Articles Posted in Chicago

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elderly wanderer

Understanding Why Nursing Home Residents Wander

1 in 10 Americans, older than 65, will be diagnosed with Alzheimer’s disease, the most common type of dementia. These individuals will experience a drastic decline in mental abilities that make it difficult to complete daily activities most take for granted such as eating, bathing, socializing, or even the ability to remember their own name or address. A majority of dementia victims will require an intense amount of supervised care and physical assistance to go about these routines. More often than not, families will put their trust in a nursing home center to manage the progressive, non-curable disease that will continue to worsen their loved ones until death. For individuals with who live in nursing homes or long-term care facilities with dementia and have no family to check-in or watch out for them, receiving the best care can be difficult due to the staff responsible for the growing number of abuse and neglect cases impacting nursing home residents today.

Wandering represents one of many behavioral problems occurring in people with the dementia. In fact, six out of 10 people with dementia will wander and aimlessly move about within the facility or grounds without regard of their personal safety. For a better understanding of this phenomena, The National Council of Certified Dementia Practitioners (NCCDP) has identified several different reasons for wandering in nursing homes as well as the different types of wandering.

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A 67-year-old female nursing home resident suffering from dementia has been missing from her Bronzeville nursing home since Tuesday. She was last seen at the facility in the 400 block of E. 41st Street, near E. 41st St and Cottage Grove Avenue on Tuesday, October 23rd at 11 a.m.

The south side nursing home from which she disappeared has not been named.

The family is asking for the public’s help in locating Ernestine Booker. She is a black woman, 67 years old, 5 foot 3 inches tall, and approximately 150 pounds. Chicago Police say she was reported as last wearing a large red knit hat, a denim jacket, black pants and black shoes.  Her photo can be seen here.

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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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Levin & Perconti has filed a lawsuit against Alden Lakeland Rehabilitation and Health Care Center on behalf of Michael Leonard, a former resident who was injured after allegedly falling on two separate occasions in 2016. Alden Lakeland transferred Mr. Leonard to Presence St. Mary of Nazareth Hospital where doctors discovered a subdural hematoma, nasal bone fractures, facial contusions and abrasions, loose front teeth, altered mental status, and dehydration.

The lawsuit alleges that Alden Lakeland failed in their promise to maintain and adhere to a care plan that would enable Mr. Leonard to improve his health at the facility, ultimately allowing a healthy and timely return home. Mr. Leonard and his attorney-in-fact, Patricia Cagney, are being represented by Levin & Perconti Partner Margaret Battersby-Black.

About Alden Lakeland and The Alden Network

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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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financial exploitation

Investors Claim Rabbi Stole Millions Out of Chicago Nursing Home Deals

Several investors have come forward alleging a Skokie-based investment firm run by a rabbi, stole more than $20 million in a series of nursing home and retirement home funds around the Chicago suburbs in Norridge, South Holland and Morris, along with one Downstate, one in Indiana and the New Jersey facility. The suit alleges the investors are owed a total of more than $24 million counting interest due on their initial contributions.

According to a May 2018 report by The Real Deal, a publication catering towards Chicago real estate professionals, “a similar lawsuit filed in September in federal court in Chicago that alleges violations of the RICO act … In that suit, the investment firm created a series of LLCs to buy and sell nursing homes and retirement homes across the country, including several in the Chicago area and one in Wayne, New Jersey, according to the plaintiffs’ attorney, Craig Tobin.” Soon after, the firm was found to be keeping profits for themselves and not giving any to the investors and filling their pockets by taking from others who rely on nursing homes to survive. The scheme victimized “a 90-year-old Holocaust survivor, school teachers and sophisticated banking institutions,” the suit says. The federal lawsuit seeks more than $20 million in damages.

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When we leave our loved one in a nursing home we expect that they will be properly cared for. Sometimes, that is not the case. Nursing home neglect is more common than many people think. When a nursing home resident is left unsupervised, and an injury occurs, the result can be devastating. The family of a nursing home resident, who died after suffering alleged neglect, has filed a lawsuit. The lawsuit was filed in Cook County against Lexington Health Care Center of Orland Park and seeks damages in excess of $50,000.

Falls Are Serious

When an elderly person suffers a fall it can be very serious. The victim may suffer bruises, scrapes, and broken bones. The man in this case fell multiple times while under the care of the nursing home. These falls caused injuries that led to the man’s declining health, and contributed to his death. Unfortunately, older individuals have a hard time recovering from injuries from a fall. If they suffer broken bones, the recovery time can be lengthy and difficult.

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The civil law is premised on the idea that community members need to act reasonably in their interactions with one another. Not all accidents can be prevented–some things are simply true accidents that involve fluke circumstances. But those incidents are the exception. When analyzed deeply, many accidents that cause harm include unreasonable conduct by one, two, or many different parties. Figuring out that unreasonableness and seeking to compensate those hurt is the root of the civil law.

That is true in all settings, including the care of senior citizens.

One misconception, however, relates to gauging what is or is not reasonable. There are not simple rules, because everything hinges on context. For example, take two similar accidents–a fall in the hallway. Both fall-victims are 67 years old, both falls were caused by the shoes that the person was wearing–they were too big and made it difficult for the senior to walk. One fall took place in an emergency room waiting room–the senior went there to get a few stitches for a small cut. The other fall took place in a nursing home hallway.

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Lawyers, family members, and senior care advocates frequently cite the civil justice system as one of the key ways that long-term care facilities are actually held accountable for their conduct and spurred to make changes to minimize future harm. That point is well illustrated by a recent case related to the tragic death of a wheelchair bound resident and the lack of punishment (or chance of punishment) from state officials.

Nursing Home Wrongful Death

The Republic published an article this week about a 67-year old Tucson man who was living at a rehabilitation and care center. Like many of his fellow nursing home residents, the man had mobility problems. He was confined to a wheelchair and usually required the assistance of staff members at the home to get around properly. Obviously, nursing home staff members understand their role in helping residents in this way who depend on them to move in certain settings.

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It seems that all too often we hear of tragic incidents occurring at Nursing Homes. Today, the Chicago Tribune published an article regarding Alden Village North noting that over the past ten years, Alden has been cited thirteen times for violations in connection to the deaths of its patients.

It is unreasonable to believe that any facility can be perfect in their care, but the types of nursing home neglect that Alden has shown is, in our opinion, inexcusable. The law firm of Levin & Perconti has handled a significant number of cases against Alden for their negligent treatment and care of patients. When negligence occurs, it is important for a facility to investigate the source and correct any problems to mitigate these types of incidents. Alden has been neglecting this part of their duty.

A one-year-old Alden Village North resident who suffered from severe Down syndrome was found in his room “unresponsive and blue” about forty-five minutes after having been fed. There was no one in the room when the child died, and as such Alden was responsible to investigate the cause of the child’s death. In a state investigation, it was found that there was no evidence that the facility reviewed whether proper supervision was provided. The facility was also cited for being understaffed and for not reporting his death to the state health department.