October 5, 2009

Jeff Kelly-Lowenstein Receives NCCNHR Public Service Award

The National Consumer Voice for Quality Long-Term Care issues a Public Service Award to a person or entity whose work has profoundly expanded coverage and public understanding of long-term care issues. This year one of the recipients is Jeff Kelly-Lowenstein and The Chicago Reporter, for their work showing widespread racial disparity in Illinois nursing homes and the human impact that is felt. Kelly-Lowenstein investigated the racial disparities in Illinois nursing homes, which “explained what these disparities actually mean to residents and made the issue understandable in human terms.” The nursing home article mentioned Levin & Perconti’s case against International Village in which a nurse failed to change a patient’s oxygen supply. The patient died shortly after he went an entire day without breathing on the ventilator. Jeff Kelly-Lowenstein’s article was a critical look at nursing home abuse in Illinois. To read more about the award, please click the link.

January 16, 2009

Elder Abuse Support Group Forms in Minnesota Abuse Case

A support group for elderly people who have suffered abuse and neglect at nursing homes will start holding meetings. The group is called Families Against Nursing Home Abuse and it is coming together not only for emotional support, but to utilize the opportunity to turn a bad situation into a good outcome. The group was formed after the horrific elder abuse that occurred at a nursing home by teenage employees. The group hopes to ensure abuse and neglect situations are avoided and to make changes to national policies for elder care. To read the full story, click here.

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December 4, 2008

Elder Abuse Awareness Promoted by Famous Actor

Elder abuse occurs not only within bad nursing homes nationwide but also due to negligent care givers. Elder abuse is a concept the nation should be aware of as the aging population is on the rise. Elder abuse can be prevented with awareness, preventive measures and most importantly love. If you or someone you know has experienced elder abuse or elder neglect that has resulted in death, serious injury or financial injury you may want to contact an elder abuse attorney. As our nation becomes more aware of the problem even famous actors have been willing to promote the need for awareness. To see an announcement against abuse please watch the video below. Levin & Perconti is not responsible for the content and manufacture of this video; this video was obtained via YouTube.


June 16, 2008

Steven Levin Will Present on Nursing Home Abuse and Neglect on June 19th

Steven Levin of Levin & Perconti will present as part of a panel discussion on elder law and nursing home litigation issues at an event on June 19th at noon in the loop. The panel is hosted by the American Constitution Society for Law and Policy and will feature Professor Marguerite Angelari of Loyola University’s law school who directs their Elder Law Initiative, and Kathy Swanson, the supervising attorney of the Suburban Seniors and Ombudsmen projects for the Legal Assistance Foundation of Metropolitan Chicago, whom many of you know. Susan Feibus, a partner at Ungaretti & Harris, LLP will moderate the panel.
The event will be at Ungaretti & Harris, LLP, Three First National Plaza, 70 West Madison Street, downtown Chicago. Attendance is free and lunch is provided. Additionally, free CLE is available.

If you would like to attend, please visit the American Constitution Society’s website and RSVP: http://www.acslaw.org/chapters/lawyer/chicago/rsvp

June 9, 2008

Levin & Perconti Will Sponsor Chicago ACS Lawyer Chapter for 2008-2009 Year

Levin & Perconti will sponsor the American Constitution Society for Law and Policy’s Chicago Lawyer Chapter this coming year. ACS, an organization of national lawyers, judges, law professors, law students, seeks to ensure that the principles of human dignity, individual rights, equality and justice continue to hold their central place in American law.

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February 8, 2008

Kane County IL sets a good example, but elder abuse and neglect laws need to be stronger

Kane County, Illinois employs a prosecutor assigned mainly to cases of elder abuse including one of the most prevalent problems, financial abuse and exploitation. Kane County State's Attorney John Barsanti has said that he hopes to improve community outreach as well and that elder abuse should be viewed like child abuse, where the very vulnerable can be taken advantage of. Illinois and US laws, however, seem to do much more to protect and advocate for children than for elders. Many elder abuse attorneys and advocates across the United States argue that elder abuse and nursing home abuse and neglect laws need to be stronger.

Click here for the full article

February 7, 2008

Quincy, Illinois elder services officer investigates abuse and protects elderly

The police department of Quincy, Illinois has a well-established Senior and Family Resource Center that has recently appointed a new elder services officer, Detective Tom Liesen. Elder abuse and neglect, home repair fraud, and financial exploitation of elders are some of the areas that Detective Liesen investigates. He has been trained in elder services and regularly attends elder rights conferences. Liesen also visits nursing homes to speak with residents and staff and has investigated cases of nursing home abuse and neglect. He said, "When you see the pictures of bedsores, it's shocking. It's sad because you realize that one little bit of care could have prevented that." Detective Liesen provides a much needed service to his community and has set an example for other Illinois communities to follow. Protecting the elderly should be a priority in every town and city.

