June 30, 2010

Participate in Elder Abuse Events in July

Tomorrow marks the beginning of Elder Abuse Month in Illinois. To raise awareness for the all too prevalent elder abuse issues, communities across the state will participate in events aimed at eliminating the abuse of our vulnerable seniors.

Erma Davis-Williams, the Program Director of Elder Services/Elder Abuse for the Centers for New Horizons called on all Illinoisans in The Chicago Tribune to take steps to raise awareness of the neglect faced by tens of thousands in the state each year. She explains how the US Administration on Aging estimates that 700,000 to 3.5 million seniors are abused in the country each year.

However, the widespread nature of elder abuse is never fully appreciated because only one in five instances of abuse is even reported. To help ensure that no older American is abused without someone stepping up to stop the neglect, Ms. Davis-Williams recommends everyone take simple stops to raise awareness of the issue. She recommends ten simple ideas to help this month, from volunteering a few hours in a nursing home and giving a caregiver a break to visiting an elderly loved one and sponsoring elder respect programs in local schools.

There are countless ways to contribute your time, thoughts, and skills to help make the life of a senior a little easier this month. Our elders remain the most vulnerable residents of our community. Our Chicago elder abuse attorneys at Levin & Perconti understand the perilous situation faced by elder residents in Illinois. We encourage all community members to remain extra vigilant to any elder abuse or neglect around them. Be sure to report any suspected abuse immediately, because even a short delay may be too late for a suffering senior citizen.

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June 25, 2010

Negligent Illinois Nursing Homes Fail to Check for Dangerous Residents

Illinois Attorney General Lisa Madigan’s “Operation Compliance” netted another wanted criminal hiding in an Illinois nursing home this week. The St. Louis Post-Dispatch reports that Police officers raided the Virgil Calvert Nursing and Rehabilitation Center on Thursday where they found wanted drug fugitive Rothford Davis in hiding.

Twelve Illinois nursing homes have been searched by authorities since the beginning of the operation. Fugitives have been found hiding in all twelve of those raids. Overall, Illinois authorities have found 61 people with arrest warrants hiding in Illinois nursing homes. Besides catching wanted fugitives in these homes, the raids have also allowed authorities the opportunity to review safety plans and compliance issues at these facilities. These repeated examples of nursing home negligence is a startling but sober reminder of the irresponsibility of many providing care to elderly residents in Illinois.

Operation Compliance was formed in February in response to negligence by the Emerald Park Nursing Home in the Chicago area. Emerald Park had failed to follow through with required background checks on potential residents. Facilities are required to perform these checks in Illinois to ensure that residents do not possess criminal records that might present a threat to other residents. The Attorney General ultimately shut Emerald Park down because of its inadequate care.

Shutting facilities down is often the only way to protect many vulnerable elderly residents in the state, because many facilities have been found to repeatedly violate the law. Virgil Calvert, for example, had been inspected earlier this same year with authorities finding two sex offenders living in the residence. Illinois state law requires that nursing homes have special arrangements in place for any residents with backgrounds that indicate they may pose a threat to other residents, like previous sexual offenses. That is just one of many requirements under the Illinois Nursing Home Care Act with which these facilities often fail to comply.

Our nursing home attorneys at Levin & Perconti are experts in helping uncover similar examples of nursing home abuse in Illinois. They have fought for years to protect the vulnerable residents of these facilities from the negligent care and lax safety procedures that they are all too often provided. Contact our attorneys or other nursing home lawyers if you suspect similar abuse at a local nursing home.

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June 22, 2010

Systematic Negligence Sparks Elder Abuse Lawsuit at Nursing Home

The Globe Gazette recently reported on a new lawsuit alleging nursing home negligence by the Good Samaritan Society of Albert Lea. The suit charges nursing home staff with failure to properly supervise four teenage certified nursing assistants alleged to have committed a wide-range of abuses on their elderly residents.

The abuse was carried out unabated over the course of four to six months. It included sexual groping of the residents and repeated physical beatings. The teenage assistants also went so far as to explain to one particular resident that the facility was actually a prison in an attempt to confuse and torment the mentally impaired elderly victim.

