Articles Posted in Nursing Home Abuse

Nursing Home Resident Was Humiliated With “Lap Dance” Before Dying from Bed Sores, Malnutrition, Sepsis

The family of Fred Pittman, an 84-year-old man who died after a stay at Cumberland Manor Nursing and Rehabilitation Center in New Jersey has filed a wrongful-death lawsuit against the home, alleging he was a victim of negligence. According to the suit, the man was a long-term care patient at the facility from late January through mid-February 2018. The lawsuit, filed in state Superior Court, alleges staff at Cumberland Manor neglected to “allocate sufficient resources to adequately provide” and otherwise “exercise reasonable care” and failed to:

  • prevent and timely treat injuries

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Levin & Perconti Partner Michael Bonamarte Shares Highland Park Connection with Pioneer Press

Although Levin & Perconti partner Michael Bonamarte IV calls Winnetka home for his family including wife Julia and young daughter, the accomplished attorney is proud of his Highland Park roots with a strong family history in public service. Michael recently talked to the Pioneer Press, a division of Tribune Publishing which runs 32 local newspapers in the Chicago area, about his career and family. The weekly feature called Shout Out is a short Q & A session aimed to connect suburban Chicago readers to their fellow community members and local visitors. Here is an extended recap of his conversation with reporter Daniel Dorfman.

Q: What are your favorite memories of growing up in Highland Park?

Senior Living and Music

New Study Finds Hopeful Link Between Patients with Dementia and Music

Dementia, a form of Alzheimer’s, is “one of the only top-10 causes of death in the U.S. that cannot be prevented, cured or slowed,” according to the Alzheimer’s Association in Illinois. The majority of individuals diagnosed with dementia symptoms grow to rely on care provided by a nursing home to help manage their daily activities, medications, financial needs, and assist them while residing in a safe environment.

For decades, physicians and families of nursing home residents have fought against the misuse of antipsychotic drugs to treat dementia symptoms rather than look to alternative treatments. Researchers now say findings related to how the human brain responds to a familiar song at super speed could be used to help calm patients battling dementia.

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Residents Have the Right to Appeal a Nursing Home Discharge Decision

When a resident is transferred or discharged from a nursing home, the change can create monumental impacts on the emotional, physical and financial well-being of an already vulnerable individual and those who remain dependent on others for their daily care.

Common reasons for a facility to discharge, according to The National Consumer Voice for Quality Long-Term Care, may include:

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 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.

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Aperion Care Fined After Dementia Resident Was Sexually Assaulted 

The Illinois Department of Public Health (IDPH) has fined an Aperion Care nursing home in Jacksonville $25,000 for an alleged resident-to-resident sexual assault. According to the state agency’s report of Illinois nursing home violators, an investigation found the facility to have failed at adequately assessing and identifying sexual vulnerability and resident-to-resident abuse.

Here is what was found through IDPH’s report:

Chicago News – CBS 2 News at 10:00 covers the story of Margaret Collins.

Nursing home resident Margaret Collins, a 91 year old woman with dementia, was the subject of repeated harassment from two nursing home employees. The upsetting viral video has caused a backlash of anger against elder abuse and an outpouring of support for Margaret Collins and her family.

nursing home snapchat video

Video of Dementia Resident Taunted by Nursing Home Caregivers Was Shared on Social Media 

Levin & Perconti is representing the family of a 91-year-old woman after two of her care aides, formerly employed by Abington of Glenview Nursing Home in Glenview, violated the Illinois Nursing Home Care Act and state privacy laws through abuse and the use of social media. The workers, Brayan Cortez and Jamie Montesa, were caught publishing a Snapchat video of themselves taunting Margaret Collins, an elderly resident with dementia. Snapchat is a multimedia app and popular social media channel used by over 180 million people every day. Each post made is called a “snap.”

The video went public just days before the Christmas holiday in 2018 and showed Collins lying in bed and visibly upset from being taunted by employees throwing a hospital gown at her several times, a clothing item her family says Abington workers knew would make her distressed. The video was captioned with “Margaret hates gowns,” and the “snap” was decorated with two laughing face emojis. A former employee saw the video and shared it with the resident’s family.

nursing home abuse and neglect attorneys

First Came the Record-Setting Award, and Now the Nursing Home Is Paying Legal Fees

On July 18, 2017, a record-setting $4.1M award was won by Levin & Perconti’s legal team of Margaret P. Battersby Black, Steven M. Levin, Susan L. Novosad, Daniel A. Goldfaden and sole practitioner Michael W. Rathsack on behalf of the estate of Dolores Trendel. On June 28, 2019, Justice James Fitzgerald Smith wrote in an unpublished order allowing the estate to recover the cost of litigation from the negligent nursing home at the center of the case – Clare Oaks.

The Nursing Home Care Act requires licensed senior care facilities to pay “the actual damages and costs and attorney’s fees to a faculty resident whose rights … are violated.”

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