$17,700,000

Brain injury due to nursing staff negligence

$14,000,000

Ignored x-ray results delaying diagnosis of lung cancer

$12,000,000

Failure to diagnosis causes wrongful death

$10,000,000

Truck ran over five year boy

$7,620,000

HMO doctor ignored mother's complaints resulting in death

$7,000,000

Vietnam veteran PTSD wrongful death

illinois nursing home attorneys

Nursing Home Resident Physically Harmed by CNA in Freeport

Freeport Police arrested a former certified nursing assistant (CNA) at an Illinois nursing home in Stephenson County after being accused of attacking an elderly resident earlier this year. The 34-year-old aid with a history of being employed by nursing homes is charged with official misconduct and aggravated battery to a senior citizen.

Detectives say the worker, identified as James Spann, put the 73-year-old resident in a chokehold and a headlock while working at Walnut Acres. Walnut Acres is formerly known as the Stephenson County Nursing Center, located at 2946 S. Walnut Rd. in Freeport.

long term nursing home care

How Does the Rising Cost of Nursing Home Care Impact Residents?

About three-quarters of Americans 65 and older will need to use a nursing home at some point, but only a small fraction will have coverage via long-term care insurance or Medicare and Medicaid to help cover the enormous and growing expense. A study published on June 20, 2019, by Georgetown University Medical Center shows:

  • Nursing home prices from 2005 through 2010 consistently outpaced growth in consumer healthcare prices.

understaffing legislation

Slammed with a New Law and Bigger Fines, Will Illinois’ Nursing Homes Finally Start Providing Enough Care for Residents?

In June 2019, Illinois lawmakers, sparked by a bill sponsored by state Sen. Jacqueline Collins, D-Chicago, passed legislation in support of increasing fines and penalties for nursing homes who are not meeting minimum standards for staffing and also provided $240 million to fill a $649 million projected funding gap between the state and federal government. The Illinois Department of Healthcare and Family Services will receive $70 million of the newly budgeted state dollars to build-up nurse staffing. The bill also demands better communication between family members of loved ones who reside in nursing homes so they can be informed of staffing challenges that may interrupt or delay the level of care expected.

Several groups and elder organizations supported, endorsed, and pushed the legislation including:

nursing home neglect attorneys

New Study Shows Majority of Nation’s Nursing Homes Fail to Meet RN Staffing Requirements

Harvard and Vanderbilt medical schools recently put researchers to the task of examining payroll records from over 15,000 U.S. nursing homes, revealing the staggering truth about registered nurse (RN) staffing. Three-fourths of the nation’s nursing homes never meet federal staffing expectations for registered nurse staffing, and RNs are missing from such facilities on the weekends.

Health Affairs published the study in its July issue in which co-author David Grabowski, a professor in the Department of Health Care Policy at Harvard, said that the conclusions based on a year’s worth of newly logged payroll data, could present much more significant issues in elder care today and well into the future.

nursing home abuse whistleblower

Skilled Nursing Facility Employees Can Report Abuse and Neglect

The U.S. Department of Health and Human Services Office of Inspector General (OIG) reviewed potential abuse and neglect claims of more than 34,820 Medicare beneficiaries who were residing in skilled nursing facilities (SNFs) in 2016 and sent to the emergency room. The OIG released its findings in June of 2019 concluding that about one in five potential cases of abuse of elders or neglect were never reported to state inspection agencies, even though it’s a federal requirement for them to do so.

Here is a closer look at what the OIG report had to say:

resident violence

Nursing Home Blames “Limited Resources” for Multiple Acts of Resident-on-Resident Violence

A facility located in Aurora, Colorado and operated by Renew, First Phoenix-Aurora of Wisconsin, and Peregrine Administration of Colorado is again at the center of a violent resident-on-resident legal case involving a 92-year-old resident who was found beaten by another individual who she shared the facility with. According to reports of the lawsuit, the woman with dementia was sitting in her wheelchair, in a hallway, when the assault occurred and now suffers from anxiety and other recurring medical complications. Attorneys are seeking more than $100,000 in damages for the injured woman and her family.

The victim was failed by staff and administrators who say they don’t have the resources to keep a known violent resident, who continues to harm others, away from those who live there. Many of Renew’s residents are living with Alzheimer’s and dementia and not able to speak up or acknowledge the abuse for themselves and remain dependent on others to keep them safe and protected from such abuse.

elderly wandering risks

Hot Weather Poses Extra Health Risks for Nursing Home Residents

Even for residents who are sedentary, spending time outdoors or active indoors in small amounts can help decrease recovery times and promote independence. However, during the summer months when temperatures sometimes skyrocket into the dangerous digits, elderly who travel outdoors or are without the appropriate indoor cooling areas, can become especially at risk and negatively react to high-temperature exposures.

Because aging and certain medications can complicate the body’s ability to regulate temperatures, problems such as dehydration, fluid retention, heat stress, and heat stroke, and cardiac-related events leading to death may present more often.

Chicago nursing home attorney

Leading Lawyers Magazine Features Attorney Margaret P. Battersby Black  

Attorney and Partner at Levin & Perconti, Margaret P. Battersby Black recently appeared in Leading Lawyers Magazine where she led the article by sharing her legal philosophy: to ensure her clients’ wrongs are righted. She continued, “I want to make sure they have a voice,” says Battersby Black, “and that those who take advantage of others are held accountable.”

Margaret grew up in Michigan, alongside family members who ignited her legal career. She says her father, Michael Battersby, also a personal injury attorney, inspired her as he “was always fighting for the underdogs” and his work left an impression on her. She went on to earn her undergraduate degree at the University of Michigan at Ann Arbor and her law degree at Chicago-Kent College of Law.

Levin & Perconti Represents Injured and Evicted World War II Veteran in Neglect Suit

World War II veteran Charles Banas flew two heroic bombing missions in the D-Day invasion on June 6, 1944. The 96-year-old family man had plans to attend the 75th anniversary of the historic event with a trip to England and France to participate in commemorating ceremonies this year. Unfortunately, Banas was not present due to the negligence of an Evanston senior living home, Westminster Place. Banas had previously been residing at Westminster for more than 15 years and also received nursing and rehabilitation care at its McGaw Care Center.

Justice Lags for Dementia Patient Whose Life Savings Were Stolen by Nursing Home Staff

Although it has been nearly one year since Levin & Perconti attorneys, Steven Levin and Mike Bonamarte joined Cook County Public Guardian Charles Golbert to represent Grace Watanabe in a nursing home financial abuse case, criminal charges against the guilty parties have yet to be set.

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