This is the fourth lawsuit stemming from the elder abuse at this facility. Police reports indicate that 15 residents with Alzheimer’s disease were abused by the four nursing home staff members. In each case the victims have charged the nursing home with failure to screen employees and failure to supervise their actions to prevent abuse and neglect.

The physical dependence of residents at these facilities makes them especially vulnerable to both physical and sexual assault. The patients in these cases had severe cognitive impairments, making it difficult for them to explain the extent of the abuse. It is for that reason that administrators at these facilities must be especially diligent in screening all potential employees. Once hired, administrators must ensure that employees are properly trained to provide adequate care for elderly residents and closely monitored to ensure that no abuse or neglect occurs. Their failure to do so can have devastating effects, as seen in these cases in Albert Lea.

Our Chicago nursing home attorneys at Levin & Perconti know the price of nursing home abuse and neglect all too well. We have filed suit and won numerous multi-million dollar verdicts and settlements for Illinois elder abuse victims and their families at the hands of unsupervised, untrained, and unmonitored nursing home staff. Be sure to contact a nursing home lawyer if you suspect a loved one is a victim of this type of negligence.

June 16, 2010

White House Recognizes World Elder Abuse Day

On June 15, 2010, we honored the 5th Annual World Elder Abuse Awareness Day. In 2006, The International Network for the Prevention of Elder Abuse allied with groups around the world to advance the public’s knowledge of the perils that face our older population.

According to the White House Blog, elder abuse, neglect, or self-neglect is a problem that affects between 700,000 to 3.5 million Americans every year. Those mistreated elders are 300% more likely to experience premature death than those who are not harmed. In addition to abuse by relatives and friends, nursing home abuse and neglect accounts for a large portion of these injuries. A disproportionate amount of victims are females. Many forms of elder abuse are recognized as types of domestic violence. In 2006, the Violence Against Women Act (VAWA) apportioned funds to help these victims. However, only 1% of the VAWA funds are dedicated to older women.

Research has shown that elder abuse, neglect or exploitation is significantly under-reported and under-identified. As little as 1 in 6 cases are reported to authorities. Due to the high number of victims, it is crucial that this problem is highlighted for people to understand the extent of the problem. There were global observations of World Elder Abuse Awareness Day, including here in Chicago, Illinois.

The National Center for State Courts has created a new website, Centers for Elders and the Courts, to focus attention on this topic. The website educates and provides resources for anyone wanting to know more about state laws, guardianship, aging issues and elder abuse.

Although World Elder Abuse Day has passed, we believe it is important to raise awareness surrounding elder abuse year round and encourage every person to acknowledge this issue. If you suspect that someone you know has been a victim of elder abuse at the hands of a nursing home, assisted living facility or home health provider, contact a Chicago elder abuse lawyer to discuss the possible case.

June 12, 2010

The Many Faces of Elder Abuse

People frequently hear or read the term elder abuse, but few understand what constitutes abuse of older citizens. The term describes any type of wrong committed against an older person including emotional, physical or sexual violence or abuse. According to the National Center on Elder Abuse, it is difficult to determine the number of elderly people who fall victim to abuse because incidents often go unreported because they frequently occur in a domestic setting. There is also no national database to track the incidence of abuse among elders. However, a study by the National Research Council Panel to Review Risk and Prevalence of Elder Abuse and Neglect estimates that 1-2 million older adults have been victims of abuse.

Elder abuse occurs in many ways and caregivers are often the culprits. The different types of elder abuse include:

-Physical abuse: When someone uses brute force to inflict pain or injury to an older person.

- Neglect: When a caretaker fails to perform their duties to deliver life’s necessities or protect the well-being of an older person who relies on them.

-Financial abuse and exploitation: When someone misuses an older person’s money or assets.

-Emotional abuse: When a person uses verbal assaults, threats or harassment to inflict pain or anguish on an older person.

-Sexual abuse: When a person participates in sexual acts with an older person without their consent.

-Nursing home abuse: When a resident falls victim to any type of abuse in a long-term care facility.

