Articles Posted in Chicago Nursing Home Abuse

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“Frail and vulnerable people are harmed when nursing homes fail to meet our standards. And I don’t think any of us wants to wait until the next natural disaster or other disaster exposes some kind of a deficiency that kills dozens of people.”

                                                 -Rep. Diana DeGette (D-CO)

On Thursday, the House Subcommittee on Oversight and Investigations held a hearing to address substandard care and recent findings of abuse and neglect in U.S. nursing homes.

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elder care

Community Members Wait in Angst Over Champaign County Nursing Home Sale 

Residents and community leaders in Champaign County have had a lot to say about the $11 million sale of a financially challenged nursing home to private control under Extended Care Clinical LLC and Altitude Health Services Inc., both headquartered in Evanston. Board members say current funds are insufficient to cover nursing home operations, but a sale would essentially restore the nursing home to its original 12-month budget. Most people in the Champaign County community remain concerned about the sale to this particular buyer and would rather have it stay a county owned facility. The purchasers have already licensed care under a different name, a tactic most for-profit or private care companies will do to minimize any lasting stigmas in poor reputations.

“The proposed project contemplates the transfer of operational control of the nursing home from Champaign County to University Rehabilitation Center of C-U LLC and transfer of the physical plant to University Rehab Real Estate LLC,” according to the application. “Upon approval by the Illinois Health Facilities and Service Review Board, University Rehabilitation Center of C-U LLC will apply to the Illinois Department of Public Health to become the licensee, necessitating a change of ownership.”

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nursing home abuse

There Are Several Ways to File a Complaint Against an Illinois Nursing Home

With more than 1,200 long-term care facilities serving over 100,000 residents with all types of medical issues, Illinois facilities licensed, regulated and inspected by the Illinois Department of Public Health are open for review and often subject to complaints. Rightful complaints are evaluated under the state’s Nursing Home Care Act. The Department’s 24-hour a day Nursing Home Hotline receives nearly 19,000 calls a year.

IDPH investigates quality of care issues, such as allegations of actual or potential harm to patients, patient rights, infection control, and medication errors. The Department also investigates allegations or harm or potential harm due to an unsafe physical (building) environment. Here is a list of the most common complaints.

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nursing home abuse

Nursing Home Sexual Abuse Allegations Are Slow to Be Investigated

Throughout the country and right here in Illinois, an already crippled group of elderly are being raped and sexually abused by the very people responsible for their daily care. It doesn’t matter if they are residents of low-income Medicaid funded homes or patients who pay ridiculous costs for daily living and care support staff, the victims are out there, yet little is being done to prevent or remedy the issue. In addition, for the victims or family members who report the allegations, identifying a perpetrator remains a challenge due to the very nature and mental state of most residents.

According to a CNN report, in Illinois, since 2013:

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nursing home violations

New Report Shows Serious Care Violations and Doubled Fines For 56 Illinois Nursing Homes

The Illinois Department of Health produces quarterly reports on nursing home violators. The most recent report, dating January 2018 thru March 2018, highlights more than 50 Illinois facilities determined to be lacking in patient care abilities related to 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.

Some violations heightened with a serious high-risk designation, and all homes received fines of no less than $1,000 while others reached more than $50,000 fines for issues that caused actual harm or immediate jeopardy to residents. Several problems were related to infected bedsores, medication mix-ups, poor nutrition, and abuse and neglect of patients caused by lack of support or inexperienced, overburdened staff. These violations may result in an official recommendation for decertification to the Department of Healthcare and Family Service, or the Secretary of the United States Department of Health and Human Services. Facilities included in this report are:

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nursing home surveillance

With Elder Abuse on The Rise, Wisconsin Looks at New Way to Prosecute Offenders

Horrific. Demonic. These are the words some nursing home residents (and their family members) are using to describe their abusers. And if the thought of having your loved one beaten, left without food or resting in dirty linens, being overmedicated, sexually abused, robbed, or neglected is painful to think about, the process to prosecute a guilty party without any physical evidence can be even more gut-wrenching. Because most investigators have only the victim’s statements to go on, police struggle to build cases on just accusations. More so, the most vulnerable nursing home residents, those with cognitive issues or memory diseases, may not be able to speak up or even be aware of the abuse.

