$17,700,000

Brain injury due to nursing staff negligence

$14,000,000

Ignored x-ray results delaying diagnosis of lung cancer

$12,000,000

Failure to diagnosis causes wrongful death

$10,000,000

Truck ran over five year boy

$7,620,000

HMO doctor ignored mother's complaints resulting in death

$7,000,000

Vietnam veteran PTSD wrongful death

nursing home attorneys

Lawmakers Look to Position Older Americans Act into a Greater Enlightenment Phase

In 2017, the Older Americans Act (OAA) served more than 700,000 caregivers; and provided seniors across the country with 358 million meals. These services hit only the tip of how the law has improved the lives of seniors. OAA is also a federal policy that invests back to help older individuals age in place or at home and out of nursing homes and hospitals through low-cost, community-based services.

On Wednesday, May 8th the Senate Aging Committee held a hearing to highlight the importance of the OAA led by U.S. Senators Susan Collins (R-ME) and Bob Casey (D-PA), the Chairman and Ranking Member of the Senate Aging Committee in hopes to rally a bipartisan coalition for OAA’s reauthorization prior to it expiring on September 30.

nursing home abuse attorneys

The Time Is Now to Advocate for Older Adults

Any day is better than the last for advocating for the elderly as data from Adult Protective Services (APS) shows more than 5,000,000 elders are abused each year, including 1 in 10 elders over the age of 60. The abuse and neglect can come in many forms, including physical, emotional, sexual and financial, and not always obvious.

Like every other year, during the month of May, the Administration for Community Living, an operating division of the U.S. Department of Health and Human Services, leads our nation’s observance of Older Americans Month. For this year the theme is, Connect, Create, Contribute and aimed to encourage older adults and their communities, including advocates, to:

nursing home attorneys

Underpaid At-Home Caregivers File Lawsuit Against Employer

The Arkansas Democrat-Gazette is reporting a story coming out of the U.S. District Court in Little Rock concerning underpaid caregivers who have filed a lawsuit against Palco, a financial management services company headquartered in Arkansas that provides support to Medicaid recipients across several states. The business has clients such as veterans, the elderly, and children who participate in at-home and community-based services and require help with daily living tasks. The suit is seeking class-action status on behalf of all people who were paid as caregivers by the company under the Independent Choices Medicaid program within the past three years.

According to the state Department of Human Services, Independent Choices assist about 3,000 Medicaid recipients who receive in-home services in processing payroll and guides recipients in paying workers who help them, most of who are often family or friends. The lawsuit says the plaintiffs and other workers have regularly worked more than 40 hours a week and weren’t paid one-and-a-half times their regular wage by their employer as required under the Fair Labors Standards Act (FLSA). Medicaid recipients are only the employer if they hired the home care worker directly, and no agency or other organization is involved, such as Palco.

dementia patients

Regulators Release New Guidelines to Reduce Antipsychotic Use for Residents Living with Dementia

Antipsychotic drugs are sometimes given to patients living in nursing homes to calm behaviors associated with dementia and Alzheimer’s. But for decades, staff have been wrongfully using the powerful medications as a crutch-to-caregiving to make these patients easier to handle. Antipsychotic drugs can be especially dangerous when used without the patient’s physician or family’s knowledge or consent, a haphazard tactic given that the mismanagement and misuse of these drugs have been known to cause sudden death and drastically decline a person’s well-being.

Some of the most widely used antipsychotic drugs used in nursing homes today include:

nursing home neglect

Negligence Led to Fall and Untimely Death of Cook County Nursing Home Resident

Pamela Dimo and Margaret P. Battersby Black of Levin & Perconti are representing a woman suing an assisted living facility alleging that an elderly resident was caused to fall and subsequently die due to negligence. The estate of Sarah Robinson filed the complaint on March 29 in the Cook County Circuit Court against Parkshore Estates Nursing and Rehabilitation Center LLC dba Parkshore Estates Nursing & Rehabilitation Center, infinity Healthcare Management of Illinois LLC, Paulette Alexander RN, Thomeka Brown, Juanita Davis LPN and Aishia Shipp LPN, Abigail Sullivan RD, Tijuana Haywood RN and Rachael Nnabuo RN.