Elder abuse is a growing problem and it is important to raise awareness in order to protect this vulnerable population. If you suspect that a loved one has been the victim of ANY type of elder abuse, contact an elder abuse lawyer who can help you take legal action to ensure that wrongdoers are held accountable for the harms caused. If you believe that an acquaintance, neighbor, or any older person is being abuse, you can also call the Illinois Elder Abuse hotline to report it: 1-866-800-1409.

May 29, 2010

Nursing Home Abuse Horror Story Shocks the Conscience

CBS news is reporting the horrific tale of a nursing home abuse caught on camera. This story involved a nurse, who was supposed to be caring for a patient, dump the elderly woman out of her wheelchair and onto the floor. This has led the state’s attorney general to file criminal charges against the nurse. This was an easy indictment considering the fact the entire video was recorded by a camera implemented to protect the patients. The video shows the employee pushing a medication cart. The employee then suddenly abandons the car and heads towards the elderly patient in the wheelchair. The employee then jerks the chair sharply to the left and the 85-year-old woman who suffers from dementia, goes flying to the ground. It is during this fall that she breaks her hip. The worst part of the story occurs next. While the elderly patient is flailing on the ground with a broken hip, the employee simply walks right by the patient. After walking by twice and not offering any assistance, the employee leaves the area. To check out this story of the nursing home abuse, please click the link.

An expert in nursing home care was absolutely startled by the speed in which the employee grabbed and spun the chair. He also stated that these actions were clearly those of nursing home negligence. The elderly patient was not only in a great deal of pain but also quiet frightened. She lay on the floor for more than two minutes before another employee arrives on the scene. Even when another employee did come, he does nothing while the patient writhes on the floor for another minute. There was an extreme lack of urgency in the employee’s action. All nursing home employees should be screened so that this type of elder abuse does not occur. These egregious actions from both employees are proof that a stricter screening method is required for those whom we entrust with the lives of our elderly loved ones.

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May 13, 2010

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

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

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

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

May 7, 2010

Nursing Home is Closed After Numerous Acts of Negligence are Discovered

NBC news is reporting that surprise inspections by a state’s investigators found deplorable living conditions at a nursing home. This nursing home is now closing its doors to all residents. These surprise inspections found 37 pages of nursing home violations. Reports show that patients were left in beds that were unmade and had soled sheets. These linens were worn thin and were colored brown. Some residents’ hair were found to be greasy and unkempt.

The nursing home investigator also found that the facility did not ensure medications were administered correctly. The medical records were also in boxes that had been soaked in pooling water. Shockingly, one nurse cleaned an open pressure ulcer with a fecal smeared washcloth that she had earlier used to clean the patient. Currently, 79 patients reside in the nursing home that has been riddled with nursing home negligence. Also, 90 nursing home employees will be out of jobs once the facility is closed.

In Illinois, the Illinois Department of Health requires that nursing homes maintain the dignity of residents by keeping each home clean. This includes having staff ensure that nursing home residents are not sitting in urine or feces and that rooms and beds are properly cared for. If you believe that a nursing home is committing health violations, please consult a Chicago nursing home lawyer and the Illinois Department of Health. It is important to keep the IDPH informed of any violations that are witnessed. To read more about this specific case of nursing home abuse, please click the link.

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April 16, 2010

Nursing Home Lawsuit Filed After Victim Develops Pressure Ulcers

A victim of nursing home neglect has filed a lawsuit after she experienced unnecessary pain from a pressure sore on her lower backside. The pressure ulcer had grown to the width of a grapefruit and was an inch deep, according to The Arizona Daily Star. Additionally, the bedsore had eaten through muscle and bone on the victim’s body. The victim has since filed a wrongful-death lawsuit against the nursing home.

The resulting pressure sore may have been the result of poor staffing levels. This also may have contributed to a wheelchair fall that the victim sustained, causing her head, arm and leg wounds. After this fail she was transferred to a medical hospital. The severely infected pressure sores that she developed caused her sepsis and eventually her death. The victim’s family is contending that if she would have been adequately turned and repositioned that her pressure sores would have been prevented or minimized. This would have most likely minimized the risk of infection. To read more about this specific pressure ulcer case, please click the link.

