$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

COVID-19 in Nursing Homes - Learn More.

covid-19 update

Dear Friends, Family, Colleagues and Clients:

We hope that this message finds you and your loved ones safe and healthy. Your well-being, and that of all our clients and colleagues, is foremost in our thoughts during this difficult time.

As Levin & Perconti continues to closely monitor the COVID-19 outbreak and its wide-reaching impacts, we share your deep concern for all those impacted by the coronavirus and the healthcare professionals, first responders and public officials working around the clock to care for them.

SteinbergCOVID19

Identifying At-Risk Older Adult Populations, Coronavirus

As the country is wrapped in a global pandemic never witnessed before by many, it’s important to make predictions about which groups of people will be most affected by coronavirus, or COVID-19. The Centers for Disease Control and Prevention (CDC) has said that older adults carry the characteristics that put them at greater risk of illness and death related to the virus. These adults may have limitations which impair their ability to respond to an infectious disease or emergency, such as:

  • Disabilities that have impaired their mobility

filing a nursing home complaint
How to Prepare Your Nursing Home Complaint and Who to Contact

The Illinois Department of Public Health and the U.S. Department of Health and Human Services’ Centers for Medicare and Medicaid Services (CMS) regulates and inspects Illinois nursing homes and long-term care facilities under the state’s licensing acts, regulations, and federal Medicare Conditions of Participation. The state’s 24-hour a day Nursing Home Hotline receives nearly 19,000 complaint calls each year.

Here is a list of the most common complaints associated with chronic nursing home problems in Illinois.

protect loved ones from coronavirus

CMS Says U.S. Nursing Homes Should No Longer Allow ‘Most’ Visitors

Centers for Medicare & Medicaid Services (CMS) Administrator Seema Verma joined President Trump’s news conference on coronavirus on March 13 in the Rose Garden, where he declared a national emergency. Verma announced that guidance will be coming for U.S. nursing homes about harsher visitor restrictions. She also said the new restrictions now include “all visitors and non-essential personnel, with few exceptions, such as end-of-life situations.”

The U.S. Centers for Disease Control and Prevention (CDC) has said that visitors and healthcare personnel are the most likely sources of introduction of COVID-19, the disease caused by the virus strain, into a long-term care facility. Many facilities in Illinois have already imposed their own harsh visitor rules in hopes of slowing the spread of the fatal virus that is responsible for the death of 22 residents of a nursing home in Kirkland, Washington as of Wednesday, March 11.

my relative has coronavirus

Federal Agencies Restrict Nursing Home Visitor Access as Coronavirus Spreads

As of March 10, 2020, there are now more than 1,000 cases of the novel coronavirus in the U.S., according to the state and local health agencies, governments, and the Centers for Disease Control and Prevention (CDC). Nineteen individuals in Illinois have tested positive for COVID-19. The highly contagious disease which puts the elderly and those with underlying health conditions into respiratory distress, has businesses, schools, and health agencies on heightened alert. Nursing homes especially have been called upon to help prevent the spread of coronavirus. Stricter guidance from the Centers for Medicare & Medicaid Services (CMS), the American Health Care Association (AHCA), the Illinois Department of Health (IDPH), and the Illinois Health Care Association is rapidly increasing for these facilities.

The most recent updated federal nursing home guidance comes from a memo delivered on March 9, by CMS, the agency in charge of regulating and enforcing care standards for the nation’s long-term care network.

Steve Levin

A message from Attorney Steven Levin

I have a loved one in a nursing home and I’m concerned about COVID-19 exposure. What should I do?

The first step is to call the director of nursing at your family member’s facility and ask about the steps they are taking to protect residents and staff. By this point, all facilities should have a written policy and action plan available for distribution. If your facility does not, request that they create it as soon as possible, and follow up until they do. Facilities should already be following longstanding CDC guidelines for infection prevention. Here are some questions that can guide your inquiry into whether they currently comply with the rules: https://www.cdc.gov/longtermcare/pdfs/factsheet-core-elements-10-infection-prevention-questions.pdf

Nursing Homes Already Have Infection Control Problems, Preventing Coronavirus Before It Spreads Will Be Another
Although nursing homes are equipped with infection control recommendations from the Centers for Disease Control and Prevention (CDC), and required to follow them by state and local health agencies – they simply are not. USA TODAY is reporting that “75% of U.S. nursing homes have been cited for failing to properly monitor and control infections in the last three years — a higher proportion than previously known.” These failures, often controlled by understaffed shifts, overworked caregivers, and less than 10% of facilities with infection-control specialty trained staff, all provide proof to predict that nursing homes are going to have even a tougher time preventing the spread of the novel coronavirus (COVID-19).

Steven Levin, founding partner and attorney at Levin & Perconti, recently spoke to USA TODAY on the dangerous yet stagnant issue of the spread of infectious disease in nursing homes, remarking that, “The nursing homes that we deal with have extreme difficulty in handling everyday infections, and it’s an infection-rich environment.”

Read the USA TODAY article titled, Coronavirus a concern in nursing homes, where 75% have been cited for infection control errors, here.

Steve Levin

A message from Attorney Steven Levin

By now it seems self-evident that the nursing homes and assisted living centers housing many of our elderly and most vulnerable citizens are uniquely susceptible to outbreaks of the novel coronavirus, COVID-19.

We know that the disease is particularly dangerous for older people. We understand intuitively that a site where older people — some of whom cycle in and out of hospitals, bringing germs back and forth — live in close quarters, with shared spaces and resources, faces heightened risk for infection and contagion.

Survey Shows Long-Term Caregivers are in Short Supply
Over the next 20 years, the country will see a surge in the number of older adults who can no longer care for themselves, as will the number of persons diagnosed with dementia. A sizable amount of these two groups are likely to need long-term care services, one being the age 85 and older population — which is expected to double between 2025 and 2040. And a new report from our Midwest neighbors to the north is showing the most grimace future for an ongoing issue we have in Illinois as well. According to a new report based on a survey of long-term care providers in Wisconsin, vacancies for caregivers increased with nearly 1 in 4 openings going unfilled.

“In the future if there continues to be vacancy rates, there may be concerns down the road about the possible closure of some long-term care facilities,” said John Vander Meer, president and CEO of the Wisconsin Health Care Association and the Wisconsin Center for Assisted Living.

Summary of Long-Term Caregiver Survey Results

management errors in nursing homes

Iowa Nursing Home with Illinois Ties Added To Federal Watch List

An Iowa nursing home in Dallas County has joined other troubled homes on the Centers for Medicare and Medicaid Services’ (CMS) Special Focus Facilities (SFF) list due to its established pattern of numerous, serious violations related to resident care. Rowley Memorial Masonic Home in Perry is responsible for 40 older residents. It is run by Health Dimensions Group, a Minnesota company that also manages nursing homes in Illinois and six other states.

Inspectors recently cited the Iowa home for:

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