August 27, 2009

Former Housekeeper Commits Financial Exploitation of Elderly

An elderly abuse lawsuit alleges that a housekeeper cleaned out most of her client’s accounts. It alleges that she took more than $1.4 million from a retired couple with serious medical ailments. The elderly abuse lawsuit claims that the woman bought fancy cruises and a quickie wedding in Vegas with the money she stole from the seniors. In the couple, one had Alzheimer’s and the other was diagnosed with Parkinson’s. This case highlights the growing problem of financial elder abuse. The elderly are particularly susceptible to the financial scams because they often feel isolated and are quick to trust new friends. In one county alone 1,141 cases of financial elder abuse occurred. This does not count other allegations of elder abuse and neglect. To read more about the financial abuse, please click the link.

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Posted In: Failure to Report Abuse, Financial abuse and exploitation

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August 14, 2009

Elder Self-Neglect and Abuse linked to Increased Risk of Dying

Elderly self-neglect is associated with a nearly six-fold increase in the risk of dying within a year. Elder self-neglect and abuse are serious, common and under recognized. There are an estimated 2 million cases of elder self-neglect and abuse in the United States. When elderly persons threatens their own health and safety by refusing to adequately feed, shelter or clothe themselves they are committing elder self-neglect. The Chicago Health and Aging Project created a report saying that of the 1,544 participants in a 9,000 study were guilty of elder self-neglect and 113 participants were reported for elder abuse. Participants with reported or confirmed self-neglect had a one-year mortality rate of 246.36 deaths per 100 person-years and mortality for participants after one year was 9.46 per 100 person-years. This is compared to a mortality rate of 5.01 deaths per 100 persons-years for participants who did not report self neglect. Self neglect is also a marker for increased mortality regardless of cognitive or physical function. The authors of the study suggest that high-functioning elders might be more capable of recognizing elder abuse and seeking help to end such abuse. To read more about the elder study, please click the link.

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Posted In: Failure to Report Abuse, Nursing Home Study

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March 15, 2009

Nursing Home Cited For Failing to Report Suspected Abuse

According to the Chicago Tribune, a nursing home was recently fined $7,000 by the Centers for Medicare and Medicaid Services for “its indifference to complaints of sexual abuse against elderly residents.” The nursing home neglected to investigate an incident in which a male staff member was suspected of nursing home abuse and the nursing home also failed to report the suspected abuse to the state. The article did not provide specific details surrounding the suspicions of nursing home abuse.

To read the Chicago Tribune article about the suspected nursing home abuse, follow the link.

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Posted In: Failure to Report Abuse, Nursing Home Abuse

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November 4, 2008

Wrongful Death of Nursing Home Resident

A lawsuit has been filed for the wrongful death of a nursing home resident. The 33 year old victim, who had suffered a traumatic brain injury at a young age as a result of being beaten, died and the nursing home did not immediately inform the family. When the body was exhumed, it was found that he was likely to have died after being struck in the head with a shower head nozzle. The lawsuit for wrongful death as a result of this nursing home abuse was filed against the state, because he had been placed under the state’s care. The lawsuit is also against his caseworker for her negligence in monitoring his care. The victim had been in a near vegetative state following his brain injury and had been cared for by his mother and his half-sister, until the state determined the sister was not properly caring for him and placed him under the State’s care. For the full story click here.

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Posted In: Failure to Report Abuse, Failure to supervise

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September 28, 2008

Abuse of Elderly Goes Undetected Too Often

Statistics show that elder neglect can be hidden, hard to prove and even underreported. A state’s Department of Children and Families found that adults make up about 18 percent of their abuse cases. Most of those involved the elderly or people who looked senior. Administrators are worried that there are more cases of elder abuse, but since elders can refuse help and since they rarely leave the house, the abuse often goes unreported. Many elderly don’t even go to the doctors that often, and that might be the only time they’re out of their homes. On case of reported neglect involved the death of a 90-year-old woman at a nursing home. The woman had a large infected sacral wound that had evolved and was not treated properly at the nursing home. The medical opinion was that this wound eventually led to her death. Another investigation found a 95-year-old woman’s death was the result of neglect. These numbers show that people must report elder abuse more often to ensure that nursing homes are properly caring for the seniors. To read the full story, click here.

