Articles Posted in Chicago Nursing Home Abuse

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.

nursing home vote

Lawmakers Will Soon Vote on the FAIR Act to Stop Forced Arbitration 

Americans have the right of a jury trial unless forced to agree otherwise in the form of an arbitrary clause contractually. These agreements have found their way into all of our employment, consumer, franchise and even medical contracts. Once used as a tool for businesses to solve their disputes, forced arbitration has become a greedy and ruthless tactic, dangerous to consumers.

Just this week, the full House of Representatives is set to vote on the FAIR Act, H.R. 1423. The bipartisan bill, sponsored by Congressman Hank Johnson (D-GA), is vital to all American consumers as no one should be forced to agree pre-dispute to allow third-party arbitrators decide on a judgment rightfully meant for a public trial. The bill has 222 cosponsors including several Representatives from Illinois.

nursing home abuse

What To Do If You See A Nursing Home Resident’s Rights Being Violated On Social Media 

Nursing home employees are crucial in helping identify violators of the Illinois Nursing Home Care Act, including the reporting of other workers who choose to document these violations on personal Facebook, Instagram, YouTube, and Snapchat accounts or through private text messages. A recent example of this ‘social showcase of abuse’ came through Levin & Perconti’s representation of a 91-year-old woman who was taunted, and her privacy violated by two care aides formerly employed by Abington of Glenview Nursing Home in Glenview. The workers, Brayan Cortez and Jamie Montesa, taunted Margaret Collins, an elderly resident with dementia and then shared their abusive behavior within their community of followers on Snapchat. It was a former employee – still connected to the workers via the social network – who saw the video and made the right choice to alert the resident’s family of it.

At Levin & Perconti, we recognize and applaud the many overworked and underpaid care workers who ultimately save lives by reporting their co-workers, managers, and even sometimes their friends who choose to disregard the care, privacy, and treatment of nursing home residents in Illinois. But we also know there are many more workers afraid to report these incidents in fear of retaliatory actions made against their careers by the nursing home industry. The Illinois Nursing Home Care Act & Illinois Whistleblower Act protects all workers from retaliation for reporting or threatening to report a violation of the law or regulation concerning the care and privacy of nursing home residents.

Levin & Perconti Represents Injured and Evicted World War II Veteran in Neglect Suit

World War II veteran Charles Banas flew two heroic bombing missions in the D-Day invasion on June 6, 1944. The 96-year-old family man had plans to attend the 75th anniversary of the historic event with a trip to England and France to participate in commemorating ceremonies this year. Unfortunately, Banas was not present due to the negligence of an Evanston senior living home, Westminster Place. Banas had previously been residing at Westminster for more than 15 years and also received nursing and rehabilitation care at its McGaw Care Center.

Justice Lags for Dementia Patient Whose Life Savings Were Stolen by Nursing Home Staff

Although it has been nearly one year since Levin & Perconti attorneys, Steven Levin and Mike Bonamarte joined Cook County Public Guardian Charles Golbert to represent Grace Watanabe in a nursing home financial abuse case, criminal charges against the guilty parties have yet to be set.

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.
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