November 16, 2009

Case Law Update: Nurse’s Importance in Nursing Homes

One state’s appellate court tackled a question of whether, as a matter of law, a nurse is or is not qualified to render a medical diagnosis on a claim of wrongful death. The circuit court stated that a nurse is not qualified to render a medical opinion with respect to causation. The undisputed facts of the case were that the victim fell and endured bedsores as a result of that fall. A nurse was then scheduled to testify as to the cause of death. The case then went to the appellate court to determine the nurse’s responsibility in a nursing home. The appellate court found that given the scope of nursing care under the direction of a nursing administrator their statute does not prohibit a nurse’s testimony on the issue of causation. Yet the court stated that since this specific case dealt with wrongful death, the nurse was not qualified to testify regarding the cause of death. This case will greatly impact nursing home abuse cases. To read the nursing home negligence case, please click the link.

| Share
July 17, 2009

Registration Open for AAJ’s Litigating Nursing Home Cases Seminar

American Association for Justice’s Litigating Nursing Home Cases Seminar is scheduled for October 17-18 in Chicago, Illinois. The program, which is a “must” for new nursing home negligence attorneys, is an invaluable resource for plaintiff attorneys. Register by Friday, September 11 and save $50 off the registration fee. The two-day seminar discusses the asphyxia case, electronic medical research and medical malpractice. The nursing home abuse seminar takes place at the Hotel Allegro. To read more about the seminar, visit the AAJ’s website.

| Share

Registration Open for AAJ’s Litigating Nursing Home Cases Seminar

American Association for Justice’s Litigating Nursing Home Cases Seminar is scheduled for October 17-18 in Chicago, Illinois. The program, which is a “must” for new nursing home negligence attorneys, is an invaluable resource for plaintiff attorneys. Register by Friday, September 11 and save $50 off the registration fee. The two-day seminar discusses the asphyxia case, electronic medical research and medical malpractice. The nursing home abuse seminar takes place at the Hotel Allegro. To read more about the seminar, visit the AAJ’s website.

| Share
April 11, 2009

Case Law Update: Survival Complaint in Landlord Tenant

Fan v. Auster Company, No. 1-07-2604 (3-30-09) found that the trial court erred when it granted summary judgment in favor of defendants dismissing plaintiff's wrongful death and survival complaint for negligent maintenance of elevator doors in warehouse building through which plaintiff's decedent, employee of sub lessee, fell and died. There is material question of fact whether elevator doors are structural element of building over which landlord maintained control; and whether sub lessor assumed duty to maintain doors by conduct of its employees. This case will have a profound impact on both wrongful death and premises liability.

| Share

Case Law Update: Punitive Damages in Wrongful Death

The Illinois case of Martson v. Walgreen Company, No. 1-07-0209 (March 31, 2009) affirmed that the death of plaintiff's decedent, before trial of cause of action against pharmacy and dispensing pharmacist, for filling his prescription for anti gout medication with medication for diabetes; causing him to go into kidney failure, suffer brain damage, and, ultimately, die, absent specific authorizing legislation, foreclosed award of punitive damages. However, award of $6 Million Dollars as compensatory damages is not excessive, is supported by medical testimony of causation, and does not require retrial. Further, trial court lacked jurisdiction to allow decedent's children to intervene in litigation after notice of appeal had already been filed by defendant. This case will have a profound impact on wrongful death cases.

| Share
March 28, 2009

Nursing Home Worker Sentenced for Fraud

A nursing home worker was sentenced to eight years in prison and 22 years of probation for stealing from elderly patient accounts. The nursing home employee must also pay $200,000 in restitution following her sentencing of one count of grand theft and 41 counts of forgery. She was convicted in February with stealing form accounts while working at the nursing home. The woman was in charge of patient accounts and was supposed to turn over funds she collected to the medical service. It was at that time that forged signatures were found on checks. She was also in charge of balancing the nursing home checking account. Financial exploitation against the elderly has become all too common in nursing homes. To read more about the financial exploitation, please click the link.