Pressure ulcers are much easier to prevent than to heal. Therefore, nursing homes most check a patient’s skin several times a day and make sure it is dry. It is also imperative that a nursing home patient’s skin be kept clean. This can be done with a mild soap and warm water. Nursing home employees should also gently pat the skin dry. To learn more about the causes of pressure sores, please check out the link.

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April 9, 2010

New Alzheimer’s Disease Test Offers Hope of Early Detection

A new test offers hope that Alzheimer’s Disease can be diagnosed and treated at an earlier stage. The Journal of Alzheimer’s Disease reports in its April issue that researchers have developed a new test, called a computerized self test, to detect brain conditions such as Alzheimer’s Disease. The short and interactive online test gauges impairments in a person’s basic functions of thinking and processing information that are affected by brain injuries and cognitive impairment like Alzheimer’s Disease. The new test is easy for medical providers to administer to patients and is much more effective at detection than older tests. While current tests used to diagnose Alzheimer’s Disease are approximately 70% accurate, this new test has a 96% accuracy rate. Accuracy is extremely important because early detection of Alzheimer’s Disease means a better chance for a patient to receive effective treatment for this brain disorder. The researchers developed the test after recognizing that 60% of Alzheimer’s Disease cases were not diagnosed in a primary care surrounding, leading to a delayed detection and lost treatment opportunities.

The Alzheimer’s Association defines Alzheimer’s Disease as an incurable, progressive brain disorder that destroys brain cells, causes memory loss, and creates thinking and behavior problems. If Alzheimer’s Disease is diagnosed at an early stage, people who suffer from it have more time to make life choices and plan for their future, and have an increased chance of benefiting from treatments that delay the debilitating effects of this brain disorder.

The effects of Alzheimer’s Disease can be severe and patients are often moved into nursing homes so that medical providers can provide permanent care for them. According to Alzheimer’s Association, half of all nursing home residents suffer from Alzheimer’s Disease or a similar disorder. Chicago nursing home lawyers at Levin & Perconti are experienced at representing residents suffering from Alzheimer's who have been victimized by abuse and neglect. For example, our Illinois nursing home negligence lawyers received a $700,000 verdict for the family of a nursing home resident affected by Alzheimer’s Disease who was hit by a car and died when nursing home staff negligently allowed the resident to wander away from the nursing home.

March 18, 2010

Punitive Damages Awarded In Nursing Home Pressure Sore Lawsuit

A Philadelphia jury issued a $5 million punitive damage claim against Jeanes Hospital and a Wyncote nursing home in the death of a man who suffered from fatal bedsores. According to an article in the Philadelphia Inquirer, this is only the second time a jury awarded punitive damages in a nursing home case in Philadelphia. Compensatory damages in nursing home cases are expected; punitive damages are awarded only when a jury finds that a facility had engaged in "outrageous and reckless conduct.” In this case, the plaintiff went to the nursing home after suffering weakness and confusion. The doctors failed to identify that he was suffering from a urinary tract infection. As a result, the infection worsened and left him susceptible to bedsores that ultimately killed him. Furthermore, workers at the nursing home and hospital allowed the pressure sores to fester and the patient to go malnourished to the point that he lost 28 pounds. This verdict will help the Chicago nursing home attorneys at Levin & Perconti spread the message that this type of negligent nursing home care is deplorable and will not be tolerated.

March 5, 2010

U.S. Supreme Courts Rules Nursing Home Resident has a Private Right of Action Under FNHRA

The U.S. Supreme Court has denied certioria in a case where the Third Circuit Court of Appeals said that a nursing home resident and Medicaid recipient may sue their facility under 42 U.S.C. § 1983 for violations of the Federal Nursing Home Reform Amendments (FNHRA). The plaintiff in the case was a nursing home resident and Medicaid recipient. After the victim wrongfully died her daughter filed a nursing home lawsuit against the facility under a §1983 action. The nursing home lawsuit claimed the facility violated the FNHRA by not providing proper care. The nursing home tried to commit the complaint by claiming that the FNHRA does not provide an enforceable right of action through §1983. They argued that FNHRA only sets forth requirements that a nursing facility must comply with in order to receive federal Medicaid funds. The district court did agree with the nursing home, and the victim appealed the ruling.

