Articles Posted in Chicago Nursing Home Abuse

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“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

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 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:

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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:

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nursing home abuse lawyers

Inappropriate Social Media Posts Involving Nursing Home Residents 

Over the last decade, as the popularity of social media platforms increased, so have incidents which workers at nursing homes and assisted-living centers shared inappropriate, abusive, degrading or embarrassing photos and videos that may also sexually exploit residents. For the workers who have been caught, they admit initiating or participating in these acts to being stressed and overworked. Whatever the disgusting motive may be, it violates the residents’ rights, and may be actionable in civil court.

As most states wait for The Office for Civil Rights within the U.S. Department of Health and Human Services to enforce the federal patient privacy law known as HIPAA related to social media exposure, a simple checklist was developed by the American Health Care Association/National Center for Assisted Living (AHCA/NCAL) for nursing homes to follow. This checklist should be reviewed by all nursing home employees often so residents’ rights to privacy (at-the-least) are upheld. Family members should start asking to review this list upon entering a new partnership with a home on behalf of their loved one.

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A joint study by researchers from The University of Illinois at Chicago School of Public Health, John H. Stroger Hospital, The Social Policy Research Institute and Illinois Citizens for Better Care has found that the type of facility matters when it comes to the quality of care your elderly loved one is receiving.

Chicago Hospital Records Show Elder Neglect Happening in Nursing Homes

The study ‘Association between Type of Residence and Clinical Signs of Neglect in Older Adults,’ examined 5 metropolitan Chicago-area hospital records of 1,149 elderly patients admitted from long term care settings (nursing homes) and community settings (home, assisted living, or senior living facilities). The data revealed that for-profit nursing homes had more instances of clinical neglect than any other setting. The facilities responsible for the transfer of these residents to nursing homes were all metropolitan Chicago nursing homes.

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residents' rights month

Part 2: Residents’ Rights Month

October is Residents’ Rights Month, an annual event created by advocates to honor residents living in all long-term care facilities. This is an important time for family members and residents to be reminded of the rights anyone living in a nursing home has, protected by the 1987 Nursing Home Reform Law. In a previous blog post, the nursing home abuse and neglect attorneys at Levin & Perconti reviewed the first half of these rights to ensure readers understand residents must be treated with the same rights as those individuals residing in the larger community. Those rights found in a blog post titled Part 1: Residents’ Rights Month, include the 1) right to be fully informed, 2) right to complain, 3) right to participate in one’s own care, and 4) right to privacy and confidentiality. The remaining four residents’ rights outlined in the reform law include:

  1. Rights During Transfers and Discharges
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nursing home rights
Part 1: Residents’ Rights Month

The 1987 Nursing Home Reform Law is a federal law requiring nursing homes to “promote and protect the rights of each resident” in support of individual dignity and self-determination. Unfortunately, the law is often violated without repercussion because most seniors (and their family members) are not aware of the legal protections that support an individuals’ rights when residing in a nursing home facility. The month of October has been recognized as a time to address these needs and protections. To show support, the nursing home abuse and neglect attorneys at Levin & Perconti would like to review the first four residents’ legal rights outlined within the 1987 Nursing Home Reform Law in Part 1 of this Residents’ Rights Month blog series.

Four Nursing Home Rights You Need to Know

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nursing home medication errors

Evictions and Transfers Could Lead to Medication Errors

There are many high-quality nursing home facilities committed to ensuring the residents in their care are receiving the best attention possible but that doesn’t stop family members from fearing the worst-case scenario when residents are evicted or transferred to a new facility.

In the past five years, Illinois was identified as having doubled their number of nursing home evictions and transfers. Evictions can be justified but Federal law requires nursing homes to give residents 30 days’ notice of their decision to evict them from the facility, as well as the opportunity to appeal the decision. That same notice must also be given to the state long-term care ombudsman, an elder rights representative assigned in every state.

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nursing home neglect

Skilled Care Falls Short While Nursing Home Costs Continue to Rise

While there has been a general slowing of individuals dependent on nursing home care from nearly 86 percent in 2012 to less than 82 percent in 2017, as life expectancy continues to increase in the U.S. and seniors account for a higher proportion of the population, demand for the services provided by nursing facilities will increase and no doubtingly, costs will follow suit. But supported and efficient services have failed to align and it’s our nation’s most vulnerable people and their families, as well as care staff, who pay the real price. So, who is to blame?

Third-party payors and private entities who haphazardly increase the costs of healthcare services without providing quality care of professional and skilled nurses and staff look guilty. Employing staff and pushing up labor costs only leads to widespread budget increases and less fattening of private facility pockets, but shortages can ironically do the same. Meanwhile, nursing home administrators blame behind the market reimbursement rates of patients on ‘traditional” Fee-for-Service (FFS) Medicare patients to Medicare Advantage (MA) patients to cause the industry to suffer and negatively profit, demanding them to raise general daily costs to residents and families or cut short in areas such as infrastructure and staffing quality workers.

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Certified nursing assistants (CNAs) are responsible for the majority of care provided in nursing homes. AARP says “The job of a CNA can be difficult and hazardous. CNAs have demanding workloads and are often responsible for manually lifting and turning residents, which can cause lower back injuries. They can also be exposed to infections, diseases (such as tuberculosis), and physical violence from residents.”

Many of these nursing assistants are working incredibly long hours and multiple days in a row, pushing them into overtime. For many reasons, this already exhausting and demanding job is made even more so.

We’d like to share a current snapshot of the nursing assistant industry: