Articles Tagged with nursing home abuse

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nursing home medication errors

Evictions and Transfers Could Lead to Medication Errors

There are many high-quality nursing home facilities committed to ensuring the residents in their care are receiving the best attention possible but that doesn’t stop family members from fearing the worst-case scenario when residents are evicted or transferred to a new facility.

In the past five years, Illinois was identified as having doubled their number of nursing home evictions and transfers. Evictions can be justified but Federal law requires nursing homes to give residents 30 days’ notice of their decision to evict them from the facility, as well as the opportunity to appeal the decision. That same notice must also be given to the state long-term care ombudsman, an elder rights representative assigned in every state.

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doctor opioid theft

Current or Former Employees Likely Responsible for Medication Theft

Pain medication thieves recently scored rather too easily at an Oklahoma nursing home. This was the second time in just one month in which patients’ narcotics were taken from the home. Reports from local police in Sulphur say the thieves climbed through the outside office window at the nursing home and stole more than 500 doses of opioids and other drugs including Norco ((acetaminophen and hydrocodone), Oxycontin, morphine and Xanax, and fentanyl patches. The estimated value of the stolen medications tallied in at $1,000. The home’s frustrated administrator said since the most recent incident, locks have been changed, and staff are encouraged to watch out for and report any suspicious activities. Local Police think it is possible that a current or former employee may be responsible for the theft, given that they “went straight for the key” to the medicine cart.

Levin & Perconti’s elder abuse lawyers feel this is yet another reminder for family members to keep a close eye on the security plan and safe living conditions of seniors to ensure they and their medications are protected. Nursing home negligence and lapses in care by nursing home providers can serve as just the start of possible misconduct and are often indicative of larger problems with the management of nursing facilities. When staffing decisions are made quickly or with lax standards, negligent and abusive employees are invited to abuse, steal, and wreak havoc on the lives of residents. These scenarios should never be allowed.

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elder care

Community Members Wait in Angst Over Champaign County Nursing Home Sale 

Residents and community leaders in Champaign County have had a lot to say about the $11 million sale of a financially challenged nursing home to private control under Extended Care Clinical LLC and Altitude Health Services Inc., both headquartered in Evanston. Board members say current funds are insufficient to cover nursing home operations, but a sale would essentially restore the nursing home to its original 12-month budget. Most people in the Champaign County community remain concerned about the sale to this particular buyer and would rather have it stay a county owned facility. The purchasers have already licensed care under a different name, a tactic most for-profit or private care companies will do to minimize any lasting stigmas in poor reputations.

“The proposed project contemplates the transfer of operational control of the nursing home from Champaign County to University Rehabilitation Center of C-U LLC and transfer of the physical plant to University Rehab Real Estate LLC,” according to the application. “Upon approval by the Illinois Health Facilities and Service Review Board, University Rehabilitation Center of C-U LLC will apply to the Illinois Department of Public Health to become the licensee, necessitating a change of ownership.”

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Nursing Homes May Transfer Ownership to Hide Questionable Care

In the aftermath of a resident accident, report of abuse or neglect, or serious complaints against staff, a nursing home’s lease or title may simply be transferred to another company as a way to position a band-aid over real issues. When nursing home facilities are often bought, resold and rebranded, families of residents should raise questions about whether administrators or staff are to blame.

“A May 2016 article in the Boston Globe highlighted the findings of a Harvard University study on the impact an acquisition has on nursing home quality. The study found that there was a direct link between the number of times a facility had changed hands and the number of state violations it had. The authors ultimately concluded that the changing of hands wasn’t the cause, but the fact that the facility itself was plagued by troubles and that changing ownership did little to improve it.” – The Centers for Medicare & Medicaid Services

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nursing home abuse

There Are Several Ways to File a Complaint Against an Illinois Nursing Home

With more than 1,200 long-term care facilities serving over 100,000 residents with all types of medical issues, Illinois facilities licensed, regulated and inspected by the Illinois Department of Public Health are open for review and often subject to complaints. Rightful complaints are evaluated under the state’s Nursing Home Care Act. The Department’s 24-hour a day Nursing Home Hotline receives nearly 19,000 calls a year.