Luckily, the Third Circuit reversed the district court’s ruling and held that the FNHRA does give Medicaid recipients rights and remedies under §1983. Elder Law Answers reported that the appellate court reasoned that both as a nursing home resident and Medicaid recipient, the victim was an intended beneficiary of the FNHRA. The court believed that the language of the FNHRA laid out specific enforceable rights for victims of nursing home abuse. Recently, the U.S. Supreme Court denied the writ of certioria and rested on the Third Circuit’s ruling. They believe this will cause all nursing homes to rethink patient’s rights. The Chicago nursing home lawyers agree the rulings of both the Third Circuit and the U.S. Supreme Court and thank them for their support of nursing home rights.

February 17, 2010

Facility Faces Nursing Home Abuse and Neglect Allegations

A nursing home investigation is being launched against a home that is alleged to have committed elder neglect. The investigation began after a daughter found her 86-year-old father slumped in his wheelchair. The elderly man was then taken to the hospital where officials reported that he was wearing three soiled diapers and they believed he had not been washed for days. Additionally, DCFS has received seven allegations of elder abuse or neglect since the month of December at this nursing home. These investigations can take up to 60 days to determine if there was elderly neglect. Another family member found her father bruised with feces running down his legs. There were reports about bad rashes from some of the patients. It is imperative that nursing homes constantly monitor patients to ensure that they are clean and safe. Abuse allegations such as these oftentimes occur when nursing homes are understaffed. Keeping patients clean and happy should be a top priority of all nursing home agendas.

The nursing home in question has only been granted one star by the Center for Medicare comparison ratings. This specific nursing home had 21 deficiencies. This is compared to the state average of nine. The nursing home compare website is a useful tool that will aide those in choosing a nursing home avoid those homes that may commit elderly neglect. The website gives home a star rating, with five being the best and one being the lowest. This was an important step that the government took to decreasing nursing home abuse.

To read more about this specific allegation of nursing home abuse, please click the link.

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January 27, 2010

Nursing Home Focus of a State Investigation

Two nursing home abuse lawsuits were filed alleging physical and sexual abuse of residents with dementia. The nursing home was the focus of state investigations and widespread publicity about elderly abuse in early 2008. Six aides were charged with abusing the seven residents. Officials at the nursing home said they were never aware of the alleged elderly abuse until another aide reported it. The criminal complaints along with the Health Department reports stated that the aides spat in the residents’ mouths, poked and groped their breasts and genitals and at times taunted them until they screamed and then laughed. To learn more about the nursing home abuse, please click the link.

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January 15, 2010

Nursing Home Company to Pay Criminal and Civil Penalties

A nursing home company who left some residents’ pressure wounds untreated for so long that maggots infested the wounds are now required to pay civil and criminal fines. The US attorney’s office also stated that the staff did not bathe, adequately feed or provide toileting for people. Most importantly the company cheated Medicare. The company, Cathedral Rock, and its founder will pay the government more than $1.6 million in criminal and civil penalties. Even though the company admitted defrauding Medicare and Medicaid by submitting false statements, they will continue to receive taxpayer healthcare payments. The nursing home lawsuit concerned five homes. There were allegations of maggot-infested pressure sores and related amputated feet and legs. The executive vice president said he was unaware of these allegations. However, the company did admit that wound care was sometimes not provided. To read further into the companies foes, please click the link.

