Articles Posted in National Nursing Homes

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Congratulations to Levin & Perconti’s partners and associates selected to the 2020 Illinois Super Lawyers and Rising Stars lists for 2020. These honors are reserved for those legal professionals who exhibit excellence in practice and client relations. The annual lists are created under peer nomination, independent research, and peer evaluation. Super Lawyers are then graded on their overall professional achievement and client service. While up to five percent of the lawyers in Illinois are named to Super Lawyers, no more than 2.5 percent are named to the Rising Stars list.

Six Levin & Perconti Attorneys Honored as Super Lawyers

Levin & Perconti partners Steven Levin, John Perconti, Susan Novosad, Michael Bonamarte IV, Margaret Battersby Black, and intake attorney Steven Sandler have achieved the notable 2020 Illinois Super Lawyer title for their work representing clients in medical malpractice and personal injury cases, including nursing home abuse and neglect.

More Than 100 Illinois Nursing Homes Named in Final Violators Report of 2019

The Illinois Department of Public Health (IDPH) has released its final and Fourth Quarter Report of Nursing Home Violators for 2019 highlighting nursing homes that failed to comply with mandatory state regulations. This report dates October 2019 through December 2019. It highlights 111 Illinois facilities, an increase from 71 in the third quarter. The facilities were 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.

Illinois facilities with violations in quarter four of 2019 include:

Nursing Home Resident Was Humiliated With “Lap Dance” Before Dying from Bed Sores, Malnutrition, Sepsis

The family of Fred Pittman, an 84-year-old man who died after a stay at Cumberland Manor Nursing and Rehabilitation Center in New Jersey has filed a wrongful-death lawsuit against the home, alleging he was a victim of negligence. According to the suit, the man was a long-term care patient at the facility from late January through mid-February 2018. The lawsuit, filed in state Superior Court, alleges staff at Cumberland Manor neglected to “allocate sufficient resources to adequately provide” and otherwise “exercise reasonable care” and failed to:

  • prevent and timely treat injuries

Nationally Respected Attorneys

Three Illinois Nursing Home Abuse and Neglect Cases That Gained National Attention in 2019

Levin & Perconti is a nationally renowned law firm concentrating in all types of nursing home abuse and neglect claims as well as personal injury, medical malpractice, and wrongful death lawsuits. The firm’s founding partners, Steve Levin and John Perconti were among the first nursing home lawyers in Illinois and are highly regarded among their peers and adversaries for their outstanding work on behalf of victims of abuse and neglect.

Today, the Chicago based firm stands behind three decades of winning experience in defending residents who have had their rights violated and become injured while under the care of others. This is a brief review of three nursing home abuse and neglect cases represented by Levin & Perconti lawyers that made national and local news headlines in 2019.

Elderly Woman Attacked

Convict Walked Into Nursing Home and Sexually Assaulted Elderly Woman

A $50 million claim has been made against a California nursing home after a convict snuck in and sexually abused an 88-year-old woman, according to San Diego news source, NBC7. Lawyers for the victim’s family say shortly after 49-year-old Lusean Arline was released on parole, he welcomed himself through a Hillcrest nursing home’s unlocked back door and then proceeded to the second floor and sexually attack an elderly resident in her room. The report further explained that the woman was taken to a local hospital where she was treated for the rape, a broken arm, and emotional stress.

Nursing Home Negligence ‘Opened the Door’ to Violent Crime

Steve Levin

Legislation Banning Arbitration in Nursing Homes Protects Residents’ Access to Justice

by Steven M. Levin, as published in the Chicago Tribune

Every day, families nationwide face the difficult task of finding a suitable long-term care facility for their aging loved ones. This decision is often made in the middle of a crisis, and people feel pressured to get through the admissions process quickly to secure a spot for their elderly relative.

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Levin & Perconti Partner Serving as Chair of The American Association for Justice’s Nursing Home Litigation Group

Michael F. Bonamarte IV, a partner at Levin & Perconti has committed to supporting The American Association for Justice’s Nursing Home Litigation Group as the 2019-2020 term Chairman. Bonamarte, who will collaborate alongside many other knowledgeable members, will be leading a crucial role in advocating for safety and accountability in nursing home facilities.

“We provide our members — who represent our nation’s seniors and their families — with education on developments in case law and regulation and foster collaboration so that members can share knowledge and strategies,” Bonamarte recently told the Chicago Law Bulletin. “The group enables lawyers to stand up for the most vulnerable people in our society. It is my honor to take the reins as chair for the 2019-2020 term and I look forward to continuing the group’s work in various areas.”

Empty Wheelchair

Nursing Home Resident Evictions Continue Due to Medicaid Funding

Nationally, long-term care ombudsmen, who advocate for elderly and disabled residents of nursing homes and assisted living facilities, received 10,610 complaints about discharges and transfers in 2017, up from 9,192 in 2015. Many of these complaints arise when a facility asks or pressures a resident to leave with “no due process rights, no notice” even though an advanced notice is required.

We agree with the importance of the recent news report by NBC launched over the Thanksgiving holiday weekend, that some nursing home facilities illegally evict residents when their Medicaid funding runs short and replace them with short-stay Medicare residents. Still, unfortunately, skilled nursing facilities that discharge residents improperly isn’t anything new to us at Levin & Perconti. The Centers for Medicare & Medicaid Services (CMS) estimates, “as many as one-third of all residents in long-term care facilities are involuntarily discharged.” We have been sharing concerns and representing families on this issue for some time.

Levin Perconti - horrified senior citizens

Government Site Has New Way of Warning Families of Nursing Home Mistreatment and Neglect

The nursing home abuse and neglect attorneys at Levin & Perconti keep close eyes on how the federal government is using Nursing Home Compare, a website used by the public to search and compare facilities nationwide. In October, it was announced by the federal Centers for Medicare and Medicaid Services (CMS) that the site has started flagging nursing homes with a history of resident mistreatment.

In a special report published by The Washington Post on November 19, 2019, the new flagging system which uses a red circle with a white hand inside, showcases as many as one in 20 elder-care facilities across the U.S. responsible for resident abuse or neglect. The data comes from government investigators’ reports which identified evidence related to the harm or potential harm of a resident.

Proper Care

Recent Inspection Report Shows Grove of Evanston Still Underperforming

Last year, The Illinois Department of Public Health (IDPH) slapped the Grove of Evanston, 500 Asbury St., with a $25,000 fine for a Type A violation where “there is a substantial probability that death or serious mental or physical harm will result, or has resulted.” According to news sources and IDPH officials, the nursing home violated the terms of its license when it failed to assess a resident and notify a doctor of his declining condition. IDPH said the failure resulted in the resident being sent to a local hospital where he died less than 24 hours later.

Public health officials reviewed the resident’s records and recently released the report findings to show:

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