Click here for the full article

January 18, 2008

Nursing Home Abuse: What you can do to make sure your loved one is not a victim

At the North Shore Senior Center in Northfield, Illinois, Steve Levin spoke to a group of senior citizens on the dangers of Illinois nursing home abuse and neglect. Addressing the Men's Club at the Center, Steve advised the seniors to take care in choosing the right nursing home. Specifically, Steve recommends investigating whether the home is frequently cited by the Illinois Department of Public Health (IDPH), visiting the home to see what is actually going on there, and inquiring of the home whether they have any liability insurance.

Steve also recommended reporting nursing home abuse and neglect to the IDPH and contacting a nursing home lawyer if you suspect a loved one is being abused and neglected.

January 13, 2008

Be aware of the many types of elder abuse and neglect to help keep seniors safe

There are many different forms of elder abuse and neglect and it is important to watch for signs of abuse in order to protect loved ones. Anyone over age 60 can be a victim of elder abuse. Elder abuse and neglect comes in many forms:

-Physical abuse
-Emotional abuse includes verbal assaults, threats, intimidation and harassment
-Confinement is restricting an elderly person without their consent. Many believe that restraining seniors with Alzheimer's or other illnesses should be restrained in order to prevent wandering off. This is illegal and there are better alternatives
-Passive neglect is when a loved one, caregiver, nursing home or assisted living facility is unable to provide a senior with the care they need. This can include failing to provide medication at appropriate times, causing malnutrition or dehydration by forgetting meals, allowing falls due to lack of supervision, allowing bed sores to develop as a result of neglect, failing to monitor the hygiene of the elderly person and more.
-Financial exploitation is the misuse of a senior's money, accounts, insurance, etc. It is the most commonly reported form of elder abuse. Many different types of people can exploit elders financially including family members, caregivers and employees of nursing homes or assisted living facilities.
-Sexual abuse is any type of sexual act or conduct performed against the elderly person's will.

If you are aware of elder abuse or suspect that a senior is being abused, call the Illinois elder abuse hotline at (866) 800-1409. It is available 24 hours a day.

November 14, 2007

Scope of who can be held responsible for elder financial abuse and exploitation is growing

Financial abuse is commonly targeted at senior citizens. Seminars are one way the elderly can be convinced that they need financial products they do not. Estate planning is one example of an avenue used to dupe elderly attendees. Whether senior centers that hold these sales presentations can be held responsible has been questioned in California. There, facilities that allow financial elder abuse to occur can fall in the sphere of responsibility. A senior center could be named co-defendant in a financial lawsuit. A class action lawsuit filed by California Advocates for Nursing Home Reform & the Institute on Aging claims that some companies acquired information about seniors' finances through seminars and sent agents to their homes to sell financial products. It is now being questioned whether facilities that housed those seminars could also be implicated. Some senior centers in California have been warned to screen presenters in order to prevent being held responsible for financial elder abuse and exploitation.

September 9, 2007

Ask your legislators to support the Children's Health and Medicare Protection Act

The Children's Health and Medicare Protection Act (CHAMP) has passed in the House this summer to renew the State Children's Health Insurance Program (SCHIP). CHAMP provides new protections for Medicare beneficiaries and provides health insurance to 5 million uninsured children. Annual payment increases to Medicare skilled nursing facilities will be frozen for one year to help pay for expanded coverage. The freeze would have negative effects for 1.7 million nursing home residents and staff. The government has annually increased Medicare payments to nursing homes but continues to fail to improve quality standards. Some problems with this policy include undercompensation of nursing home staff (to the extent that many of them get health care coverage through Medicaid and SCHIP) and the fact that RN staffing is rapidly decreasing. As stated by the National Citizens' Coalition for Nursing Home Reform (NCCNHR):

Medicare reform would do more to ensure quality for residents than continuing to give facilities automatic annual increases. We are asking Congress to require nursing homes to report accurate staffing data, including the number of staff and what they spend on nursing; to establish a separate funding stream in Medicare for nursing costs that can't be transferred to profits; and to set minimum staffing standards for all facilities.