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January 7, 2010

Family Files Nursing Home Abuse Lawsuit

A family has filed a nursing home negligence lawsuit claiming that the 51-year-old wrongfully died as a result of the nursing home abuse. The family alleges that the victim was abused while residing at the nursing home. They also allege the nursing home left her malnourished. The nursing home did not properly treat her wounds, leaving her to rot to death. The woman was suffering from cerebral palsy and mental disabilities when a relative placed her in the nursing home. The nursing home abuse lawsuit states that the victim rotted to death as a result of the facility owners. Supposedly the nursing home employees actively hid the victim’s physical condition by wrapping her in blankets and a toboggan to cover her ears and face. A nurse is quoted in the lawsuit stating that “the staff failed to provide adequate and appropriate care, treatment and services.” The victim developed bedsores and smelled of urine. This type of nursing home abuse is deplorable and all nursing homes should ensure that this kind of abuse never occurs. To read into the nursing home abuse lawsuit, please click the link.

January 6, 2010

Three Nursing Home Patients are Killed by Chemical Restraints

An attorney general is saying that a nursing home director drugged patients in order to control them. Residents at the nursing home began complaining when the director chemically restrained them with powerful anti-psychotic drugs. Prosecutors say that her methods were so severe that three residents died. One 97-year-old suddenly lost energy. She wouldn’t awake and seemed completely lethargic. Prosecutors now say that she had been given a powerful anti-seizure drug that killed her. The administrator ordered one patient drugged just for glaring at her, and another resident was given medications after tossing a carton of milk. The report notes that some of the nursing home's residents were dehydrated and dangerously thin. It is even more shocking that this specific administrator had been fired for over-drugging once before at a nearby nursing home. The three defendants who used chemical restraints pled not guilty to nursing home abuse. Unfortunately, over-drugging has become common nationwide. A study shows that anti-psychotics are given to one in every four patients. They seem to be replacing physical restraints, which are now illegal in most states. A FDA official estimates that unnecessary anti-psychotics kill 15,000 nursing home patients each year. To learn more about chemical restraints, please check out the link.

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January 4, 2010

Nursing Home agrees to pay $19 Million in Damages for Patient Neglect

A Brooklyn nursing home will have to pay nearly $19 million in damages to the family of a 76-year-old patient neglected so badly that he left the home with more than 20 bedsores. The award was handed down by a jury and is the first in the state to include punitive damages. The men entered the nursing home weighing 237 pounds and left to go to the hospital weighing a mere 148 pounds. The man wrongfully died from an infection caused by the bedsores. The panel awarded $3.75 million for the victim’s pain and suffering and tacked on $15 million in punitive damages. This was based on the allegation that the nursing home had doctored records to try to cover up the nursing home neglect. It appears that the nursing home restrained the Alzheimer’s-stricken victim to keep him from wandering off. They then left him unattended for long periods. Medical standards require that bedridden or restrained patients be moved every two hours to prevent such bedsores, and that the home only moved her every four hours. To learn more about the pressure ulcers, please click the link.

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December 25, 2009

Teen Employee Denies Existence of Sexual Abuse at Nursing Home

A 19-year-old nursing home aide pled not guilty to charges that she was one of two employees who sexually abused elderly residents. According to the charges she inserted her finger into the rectum of an elderly resident at the nursing home. She said she was trying to trigger a bowel movement but acknowledged that this was not party of her training. She also acknowledged getting into bed with a resident and making a humping motion. The elderly abuse story takes an even worse turn when she admitted to patting the buttocks of one resident and trying to get another angry and then laughing at her. Many nursing home employees were arrested in this horrible case of nursing home abuse. To learn more about the nursing home abuse, please click the link.

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December 17, 2009

$7.75 Million Awarded in Elderly Abuse Case

A jury awarded $7.75 million to the family of a 71-year-old stroke victim who filed an elder abuse lawsuit against his nursing home. The trial featured a secret videotape of the woman being abused. The nursing home abuse lasted 22 days. The jury deliberated for two days before announcing the $7.75 million dollar nursing home abuse verdict, $5 million of which were in actual damages. The 71 year old was a resident at the center and family members noticed during a visit that she was bruised. They complained to the facility, but the nursing home failed to investigate. The family then set up a video camera on a side table in her room to do their own investigation. The video tape caught an employee slapping the victim, puller her around by the hair, bending her neck, fingers and wrists and treating her violently in a shower chair. The employee pled no contest to simple battery. This is a heinous example of nursing home abuse. To learn more about the nursing home verdict, please click the link.