Articles Posted in Chicago Nursing Home Abuse

nursing home abuse attorneys

Illinois Lawmaker Says Families Should Be Able to Observe Nursing Home Care Provided to Loved Ones with Dementia Through Video Monitoring

Senate Bill 109, a plan sponsored by Illinois Senator Terry Link (D-Indian Creek), passed the state’s Senate in late March in response to multiple complaints received by the Illinois Department of Public Health about abuse, neglect and theft against nursing home residents. The bill was designed to help families of individuals battling dementia and would allow the installation of video and audio monitoring devices in their loved one’s room to deter or detect signs of abuse and neglect. The legislation language specifically speaks to the use of electronic monitoring in patient rooms in a building or care area solely dedicated to dementia residents.

The bill is now on the way to the Illinois House for further debate. It supports a 2015 law that allowed for video and audio monitoring equipment in facilities for individuals with developmental disabilities or those living in long-term care facilities.

types of strokes

Nursing Homes Are Not Always Equipped to Recover Stroke Patients

2016 recommendations from the American Stroke Association (ASA) still stand true in 2019. If someone living in a nursing home has a stroke, they should be treated in an inpatient rehabilitation facility, rather than remain in the home. The resident may need intensive, multidisciplinary treatment and initial rehabilitation should take place in a specialized care facility equipped with the appropriate care staff. The ASA recommendations go on further to say that the “patient should participate in at least three hours of rehabilitation a day from physical therapists, occupational therapists, and speech therapists.” Since nurses are continuously available and doctors visit more often than at nursing homes, any form of recovery will be faster than if the patient remains under previous nursing home care.

6 Types of Stroke

On Wednesday, the United States Senate Committee on Finance held a public hearing entitled “Not Forgotten: Protecting Americans From Abuse and Neglect in Nursing Homes.” The hearing included statements from adult children of nursing home residents who were the victims of rape, abuse, and neglect at the hands of their caretakers.

Letter Describes How Recent Government Actions Endanger Nursing Home Residents

Prior to the hearing, six long term care advocacy organizations banded together to send a letter to the Senate Committee on Finance to remind them of the government’s recent actions that have scaled back protections for those in nursing homes.

nursing home opioids
Congressional Committee Leader Targets Centers for Medicare & Medicaid For Slow Changes of Antipsychotic Drug Use in Nursing Homes

Rep. Richard Neal (D-MA) is the author of a January 22, 2019 letter sent to the Centers for Medicare & Medicaid (CMS) administrator, Seema Verma. In the letter, the congressional committee leader overseeing Medicare says he wants to see a closer look at how nursing homes are really using antipsychotics and is also asking for greater detail on how skilled nursing facilities (SNFs) and Medicare plans alike are actively changing the way the drugs are being used.  Although antipsychotic drug overuse, theft, and abuse in nursing homes have been long-time issues in the U.S., CMS’s 2019 trend update on the problem shows nursing homes are making progress in decreasing antipsychotic prescribing.

“CMS is tracking the progress of the National Partnership to Improve Dementia Care in Nursing Homes by reviewing publicly reported measures. The official measure of the Partnership is the percentage of long-stay nursing home residents who receive antipsychotic medication, excluding residents diagnosed with schizophrenia, Huntington’s disease, or Tourette’s syndrome. In the fourth quarter of 2011, 23.9 percent of residents received an antipsychotic medication; since then there has been a decrease of 38.9 percent to a national prevalence of 14.6 percent in the second quarter of 2018. Success varies by state and CMS region; some states and regions have a reduction greater than 40 percent.”

nursing home ombudsman program

Illinois Ombudsmen May Be a Neglected Nursing Home Resident’s Only Lifeline

When a resident does not have family or friends who can visit them on a regular basis, Regional Ombudsmen or Ombudsman Volunteers may be the only persons available to help identify a problem, report care concerns, and act as a voice for those who have been neglected, forgotten, or abused. The individuals working through the Illinois Long-Term Care Ombudsman Program are also crucial in protecting the rights of residents who are disabled and may have a hard time advocating for themselves. Ombudsmen oversee assigned regions across the state and stay focused on these six main goals.

  1. Advocating to improve the quality of care and quality of life for residents of long-term care facilities in Illinois.

violator report

Final Illinois Nursing Home Violator Report Released for 2018

On January 24, 2019, the Illinois Department of Public Health (IDPH) released the final Quarterly Report of Nursing Home Violators for 2018. This most recent report dating October 2018 thru December 2018 highlights 28 Illinois facilities cited for the most serious type “A” 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. According to IDPH, an “A” violation pertains to a condition “in which there is a substantial probability that death or serious mental or physical harm will result, or has resulted.”

Facilities with an “A” violation in quarter four of 2018 included:

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:

“Imagine someone in the inside of a car with the doors locked and the windows rolled up and that person is nonverbal and can’t communicate. And you leave that person in the car until they die.

That’s what happened to our client, but it happened in a health care facility instead of a car.”  Attorney Steve Levin

https://youtu.be/e966vpOoesg

 nursing home theft

Symphony of Lincoln Park Workers Caught Stealing $600,000 from Resident with Dementia

Levin & Perconti attorneys Steve Levin and Mike Bonamarte have begun work with acting Cook County Public Guardian Charles Golbert on a local financial exploitation case involving a 97-year-old resident with cognitive and memory disorders who required assistance with her finances and trusted the staff workers at Symphony Residences of Lincoln Park, a senior facility where she had been living since 2010. The Cook County Public Guardian has since been appointed the temporary guardian after receiving news by the Illinois Department of Aging and Adult Protective Services of the financial exploitation allegations and suspicious spending between the resident’s bank account and facility employees. The Department receives more than 8,200 reports of financial exploitation involving nursing home residents each year.

It’s believed the aging resident, who previously led a life at an Arizona based Japanese internment camp during World War II against her will, and then worked hard in a career with the federal government, had earned a life savings of $600,000 which she was using to help care for herself at the Symphony facility. Because of her failing independence and need for mental health support, she required assistance in managing her savings but instead a group of workers took advantage. Today, five Symphony workers have been accused of spending their way through the woman’s personal life savings in a yearlong thieving scheme that included cashing checks, making large ATM withdrawals and accessing her funds without her consent. According to the lawsuit:

abuse in hospitals

Uptown Chicago Psychiatric Hospital “Called Out” After Reports of Sexual Abuse and Neglect Involving Child Patients

Although not surprised, the entire legal team at Levin & Perconti has been cringing over the recent ProPublica Illinois investigation into Chicago Lakeshore Hospital, a private psychiatric facility located in the northside of the city. The initial ProPublica findings involve both claims of sexual abuse and related disruptions grown from the ongoing neglect of young patients in the hospital’s Child and Adolescent Behavioral Health Program. The allegations are horrific to say the least. Even so, dozens of children have bravely stepped forward and shared their personal stories of being raped and sexually abused by staff and patients, while others have been physically assaulted. Many of the hospital’s hotline complaints in just the last few months were triggered from laxed staff who created scenes of abusive sexual activity (most forced), and inappropriate or violent altercations between children and teenage patients.

Federal inspection reports in 2018, show the Illinois Department of Children and Family Services (DCFS) has investigated 16 allegations of abuse and neglect, many sexual in nature, at the hospital between staff and child patients, and other hospital residents just this year. As the Chicago Tribune recently reported, some pending investigations include these sickening allegations:

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