Please write or call your local Representative and ask him or her to support CHAMP
Email jwells@nccnhr.org with any questions

September 1, 2007

Nursing home patients sue state of Illinois for violation of federal law

A lawsuit was recently brought against the state of Illinois by five nursing home residents in Cook County who claim that Illinois is violating federal law by failing to provide enough resources for nursing home patients to live in their communities instead. The Americans with Disabilities Act includes a responsibility to provide care in an integrated setting. The state of Illinois, however, allocates more money to long-term care facilities than home and community care. Elders receive poor treatment in nursing homes and can be subjected to abuse and neglect. Some of these elders are capable and independent enough to receive only home or community care but are forced to remain in long-term facilities because of the state's allocation of funds.

Click here to read the full article

August 14, 2007

Nursing home cat predicts patients' deaths

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

Click here for the full article

July 30, 2007

Rock Island County, Illinois plans to build public nursing home despite lawsuit

Rock Island County officials have announced that, despite a lawsuit brought on by private nursing homes, they will continue to build the new Rock Island Care Center in East Moline, Illinois. The new nursing home is intended to replace Oak Glen Home in Coal Valley, Illinois. The new home will have better access to public transportation and will be easier for doctors and dentists to reach. It will also have 75 more beds. The private nursing homes complain that the new home will oversaturate the market, but the benefit of public homes is that they are required by the state to take in recipients of Medicaid or Medicare. Private nursing homes also accommodate public aid patients, but often have limits.

Click here for the full article

July 23, 2007

Illinois Department on Aging awards 2007 Outstanding Long Term Care Ombudsmen

The Illinois Department on Aging recently awarded Judy Ellet of the Shawnee Alliance for Seniors and Kate Donovan of Rockford 2007 Outstanding Long Term Care Ombudsmen Awards. Long Term Ombudsmen have an important role in Illinois elder rights as they work to protect, defend and advocate for the rights of nursing home and long term care residents and their families. They help with resolving complaints of abuse and neglect, providing information to families and residents and advocate for good individualized care among other important services.

Elder abuse often goes unnoticed, but research indicates that about 4 to 5 percent of people aged 60 years and older are subjected to some form of mistreatment. In Illinois, over 50 percent of elder abuse reports allege financial exploitation; 25 percent allege physical abuse; 45 percent allege active or passive neglect; and 45 percent allege emotional abuse. However, only about one in 13 cases are reported to Illinois's Elder Abuse and Neglect Program.

Continue reading "Illinois Department on Aging awards 2007 Outstanding Long Term Care Ombudsmen" »

July 17, 2007

Chicago nursing home abuse speech

Steven Levin of Levin & Perconti delivered a speech to fellow litigators at the Hyatt Regency Hotel in Chicago, Illinois yesterday. The speech was given at the American Association for Justice's Annual Convention. Mr. Levin spoke about common rules of the road to follow when prosecuting nursing home cases. Elderly abuse is a very serious and oftentimes neglected issue in this country. The attorneys at Levin & Perconti strive to achieve justice for the elderly who have been abused, neglected, or taken advantage of.

Greater Illinois Chapter of the Alzheimer's Association is hosting the Naperville Memory Walk

Mark your calendars- on Sunday, September 30, 2007, The Greater Illinois Chapter of the Alzheimer's Association is hosting the Naperville Memory Walk. The Memory Walk is the largest event to raise awareness and funds for Alzheimer care, support and research in the country. Since 1989, Memory Walk has raised more than $225 million. Held annually in hundreds of communities across the country, this inspiring event calls on volunteers of all ages to become champions in the fight against Alzheimer's.

Click here for more information

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July 16, 2007

Loyola University Chicago Schools of Law and Social work co-sponsor the Institute on Aging and Mental Health Issues

The Elder Law Initiative and School of Social work present the Third Annual Summer Institute on Aging. The Summer Institute on Aging is a four-day, interdisciplinary course co-sponsored by the Loyola University Chicago School of Law and School of Social Work open to social workers, nurses, physicians, counselors, geriatric care managers, and attorneys. This highly interactive course will explore the psychosocial, ethical, policy, and legal issues related to aging and mental health, taking into account racial, gender, ethnic, and income differences among the elderly. The course will feature faculty and guest speakers from a variety of disciplines. Through simulations and group work, the course provides an excellent opportunity for true interdisciplinary collaboration. Continuing education credit available.

Click here for more information or contact Marcia Spira at 312.915.7580

July 10, 2007

Nursing home abuse victim’s testimony needed


The Senate Special committee on Aging will be holding a hearing on abuse July 18th. They are looking for a resident or family member of a resident who had been abused by a person with a criminal record whose abuse could have been prevented if there had been a criminal background check. If you or a person you know have been a victim under these circumstances please contact Ben Kessler, assistant to the Chief Investigator, at 202-224-0185. More information can be found at this website.

June 24, 2007

Patient Safety and Abuse Prevention Act: Criminal background check for long term care workers -- Please help pass this legislation!

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

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