COVID-19 in Nursing Homes - Learn More.

$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

flu outbreaks during covid-19 pandemic

COVID-19 Care Failures Should Prepare Illinois Nursing Homes for Influenza Outbreaks

In the last flu season, an estimated 35.5 million people were sick with the illness, 16.5 million people required a health care provider for their treatment, and there were 490,600 influenza hospitalizations and 34,200 deaths, according to the Centers for Disease Control (CDC). Due to the coronavirus pandemic and an estimated 213,000 related deaths and counting, medical communities agree that this year’s influenza burden may magnify one of the deadliest illnesses in the United States, with the elderly residing in nursing homes affected most severely.

Shockingly, U.S. nursing homes have the lowest flu shot rates among health settings, leaving many residents of nursing homes already at a significant risk of becoming infected with COVID-19, now left to battle influenza. And as we have witnessed with the rapid spread of COVID-19, many nursing homes and long-term care facilities are not necessarily prepared to prevent an infectious disease outbreak among residents and staff. The pandemic has brought renewed attention to nursing home quality issues related to infectious diseases, such as:

october long-term care residents month

October Reminds Us That “Connection Matters” for Illinois Nursing Homes Residents

Every day, Illinois families bring their loved ones to nursing homes all around the state, some feeling certain and others uncertain that they will receive the high-quality care and comfort needed and their rights protected. Unfortunately, willful neglect, preventable accidents and illnesses, and abuse occur even in the most highly-rated facilities. October is a time to remind families and residents of the many rights designed to protect them from these situations.

Residents’ Rights Month is an annual event held in October by the National Consumer Voice for Quality Long-Term Care (Consumer Voice) to celebrate and focus on awareness of dignity, respect, and long-term care residents’ value. This year’s theme is “Connection Matters.” The theme emphasizes connections – to family, friends, and the community – as essential components of good health and residents’ quality of life.

inspecting illinois nursing homes

Nursing Homes Cited for Mistreatment Are Flagged with Special Icon on Government Website

In 2019, the Centers for Medicare and Medicaid Service’s (CMS) Five-Star Quality Rating System via The Nursing Home Compare website added a new tool to help better identify elder-care facilities with extreme and troublesome care failures. When visiting the site, the most troubled homes, many with only a one-star rating, also display a red circle with a white hand inside. The stop-sign-like icon can be used as a way to warn families of long-term care facilities currently in non-compliance and those with a documented struggle to meet Federal and state quality care measures.

These facilities meet the following criteria:

Partners At Illinois Law Firm Recognized As Leaders

Levin & Perconti Partners Chosen as Influential Leaders in Legal Profession

Levin & Perconti partners Margaret Battersby Black and Mike Bonamarte have been separately acknowledged for their work as leading attorneys in Illinois. Battersby Black has been nominated for her rising influence as a woman in the legal field and named to Crains Notable Women list for 2020. And, Bonamarte has been asked to join the Illinois State Bar Association’s steering committee on racial inequity.

In 2020, also Battersby Black and Bonamarte joined Levin & Perconti partners Steven Levin, John Perconti, and Susan Novosad for achieving the notable 2020 Illinois Super Lawyer title. The attorneys were recognized for individual and team work representing clients in medical malpractice and personal injury cases, including nursing home abuse and neglect. Bonamarte and Battersby Black were previously honored by the Super Lawyers Rising Stars program for early-career lawyers, multiple times.

arbitration agreements for nursing homes

FAQ: Everything You Need to Know About Nursing Home Arbitration Agreements

When an individual or a family member has to make the difficult decision about residing in a nursing home, often in emergencies, they should not be forced to sign away their legal rights through mandatory arbitration agreements. But nursing homes often present residents with these optional contracts, buried within admission paperwork, and introduced as standard. When, in fact, pre-dispute arbitration agreements do not have to be signed. Instead, the deals make room for nursing home owners to bypass a judge and jury in the event of abuse and neglect and allow wrongdoers to hide behind an arbitrator’s closed doors to resolve issues. The work is done before arbitrators who frequently work with nursing facilities and leave victims without a guarantee of justice served.

Q: What is a pre-dispute arbitration agreement?

southern illinois nursing homes covid-19

Nursing Home Outbreak at Stearns Facility Points to Sick Care Workers

An Illinois nursing home in Madison County is under investigation related to a COVID-19 outbreak that has killed 12 people and infected more than 100. Stearns Nursing and Rehabilitation Center is located at 2900 Stearns Avenue in Granite City. The 109-bed home operates as a lower quality, One-Star Medicare Certified, Medicaid Approved skilled nursing center.

In response to the coronavirus outbreak, an investigation led by the Illinois Department of Health (IDPH) revealed that the nursing home allowed employees to continue working despite testing positive for COVID-19. A facility director cited Centers for Disease Control and Prevention (CDC) guidelines that address mitigating staff shortages to justify the shortcoming.

selecting a nursing home in 2020

Transitioning A Loved One Into a Nursing Home During the Coronavirus Pandemic

Nursing homes and assisted living centers should offer a safe place for your loved one, whether he or she is your parent, a family member, or a friend who needs guided rehabilitation or to make a senior care facility their future residency. It is normal for you to have questions and be concerned as a quarter of all nursing home residents will experience abuse during their residency and the coronavirus pandemic has brutally targeted the elderly nursing home population.

As you begin your research, schedule a virtual tour of a facility, or speak with an administrator, review these questions to guide your learning about the home’s staffing, environment, and infectious disease outbreaks.

understaffing and falls at nursing homes
Like many U.S. nursing homes, elder care facilities in Illinois seem continuously challenged by an inadequate amount of care workers. Even though the state requires 2.5 hours of direct care for residents each day, about a quarter of the residents in Chicago-area homes are living in understaffed conditions putting them at risk for abuse and neglect.

While some long-term care facilities have been routinely understaffed for years, others continue to manage facilities with very little interest in providing attentive and quality resident care even in the midst of a worldwide pandemic. As a result, fall-related injuries among residents are on the rise.

Hazards that contribute to nursing home resident fall injuries have included:

can dehydration cause delirium
An altered mental status is a difficult condition for nursing home residents to manage on their own, especially when symptoms can present slowly and brushed off for age-related memory loss, stress, medication side-effects, lack of sleep, or other conditions like dementia. Delirium, sometimes referred to as “sundowning” or “psychosis”, is one of those conditions that if misdiagnosed or treated with overmedication, can worsen quickly with irreversible outcomes including long-term cognitive impairments.

Delirium has been defined by The American Delirium Society (ADS) as a state of confusion that comes on very suddenly and lasts hours to days. If a nursing home resident becomes delirious, they may have hallucinations, disorganized thinking, difficulty understanding daily tasks, and inability to pay attention and be unaware of their environment or trust of the people in it. Delirium affects nearly 18% of long-term care residents and has a staggering 40% one-year mortality rate.

Nursing homes have been known to manage residents with disruptive behaviors in less productive ways, and many things can make delirium (and other mental conditions) worse, such as:

covid-19 pandemic highlights
U.S. nursing home residents, totaling 1.2 million seniors and nonelderly people with disabilities living in over 15,000 facilities, are at increased risk of coronavirus infection and complications. The combined challenges of the facility setting and shared living environment, residents with underlying health conditions, the close contact that many care workers have with residents, and failures in facilities who do not provide quality care, all contribute to the high number of COVID-19 cases and outbreaks in the elder communities.

According to the Illinois Department of Public Health (IDPH), as of August 7, 20202:

  • More than 25,000 cases of COVID-19 have been traced back to nursing home residents and staff, resulting in 4,162 deaths.
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