$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

Nurse Yelling at Patient

Report Proves Illinois Could Do Better at Investigating Nursing Home Complaints

The Office of Inspector General (OIG) released a report in 2017 that showed several states, including Illinois, were missing the opportunity to lead a timely investigation of the most pressing nursing home complaints. These complaints included neglectful occurrences such as residents being left to sit in their urine and feces for hours, residents being admitted to the hospital because of preventable infections, and inappropriate social media posts by nursing home employees.

According to the OIG, these events will typically fall into two types of serious complaint categories that must be addressed within a specified timeframe.

Poor Nursing Home Care

71 Illinois Nursing Homes Named in Third Quarter Violation Report

The Illinois Department of Public Health (IDPH) has released its Third Quarter Report of Nursing Home Violators for 2019. IDPH is responsible for ensuring nursing homes comply fully with mandatory state regulations. This report dates July 2019 thru September 2019. It highlights 71 Illinois facilities cited for various 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.

Violations, no matter how small in detail, should be taken seriously, especially since history proves a majority of these facilities will become repeat and more serious offenders. Besides, several of those cited this quarter are large facilities that choose to overwork, underpay, and overburden staff. Leaving these workers with too little of resources and too many residents to care for is a clear sign that abuse and neglect of residents is present.

Find the right nursing home

Residents Have the Right to Appeal a Nursing Home Discharge Decision

When a resident is transferred or discharged from a nursing home, the change can create monumental impacts on the emotional, physical and financial well-being of an already vulnerable individual and those who remain dependent on others for their daily care.

Common reasons for a facility to discharge, according to The National Consumer Voice for Quality Long-Term Care, may include:

nursing home neglect
Negligence Led To 66-Year-Old’s Death in Chicago Nursing Home

Levin & Perconti filed a lawsuit on Tuesday, October 29 on behalf of the family of Jaime Hernandez. Mr. Hernandez tragically bled to death at his west suburban nursing home after receiving a kidney transplant just one month earlier. Before his unexpected and preventable death, doctors were pleased with the man’s recovery and family members were excited for Mr. Hernandez’s future after waiting nearly seven years for his new kidney.

According to the lawsuit, staff at Berkshire Nursing & Rehab Center LLC at the Aperion Care facility located at 8200 Roosevelt Road in Forest Park failed to perform scheduled checks on Mr. Hernandez to prevent bleeding in the arm used for his dialysis treatments. The family is seeking monetary damages for 17 different care failures and negligence.

Margeret Black

Catching up with Levin & Perconti Attorney Margaret Battersby Black, 40 Under 40’s Class of 2011.

Levin & Perconti’s Margaret Battersby Black was named to the Chicago Daily Law Bulletin’s 40 Under 40 List in 2011. 40 Under 40 is a highly selective honor process that recognizes outstanding attorneys from across Illinois. Since then, she has posted a series of high-profile, professional achievements that we wish to recognize.

The 39-year-old plaintiff’s attorney, who is also the parent of two young children alongside her husband Jeff, joined Levin & Perconti as a law clerk in 2006, was promoted to associate attorney in 2008 and named Partner in 2014. Margaret has since led a run of successful personal injury cases, as well as notable settlements involving falls, pressure sores and medication errors on behalf of individuals and families in lawsuits related to nursing home abuse and negligence, including but not limited to:

nursing home danger sign

How to Find Out If Your Parent’s Nursing Home Has a History of Abuse or Neglect?

Choosing a long-term care facility for your parent can feel completely overwhelming and the decision-making process is often stressful on the entire family. Thankfully, beginning October 23, the U.S. Centers for Medicare and Medicaid Services (CMS) is making a much-needed change to how families can be better informed of Illinois nursing homes that have been cited for violations related to abuse, neglect and exploitation. The Nursing Home Compare tool will now include a bright red “abuse icon” next to these troublesome homes.

If you’ve already got a particular facility in mind, or have a loved one who is currently a nursing home resident, you can also use the medicare.gov site to look more closely at your choice or to check into any concerns or suspicions.

Elder Woman Struggling

Nursing Home Caregivers Charged with Financial Exploitation of Elderly Resident

Grace Watanabe is a 98-year-old woman who had her life savings robbed of her by two former nursing home caregivers employed at Symphony Residences of Lincoln Park, located at 2437 N. Southport Avenue in Chicago.

Last year, Cook County Public Guardian Charles Golbert, with the aid of Levin & Perconti attorneys Steven Levin and Mike Bonamarte, filed a civil lawsuit accusing the workers of stealing $750,000 from Watanabe while she was residing at Symphony of Lincoln Park from 2009 – 2018. It was her bank that flagged the suspicious account activity.

Improve Nursing Home Care

Nursing Homes Cited for Abuse, Neglect and Exploitation Now Highlighted with “STOP” Icon on Government Website

In response to a recommendation by the Government Accountability Office (GAO), The Centers for Medicaid & Medicaid Services (CMS) recently announced that it will now be easier for consumers to identify nursing homes and long-term care facilities with instances of non-compliance related to abuse. To do so, CMS is rolling out a warning icon strategy to highlight facilities that meet the following criteria:

  • Facilities cited for abuse where residents were found to be harmed (Scope/Severity of G or higher) on the most recent standard survey, or on a complaint survey within the past 12 months;

Influenza Outbreak

Flu season and seasonal outbreak of influenza and cold virus infection as a medical health care concept with a calendar background and three dimensional human disease cells.

Severe and Fatal Illnesses Caused by Influenza Outbreaks in Nursing Homes

Each year, the flu continues to be one of the deadliest illnesses in the United States, with the elderly affected most severely. More than 7.3 million flu cases in adults aged 65 years and older were tracked in 2018, according to the Centers for Disease Control (CDC). Many of these patients were also residents of nursing homes and care facilities responsible for following an influenza vaccine plan before the season begins in September and administering the vaccines throughout flu activity. Unfortunately, many nursing homes and long-term care facilities are not necessarily prepared for the program designed to also prevent a deadly flu outbreak among residents and staff.

Levin Perconti - Quality

Residents’ Rights Advocates Invite You to “Stand For Quality” This October

Across the country, residents of nursing homes and other long-term care facilities along with family members, ombudsmen, citizen advocates, and facility staff will honor the individual rights of long-term care residents by celebrating Residents’ Rights Month. 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 the value of long-term care residents.

The theme for Residents’ Rights Month 2019 is, “Stand for Quality” – to emphasize the importance of standing for quality in all aspects of residents’ experiences – quality care, quality of life, quality services, and quality choices.  The nursing home abuse and neglect attorneys at Levin & Perconti invite our community to use this opportunity to push for the rights of those they care about to be known and protected while residing in an Illinois long-term care facility.

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