$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.

levin & perconti coronavirus update questions

What kinds of social distancing measures are nursing homes taking at this stage of the pandemic?

CMS guidelines have eliminated all communal meals and activities to limit residents’ contact with each other and allow facilities to repurpose communal spaces (like activity rooms) to spread residents out. Likewise, CMS is prohibiting visitation by family and friends, advocates and non-essential health care providers. The only exception is for “compassionate situations,” including but not limited to end-of-life visitation. Visitors making compassionate visits will be required to wear personal protective equipment, comply with other safety measures and refrain from physical contact. Finally, a person exhibiting any respiratory symptoms whatsoever will not be allowed to visit.

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.

Levin & Perconti Promotes Attorney Andrew Thut to Partnership
Firm’s Partnership Expands to Eight Members With Work Continuing Even as Lawyers, Staff “Stay at Home”

Levin & Perconti is proud to welcome Andrew J. (“A.J.”) Thut as the firm’s newest partner.

Thut has been with the firm since 201 and earned his law degree from Loyola University Chicago School of Law. A.J. has successfully settled and tried to verdict a variety of cases, including a $2.77 million jury verdict in a nursing home fall case.

covid-19 causing nursing home transfers

We are all well aware by now of the unprecedented risks COVID-19 presents to nursing home residents due to their age and serious underlying medical conditions. Justice in Aging is a national organization that uses the power of law to fight senior poverty by securing access to affordable health care, economic security, and the courts for older adults with limited resources. The group recently put out an excellent resource for families looking to keep their loved ones safe from nursing home abuse and neglect due to COVID-19 disruptions. Many families are profoundly concerned about how the transfer of residents infected by coronavirus between facilities will be done safely.

Transferring Residents Based on Diagnosis

Centers for Medicare & Medicaid Services (CMS) waives some portions of transfer/discharge regulations, but only in three situations:

Steve Levin

A message from Attorney Steven Levin

During these difficult times it is important for patients and their families to understand that residents in nursing homes still have the right to expect proper care.

Direct communication with facility staff, including the director of nursing and administration is key.  Find out what the staff is doing to prevent and control COVID-19.  Here are some things staff should be doing:

wash your hands to prevent covid-19

On April 2, 2020, Centers for Medicare and Medicaid Services (CMS) provided updated guidance for nursing homes, after the agency’s first round of coronavirus-related facility surveys conducted the week of March 30. Even with the raised alarm of COVID-19’s known risk, 36% of U.S. long-term care facilities reviewed had staff who did not follow proper handwashing protocols.

Hand hygiene for infection prevention is an essential part of the U.S. response to the emergence of COVID-19. Nursing home staff should also adhere to Standard and Transmission-based Precautions when caring for patients with a coronavirus-related infection. The U.S. Centers for Disease Control and Infection (CDC) recommends the use of alcohol-based hand sanitizers “with greater than 60% ethanol or 70% isopropanol as the preferred form of hand hygiene in healthcare settings, based upon greater access to hand sanitizer.”

The updated guidance also formalized actions related to screening all visitors for symptoms, ensuring buildings are actively complying with existing CMS and CDC protocols and using personal protective equipment (PPE) when interacting with residents whenever possible. The CDC provides the recommended PPE described in this Infection Control Guidance.

Coronavirus disease (COVID-19) is an infectious disease caused by a new virus impacting the nearly 1.4 million patients residing in nursing homes and rehab facilities across the U.S. These individuals include the elderly and severely disabled people who are especially vulnerable to the coronavirus. Coronavirus can lead to a respiratory illness with symptoms such as a cough, fever, and shortness of breath. In a growing number of cases, it can be more severe than the flu, and dying from the virus is much more likely for older and health-compromised people.

There is a select group carrying characteristics that put them at higher risk of illness and death related to an infectious disease due to cognitive limitations, which impair their ability to respond to an emergency. This group includes those with Alzheimer’s or other forms of dementia. Unfortunately, dementia, a form of Alzheimer’s, is already “one of the only top-10 cause of death in the U.S. that cannot be prevented, cured or slowed,” says the Alzheimer’s Association. A growing majority of these individuals depend on care provided by others to manage their daily activities, medications, financial needs, and to keep them in safe environments and reside in nursing homes.

Coronavirus disease is highly infectious and caused by a new virus that is leading to a deadly respiratory illness for at-risk populations, especially nursing home residents. During this challenging time, The Consumer Voice for Quality Long-Term care has proven to be an excellent resource to those who have been isolated in a nursing home or elder community and their concerned family members. Please review and share the organization’s guidance in the hope of preventing the spread of coronavirus near you.

Coronavirus Prevention Tips for Long-Term Care Residents

The quick spread of coronavirus and strict isolation measures overtaking U.S. nursing homes has created a stressful time for not only nursing home care staff but all nursing home residents. Many of these residents are battling health conditions, living away from family, and now restricted from visitors and isolated in their rooms, or have been moved into different areas of the facility where they can no longer socialize with others. An individuals’ moral, as well as the types of mental health care resources available in nursing homes, are important considerations to take seriously during these ongoing disruptions.

In the midst of the pandemic, McKnight’s Long-Term Care News performed a survey requesting feedback from nursing home administrators and nursing directors on how they are working to “keep spirits up” during the lockdown and what types of extra attention directed toward residents is being provided.

In a McKnight’s Long-Term Care News survey published on March 30, 2020, more than 77% of the nation’s nursing homes say they are both underequipped and understaffed during the coronavirus pandemic. The findings come as groups of struggling U.S. nursing homes, including several in Illinois, begin their battle with the potentially deadly virus.

The survey found:

The coronavirus epidemic is pausing inspections conducted by State Survey Agencies (SSAs). The most recent Centers for Medicare & Medicaid Services (CMS) guidance related to nursing homes and coronavirus includes a pull-back of regular CMS inspections. The federal agency said it would only conduct revisits when Immediate Jeopardy (IJ) is cited.

CMS defines IJ as: “… a situation in which entity noncompliance has placed the health and safety of recipients in its care at risk for serious injury, serious harm, serious impairment or death. These situations must be accurately identified by surveyors, thoroughly investigated, and resolved by the entity as quickly as possible. In addition, noncompliance cited at IJ is the most serious deficiency type, and carries the most serious sanctions for providers, suppliers, or laboratories (entities). An immediate jeopardy situation is one that is clearly identifiable due to the severity of its harm or likelihood for serious harm and the immediate need for it to be corrected to avoid further or future serious harm.”

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