully believed that he was under orders not to be resuscitated. In reality, the man had an option specifically marked, “I do want CPR.” The nursing homes were fined for their elderly negligence violations. Elderly negligence can occur anywhere, including Chicago, Illinois. To read more about the nursing home negligence, please click the link.

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June 10, 2009

What Happens when an Elderly Abuse Victim Cannot Speak?

A daughter was horrified when she walked into an emergency room and saw dark bruises on her 88-year-old mother’s face. The daughter demanded to know what had caused these elderly injuries, but she has received no answers. That is because her mother is unable to talk, due to her advancing dementia. She has also been unable to walk or even roll over. Thus, it seems quite difficult that she could have given herself the bruises. While the daughter suspects nursing home abuse, she is unable to verify this. All the employees deny that any elder abuse occurred. This incident highlights how difficult it is to label elderly abuse when the victims are unable to speak. If you suspect that a loved one is a victim of elder abuse, find an Illinois lawyer. To read more about the physical abuse, please click the link.

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June 9, 2009

Nursing Home Not Caring for Patients

A neighbor observed that a nursing home was negligent when they saw residents wandering the streets at night. After picking the elderly man up from the middle of the street, the neighbor walked him to the home to confront them on what had happened. The nursing home claimed no elderly negligence stating that they would not allow residents to wander the streets, but a subsequent investigation found different information. Sheriff’s records from the law three months show that at least three missing persons reports had been made at the nursing home. It had also been cited for 50 pages of deficiencies. Wandering can be common with the elderly, and it is the duty of the nursing home to ensure their safety. To read more about the negligent nursing home, please click the link.

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June 8, 2009

Maggots Infest Nursing Home Resident

A nursing home was fined $16,000 by state regulators after a patient was found injured on the floor with maggots crawling out of his leg cast. The home was cited for nursing home negligence in that it failed to have a comprehensive care plan for the resident that included caring for his broken leg. The 120-bed facility failed to provide the necessary care and services to a resident with the cast and wound of lower leg which resulted in an infestation of maggots. The elder negligence report said the patient’s leg wound and cast was to be cared for every three days, but the nursing home could only provide documentation that it was cared for once a week. The same home was but on a “watch list” by state regulators because of its poor performance on recent inspections. One of these deficiencies included having poor polices to prevent elder abuse. Maggots can oftentimes be the result of nursing home negligence. To read more about the maggot infested cast, please click the link.

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June 7, 2009

Department of Health Angry with Alzheimer’s Facility

State Health Inspectors say patients at a local Alzheimer’s assisted living facility were left unattended. The assisted living residence cares for Alzheimer’s patients, but an unannounced inspection found seven residents attended only by a volunteer cook. An official called the violations “egregious.” The elderly negligence violations range from improper maintenance of smoke alarms to failure to maintain around-the-clock supervision by a qualified care provider. It is nursing home negligence for an Alzheimer’s facility to leave residents unattended. If you are aware of elderly negligence such as this, please contact an Illinois lawyer. To read more about the nursing home negligence, please click the link.

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June 6, 2009

Nursing Home Negligence Lawsuit Reaches Settlement

After almost four years the families of the 23 nursing home residents who died in a fiery bus while evacuating from Hurricane Rita have reached a negligence settlement with the nursing home company. The families have reached a settlement from the nursing home negligence settlement that reaches $80 million. In the chaotic week leading up to Hurricane Rita, Brighton Gardens quickly ordered buses for its residents and staff so they could evacuate to a sister facility in another city. On the way to the city, the bus caught fire and 23 residents wrongfully died. The families had claimed that the nursing home’s corporate parent and its bus broker failed to screen the coach company before contracting with them and used a bus that was unsafe. Since nursing homes are responsible for the safety of their residents, it was their duty to find safe transportation. To read more about the nursing home lawsuit settlement, please click here.

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June 3, 2009

Comatose Nursing Home Patient Sexually Assaulted by Nurse

The guardians of a comatose woman have filed a nursing home negligence lawsuit against the nursing home where their loved one was sexually assaulted by a male nurse. The nursing home abuse lawsuit claims that the center should have known that the male employee’s conduct would violate the woman’s privacy and dignity. The man pleaded guilty to aggravated sexual battery after the elderly abuse. He was sentenced last week to six months in prison for the sexual abuse. Nursing Homes must ensure that they hire employees who are not prone to commit sexual abuse. If you or a loved one has experienced elderly sexual abuse, find a Chicago lawyer. To read more about the elderly victim, please click the link.

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

The guardian of a disabled 95-year-old woman says the elderly resident fell and fractured both of her hips while under the care of a nursing home. The guardian filed a nursing home negligence lawsuit against the nursing home. When the elderly woman was admitted to the nursing home, employees were aware that she suffered from Alzheimer’s and dementia and was usually disoriented and confused. Despite this knowledge, employees allowed to wander unattended in the hallway during the middle of the night. During one of these walks, she fell and fractured her left hip. She was then left unattended in a wheelchair and without a personal alarm, injuring herself again when she fall. The lawsuit claims that due to the victim’s numerous falls and the nursing home employees’ negligence, the woman suffered pain of the body and mind and medical costs. To read more about the falls, please click the link.

