Articles Posted in Residents and Family Members

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choosing a nursing home

Family Members Should Be Attending Resident Council Meetings with These 10 Questions

Nursing home administrators should allow for regular resident council or family council meetings. If they do not, it may be a sign that those residing in the facility may not be receiving the attention needed and care standards are not being met, triggering a higher risk of abuse and neglect. It’s the suggestion of the nursing home abuse and neglect attorneys at Levin & Perconti to request information about the dates and times of resident council or family council meetings and plan to attend. These councils are usually organized and managed by the residents or other residents’ families to address concerns and improve the quality of care and life for all residents.

If you’re able to attend a meeting with your loved one or on behalf of them, ask a council member whether it be another resident, care staff or administrator the following 10 questions and take notes:

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for profit nursing homes

Vulnerable Populations Pay the Price as U.S. Nursing Home Chains Crumble Under Risky Financial Choices

The Long Term Care Community Coalition, in partnership with the Center for Medicare Advocacy, is preparing a strong agenda for 2019 starting with a joint statement concerning the chaos that has occurred in the nursing home industry as operators, even those of large care groups, are undertaking money hungry risks at the cost of their own staff resources and vulnerable patient residents. The joint statement highlighted investigative findings reported by The Washington Post, The Kansas City Star, The Philadelphia Inquirer and The New York Times of these U.S. nursing homes chains.

  • The Carlyle Group bought HCR ManorCare and each year since the number of health deficiencies at the chain rose 26 percent. The Carlyle Group then went on to sell ManorCare’s real estate collection for more than $6 billion dollars but inevitably faced bankruptcy in 2018 after not being able to pay rent to the new owners.
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nursing home neglect

Helping Your Loved One Recognize Caregiver Neglect

Our nursing home abuse and neglect team recognizes that placing a loved one in a care facility can be one of the most difficult decisions a family can make. And with the countless reports of abuse and neglect from both for-profit and non-profit sectors of long-term care, it’s no wonder many family members have anxiety about knowing if their loved ones are truly safe and being looked after. While patients with memory diseases (like dementia) or those surviving a debilitating health event (such as stroke) may have a tough time comprehending or speaking out about neglect, many nursing home residents are able to discuss their care concerns with the help of a family member or friend who is willing to listen.

Some of the most common forms of nursing home neglect include:

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nursing home visitors

Approved Visitors Must Be Provided Immediate Access to Nursing Home Residents

In 2016, the Centers for Medicare & Medicaid Services (CMS) released revised nursing facility regulations that supports the rights of residents to “receive visitors of their choosing at the time of their choosing and require the facility to provide immediate access to the resident in accordance with the regulations.” These rights include access to spouses and domestic partners, including those of the same-sex.

But even with rules and regulations, there have been too many accounts of residents being told, “visiting hours are over,” “you can call your daughter tomorrow,” or “let’s wait to have a visitor for when you are feeling better,” by nursing home staff. When in reality, nursing homes should seek to allow residents the freedom to make their own decisions and help them see the choice for visitors out. Living in a nursing home does not take away a senior citizen’s rights to make choices about their own life, especially when requesting to see a family member or friend or accepting their visits.

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If elder abuse and neglect strikes you or someone you love, it is important to ensure there is full, legal accountability. But how is that done? The accountability can take different forms, both under the civil law and criminal law.

If the misconduct is intentional or particularly abhorrent, then criminal charges may be filed against those involved. Prosecutors make the determination as to whether the situation involves the breaking of a law in the state criminal code. Potential penalties in these cases may include jail time, probation, fines, or various other punishments.

Alternatively, those individuals directly harmed by the mistreatment (or their families) decide to pursue accountability under the civil law. In civil lawsuits alleging elder neglect, the potential outcome is usually not a “punishment” for the wrongdoer but instead compensation to help the one harmed.

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Those willing to abuse and neglect others usually prey on the most vulnerable. Nursing home residents often have physical, mental, and emotional weaknesses that make them easy targets for mistreatment. That is why all seniors in long-term care facilities need advocates on their side.

In Illinois, as in many states, one of the most important advocates for nursing homes residents is known as an “Ombudsman.” It is a funny title that comes with very serious duties. An ombudsman is usually an official government representative who is charged with ensuring that seniors at care facilities have their rights respected.

A helpful My Web Times story for last week shines a spotlight on one ombudsman, offering a helpful analysis of what these advocates do and how Illinois residents can take advantage of their support services.

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The total number of elderly Illinois residents rises on a daily basis. Coinciding with the demographic change is a rise in instances of Alzheimer’s and dementia. Cognitive decline in seniors is a striking problem. One of the main reasons that local families help their loved ones into nursing homes is specifically because of these issues which make it impossible for the senior to live on their own.

Understanding that these dementia issues are on the rise, it is incumbent upon long-term care facilities to take steps to provide the absolute best memory care possible to this community. It is well known that a one size fits all approach to this treatment is unacceptable. Each resident has different needs, struggles, vulnerabilities, and limitations. It is critical for caregivers to provide individualized care both to prevent harm as well as maximize the senior’s well-being.

New Dementia Care Program

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Senior care is a complex issue. When discussing lawsuits related to nursing home neglect, elder financial exploitation, or other matters, it is easy to over-simplify the larger problem. Obviously, all community members deserve reasonable care that is free of mistreatment and allows them the best chance to thrive in their golden years. But it is an error to assume that anyone has a magic formula that will automatically ensure that the widespread problem disappears overnight.

Elder care includes a combination of family support, aid from professional caregivers, long-term care providers, health insurance companies, public policy-makers, and more. There are many different pieces to the puzzle, and those working on the problem appreciate that much work needs to be done in each sphere.


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Long-term care is an issue that almost all Illinois residents will confront at some point in their lives–either for themselves or a loved one. Yet, many are unfamiliar with all of the aspects of the care and the challenges for the future until they are forced to consider them after a sudden health decline. Fortunately, once faced with the need, many residents fully immerse themselves in the details of long-term care, learning all about the good and bad of support services for seniors.

It is important for those who have dealt with these issues (or are working through them now) to share their perspectives to guide future change.

To help harness the knowledge of current individuals engaged with long-term care, the Consumer Voice is launching a focus group to capitalize on the experience and understandings of those family members. This input gathering process may then be used to influence lobbying and support programs at the Consumer Voice–ultimately helping people nationwide receive better, reliable care devoid of abuse or neglect.

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The outcome of many civil lawsuits, including those related to nursing home abuse and neglect, hinge on procedural rules. These rules refer to the mechanics of how the justice system works. They are the nitty gritty detail about what paperwork has to be filed, timing requirements, threshold requirements before having a day in court, the process for collecting information from the opposing side, and more. This should be distinguished from the substantive rules regarding liability which refer to the specific items that must be proven to win a case.

Many community members are unfamiliar with procedural rules and may underestimate how important they are to one receiving compensation and accountability following preventable injury. Perhaps for that very reason, chronic defendants like big corporations are trying to change rules to offer more advantages for the company at the expense of the injured plaintiff. This fight is similar to that of forced arbitration: it is taking place at the federal level and many are completely unaware of the encroachment.

Possible Federal Civil Procedure Rule Changes