According to the complaint:

abuse and neglect attorneys

IDPH Releases First Report of The Year Listing Nursing Home Violators

The Illinois Department of Public Health (IDPH) has released its first Quarterly Report of Nursing Home Violators for 2019. This report dates January 2019 thru March 2019 and highlights Illinois facilities cited for violations of the Nursing Home Care Act, a statute that provides nursing home residents and their families with the assurance that proper and safe care will be received.

Facilities with violations in quarter one of 2019 include:

nursing home neglect

Long-Term Care Resident Left Unattended Dies While Smoking Near Oxygen Tank 

Ohio police in Oakwood Village are investigating the death of a resident from Grande Oaks Nursing Home. The man had caught on fire while smoking a cigarette in his wheelchair outside of the facility. Reports show he was allegedly smoking outside while using an oxygen tank when his wheelchair caught fire. Because staff allegedly were not aware, they did not respond. Unfortunately, it wasn’t until someone driving by noticed the fire and smoke and immediately contacted 911. Local police say they arrived to a smoldering wheelchair parked in front of the building with a male laying on the ground, face down. The man had already stopped breathing and CPR was administered. He later died from his burn-related injuries at a nearby hospital.

Centers for Medicare & Medicaid Services (CMS) policies show, “Oxygen use is prohibited in smoking areas for the safety of residents (NFPA 101, 2000 ed., 19.7.4). Facilities should ensure resident safety by such efforts as informing visitors of smoking policies and hazards to prevent smoking-related incidents and/or injuries.

elder abuse law

The Problem with Easing Regulations That Protect Nursing Home Residents

Several new policies were created to safeguard residents in 2014 setting nursing homes up for better accountability, such as fining violating nursing homes each day until problems were fixed and publicly exposing a facility when residents report care complaints. But since 2016, regulation on the rules nursing homes have to follow in order to collect Medicare or Medicaid dollars has seen a risky overhaul, marking the new administration responsible for the removal of several health and safety regulations essential to protecting residents.

These rules were intended to dictate how nursing homes operate, and the group’s inspections and surveys are designed to spur change and compliance through Centers for Medicare and Medicaid Services (CMS). CMS is the federal agency tasked with the oversight and regulation of over 15,600 nursing homes in the United States. In August 2017, the Department of Health and Human Services Office of Inspector General (OIG) issued an alert that CMS has inadequate procedures to identify and report incidents of abuse or neglect to law enforcement.

nursing home wrongful death

Diabetic Patient Dies After Given Too Much Medication at California Care Facility

A diabetic patient has died at Bella Vista transitional care facility located in San Luis Obispo County in California, and the home is now facing a wrongful death lawsuit. The civil lawsuit states care staff gave an 85-year-old female patient too much medication to manage her diabetes when they dispensed four doses of medicine in less than four hours.

According to the complaint, the woman also had dementia, hypertension, hyperlipidemia in addition to her diabetes while a patient at Bella Vista the last eight months. She relied on facility staff for help with nearly all of her daily living activities and depended on them to manage her conditions and medications. As outlined in local news reports, the troubling events leading up to the woman’s death began in the early morning hours.

candida auris

Dangerous Fungus Infection Takes Life of Northwestern Memorial Patient

A suburban Chicago woman receiving treatment at Northwestern Memorial for Lupus related issues has died from the drug-resistant Candida auris fungus. The most recent outbreak of the super fungus is responsible for the 158 known cases across Illinois since 2016. The family of the patient believe she became infected through a standard intravenous procedure during an intensive care stay. Once a routine blood test detected the infection, the woman was not able to move forward with her Lupus treatments, triggering the fatal outcome.

The family was not aware that Candida auris had also infected other patients at Northwestern during this time and they have since spoken out. Although the medical staff was very supportive, they stated that perhaps if knowledge of the dangerous fungus risk factors had been present through better transparency between the hospital and family members, additional prevention measures could have been taken to prevent her untimely death.

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