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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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May 27, 2009

Two Women Face Elder Abuse Trial

Two women are set to stand trial on unrelated charges that they abused elderly patients in their care. One 27-year-old woman is set to go on trial for the elderly abuse of a 98-year-old woman in her care at the nursing home. The other 21-year-old woman is charged with elderly abuse after attacking a 76-year-old woman. They face up to five years in prison if they are convicted. One victim had bruises, a bite mark on her hand, scratches on her forehead and two bruised eyes. Both women passed background checks before being hired. It is important for all nursing homes to do sufficient background checks and all employees. This will help decrease the physical abuse seen in these two cases. To read more about the elderly abuse, please click the link.

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May 25, 2009

Nursing Home Loses Medicare and Medicaid Funds

More than two dozen residents of a nursing home that is losing its Medicare and Medicaid funding are being forced to move. The nursing home is having its certification pulled because of deficiencies found by state health inspectors. The deficiencies centered on medical and nursing home neglect. Inspectors found one resident with 17 pressure ulcers who was not receiving appropriate treatment that was ordered by a physician. Other examples of elderly neglect include some residents who were not being turned or cleaned and in some instances were not fed. Many residents had experienced severe weight loss. Other residents had not received assistance with meals to prevent severe weight loss. Many staff members were not following doctor’s orders to care for medical problems such as not monitoring blood glucose for diabetics. The Centers for Medicare and Medicaid Services allow three revisits to a nursing home to determine if they will terminate funding. To read more about the nursing home abuse, please click the link.

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May 24, 2009

Home Cited for Employee Cell Phone Use

State officials have cited a nursing home for improper cell phone use by employees. This citation took place after investigators said staff members took cell phone photos of residents. They then attached sexually explicit lyrics and sent them as text messages to other workers. States need to take action to protect residents against elder abuse. Illinois should ensure that nursing home employees should not use cell phones. To read more about elderly abuse, please click the link.

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May 22, 2009

Nursing Home Worker Charged with Elderly Abuse

A former nursing assistant was arrested and charged with felony elder abuse. The woman allegedly kicked a 76-year-old woman in the back and slapped her in the face. The elder abuser and two other employees were helping the elderly woman get up from a fall in the bathroom. Struggling to help the woman, the nursing assistant kicked her in the lower back while she was still down and then slapped her in the face when she was lifted to her feet. This physical abuse happens too often to nursing home residents. The woman faces one charge of battery on the elderly and one charge of elderly abuse, which are both felonies. If you believe that nursing home abuse has happened to one of our loved ones, find a Chicago lawyer. To read more about the elderly abuse, please click the link.

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May 21, 2009

Nursing Home Fatality Leads to Three Disciplined Employees

Three nursing home employees have been disciplined with elderly negligence after a state investigation revealed the death of a 93-year old resident at an assisted-living facility. The health department discovered the elderly negligence in that the employees each noticed that the deceased resident was not in his room but failed to report it. The elderly man either fell or jumped from his second-floor room, however his body was not found until the next morning. The man had suffered blunt-force injuries consistent with the fall. The report found that the first employee had responded to a call from the victim’s roommate requesting help in closing the window. While noticing that the victim was not present in his room, the employee negligently failed to inform anyone. Other employees believed that the victim had been hospitalized, yet confirmed this with no one. The protocol was for employees to notify a supervisor when a resident becomes missing. The victim’s body subsequently lay outside for at least 11 hours in freezing temperatures. Elderly negligence such as this often occurs at assisted-living facilities where residents are given more freedom. To read more about the elderly death, please click the link.

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May 19, 2009

State asks Nursing Home Employees to limit Cell Phone Use

A state is asking their nursing homes to limit employees’ use of cell phones to prevent improper use of the devices in incidents involving residents. This comes after an investigation that revealed that staff members attached sexually explicit lyrics to photos of residents and sent them as text messages to other employees. Documents also revealed that employees recorded patients screaming or asking to use the bathroom and then played a guessing game to see which resident was involved. This included photos of resident’s that were not fully clothed. One employee did not view this incident as elderly abuse, but rather fun. In an incident of nursing home abuse, an employee took a photo of a resident entering the bathroom. The photo showed the resident’s exposed back, legs and incontinence brief, which additionally was wet. This staff member than attached the lyrics of a song entitled “Stanky Leggs” to the photo and sent it to a nursing assistant. The nursing home has fired all those involved in the abuse incident. Illinois should consider enacting a law limiting cell phone use in nursing homes. To read more about the nursing home abuse, please click the link.

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May 18, 2009

Woman Charged in Elder Abuse Case

Three women have been jailed on elder abuse allegations that they were involved in a scam that bilked an elderly man out of more than $150,000 he received from a settlement. One woman is charged with two counts of financial exploitation of a vulnerable adult. The woman is also accused of forcing the 78-year-old victim to live in a shed in her back yard without plumbing. Investigators say the woman abused her power of attorney and her role as a caregiver, spent most of the money from the lawsuit settlement and then transferred what little she had not spent her account. Financial exploitation has become all too common amongst the elderly. To read more about the financial abuse, please click the link.

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May 17, 2009

Nursing Home Resident Physically Abused

Criminal charges have been lodged against a former nursing home worker for physically abusing an 88-year-old wheelchair-bound resident in the nursing home that resulted in a broken clavicle and other injuries. The complaint stated that he man admitted that he struck, grabbed and pushed an 88-year-old bedridden woman who was suffering form dementia and impaired vision. Nursing home staff noticed that the resident’s extensive injuries and notified their superiors. In addition to suffering from facial bruising, the complaint alleges that the resident sustained a fractured right clavicle. Elderly abuse occurs at nursing home throughout the country, including here in Chicago, Illinois. To read more about the physical abuse, please click the link.

