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illinois nursing home attorneys recognized

Levin & Perconti 2020: Recovering 74+ Million for Clients

Last year, the attorneys at Levin & Perconti obtained more than $74 million in total settlements for their clients, placing the firm among the top 5 in the state, as ranked by Jury Verdict Reporter in its 2020 Settlement Report.

“We are deeply proud to be recognized for our success in securing top-dollar settlements for our clients,” said Levin & Perconti partner Steven Levin. “This is how we hold accountable those who cause injury and suffering to others.”

advocating for nursing homes

Please Continue to Advocate for Nursing Home Residents

During these difficult times, it remains vital for patients and their families to understand that nursing home residents still have the right to proper care. And providers should always be held accountable when that care goes badly wrong.

The “Safe to Work Act” was recently introduced in the U.S. Senate. The Act is designed to provide an escape route for nursing homes if negligent care and harmful abuse harms or kills nursing home residents. This immunity would extend for five years and apply to all harm to nursing home residents.

covid-19 pandemic nursing home criminal charges

Massachusetts Nursing Home Leaders Are First to Face Criminal Charges Related to Coronavirus Deaths

Holyoke Soldiers’ Home in Massachusetts is home to 76 patients who died due to coronavirus outbreak that began in March and led to 160 residents and staff members found to be positive for COVID-19. According to Massachusetts Attorney General Maura Healey, two leaders of the veterans’ home have now been criminally charged for those related deaths. Healey said the nursing home officials are believed to be the first in the country to face criminal charges in connection with the pandemic.

According to McKnight’s Long-Term Care News, “A grand jury indicted former Holyoke Soldiers’ Home Superintendent Bennett Walsh, 50, and former Medical Director Dr. David Clinton, 71, based on their decision to merge two dementia care units, combining COVID-19 positive residents with others who were asymptomatic.”

flu outbreaks during covid-19 pandemic

COVID-19 Care Failures Should Prepare Illinois Nursing Homes for Influenza Outbreaks

In the last flu season, an estimated 35.5 million people were sick with the illness, 16.5 million people required a health care provider for their treatment, and there were 490,600 influenza hospitalizations and 34,200 deaths, according to the Centers for Disease Control (CDC). Due to the coronavirus pandemic and an estimated 213,000 related deaths and counting, medical communities agree that this year’s influenza burden may magnify one of the deadliest illnesses in the United States, with the elderly residing in nursing homes affected most severely.

Shockingly, U.S. nursing homes have the lowest flu shot rates among health settings, leaving many residents of nursing homes already at a significant risk of becoming infected with COVID-19, now left to battle influenza. And as we have witnessed with the rapid spread of COVID-19, many nursing homes and long-term care facilities are not necessarily prepared to prevent an infectious disease outbreak among residents and staff. The pandemic has brought renewed attention to nursing home quality issues related to infectious diseases, such as:

october long-term care residents month

October Reminds Us That “Connection Matters” for Illinois Nursing Homes Residents

Every day, Illinois families bring their loved ones to nursing homes all around the state, some feeling certain and others uncertain that they will receive the high-quality care and comfort needed and their rights protected. Unfortunately, willful neglect, preventable accidents and illnesses, and abuse occur even in the most highly-rated facilities. October is a time to remind families and residents of the many rights designed to protect them from these situations.

Residents’ Rights Month is an annual event held in October by the National Consumer Voice for Quality Long-Term Care (Consumer Voice) to celebrate and focus on awareness of dignity, respect, and long-term care residents’ value. This year’s theme is “Connection Matters.” The theme emphasizes connections – to family, friends, and the community – as essential components of good health and residents’ quality of life.

inspecting illinois nursing homes

Nursing Homes Cited for Mistreatment Are Flagged with Special Icon on Government Website

In 2019, the Centers for Medicare and Medicaid Service’s (CMS) Five-Star Quality Rating System via The Nursing Home Compare website added a new tool to help better identify elder-care facilities with extreme and troublesome care failures. When visiting the site, the most troubled homes, many with only a one-star rating, also display a red circle with a white hand inside. The stop-sign-like icon can be used as a way to warn families of long-term care facilities currently in non-compliance and those with a documented struggle to meet Federal and state quality care measures.

These facilities meet the following criteria:

arbitration agreements for nursing homes

FAQ: Everything You Need to Know About Nursing Home Arbitration Agreements

When an individual or a family member has to make the difficult decision about residing in a nursing home, often in emergencies, they should not be forced to sign away their legal rights through mandatory arbitration agreements. But nursing homes often present residents with these optional contracts, buried within admission paperwork, and introduced as standard. When, in fact, pre-dispute arbitration agreements do not have to be signed. Instead, the deals make room for nursing home owners to bypass a judge and jury in the event of abuse and neglect and allow wrongdoers to hide behind an arbitrator’s closed doors to resolve issues. The work is done before arbitrators who frequently work with nursing facilities and leave victims without a guarantee of justice served.

Q: What is a pre-dispute arbitration agreement?

selecting a nursing home in 2020

Transitioning A Loved One Into a Nursing Home During the Coronavirus Pandemic

Nursing homes and assisted living centers should offer a safe place for your loved one, whether he or she is your parent, a family member, or a friend who needs guided rehabilitation or to make a senior care facility their future residency. It is normal for you to have questions and be concerned as a quarter of all nursing home residents will experience abuse during their residency and the coronavirus pandemic has brutally targeted the elderly nursing home population.

As you begin your research, schedule a virtual tour of a facility, or speak with an administrator, review these questions to guide your learning about the home’s staffing, environment, and infectious disease outbreaks.

understaffing and falls at nursing homes
Like many U.S. nursing homes, elder care facilities in Illinois seem continuously challenged by an inadequate amount of care workers. Even though the state requires 2.5 hours of direct care for residents each day, about a quarter of the residents in Chicago-area homes are living in understaffed conditions putting them at risk for abuse and neglect.

While some long-term care facilities have been routinely understaffed for years, others continue to manage facilities with very little interest in providing attentive and quality resident care even in the midst of a worldwide pandemic. As a result, fall-related injuries among residents are on the rise.

Hazards that contribute to nursing home resident fall injuries have included:

can dehydration cause delirium
An altered mental status is a difficult condition for nursing home residents to manage on their own, especially when symptoms can present slowly and brushed off for age-related memory loss, stress, medication side-effects, lack of sleep, or other conditions like dementia. Delirium, sometimes referred to as “sundowning” or “psychosis”, is one of those conditions that if misdiagnosed or treated with overmedication, can worsen quickly with irreversible outcomes including long-term cognitive impairments.

Delirium has been defined by The American Delirium Society (ADS) as a state of confusion that comes on very suddenly and lasts hours to days. If a nursing home resident becomes delirious, they may have hallucinations, disorganized thinking, difficulty understanding daily tasks, and inability to pay attention and be unaware of their environment or trust of the people in it. Delirium affects nearly 18% of long-term care residents and has a staggering 40% one-year mortality rate.

Nursing homes have been known to manage residents with disruptive behaviors in less productive ways, and many things can make delirium (and other mental conditions) worse, such as:

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