Articles Tagged with nursing home abuse

5 Ways to Prevent the Flu from Spreading in Illinois Nursing Homes

An estimated 80,000 people across the U.S. died of flu-related illnesses during the 2017-18 flu season, according to the director of the Centers for Disease Control and Prevention (CDC). And with the flu season well on its way to another deadly peak, reports of the very young and the very old being hit the worst are starting to emerge. Many of the elderly flu victims, those ages 65 years and older, are at greater risk for developing serious complications and are also residents of nursing home and long-term care communities. With flu activity expected to rise in the weeks and months ahead, be sure your loved one’s nursing home is prepared.

  1. Hand Washing and Hygiene: Health care facilities should provide frequent staff training on infection prevention techniques and management, including hand washing, equipment sterilization, identifying sick patients for isolation, and the quick identification of flu symptoms and treatment methods. Good hand hygiene should especially be practiced before and after all patient contact, contact with potentially infectious material, and before putting on and upon removal of personal protective equipment, including gloves. Residents and guests should be encouraged to perform hand hygiene.

Nursing Home Resident Was Humiliated With “Lap Dance” Before Dying from Bed Sores, Malnutrition, Sepsis

The family of Fred Pittman, an 84-year-old man who died after a stay at Cumberland Manor Nursing and Rehabilitation Center in New Jersey has filed a wrongful-death lawsuit against the home, alleging he was a victim of negligence. According to the suit, the man was a long-term care patient at the facility from late January through mid-February 2018. The lawsuit, filed in state Superior Court, alleges staff at Cumberland Manor neglected to “allocate sufficient resources to adequately provide” and otherwise “exercise reasonable care” and failed to:

  • prevent and timely treat injuries

Nationally Respected Attorneys

Three Illinois Nursing Home Abuse and Neglect Cases That Gained National Attention in 2019

Levin & Perconti is a nationally renowned law firm concentrating in all types of nursing home abuse and neglect claims as well as personal injury, medical malpractice, and wrongful death lawsuits. The firm’s founding partners, Steve Levin and John Perconti were among the first nursing home lawyers in Illinois and are highly regarded among their peers and adversaries for their outstanding work on behalf of victims of abuse and neglect.

Today, the Chicago based firm stands behind three decades of winning experience in defending residents who have had their rights violated and become injured while under the care of others. This is a brief review of three nursing home abuse and neglect cases represented by Levin & Perconti lawyers that made national and local news headlines in 2019.

Elderly Woman Attacked

Convict Walked Into Nursing Home and Sexually Assaulted Elderly Woman

A $50 million claim has been made against a California nursing home after a convict snuck in and sexually abused an 88-year-old woman, according to San Diego news source, NBC7. Lawyers for the victim’s family say shortly after 49-year-old Lusean Arline was released on parole, he welcomed himself through a Hillcrest nursing home’s unlocked back door and then proceeded to the second floor and sexually attack an elderly resident in her room. The report further explained that the woman was taken to a local hospital where she was treated for the rape, a broken arm, and emotional stress.

Nursing Home Negligence ‘Opened the Door’ to Violent Crime

Nursing Home Lawsuit

History of Attorney’s Fees Under the Illinois Nursing Home Care Act

In the Winter 2020 edition of Trial Journal magazine, Levin & Perconti partners Margaret P. Battersby Black and Michael F. Bonamarte IV shared their review of how the Illinois Nursing Home Care Act provides for attorney’s fees and costs to successful litigants. In the article, the attorneys discuss the uncertainty many plaintiff’s attorneys have about the calculation of fees and costs allowed when taking on nursing home cases. This ambiguity has existed since Berlak v. Villa Scalabrini Home for the Aging, Inc., one of the first cases to interpret the statutory attorney’s fees provision of the Act, finding them mandatory.

  • The requirement that the licensee pay the prevailing resident’s attorney’s fees is mandatory as evidenced by the legislature’s use of the word “shall” in the statute. Ordinarily, the use of the word “shall” in a statute is indicative of a mandatory legislative intent.

Financial exploitation

Symphony Residences of Lincoln Park Stalls Courts, Exploited Resident Waits for Justice

Grace Watanabe is a 98-year-old Japanese American survivor of the World War II Japanese internment camps. Her time spent working for the U.S. Department of Health and Human Services helped her save for her retirement. As she aged, Ms. Watanabe required much more care and moved to Symphony Residences of Lincoln Park. Without any family, she had to make the choice to become increasingly reliant on the Symphony facility and staff, paying them more than $3,600 a month for her care. Shockingly, she was taken for much more. This is the most recent update of an alarming example of a vulnerable nursing home resident being financially exploited by care staff.

  • During Watanabe’s time at Symphony, seven workers wrongfully received more than $700,000 from her.

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Your Holiday Nursing Home Visit Could Be Lifesaving

During the busy holiday season, an already understaffed nursing home care team becomes even more limited, leaving many needs of nursing home residents to go unmet. For the workers who are on staff, they become stressed and easily overwhelmed, creating a rise in the number of incidences of neglect and abuse of residents. This season, we encourage the family and friends of those residing in skilled nursing facilities to make it a priority to visit frequently and unexpectedly check-in on those responsible for providing care. Even a weekly call or stop during this time may be enough to ensure the quality in the services you expect for your mother, father, sister or grandparent is being met.

Unfortunately, even substandard care is sometimes coated, and dangerous abuse and neglect symptoms are hard first to recognize. During your visits, be sure to look for these troublesome signs of maltreatment provided by the Nursing Home Abuse Center. Be sure to report any findings or concerns you have immediately.

Levin Perconti - horrified senior citizens

Government Site Has New Way of Warning Families of Nursing Home Mistreatment and Neglect

The nursing home abuse and neglect attorneys at Levin & Perconti keep close eyes on how the federal government is using Nursing Home Compare, a website used by the public to search and compare facilities nationwide. In October, it was announced by the federal Centers for Medicare and Medicaid Services (CMS) that the site has started flagging nursing homes with a history of resident mistreatment.

In a special report published by The Washington Post on November 19, 2019, the new flagging system which uses a red circle with a white hand inside, showcases as many as one in 20 elder-care facilities across the U.S. responsible for resident abuse or neglect. The data comes from government investigators’ reports which identified evidence related to the harm or potential harm of a resident.

Proper Care

Recent Inspection Report Shows Grove of Evanston Still Underperforming

Last year, The Illinois Department of Public Health (IDPH) slapped the Grove of Evanston, 500 Asbury St., with a $25,000 fine for a Type A violation where “there is a substantial probability that death or serious mental or physical harm will result, or has resulted.” According to news sources and IDPH officials, the nursing home violated the terms of its license when it failed to assess a resident and notify a doctor of his declining condition. IDPH said the failure resulted in the resident being sent to a local hospital where he died less than 24 hours later.

Public health officials reviewed the resident’s records and recently released the report findings to show:

Nurse Yelling at Patient

Report Proves Illinois Could Do Better at Investigating Nursing Home Complaints

The Office of Inspector General (OIG) released a report in 2017 that showed several states, including Illinois, were missing the opportunity to lead a timely investigation of the most pressing nursing home complaints. These complaints included neglectful occurrences such as residents being left to sit in their urine and feces for hours, residents being admitted to the hospital because of preventable infections, and inappropriate social media posts by nursing home employees.

According to the OIG, these events will typically fall into two types of serious complaint categories that must be addressed within a specified timeframe.

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