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May 16, 2009

Nursing Home Patient Alleges Sexual Assault

The police are investigating a local nursing home after a 78-year-old patient alleged she was sexually assaulted by a male staff member. A resident at the nursing home claimed that a CN touched her inappropriately. The nursing home director reported the incident to police three days after it allegedly occurred. The suspect of the allegations is a 43-year-old man. If you believe someone is the victim of elderly sexual abuse, find a Chicago lawyer. To read more about the sexual abuse, please click the link.

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May 15, 2009

Elder Abuse Charged at Nursing Home

A health-care worker is charged with physically abusing an 88-year-old bed-ridden resident at the medical center’s nursing home. The man, a former-nurse aide, is accused of hitting, grabbing and punching the visually and dementia-impaired woman. This elderly abuse left her with a broken collarbone and facial bruising. The nursing home staff noticed the woman’s severe injuries the next morning and notified administrators and her family. The man has been charged with second-degree endangering the welfare of a vulnerable elderly person, endangering the welfare of an incompetent or physically disabled person and willful violation of health laws. The victim of the physical abuse continues to reside at the nursing home. Nothing in his background indicated past instances of abuse. If you have experienced elderly abuse, find a Chicago lawyer. To read more about the physical abuse, please click the link.

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May 13, 2009

Nursing Home Lawyers File Lawsuit Against Negligent Facility

A woman believes her mother died after nursing home negligence. The woman has filed a elderly negligence lawsuit against the nursing home. She also claims that her mother had a $400 ring stolen from her while she was in the nursing home. The victim was also being given medicines she did not order like insulin, potassium, antibiotics and Cumadin. In addition to filing a written complaint, the woman also said she made a complaint to the adult protective services division. Unfortunately, this type of nursing home negligence occurs everywhere, including Chicago, Illinois. To read more about the elderly negligence, please click the link.

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May 12, 2009

Area Nursing Home Employee is charged with Theft

A nursing home employee has been charged with felonies in the theft of a credit card from a patient at the home. The police say the 25-year-old employee stole a credit card and then tried to get money from the ATM machine. A bank employee called the police to report suspicious activity and the man threw the credit card in the trash can. He was charged with grand larceny, tampering with physical evidence and criminal possession of stolen property. Financial exploitation of the elderly has become all too common. To read more about the financial abuse, please click the link.

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May 11, 2009

During National Nursing Home Week learn how to find the Best Nursing Home

There are certain steps that a person should check when trying to find the nursing home that is best for them. First, you should find nursing homes in your area. Then it is important to compare the quality of nursing homes you are considering. One way to do this is to look at health inspections and fire safety inspection reports, nursing home staffing rates, and quality measures. Another important place to check is to see how many stars the received on their quality rating. After doing the research, visit the nursing homes you are interested in, or have someone visit for you, and talk to patients. Then it is time to choose the nursing home that meets your needs. Since it is National Nursing Home week, it is important to take all the steps to finding the right nursing home. To read more about nursing home choices, please click the link.

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May 10, 2009

Nursing Home Aide Accused of Sexually abusing 78-year-old Patient

A 52-year-old man who worked at a nursing home has been charged with sexually abusing a 78-year-old patient. The man is formally charged with felony sex abuse, misdemeanor third-degree sex abuse for the incidents, alleged to have place at the center for approximately a month. He is already facing sex abuse charges from his employment at another area nursing home. The man is accused of sexually abusing a physically helpless female patient by touching her breasts and vaginal areas in the evening hours. The man was already facing third-degree sex abuse charges based on an incident alleged to have taken place between August and September 2008. In that case this man allegedly French-kissed a younger female wheelchair-bound patient with multiple sclerosis. Too often those with criminal backgrounds become employed in nursing homes, even here in Chicago, Illinois. To read more about the sexual abuse, please click here.

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May 8, 2009

Man Charged with Molesting Fellow Nursing Home Resident

A 72-year-old man was arrested and charged with molesting a 53-year-old woman with the mental capacity of a 5-year-old at their nursing home. The man was charged with lewd and lascivious battery on a disabled person. The man was seen touching the woman’s breast. He had been warned several times to not have contact with her or engage in inappropriate conduct with her. Sexual abuse can oftentimes occur with residents, including here in Chicago, Illinois. To read more about the sexual abuse, please click the link.

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May 7, 2009

Man Sentenced in Nursing Home Sexual Assault Case

A man who pled guilty to sexually assaulting an elderly woman at a retirement home will spend close to 12 years in prison. Investigators say the man was already a registered sex offender when he broke in the nursing home and fondled an 85-year-old woman. He had additionally asked an 85-year-old man for sex. The man pled guilty to aggravated burglary, aggravated sexual battery and attempted aggravated criminal sodomy. Sexual assault can happen at many nursing homes, including ones here in Chicago, Illinois. To read more about the sexual assault, please click the link.