| Share
March 27, 2009

Nursing Home Patient Charged with Sexual Battery

A nursing home patient was charged with sexual battery of another patient. According to the police, the 65-year-old attacker, who has been diagnosed with schizophrenia and depression, was found on the bed of a profoundly mentally retarded resident who has cerebral palsy and is unable to walk or talk. Employees found the man on the bed with blood on his hands and face, his shirt was off and his sweatpants were down to his ankles and his boxer shorts were still on. The nursing home administrator immediately called the police about the sexual assualt incident. Although there is controversy around the man’s arrest, the victim’s family is pleased with the police’s work and wants to ensure that this does not happen to anyone else. Medical tests performed after the sexual assault show no injuries to the women. It is becoming an increasing trend that fellow mentally ill patients are sexually assaulting other residents. To read more about the sexual assault, please click the link.

| Share
February 20, 2009

Legislative Update: Nursing Home Care Act

The Nursing Home Care Act, House Bill 748, requires requires nursing homes to do a number of things within 30 days' admission of new residents and within one year for all residents. Residents, agents, and surrogates must be given (1) written information describing the facility's policies about DNR orders; (2) an opportunity to execute a living will or power of attorney for Health Care; (3) an opportunity to decline consent to life-sustaining treatment; and (4) provide the facility with the name of a preferred surrogate if the resident becomes incapacitated or impaired. This Act will greatly effect the way nursing homes adhere to patients and help ensure that the elderly patient’s wishes are followed.

| Share
January 16, 2009

Case Law Update: State Rules Against Arbitration Agreement in Nursing Home Wrongful Death Suit

Ward v. National Healthcare Corporation, No. SC89398 ruled that the family of Dorothy Lawrence can go forward with their wrongful death suit against a Missouri nursing home. Ms. Lawrence died while in the care of Beverly Manor due to injuries which she incurred after being dropped by employees. When Dale Lawrence, Ms. Lawrence’s son attempted to hold the home accountable, the home claimed that Ms. Lawrence’s daughter signed an arbitration agreement and therefore the home should not be held accountable in a court of law. The MO Supreme Court rejected the nursing home’s argument and ruled that the arbitration agreement could not be enforced in the claim brought by Dale Lawrence. Nursing home arbitration agreements are becoming more prevalent as nursing homes attempt to shield their negligent actions when they harm or kill seniors. During the last Congress both the U.S. Senate and House introduced legislation which would ban these deceptive agreements in nursing home contracts. This case will have an effect on elderly abuse cases.

| Share
December 24, 2008

Nursing Home Lawsuit Leads to Constitutional Amendment Interpretation

A constitutional amendment has been interpreted in a way to prevent nursing home residents and their families from the ability to check nursing home records for medical mistakes and physician misconduct. The interpretation occurred after a nursing home death occurred when a resident of a nursing home choked to death while eating in the facility. Advocates against elder abuse and the decedent’s family were shocked that a court ruled they were unable to access the nursing home records that revealed the nursing home misconduct. To read more about the limitation on the ability to access records relating to elder abuse misconduct in nursing homes click here.

| Share
December 5, 2008

Case Law Update: Involuntary Administration of Psychotropic Medications

In re Jonathan P, No. 2-07-0610 (11-19-08) reversed the trial court’s decision because respondent's, review of petition for involuntary administration of psychotropic medications is capable of being repeated, yet escaping review, it is not subject to mootness doctrine. (Rejecting In re HH from 4th Dist.) Further, although it was not reversible order to omit requested blood testing from treatment order, order for the administration of four of six requested psychotropic medications is against manifest weight of the evidence because variance from requested list of drugs is not supported; and there is insufficient testimony with regards to dosages sought. This decision will greatly affect nursing home abuse cases.

| Share
August 25, 2008

Nursing Home Conference to be Held Regarding Long Term Care Facilities

The National Consumer Voice for Quality Long-Term Care is holding its annual meeting in October. The meeting is to be held close to Chicago, in a neighboring state. The organization prides itself on make advances in the care received by nursing home residents and works to prevent nursing home abuse, nursing home neglect and nursing home failures to supervise for patients. Organizations like NCCNHR are crucial to help obtain changes in nursing home reforms and to improve the quality of care that elder residents receive. To register for the conference or learn more information how this organization is working to improve nursing home care and long term care facilities click here.