IDPH investigates quality of care issues, such as allegations of actual or potential harm to patients, patient rights, infection control, and medication errors. The Department also investigates allegations or harm or potential harm due to an unsafe physical (building) environment. Here is a list of the most common complaints.

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nursing home abuse

Nursing Home Sexual Abuse Allegations Are Slow to Be Investigated

Throughout the country and right here in Illinois, an already crippled group of elderly are being raped and sexually abused by the very people responsible for their daily care. It doesn’t matter if they are residents of low-income Medicaid funded homes or patients who pay ridiculous costs for daily living and care support staff, the victims are out there, yet little is being done to prevent or remedy the issue. In addition, for the victims or family members who report the allegations, identifying a perpetrator remains a challenge due to the very nature and mental state of most residents.

According to a CNN report, in Illinois, since 2013:

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nursing home abuse and neglect

Aperion Care Capitol Nurse Was Never Trained on Feeding Tube Placement

According to a state report filed by the Illinois Department of Public Health, Aperion Care Capitol, a 251-bed skilled-care facility and nursing home located at 555 W. Carpenter St. was fined for “failing to ensure there were appropriately trained staff to reinsert a feeding tube” that fell out while two nursing assistants were haphazardly removing the patient’s T-shirt.

According to the March 2018 report:

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nursing home neglect

Payroll Records Indicate Nursing Home Staffing Shortages Create Serious Gaps in Patient Care

Only recently did the Centers for Medicare & Medicaid Services (CMS) begin collecting and reviewing daily payroll records from more than 14,000 nursing homes. The publishing of the data became required by the Affordable Care Act of 2010. Kaiser Health News recently analyzed the submissions and caught that most U.S. nursing homes have been operating grossly understaffed and reporting a false review of average employee shifts. Kaiser claims these nursing homes had:

  • Significant fluctuations in day-to-day staffing, with particularly large shortfalls on weekends when personnel cared for nearly twice as many residents as normal.
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nursing home violations

New Report Shows Serious Care Violations and Doubled Fines For 56 Illinois Nursing Homes

The Illinois Department of Health produces quarterly reports on nursing home violators. The most recent report, dating January 2018 thru March 2018, highlights more than 50 Illinois facilities determined to be lacking in patient care abilities related to the Nursing Home Care Act, a statute that provides nursing home residents and their families with the assurance that proper and safe care will be received.

Some violations heightened with a serious high-risk designation, and all homes received fines of no less than $1,000 while others reached more than $50,000 fines for issues that caused actual harm or immediate jeopardy to residents. Several problems were related to infected bedsores, medication mix-ups, poor nutrition, and abuse and neglect of patients caused by lack of support or inexperienced, overburdened staff. These violations may result in an official recommendation for decertification to the Department of Healthcare and Family Service, or the Secretary of the United States Department of Health and Human Services. Facilities included in this report are:

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nursing home surveillance

With Elder Abuse on The Rise, Wisconsin Looks at New Way to Prosecute Offenders

Horrific. Demonic. These are the words some nursing home residents (and their family members) are using to describe their abusers. And if the thought of having your loved one beaten, left without food or resting in dirty linens, being overmedicated, sexually abused, robbed, or neglected is painful to think about, the process to prosecute a guilty party without any physical evidence can be even more gut-wrenching. Because most investigators have only the victim’s statements to go on, police struggle to build cases on just accusations. More so, the most vulnerable nursing home residents, those with cognitive issues or memory diseases, may not be able to speak up or even be aware of the abuse.

As these cases increase every year across the nation, it’s simple to see that getting away with elder abuse is just too easy. Cases remain unresolved because of the lack of evidence needed to prosecute nursing home mistreatment or crime and the trends continue. Illinois, including Texas, Oklahoma, New Mexico, Washington, and Maryland have already passed laws allowing some form of surveillance in nursing homes. In addition, Wisconsin’s Attorney General Brad Schimel recently decided enough-is-enough after county data reported 7,019 complaints in 2016, up 21 percent from just three years earlier. The state has announced a move to stop abuse by gathering reliable evidence for prosecutions via state loaned surveillance cameras to family members, free of charge for 30 days, so they can secretly record staff suspected of abusing their loved ones. This move, which is only the second video surveillance loaner program of its kind in the U.S., the other in New Jersey, has ignited protests by the elderly care industry, providers and privacy advocates.