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May 6, 2009

Nursing Home Cited in 6 Deaths

Nursing Homes have been cited by state investigators for failing to perform lifesaving measures on residents who had requested that they be resuscitated. Two nursing homes have been cited for ignoring written orders that residents not be resuscitated. These errors show how using purple wristbands to identify residents who had signed a do not resuscitate order may be helpful. The nursing homes were sanctioned for their inability to follow orders. Legislatures in other states have enacted a nursing home law requiring purple wristbands. The hospital association is also considering using a red wristband to indicate allergies and a yellow wristband to indicate that a patient has a risk of falling. These wristbands would greatly help flag specific patients and woudl be useful in Chicago, Illinois. To read more about this nursing home legislation, please click the link.

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May 5, 2009

Abuse charges filed against Nursing Home Aide

A nurse’s aide at a nursing home was charged with abusing an 80-year-old female patient by tying her legs together during an eight-hour shift. The woman had no authorization to commit such physical restraint on the elderly woman. The victim suffered from Parkinson’s disease and dementia. She was incapable of caring for herself. Several unnamed witnesses saw the physical abuse. The woman is charged with endangering the welfare of a physically disabled or incompetent person and violating the public health law. This type of physical restraint is seen all over the country, including here in Chicago, Illinois. To read more about the restraint, please click the link.

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May 3, 2009

Man Jailed for Embezzlement and Elder Abuse

A man is currently behind bars after the embezzlement and elderly neglect of his own mother. The victim was diabetic, deaf in one ear and blind in one eye. The man is charged with one count of embezzlement of a vulnerable adult, which is felony. Additionally, once inside the victim’s home investigators say they found trash, clothing and dirty dishes strewn about the house. There was no running water and no heat. There was obvious elderly neglect with the victim being found on a urine-soaked, maggot-infested sofa. When the investigators lifted up the couch a pool of urine ran down the sides. The man was taking the money she got in assistance and using it for himself. This is an example of both financial exploitation and elderly abuse. To read more about the elderly neglect case, please click the link.

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May 2, 2009

Nurse Steals $22,000 from Elderly Man

A registered nurse stole more than $22,000 from an elderly man suffering from Alzheimer’s disease and then used the money to pay for expensive lingerie, delinquent tax bills, a trip to Atlantic City and more. The woman surrendered to authorities on various financial exploitation felony charges that could land her in jail for up to 15 years. The county’s prosecutor was appalled adding that it is disturbing for a registered nurse to steal from an Alzheimer’s patient. This case highlights that elder abuse is not just physical it can also be seen in financial abuse. If you believe you have been a victim of financial exploitation, find an Illinois lawyer. To read more about the nursing home negligence case, please click the link.

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May 1, 2009

Poor Care Led to Nursing Home Resident’s Death

A woman is alleging a nursing home’s substandard care of her mother resulted in her ultimate death. The elderly abuse lawsuit states that the woman suffered serious infections including numerous urinary tract infections. Additionally the nursing home staff is accused of failing to timely report these changes to the physician, resulting in delays in treatment. This, the family alleges, ultimately led to the nursing home patient’s death. The family members claim that this nursing home negligence has caused them mental pain and suffering as well as loss of companionship. To read more about the elderly negligence, please click the link.

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April 29, 2009

Nursing Home Pays $6.5 Million in Patient Death

A jury has awarded a family $6.5 million in a wrongful-death lawsuit. The man died two days after leaving the nursing home. A previous stroke had left the man rehabilitated, forgetful and always in need of water to drink. Jurors found the nursing home was solely responsible for the man’s death. When the man was found he had his clothes strewn about his room and a bloody rash on his groin from urine-soaked bedding. Doctors say he passed away as a result of the nursing home negligence. The man’s cause of death was dehydration and kidney failure. Jurors awarded the man $500,000 for pain and suffering before death and $6 million to his wife, their two daughters and three grandchildren for compensatory damages and mental anguish. To read more about the nursing home negligence lawsuit, please click here.

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Family Awarded $7 Million in Nursing Home Negligence

A Court decided that a family deserved $7 million for the nursing home neglect and wrongful death of their father. The man died after officials at a local nursing home neglected him to the point where his body was covered with 35 bedsores. The sores which were in advanced stages and infected, made it impossible to embalm his body. The nursing home negligence suit detailed how the man suffered from severe malnutrition, multiple urinary tract infections, pneumonia, severe dehydration leading to kidney failure and more. The injuries caused the man to suffer extreme and unnecessary pain, degradation, anguish, otherwise unnecessary hospitalizations, emotional trauma and death. The family sought compensatory and punitive damages for medical expenses, pain and suffering, mental anguish, loss of life, and funeral expenses. Unfortunately the family may not see any of the money, because the former owner and director of the nursing home had filed for personal bankruptcy. To find a nursing home negligence lawyer, please click the link.

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April 24, 2009

Nurse’s Aide Enters Plea to Abuse Charge

A 27-year-old nurse’s aide charged with abusing elderly couple has entered a plea of no contest. The man pled no contest but mentally ill to first-degree abuse of a vulnerable adult, which is a 15-year-old felony. A second count of the same charge had been dismissed as part of a pretrial settlement. The nurse’s aide had initially been charged with two felony counts stemming from a 2008 incident involving the elderly couple, both of them being 81 years old at the time. According the police, the man was at his usual shift and threw food all over the kitchen. When he came back the next morning to clean up the mess, he allegedly went into the living room and urinated on the head of the man’s wife. Unfortunately the woman is physically unable to care for herself. The man also allegedly poured liquid soap over the man’s head and threw soap around. After the man was charged it was determined that he was mentally incompetent to stand trial. It is unfortunate when mentally incompetent people are employees at nursing homes. To read more about the nursing home abuse, please click the link.