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

Case Law Update: Surrogacy Issues, IDPH and Nursing Home Records

The 3rd District, in Bergland v. The Department of Public Health, No. 3-07-0242 (April 17, 2008) Rock Island County (O'BRIEN) Reversed;
Trial court erred when it affirmed decision by IDPH that nursing home was required to obtain consent of Surrogate, appointed pursuant to Surrogacy Act, before it could provide copies of nursing home records to plaintiff in response to written request by former nursing home resident and her husband. Once former resident is discharged, Surrogacy Act no longer applies; and nursing home was required to respond to written request for records.

| Share
May 19, 2008

Steven Levin to Present at Upcoming Continuing Legal Education Seminar on June 5th at JAMS

Steven Levin of Levin & Perconti will speak on nursing home abuse and neglect issues at an upcoming continuing legal education (CLE) seminar presented by JAMS during their CLE day on June 5th. The event is free and counts for 2 CLE credits.

The panel discussion is entitled “Nursing Home Litigation, Insurance, and Beyond” and will be headed by Hon. Julia M. Nowicki (Ret.) of JAMS, and feature Samia Amamoo, J.D. VP, Risk Management, of Boulevard Healthcare, LLC, Jean Golden of Cassiday Schade LLP, Lynn Reid of Johnson & Bell, Ltd., and Steven Levin of Levin & Perconti.

You may RSVP for the event by May 30th to Beth Horwitz at 312-655-0555 or bhorwitz@jamsadr.com.

| Share
January 7, 2008

Register Now for Andrews 2008 Nursing Home Litigation Conference Featuring Lawyers from Chicago Law Firm Levin & Perconti

Chicago nursing home attorneys Steven M. Levin and Michael F. Bonamarte will be featured speakers at the Andrews Nursing Home Litigation Conference this February in Sanibel Island, Florida.

Steven M. Levin, Founding Partner at Chicago-based Levin & Perconti is the Co-Chair and moderator of the conference. Michael F. Bonamarte, an Associate at Levin & Perconti will address the conference on the issue of Unavoidability.

The conference will begin Thursday February 28th and end Friday February 29th. This interactive conference is designed for both plaintiff and defense lawyers who litigate nursing home abuse and neglect cases.

There are three easy ways to register for the conference: 1) Call 1-800-328-9352; 2) Fax 651-687-4111; or 3) Go to west.thomson.com and enter OFFER NUMBER 563293 (Click here for this option).

Click here for the conference brochure, listing the featured speakers and topics, hotel accomodations information and more!


August 13, 2007

Litigating Nursing Home Cases seminar

The American Association of Justice is holding a Litigating Nursing Home Cases seminar in Las Vegas. The seminar will bring together experienced plaintiff trial lawyers and medical experts to speak and share their views and information on topics necessary to achieve a full recovery of damages for nursing home abuse and neglect victims. Steven Levin of Levin & Perconti will be teaching one of the seminars.

Click here for more information

| Share
June 19, 2007

Tips for lawyers: Illinois nursing home evidence allowed in spite of defendant’s admittance of negligence

An Illinois nursing home resident filed a nursing home abuse and neglect lawsuit against Carbondale Nursing and Rehabilitation Center alleging that the facility failed to employ and train sufficient personnel, properly examine and monitor the patient, properly administer nutrition and medicine, regularly move and reposition the patient, properly treat pressure ulcers and clean the body, and bring in medical personnel as necessary. In response, the defendant admitted numerous negligent acts. The defendant nursing home filed a motion in limine asking the court to bar the plaintiff from disclosing or presenting testimony regarding the negligent acts admitted by the defendant, and the court denied the motion.

The defendant went on to argue on appeal that the trial court erred by allowing the presentation of negligent acts to which the defendant admitted because its responses constituted judicial admissions rendering a discussion of the plaintiff’s care irrelevant and prejudicial. However, the appeals court determined that a discussion of the care provided to the plaintiff was necessary to understand and determine the merits of the plaintiff’s claim, and to allow the jury to fully discuss damages when the pain and suffering occurred during ongoing treatment. This was additionally supported by the fact that the defendant’s admission of negligence was limited to the “approximate last week” of the plaintiff’s stay, and because the defendant denied both direct and proximate cause.

Michael G. Rath v. Carbondale Nursing and Rehabilitation Center, Inc., No. 5-05-0513

Click here for Chicago Daily Law Bulletin Article

| Share