As these cases increase every year across the nation, it’s simple to see that getting away with elder abuse is just too easy. Cases remain unresolved because of the lack of evidence needed to prosecute nursing home mistreatment or crime and the trends continue. Illinois, including Texas, Oklahoma, New Mexico, Washington, and Maryland have already passed laws allowing some form of surveillance in nursing homes. In addition, Wisconsin’s Attorney General Brad Schimel recently decided enough-is-enough after county data reported 7,019 complaints in 2016, up 21 percent from just three years earlier. The state has announced a move to stop abuse by gathering reliable evidence for prosecutions via state loaned surveillance cameras to family members, free of charge for 30 days, so they can secretly record staff suspected of abusing their loved ones. This move, which is only the second video surveillance loaner program of its kind in the U.S., the other in New Jersey, has ignited protests by the elderly care industry, providers and privacy advocates.

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nursing home reform delay

Impact of Centers for Medicare & Medicaid Services (CMS) Decision to Delay Enforcement of Protections For Nursing Home Residents

On May 30 several State Attorneys General, including Illinois Attorney General Lisa Madigan, sent a joint complaint to Alex M. Azar II, Secretary of the U.S. Department of Health and Human Services and Seema Verma, Administrator Centers for Medicare & Medicaid Services and expressed extreme concern over the Centers for Medicare & Medicaid Services (CMS) actions to slow regulatory enforcements that support the safety and wellbeing for Medicare and Medicaid beneficiaries who receive care in nursing homes and long-term care facilities. In the letter, the Attorneys General are holding CMS responsible for not pushing forward a 2016 series of skilled nursing facility reforms that were set to move out in three future stages. The current administration’s delay will bring major challenges in holding facilities accountable for providing appropriate resident care and well-being.

“We write this letter to express our concern and to alert the Centers for Medicare & Medicaid Services (CMS) about the substantial and foreseeable detriment of CMS’ actions to delay enforcement of protections for Medicare and Medicaid beneficiaries who receive care in skilled nursing facilities (SNFs). The recent CMS guidance significantly decreases the protections in SNFs by rolling back reforms to improve the safety and wellbeing of nursing home residents. If allowed to proceed, recent regulatory changes will not only threaten the mental and physical security of some of the most vulnerable residents of our states, but also potentially create additional challenges for MFCU investigation and prosecution of grievances, violations, and crimes occurring in SNFs. We therefore urge you not to lower the level of regulatory oversight.”

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Nursing homes are required by law to provide a safe environment where proper care is provided. In some cases, nursing homes fail to provide adequate care. When a nursing home fails to properly care for a patient and an injury or death occurs, the facility is likely responsible for the negligent act. In one recent case, a nursing home resident died after a facility failed to properly care for a man while under their care. A lawsuit was filed against Glenshire Nursing and Rehabilitation Centre and others alleging negligent care led to the man’s death.

Pressure Sores are Serious

Pressure sores, also known as bedsores or pressure ulcers, are painful skin injuries that occur in areas of the skin that are in contact with the sheets. These sores can form because a patient is unable to adequately move about in bed. The skin rubs against the bedding in the same spots for an extended period of time, rubbing away the top layers. The result is a tender red mark. These sores are generally located on the tailbone, heels, and elbows but can show up anywhere. Once they appear, bedsores can be extremely difficult to treat and easily worsen.

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Nursing homes and care facilities are expected to support and monitor our elderly loved ones. Unfortunately, care facilities do not provide the care or supervision necessary to monitor residents and a patient sustains injuries or dies. Levin & Perconti is representing the estate of a woman who died due to alleged negligent care in a nursing home. The lawsuit was filed against Estates of Hyde Park, and other providers claiming that they failed to prevent her death.

Improper Supervision in Care Facilities

Nursing homes and care facilities must properly supervise and monitor residents. In this case, the lawsuit indicates that the nursing home staff did not take the corrective steps needed to prevent her from injuries. The woman experienced a fall and also developed pressure ulcers. These issues were reportedly not properly treated. The woman suffered pain and declining health until her death.

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When our parents become elderly they are often unable to care for themselves in their own homes. Often times, children make the difficult decision to place a loved one in a nursing facility. Nursing homes are supposed to provide proper care and supervision; therefore, we feel that our loved ones will be kept safe from harm. Sadly, that is not always the case. All too often, nursing home residents suffer from neglect or abuse while living in these facilities. Recently, a lawsuit was filed by the family of a woman who died because of alleged nursing home neglect.

Insufficient Measures Taken

According to the lawsuit, the nursing home failed to take sufficient measures to prevent the woman from falling. The woman suffered several falls while she was a resident of Sunrise at Fountain Square. The claim states that the nursing home did not adequately supervise the woman. This lack of supervision allowed a situation that caused the woman to fall. The woman was seriously injured as a result, and these injuries contributed to her death.