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April 23, 2009

Study Shows Many Nursing Home Problems Go Underreported

Serious flaws in the nursing home industry have been uncovered by a nursing home watchdog group. This group believes that unreported physical and sexual elderly abuse is occurring too often inside many nursing homes. The group spent a great deal of time on the Medicare website that was supposed to show what’s going on inside all nursing homes around the country. Even after a great elderly abuse scandal, the website still states that no deficiencies were noted at the nursing home. At one facility, someone saw an employee pick up a nightgown soaked with urine and that a worker shoved it in the resident’s mouth and told her to shut up. Still, the Department of Health didn’t note any deficiencies. This occurs because if deficiencies are not noted they do not show up on the Medicare website. The study showed that 80 percent of confirmed abuse cases in one state in the last four years didn’t get reported to the federal government. To read more about the nursing home abuse study, please click the link.

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April 22, 2009

Police Find Alzheimer’s Patient was Sexually Abused

Deputies were investigating a case of sexual abuse in a nursing home. Police say that they discovered an 81-year-old visitor fondling an 86-year-old resident with Alzheimer’s disease. The police say that the 86-year-old woman is not aware of her surroundings, and the elderly man is facing a charge of abuse of an incapacitated person. Police believe that the man is a relative of the sexual abuse victim. Sexual abuse can occur in nursing homes across the country, including Chicago, Illinois. To read more about the sexual abuse, please click the link.

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April 20, 2009

Three Accused of Extorting $100,000 from an Elderly Woman

Three people used lies and threats to persuade an elderly woman more than $100,000. The three became acquainted with the victim and came up with a variety of reasons why she needed to give them thousands of dollars at a time from her bank account. Once the flow of money stopped, the three started threats of violence against the elderly woman. They befriended her in the neighborhood so that they trusted them. The three have been charged with grand larceny, conspiracy and aggravated harassment. Experts note that elder abuse is far too common and typically committed by family members, caregivers or others who ingratiate themselves into the victim’s life. The 72-year-old victim would hand over almost $5,000 each month from her bank account. Scam artists and other abusers make themselves indispensable to elderly victims, who might need help or feel lonely. Financial exploitation has become all too commonplace across the country, including Chicago, Illinois. To read more the elderly abuse, please click.

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April 19, 2009

Ex Nursing Home Aide Admits to Nursing Home Abuse

A former nursing home aide has pled guilty to three counts of disorderly conduct against vulnerable adults. The 25 year old aide pled guilty to three of the six original elder abuse counts against her. Two of the victims of her elder abuse are dead and some others have dementia. The aide admitted wrongdoing against three residents of the nursing home. Among other allegations, the complaint alleged sexual humiliation of one elderly man, laughing and screaming at residents and hurting a resident by poking into a cancerous wound. This despicable behavior is seen at nursing homes across the country, including here in Chicago, Illinois. To read more about the elderly abuse, please click the link.

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April 18, 2009

Nursing Home Industry Makes Secret Survey and Enforcement Proposals to Congress

In a secret Issue Brief being circulated in Washington, the American Health Care Association (AHCA) is asking Congress to turn back the clock on nursing home residents. The AHCA wants to repeal the current statutory requirement for annual surveys and nursing facilities and go back to a 1982 proposal for less-than-annual surveys. This will undermine years of work toward greater facility accountability. The new legislation asks that nursing facilities in the “Top Tier” have on-site surveys only every three years. The AHCA does not define “Top Tier” facilities, does not describe how they would be selected, and does not identify how many facilities would avoid annual surveys under its proposal. The nursing home legislation proposal also excludes, long-standing statutory language that authorizes the imposition of various intermediate sanctions against facilities that fail to provide residents with the care and services they need. To read more about the nursing home legislation, please click the link.

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April 17, 2009

Woman Found Guilty of Elderly Abuse

A woman was convicted of elderly abuse nearly three years after the 76-year-old man’s body was found in his home. The woman faces up to 13 years in prison when she is sentenced. She was convicted of elder abuse with a “strike” for a previous robbery conviction and an enhancement for great bodily injury. The manslaughter charge was dropped after pathologist concluded that blunt force trauma did not cause the heart attack that ended the elderly man’s life. The man’s body was found after his caretaker called 911. Elderly abuse occurs everywhere, including Chicago, Illinois. To read more about elderly abuse, please click the link.

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April 16, 2009

Man Held in His Mother’s Suspicious Death

A man was taken into custody in connection with what police believe is a suspicious death of his mother. When Meals on Wheels went to deliver food to the elderly woman they believe that the elderly woman was asking for water. They went there again and did not receive an answer. When they went back the son answered the door, took the food and shut the door. The Meals on Wheels staff member called Adult Protective Services. The police had to force entry into the home, and when they entered the door the son immediately stated “Hey, I think my mother’s dead.” They found the elderly woman dead in the home. There were no obvious signs of foul play. The son was taken into custody for observation as a possible danger to himself or others. The results of the autopsy from the wrongful death are still pending. To read more about the elderly death, please click the link.

