July 26, 2011

Signs and Symptoms of Nursing Home Abuse and Neglect

Our Illinois nursing home abuse attorneys know first hand the devastating effects that result from nursing home abuse and neglect. It seems as though almost daily new reports are published or lawsuits filed on behalf of those who sustain serious injuries, sometimes even death, as a result of negligent or careless caregivers. There are many tell-tale signs of the various symptoms those who are being neglected show. These signs and symptoms include, but are not limited, to the following: malnutrition, dehydration, frequent falls, pressure sores, unexplained injuries, behavior change, overmedication, as well as the inability of the caretaker to explain the resident’s condition.

The signs of malnutrition and dehydration go hand in hand. Malnutrition results from an inadequate or unbalanced diet, while dehydration occurs when a person loses more fluids than he or she takes in. Both symptoms can result from improper nursing home care and eventually lead to more severe injuries within the body. According to SeniorHealthCare.org, malnutrition and/or dehydration commonly leads to nursing home resident’s rapid weight loss. While in many instances elderly weight loss is unavoidable, improper nourishment (whether it be food or water) is one of the most common signs of nursing home abuse.

Another unfortunately frequent symptom of nursing home abuse and neglect is pressure sores. AgedCareCrisis.com describes pressure sores (commonly referred to as “bedsores”) as an area of skin or tissue that has been injured or broken down. This occurs when a resident sits or lies in a certain position for too long without shifting weight – this pressure results in a decreased blood supply to the area. The act of negligence falls onto the nursing home when they fail to consistently reposition, as well as, clean the residents. Due to inadequate nursing home staffing and training, the frequency of pressure sores in on the rise with many being left untreated. Failure to treat pressure sores subsequently results in infection and in some cases even death.

It is a violation of both state and federal law to neglect or abuse a nursing home resident. Our attorneys at Levin & Perconti strongly recommend that any instances of abuse or neglect be reported immediately. National Citizens’ Coalition for Nursing Home Reform advises victims or their families to report these allegations to local authorities, nursing home administrators, or your state or local ombudsman. If you or your loved one has been a victim of nursing home abuse and neglect you may be able to seek legal relief for injuries sustained.

See Our Related Blog Posts:

Illinois Nursing Home Abuse and Neglect May Lead to Pressure Sores and Death

Illinois Family Obtains $500,000 Settlement Against ManorCare at Palos Heights Nursing Home

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Posted In: Abuse, Nursing Home Abuse, Pressure Ulcers

January 4, 2011

Alternatives to Overuse of Chemical Restraints

The examples of nursing home abuse and negligence that typically attract the most attention are dramatic stories of poor care that shock the senses. From negligently trapping residents inside cafeteria freezers to allowing ghastly sexual assaults, these major incidents deservedly send ripples of outrage throughout the community.

Yet there also exists more persistent negligence that does not culminate in a single incident but also has debilitating effects on a nursing home resident’s quality of life. A common example of that form of abuse is chemical restraints—the daily dose of drugs given to residents that put them in a perpetual stupor. It makes it easier for nursing home staff to monitor the resident but drastically limits the individual’s ability to enjoy their life.

The Star Tribune reported on recent attempts to end the overuse of drugs to control residents. The story explains how many residents are constantly lethargic with little interest in interacting with their surroundings. One nurse explained, “You see that in just about any nursing home. But that kind of quality of life is that?”

To help fight the problem the nurse began a program that is replacing drugs with alternatives, including aromatherapy, massages, exercise, and other activities involving giving personal attention to the resident. The results have been impressive. Antipsychotic drugs have been completed eliminated from rotations and antidepressants are now used only half as much as the facility.

Not only is the program working to improve the lives of residents, it is also eliminating the risk posed by overuse of drugs. Many drugs are used “off label” or for reasons other than their intended use. Instead of treating symptoms, the drugs are used to cover up other symptoms. It is a dangerous cycle that claims far too many lives.

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Posted In: Abuse

December 2, 2010

Letter to Editor: Nursing Home Abuse Needs More Attention

Many posts to this nursing home blog involve reporting on the latest news of abuse and neglect at Chicago nursing homes as well as other facilities across the country. Our hope is that by sharing the stories of heartbreak, more individuals will pay closer attention to possible abuse at facilities near them. In the end, the goal is to have less seniors fall victim to lackluster care, neglect, and intentional abuse.

The same sentiments were shared in a recent letter to the editor published in the Lancaster EagleGazette. In it the writer explains her disappointment in treatment received by a loved one at a facility that she thought would provide the utmost care. Her grandmother entered the facility to rehab after two weeks in the hospital. At the time of the admission the woman was able to provide a lot of basic care for herself—fed herself, walked on her own, and spoke clearly. But day in and day out the care provided by nursing home staff sapped her will to fight her ailments.

The writer shares the victim’s own words about her care: “When I put on my call light, no one ever comes, and I have to use the bathroom in my pants. […] They throw me around like a rag doll.”

Eventually the woman’s buttocks began breaking down with bedsores and she had bruises all over her body. She left the nursing home and passed away at a skilled care facility within a month.

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Posted In: Abuse

November 2, 2010

Horrific Example of Abuse of Elderly by Relative

This blog frequently includes the latest examples of blatant, deadly nursing home abuse. Our Chicago nursing home attorneys at Levin & Perconti work each day on that battlefront fighting for the rights of residents and their families and trying to ensure that these facilities take steps to change their ways. When facing large business conglomerates it is important to have expert, experienced legal veterans on your side helping to hold these companies accountable.

However, another hidden problem of elder abuse often involves seniors who are victimized in other locations, often by their own relatives who are entrusted with their care. A recent, horrific example was reported at the end of last week by the Daily Comet. A woman was arrested on Thursday and charged with cruelty to the infirmed for her treatment of a live-in relative.

When called to the home, authorities found the 69-year old woman living in a small wooden shed that was attached to the home. This single wooden room reported was “in disarray, filthy and smelled of urine and rotting flesh.” The woman was found on a sheet-less vinyl mattress in her own urine with other bodily fluids crusted on the bed. At a local hospital, she was found to have sores exposing bone and tendons, a broken hip, and a broken femur.

The victim had not been moved in some time and appeared confused and unclear about her surroundings. Police later discovered that the woman had not been given her medication in weeks, with her supposed caregiver only explaining that “it wasn’t her job” to take care of the victim.

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Posted In: Abuse

October 8, 2010

When Nursing Homes Fail to Investigate- A Look at Alden Nursing Homes

It seems that all too often we hear of tragic incidents occurring at Nursing Homes. Today, the Chicago Tribune published an article regarding Alden Village North noting that over the past ten years, Alden has been cited thirteen times for violations in connection to the deaths of its patients.

It is unreasonable to believe that any facility can be perfect in their care, but the types of nursing home neglect that Alden has shown is, in our opinion, inexcusable. The law firm of Levin & Perconti has handled a significant number of cases against Alden for their negligent treatment and care of patients. When negligence occurs, it is important for a facility to investigate the source and correct any problems to mitigate these types of incidents. Alden has been neglecting this part of their duty.

A one-year-old Alden Village North resident who suffered from severe Down syndrome was found in his room “unresponsive and blue” about forty-five minutes after having been fed. There was no one in the room when the child died, and as such Alden was responsible to investigate the cause of the child’s death. In a state investigation, it was found that there was no evidence that the facility reviewed whether proper supervision was provided. The facility was also cited for being understaffed and for not reporting his death to the state health department.

This occurrence was by no means an isolated event. As the Tribune reported, Alden has had several other similar situations occur with similar results. Litigation is often a strong way to persuade a facility to change its ways. The medical malpractice attorneys at Levin & Perconti have been attempting to persuade Alden for years and will continue to do so until they are forced to abandon negligently caring for their patients. Hopefully, by making Alden pay for the negligent treatment of their patients, they will be forced to reform their ways and limit the abuse and neglect seemingly rampant at their facilities.

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Posted In: Abuse, Alden Nursing Home Abuse and Neglect, Chicago, Chicago Nursing Home Abuse, How to tell if your nursing home is bad, Incidents, Nursing Home Abuse

October 8, 2010

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

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

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

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

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Posted In: Abuse, Alden Nursing Home Abuse and Neglect, Chicago Nursing Homes, Compromised Care, Compromised Care: Tribune Investigation, Failure to Report Abuse, Incidents, Nursing Home Abuse, Nursing Home Study, Staffing Issues, Useful publications

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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Posted In: Abuse

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 experienced 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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Posted In: Abuse, Bad nursing homes

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.

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Posted In: Abuse, Chicago Nursing Homes, Failure to supervise, Nursing Home Abuse, Nursing Home 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.

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Posted In: Abuse, Nursing Home Abuse, Nursing Home Abuse, Nursing Home Attorneys

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.

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Posted In: Illinois Nursing Homes, Abuse, Knowing your rights, Nursing Home Abuse

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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Posted In: National Nursing Homes, Abuse

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.

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Posted In: National Nursing Homes, Abuse, Staffing Issues, Verdicts and Settlements

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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Posted In: National Nursing Homes, Abuse

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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Posted In: National Nursing Homes, Abuse, Pressure Ulcers

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.

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Posted In: Abuse, Alzheimer's, Nursing Home Abuse, Nursing Home Abuse, Nursing Home Negligence

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.

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Posted In: Abuse, Nursing Home Abuse, Nursing Home Negligence, Verdicts and Settlements

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.

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Posted In: National Nursing Homes, Abuse, Legislation, National Nursing Home News, Verdicts and Settlements

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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Posted In: National Nursing Homes, Abuse

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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Posted In: National Nursing Homes, Abuse

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The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.

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