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Posted In: Failure to Report Abuse

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September 2, 2008

Nursing Home Reform Advocate Points Out Reporting Problems

A nursing home reform advocate points out that there are many clear cases of nursing home abuse that continue to be seen and that there need to be changes in the law and changes in the way in which nursing home patients are protected from abuse. He also mentions that many of these abuses fail to get reported to the authorities and that even the agency responsible for monitoring for abuse and neglect has claimed that this abuse is not happening in places where it is clear that it is. He suggests several reforms that could be made in the law to help protect against this abuse and neglect such as background checks being performed on all of the employees and requiring nursing homes to obtain liability insurance. The husband of a victim of nursing home abuse is quoted saying that patients in nursing homes have no more rights than inmates in prisons. The issue of nursing home abuse and neglect is also prevalent in Chicago, Illinois. For the full story click here.

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Posted In: National Nursing Homes, Abuse, Failure to Report Abuse, Legislation

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August 29, 2008

Report Alleges Abuse at Nursing Home

Four teenage nursing assistants were found to have been verbally, sexually and emotionally abusing residents. The girls were supposedly abusing patients that have Alzheimer’s so bad that they wouldn’t be able to say it or remember what had happened. They girls would abuse the residents and then laugh when the residents became upset. The abuse was cited as spitting in mouths, poking breasts and nipples, putting fingers in mouths, touching and tapping genitals, sticking rear ends in faces, rubbing buttocks, rubbing penises, touching perinea, anal insertion, holding residents down, and teasing them. They girls were terminated when officials became aware of their conduct, and employees who were aware of the nursing home abuse and failed to report have also been terminated. This shocking story is an example of nursing home abuse and negligence that can happen anywhere, including Chicago. To read the full story, click here.

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Posted In: Abuse, Failure to Report Abuse

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July 2, 2008

Governor Blagojevich Launches Elder Abuse Awareness Month

Governor Rod Blagojevich launched the 4th annual “Break the Silence” campaign and declared July to be Elder Abuse Awareness Month in Illinois. The campaign is designed to increase reporting of suspected abuse of elders, an increasingly challenging problem in nursing homes and other assisted living facilities. “Our seniors have the right to be treated with dignity, respect, and to feel safe and secure. Unfortunately, many seniors find themselves victims of abuse and neglect which is unacceptable,” said Governor Blagojevich. “The sooner we know about a case of abuse, the sooner we can put a stop to it. But in order to keep up the fight against abuse and neglect, we need everyone to do their part. If you suspect a case of elder abuse report it. Elder Abuse prevention will help keep thousands of seniors safe each year.”

It is estimated that 80,000 elders in Illinois have been abused in some way, either physically, mentally, financially, or simply through neglect. Since the inception of the campaign, reporting of elder abuse has increased by 16%. However, a majority of incidents of elder abuse remain unreported.

For more information, click here.

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Posted In: Failure to Report Abuse, Legislation, Nursing Home Abuse

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June 2, 2008

Boy Dies from Neglect by Mother and Nurses

On May 15 a 13-year-old Illinois boy died at University of Chicago Hospital after being brought there with very severe signs of neglect including ulcers, one of which was seeping pus, a black crusted patch on his tongue, and hair, skin, and nails that were flaking and dirty. His mother and two nurses were charged with his home care, where over an extended period his condition slowly deteriorated. Despite finding him when she started her shift lying in his own feces and urine, one of the nurses, Morris Lee Brinkley, failed to make a call to the Illinois Department of Children and Family Services, which could have saved the boy’s life. The other nurse, Loren Brown, knew that the boy’s mother was not taking him to doctor’s appointments, yet she did not call the Department of Children and Family Services either. Although both nurses claim to have notified their supervisor, she claims to have had no knowledge about the boy’s condition. The boy’s mother is far from without fault, however, as she had missed at least five medical appointments last year, had left him at a hospital once past his discharge date, and admitted to not bathing him in more than a year. The boy’s death has been ruled a homicide, and his mother and the two nurses have been charged with felony neglect and failure to report a neglected child. This boy's neglect is similar to nursing home abuse and neglect deaths where extreme neglect leads to severe injuries and even death.

Read more here.

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Posted In: Hot Button Issues, Failure to Report Abuse, Pressure Ulcers

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May 30, 2008

Nursing Home Nurses Accused of Neglect in Deaths

Penny Whitlock, a former nurse and director of nursing at the Illinois nursing home, Woodstock Residence, now called Crossroads Care Center of Woodstock, requested that three charges against her related to nursing home abuse and neglect be thrown out. The charges allege that she neglected three nursing home residents by failing to blow the whistle on the mistreatment of another patient. Whitlock filed a motion asking the judge to throw out three charges for neglecting long-term care facility residents, claiming she cannot be charged for neglect of patients other than the one who she allegedly knew was being mistreated. In total, Whitlock is charged with five counts of criminal neglect of a long-term care facility resident and two counts of obstructing justice. Additionally, former Woodstock Residence nurse Marty Himebaugh was charged with, and pleaded not guilty to, four counts of criminal neglect of a long-term care facility resident, one count of obtaining morphine by fraud, and one count of unlawful distribution of a controlled substance. At the heart of the issue is whether Whitlock failed to take action after receiving complaints from other staff members alleging that Himebaugh was overmedicating nursing home patients with morphine and whether Whitlock urged Himebaugh to continue being an “Angel of Death.” The charges touch on nursing home abuse , nursing home neglect, medication errors, and physical or chemical restraints.