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April 15, 2009

Pair of Employees Indicted in Nursing Home Abuse Case

Two former nurse’s aides at a nursing home have been indicted on elderly abuse and neglect charges stemming from an investigation into an alleged 2008 incident. The indictments come as part of an ongoing investigation into alleged physical abuse of a former resident at the nursing home. One nurse’s age is charged with wanton abuse and neglect of an adult and the other is charged with reckless abuse and neglect of an adult. Earlier this month another employee pled guilty and was sentenced to 12 months in jail for reckless abuse and neglect of an adult. Elderly abuse can occur at nursing homes across the country, including Chicago, Illinois. To read more about the elderly abuse, please click the link.

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April 14, 2009

Elderly Abuse on the Rise

With the number of people losing their jobs and moving in with their elderly family members, elderly abuse is on the rise. Oftentimes people take the stress out on those closest to them. A victim’s advocate states that the elderly are being targeted right now and are often threatened by their abusers not to tell anyone or risk consequences. This is true for both physical abuse and financial exploitation. Elderly abuse occurs everywhere, including Chicago, Illinois. To read more about the elderly abuse, please click the link.

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April 12, 2009

Suspect Arrested in Nursing Home Abuse Case

Police have arrested a woman suspected in a nursing home abuse case. The arrest affidavit states that the suspect is wanted for abusing an 80-year-old woman. One of the nursing home staff noticed the victim’s closed door and the fact that her help light was activated. The employee went to check on the victim and saw the suspect striking the resident on her left hand. The worker than saw blood and the bed and reported it to the home. Other staff then noticed bruising beginning to develop on both of the victim’s hands and arms. The suspect, a certified nurse aid, admitted to “popping the victim” and holding her hands down and trying to fight with her. Physical elderly abuse can occur everywhere, including in Chicago, Illinois. To read more about the elderly abuse, please click the link.

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April 11, 2009

Nursing Home is alleged to have Predator Roaming the Halls

In a nursing home cradled in mountains, workers say a predator stalked the elderly in its halls. Authorities say that for nearly a decade, he fondled, groped and may have even sodomized patients. These were patients who may have not been able to walk, speak or see. The man was identified as a nurses’ aide and despite complaints from fellow employees, managers allowed him to stay in the position. His first complaint of sexual abuse was in 2000 of an elderly woman with early dementia. Despite numerous complaints there was never an investigation of the incident, despite state law requiring investigations of elderly abuse. The man finally resigned in 2007, several months after a police investigation of the home. To read more about the elderly abuse, please click the link.

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April 9, 2009

Guilty Plea in Nursing Home Wrongful Death

A healthcare group that ran nursing home pled guilty in a case that ended with the wrongful death of a resident. The investigation was launched after a former resident died in 2006. The woman had been transferred to a hospital where doctors found out she had breast cancer and died three months later. The prosecutors alleged that the nursing home was responsible for not finding the cancer. They alleged that the caregiver was obligated to protect the seniors and find the cancer. The doctor must also pay a $300,000 fine to make up for his nursing home negligence. To read more about nursing home negligence, please click the link.

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April 8, 2009

Man’s Death at Nursing Home is Under Investigation

An 86-year-old man, reportedly suffering from dementia, rolled down a short flight of stairs in his wheelchair at his retirement home and suffered fatal injuries. Sources say that the man was able to leave the oversight of his nursing home attendants and go through at least one security door, eventually coming upon the area where he suffered his injuries. He was found by the staffers and by the time EMS arrived the man had already wrongfully died. The man’s death is currently being investigated by the police. They say there is a very narrow timeline between the last time the wheelchair-bound man was seen between the attendants and the time of the death. They also said there should have been an alarm that went off when the man exited the nursing home. To read more about the nursing home death, please click the link.

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April 7, 2009

Worker Accused of Stealing from Patients at an Assisted-living Facility

An elderly woman discovered that her two gold rings, one with a diamond-encrusted flower, the other a pearl was missing from her room at an assisted-living facility. Police say that the ring was stolen and then pawned by an employee at the assisted-living facility. The employee was also charged with using the credit cards of two other elderly residents to buy clothing, shoes and even hair extensions. She has since pled not guilty to larceny and credit card fraud. She has since been fired and ordered by the judge to have no contact with anyone disabled or over the age of 65 as a condition of her release. Financial exploitation has become all too-common place in nursing homes and assisted-living facilities especially in Chicago, Illinois. To read more about the stolen goods, please click the link.

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April 6, 2009

Senator Hatch Reintroduces Elder-Abuse Bill

Senators Orrin Hatch and Blanche Lincoln have reintroduced a bill designed to help curb elder abuse. Hatch noted that more than 500,000 Americans over 60 are victims of domestic abuse. He wishes that this bill would protect the elderly from those who would prey upon them physically, financially and psychologically. The bill would order the federal government to collect data on elder abuse; penalize failure to report abuse and other crimes in long-term care facilities; provide Adult Protective Services grants with $100 million annually for four years; and create a council to coordinate federal, state and local response to elder abuse. The senator stated that the government spends $6.7 billion a year on child abuse and $520 million a year on domestic abuse, but only $153 million on elder abuse. Given that 76 million baby boomers will reach retirement age over the next three decades, that amount is quite small. To read more about the nursing home legislation, please click the link.

