Articles Posted in Elder Law Attorneys

nursing home abuse and neglect attorneys

Two partners talk about going from student to teacher

This piece was originally published in the Chicago Daily Law Bulletin on August 1, 2019.

By Margaret Battersby Black and Michael F. Bonamarte IV

nursing home neglect

Falls Remain Leading Cause of Injury-Related Deaths for Older Adults and Understaffed Nursing Homes Could Be to Blame

Falls are the leading cause of injury-related deaths among persons aged 65 years and older, according to the Centers for Disease Control and Prevention (CDC), and the age-adjusted rate of deaths from falls is increasing as well. Ironically, as many as 75 percent of nursing facility residents are reported falling each year and carry twice the chances of falling compared to a senior who lives in their own home or community.

For elderly patients living in care facilities, hazards that contribute to fall injuries can include:

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.

MedMal_Personal_Injury_-_1st_Place_badge

Readers Choose Levin & Perconti for “Best Legal Blog”

With a very special thank you to all of our blog readers and those within our online sharing communities, we are excited to announce that Levin & Perconti’s Illinois Nursing Home Abuse Blog has won 1st place in the Medical Malpractice and Personal Injury category by The Expert Institute’s 2018 Best Legal Blog Contest, one of the largest blog competitions of its kind. Levin & Perconti’s Medical Malpractice blog was also a 1st place winner in 2017 making this a consecutive winning year for our online content to shine amongst the best. In 2019, we look forward to providing additional legal suggestions and will continue to build a resource of newsworthy information about the struggles of long-term care communities right here in Illinois but also across the U.S.

The Illinois Nursing Home Abuse Blog has helped many nursing home abuse and neglect victims, as well as their family members and even facility care staff, navigate through a confusing system of legalities. Some of our most shared posts also include a synopsis of successful litigation journeys for our clients, including:

A Toronto nurse has been charged with the deaths of 8 nursing home residents. The victims died in nursing home facilities in the Toronto area between 2007 and 2014. The woman was charged with first degree murder in all 8 cases. According to the Associated Press, AP, the nurse was an employee of Caressant Care Nursing and Retirement Homes, which owns and operates more than a dozen facilities in the south Ontario region.

Victims Were Administered Drugs

The administration of medications is one of the common requirements of nursing home staff members. Typically, prescription medications are kept in a locked area, and only caregivers are able to access it. While it is possible for medication mistakes to occur, they happen infrequently. The details of this case indicate that the nurse provided patients with overdoses of medications, which caused their deaths.

Nursing homes are required to provide proper care to their residents and must ensure their safety and wellbeing. This was not the case for a woman who died after allegedly receiving neglectful care in a nursing home. The woman’s family filed a lawsuit in Cook County against Alden Estates in Barrington, IL. The lawsuit states that the nursing home failed to provide proper care and the woman died as a result. The lawsuit requests a jury trial.

Respiratory Distress Went Unnoticed

The woman in this case suffered from respiratory distress and also developed pressure ulcers, according to her relatives. Respiratory distress is a serious condition that requires immediate medical treatment. The situation should be considered a medical emergency and the patient should be seen by a physician as quickly as possible. Any delay in treatment could cause serious harm or even death, as it did in this instance. The caregivers allegedly did not properly supervise or monitor the woman and therefore did not realize that she was suffering from respiratory problems.

Nursing homes are supposed to provide proper care and supervision to residents. In many cases, families choose to place their loved ones in nursing facilities because they feel that they will receive the type of monitoring and support they require. Nursing homes are not always as safe or supportive as we may hope. In one recent case, a woman died after suffering serious injuries which were allegedly not properly treated. The medical condition worsened and led to her death. The woman’s family filed a lawsuit seeking damages for her death due to negligence.

Supervision Must Be Provided

Nursing home residents are usually elderly and often have various medical problems and limitations. Nursing homes are required to provide their residents with the care and supervision necessary to keep them safe. Neglectful care occurs when staff members fail to assist residents with their needs. Nursing homes are legally required to provide adequate care according to the Illinois Nursing Home Care Act.

A new elder neglect lawsuit was filed recently in Cook County alleging mistreatment by home health caregivers. The complaint, filed last week, can be viewed online in full.

Several different Chicago home health companies and facilities are named in the complaint, which seeks to hold the entities accountable for the actions of their employees in the scope of their employment.

The plaintiff in the case is a man filing suit on behalf of his now-deceased father. The father was receiving care at his home. However, in mid-November of 2011, the senior was brought to a local hospital for a range of problems, including several bed sores, an infection, diabetes problems, and sepsis. His lower leg was amputated to stave off the infection, but the senior died a few days later as a result of complications.

Unlike seniors who receive aid from at-home caregivers, those in nursing homes have virtually zero control over the actual front-line workers on whom they rely. Upon moving into a long-term care facility, residents immediate count on the individuals who were hired for basic tasks–preventing falls, proper grooming, ensuring nutrition, and more. When those caregivers leave, it is the owners and operators who make decisions about hiring new employees. Residents are left out of the process entirely.

Those of us who work on cases of nursing home neglect appreciate that this theme of complete reliance on others is at the center of the nursing home resident predicament. Much like the trust a medical patient places in their surgeon upon being put under anesthesia, nursing home residents (and their families) must rely on caregivers. In fact, the ultimate trust is actually places in the owners and operators of the homes, who make decisions about hiring caregivers, ensuring adequate resources, sufficient safety policies, and more.

Bad Care Trends

Earlier this week we discussed how the Administration of Aging’s Administration for Community Living (part of the U.S. Department of Health and Human Services) revealed its plan to enact proposed rule changes to the State Long-Term Care Ombudsman Program (LTCOPs).

On Tuesday those proposals were officially released, providing all those with a stake in these programs the chance to get a look at how the program in their state may change if these rules are adopted. You can view those proposed rules in full here.

LCOP Background

Lawyer Monthly - Legal Awards Winner
The National Trial Lawyers
Elder Care Matters Alliance
American Association for Justice
Fellow Litigation Counsel of America
Super Lawyers