In a related suit, Levin and Perconti has filed a wrongful death lawsuit against Woodstock Residence, Whitlock, and Himebaugh.

Read more here.

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Posted In: Illinois Nursing Homes, Hot Button Issues, Bad nursing homes, Care Centers Nursing Home Abuse & Neglect, Failure to Report Abuse, Failure to supervise, Incidents, Nursing Home Abuse, Staffing Issues

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May 7, 2008

Nursing Home Murder Suicide Raises Questions About Attention to Resident Mental Health

An elderly couple has died in a nursing home, apparently the result of a nursing home murder-suicide. The husband of the nursing home resident, who often spent time with his wife in the nursing home, apparently shot her in the head before killing himself. News reports indicate that there was a suicide note that both had signed. This incident raises serious questions about the ability of nursing home staff to diagnose mental disorders and depression in nursing home residents. Often, nursing home psychological and psychiatric staff are in short supply and many nurses and nursing aides may not be trained to detect signs of mental illness. It is important that family members stay active and involved with their loved ones’ mental health.

Read more here.

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Posted In: Illinois Nursing Homes, Failure to Report Abuse, Failure to supervise

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April 30, 2008

Mental Health Nursing Home Frequently Troubled by Poor Sanitation and Resident Suicide

A mental health nursing home has made the news for two colossal problems: frequent resident suicide and unsanitary conditions. Multiple residents in the past year have attempted suicide and the state inspectors believe mental health nursing home abuse and neglect may be the culprit. For instance, two residents jumped from a window and were severely injured in the mental health nursing home and one resident died in the nursing home and was not noticed for 36 hours. These incidents are clearly signs that something has gone terribly wrong. Another resident was found living in a room with a dirt floor, covered with earthworms. The state has opened a major investigation into the home.

Read the full story here.

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Posted In: Illinois Nursing Homes, Failure to Report Abuse, How to choose a home, How to tell if your nursing home is bad, Incidents, Nursing Home Abuse, Ombudsmen Program

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April 8, 2008

Family of Woodstock Residence Nursing Home Victim to File Suit

Steven Levin of Levin & Perconti will represent Virginia Cole’s surviving family members in a nursing home abuse and wrongful death lawsuit. Virginia Cole was one of the victims at Woodstock Residences, the Chicago-area nursing home at the center of a pending criminal trial.

Two former nursing home employees of Woodstock Residences were charged in McHenry County with causing the deaths of four residents at the nursing home. The charges include criminal neglect of the nursing home residents and overmedicating patients with morphine.

At a press conference on Monday with the victim’s son in law, Steven Levin commented on the role of nurse Marty Himebaugh at Woodstock Residences: “The director of nurses at the facility -- and this is a quote from the indictment -- was encouraging Marty Himebaugh to act in a role of angel of death.” Mr. Levin will file suit in the Circuit Court of Cook County shortly.

To read the original article and see video, please click here.

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Posted In: Illinois Nursing Homes, National Nursing Homes, Abuse, Chicago Nursing Homes, Failure to Report Abuse, Failure to supervise, How to choose a home, How to tell if your nursing home is bad, Incidents, Nursing Home Abuse

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March 17, 2008

DSS Employee Charged With Failure to Report Abuse

A Department of Social Services employee was taken into custody due to her failure to report the abuse and neglect of a vulnerable patient. The DSS employee observed an elderly woman starving to death and living in deplorable conditions but did nothing to report or prevent the patient’s continued deterioration. State law creates an affirmative obligation on DSS employees to report such abuse and neglect.

The employee faces up to one year in prison. Additionally, the deprived woman’s caretakers face two counts of abuse and neglect of a vulnerable adult, with a maximum penalty of 30 years in prison. This case should be a reminder to anyone who is responsible for elder care that, if you observe any negligence or malpractice, it is both a moral and legal duty to report substandard care. Improving the level of care older patients are given requires caretakers, especially those in nursing homes, to remember that their primary duty is to their patients, not their employer.

Full article:

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Posted In: Failure to Report 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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