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April 5, 2009

Office Starts Training Program on Elder Abuse

In one state an attorney general’s office held training sessions to help people recognize elder abuse. About 100 people in fields relating to seniors such as long-term care personnel, nurses, social works and law enforcement officers participated. They wanted to train everyone in law enforcement to recognize elder abuse. Also there needs to be better public awareness to the types of abuses: physical abuse, sexual abuse, neglect and financial exploitation. Some of the training segments were based on responding to the type of crimes and pointing out the type of crimes to which older people are susceptible. The training came after the arrest of a 42-year-old who was charged with depleting $475,000 from a 90-year-old blind man’s bank account to pay of his mortgage. Police said the 42-year-old man encouraged the man to move his money from one bank to another. There was additional money that came up missing from the victim’s home. To read more about the training program, please click here.

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New Legislation Targets Nursing Home Bonuses

The United States Congress is considering nursing home legislation that would eliminate taxpayer-funded bonuses to nursing homes. This would be an amendment to a nursing home budget bill. The amendment was accepted to unanimous consent of the Senate, but is still waiting to be approved. Nursing homes throughout the country are earning hundreds of millions of dollars in taxpayer-funded bonuses despite violations of basic health and safety standards. The Centers for Medicare and Medicaid Services, which approves and helps fund each of the bonus programs, does not track the payments. Okalahoma senator Tom Coburn believes that taxpayers shouldn’t be billed for bonuses paid to inferior care facilities. "We paid out in excess of $300 million in bonuses to nursing homes that had significant problems in terms of giving the care and meeting Medicare standards," he said. "Why? Why wouldn't we fix that?" To read more about the national nursing home legislation, please click the link.

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April 3, 2009

3 Women Plead Guilty to Crimes against a Nursing Home Resident

A trio of women pled guilty to crimes against a nursing home resident. The three women stole a nursing home patient driver’s license and social security card. She and the other defendants used them to obtain credit cards, cell phones and other goods and services totaling more than ten thousand dollars. All three women will have to pay restitution fines to the elderly victims. Financial exploitation of the elderly is becoming all too commonplace. To read more about the financial abuse, please click here.

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April 2, 2009

Number of Assisted Living Lawsuits Growing

There are a growing number of lawsuits alleging assisted living nursing home abuse and neglect in the fast-growing industry. One such lawsuit resulted in an $11 million verdict after a jury determined that an assisted living facility was responsible for a man’s wrongful death. The autopsy of the man revealed a number of foreign objects such as plastic bags, catsup packets and candy wrappers in the man’s stomach. Since 1998, the number of assisted living facilities in the US has grown to 38,000 and 1 million seniors live in some sort of facility. Since these are not designated as medical care facilities, assisted living communities are not as regulated as the nursing home industry. The lack of regulation in this community has opened the door to elder abuse and neglect. Attorney Steven Levin of Levin & Perconti was quoted in the article stating that his firm reached a $2.5 million settlement with an assisted living facility in Chicago last year after a resident suffered from 20 pressure sores. He said, “[o]ftentimes, assisted living facilities are keeping residents that they don’t have the capacity to care for, but the family goes along because they prey upon families.” Assisted living centers have the same responsibility as nursing homes to take care of their residents. To read more about the assisted living home crisis, please click the link.

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April 1, 2009

CMS Unveils Pilot Incentive Program to Enhance Nursing Care

The Centers for Medicare & Medicaid Services (CMS) plans to test a pay-for performance program to improve the quality of care in nursing homes. In Medicare-certified nursing homes based in Arizona, Mississippi, New York and Wisconsin all homes will be invited to join the Nursing Home Value-Based Purchasing demonstration project, which will run for three years. The program starts in July and expects to enroll at least 100 homes from each state. The program will have participating institutions being awarded on the basis of staffing measures, avoidable hospitalizations, resident outcomes, and deficiencies identified during inspections. The homes which score the highest and that show the greatest improvements over time will receive payments. CMS is expecting to pay for the program with money saved by reducing avoidable hospitalizations through improved performance. The funds will be placed into state pools from which incentive payments will be drawn. If this program is successful it will hopefully come to Illinois. To read more about the nursing home program, please click the link.

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March 31, 2009

Gunman Kills Eight in Nursing Home

Detectives believe that a gunman may have killed eight people in a nursing home because his estranged wife was employed there. The 45-year-old man went on a terrifying rampage on a Sunday morning, killing seven nursing home residents and one nurse. He also wounded three other people. The ex-wife of the gunman said that he had violent tendencies. The gunman is charged with eight counts of first-degree murder and a charge of felony assault of a law enforcement officer. Many of the victims were elderly residents at the nursing home. Some had Alzheimer’s and Parkinson’s disease. The nursing home was closed after the attack so that authorities could gather evidence inside and out. To read more about the nursing home tragedy, please click the link.

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March 30, 2009

Report Details Abuse at Local Nursing Home

Several residents of a local nursing home suffered repeated physical and sexual abuse at the hands of their fellow residents. State officials state that the nursing home management failed to stem or report any of this alleged abuse. Victims included both male and female residents at the nursing home which is on the federal government’s list of the nation’s most troubled nursing homes. Some residents targeted their neighbors still live in the 140-bed nursing home. Allegedly, nursing home employees didn’t prevent aggressive patients from striking time and again. The nursing home was also cited for problems with patient confidentiality, incomplete medication records, improper care for bedsores and not preventing residents from falling. The nursing home is own by the Milwaukee-based Extendicare Health Services Inc. Assault between nursing home residents happens all too often, including here in Chicago, Illinois. To read more about the failing nursing home, please click the link.

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March 29, 2009

Case Workers Charged with Elderly Abuse

Three case workers with the department of social services are facing elderly abuse and neglect charges after leaving an elderly man in care of his ill-equipped daughter. The three employees were charged with misdemeanor abuse or neglect after they found the victim in the bed unable to move. According to documents the officers found the man lying in bed in a soiled adult diaper covered in feces and in bed sheets covered in urine. His caretaker had a blood alcohol level of .204. Police had alerted the social service workers to their concern and they had assured authorities that the man was safe with his daughter. Unfortunately, family members are not always able to give proper care to their elderly parents and this often results in elderly negligence. To read more about the elderly abuse, please click the link.

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March 28, 2009

Nursing Home Settles for $600,000 in Wrongful Death

The owner of a nursing home for developmentally disabled adults has agreed to a $600,000 out-of-court settlement with the family of a man who died after he was physically restrained by his caregivers. The 30-year-old man died in late October. An investigation determined that the man died from “excited delirium” which is a condition traditionally associated with police death-in-custody cases, in which struggling suspects suddenly stop breathing after being forcibly restrained. Depositions would show that the employees violated both regulations and the care’s home policies. On the day of the incident, the employees went to the room after the young man became unruly. When an employee went in to check on him, he began calling his caregivers names. After asking the victim to “self-restrain” two employees pinned him down. It was during the struggle that the victim stopped thrashing around and wasn’t breathing. Physical restraint can oftentimes become problematic for nursing homes. To read more about the wrongful death, please click here.

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March 27, 2009

Elderly Neglect Case Leads to Charges

Charges have been filed against three employees at a state’s social service department after an investigation into the well-being of an 85-year-old city man. They were chargd with elderly abuse and neglect of an incapacitated adult. Police checked on the 85-year-old man and found that the man was a victim of elderly neglect. Additionally, the man’s daughter was charged with felony abuse and neglect of an incapacitated adult. To read more about the elderly neglect charges, please click the link.

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March 26, 2009

Elderly Woman Raped at Nursing Home

Authorities believe that an 87-year-old woman with dementia may have been sexually assaulted at her nursing home. The woman is currently being treated for pneumonia where she is in serious condition. Nurses found evidence during the examination that she may have been molested at the nursing home. The woman’s daughter believes that pictures show that her mother was sexually assaulted. The woman also asked that a rape kit test will be done on him. Although no previous incidents of sexual assault have been reported, eight complaints have been filed since 2006. Investigators have been unable to interview the elderly sexual assault victim because of her condition. To read more about the sexual abuse, please click the link.

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March 24, 2009

Jury Awards $11 Million Verdict in Assisted Living Case

A jury awarded a landmark verdict of $11 million to the widow of a 36-year-old man who died after ingesting foreign objects while in the care of Liberty Manor Residency. The nursing home verdict awarded $2 million for the decedent, $5 million for the wife and $4 million in punitive damages. The decedent had suffered a severe traumatic brain injury as a result of a car accident. He then needed to be placed into an assisted living facility. One day she received a call saying her husband had been vomiting. After the wife rushed him over to the hospital, he continued vomiting and died in her arms. The autopsy showed that he had ingested a number of items, including plastic bags, unopened ketchup packets, candy wrappers and paper towels in the victim’s stomach and small intestines. At trial, it was discovered that the assisted living facility had made numerous false entries in their charts in regards to the man’s care. To read more about the nursing home verdict, please click the link.

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Official says elder abuse cases being investigated

An agency director takes issue with a recent report that claimed that the county stopped providing services to protect elder abuse. The report stated that the county was in violation of the Elder Abuse and Dependent Adult Civil Protective Act, which mandates local governments to provide elder abuse protection to seniors.

To read more about the elder abuse cases.

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Nursing Home Scrambles after Signs of Sexual Assaults

A nursing home is claiming it took extraordinary measures to protect residents when it feared that three women with Alzheimer’s disease had been sexually assaulted last fall. A police investigation and medical exams of the three women were inconclusive. The nursing home had guards at its doors to register and escort visitors, sent eight male employees home with pay and called in national experts to examine all male and female residents in the 117-bed facility. The facility also retrained staff on how to spot sexual abuse and for more than a month used a “buddy system” to ensure that no resident was alone with an employee or visitor. Despite their efforts, the Department of Health cited the nursing home twice during its investigation for inadequate measures. The “immediate jeopardy” citations were given because the nursing home failed to adequately protect residents and failed to take immediate corrective action. These changes were implemented because there is a growing public awareness that residents with dementia are particularly vulnerable to physical and sexual abuse. To read more about the elderly abuse, 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.

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US Senators Reintroduce Bill to Raise Standard of Care in Nursing Homes

Senators Chuck Grassley and Herb Kohl reintroduced the Nursing Home Transparency and Improvement Act, a bill that would give consumers more information about individual nursing homes and their track record of care, giving the government better tools for enforcing high quality standards. Grassley was quoted as saying that "Improving the quality of care in nursing homes is a constant challenge. More transparency, better enforcement and improved staff training are needed, and this legislation works to make changes in those areas and improve the quality of life of nursing home residents and to empower the family members and loved ones of those residents." Among other things the bill improves staff training to include dementia management and abuse prevention training as part of pre-employment training. It also strengthens accountability requirements for individual facilities and nursing homes chains by requiring them to develop compliance and ethics plans to guard against civil, criminal and administrative violations. To read more about the new nursing home legislation, please click the link.

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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.

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