Articles Tagged with nursing home abuse

Arbitration Agreement

Forced and Often Rigged, Arbitration Only Helps Companies

Some companies practice forced arbitration by removing its consumers and workers right to file a claim in a public court through formal, signed agreements. As defined by the American Bar Association, arbitration is “a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments.” Similar to what happens in a trial, those involved will present their case along with evidence to the arbitrator. But parties may not have to follow state or federal rules of evidence. Likewise, the arbitrator is not always required to apply the governing law.

Millions are subject to the binding process, according to a new report by the American Association for Justice (AAJ). Truth About Forced Arbitration, calls the process an immunity and effort to allow companies to continue breaking the law. The AAJ collected five years of data on consumer and employment forced arbitrations reported by the nation’s two largest arbitration providers, the American Arbitration Association (AAA) and Jams and concluded these findings.

nursing home abuse

Air Force Veteran Dies in Nursing Home, Covered in Ant Bites

Our team of nursing home abuse and neglect attorneys is again frustrated to hear of another veteran left in immediate danger in a Veterans Affairs (VA) nursing home regulated by the Federal government and Department of Veterans’ Affairs. Joel Marrable, a Vietnam War veteran, had taken up residence at the Eagles’ Nest Community Living Center and was dependent on the Atlanta, Georgia VA Medical Center for his daily living and ongoing medical needs. The 74-year-old veteran of the Air Force had been battling cancer before he recently died in the VA nursing home – covered in ant bites.

Marrable’s daughter, Laquna Ross told WSB-TV, “His room had ants, the ceiling, the walls, the beds. They were everywhere. The staff member says to me, ‘When we walked in here, we thought Mr. Marrable was dead. We thought he wasn’t even alive because the ants were all over him.'”

nursing home abuse

Nursing Home Chaplain Agrees to Guilty Plea Deal in Sex Abuse Case

The Good Samaritan Home of Quincy is a place for residents to live independently but also provides environments for assisted living, skilled nursing care, rehabilitation, and dementia care. On Thursday, August 29, a former chaplain of the home James E. Riley, appeared in court to waive his right to a jury trial after a case was opened accusing him of sexually abusing two residents of the nursing home. The victims are ages 88 and 78, and the assaults are said to have happened at the Good Samaritan Home, located at 2130 Harrison Street in Quincy, Illinois, in May of this year.

A negotiated plea of guilty and sentencing hearing is expected to include two counts of criminal sexual abuse, one count of criminal sexual assault, and one count of predatory criminal sexual assault through the use of force.

dementia patients

Dementia Residents Are Easy Targets for Nursing Home Abusers and Bullies

For nursing home residents with dementia, a form of Alzheimer’s, daily care is largely dependent on others. Nursing home workers of many types assist these patients in managing daily living activities such as bathing, dressing, and eating, exercising, managing their medications, and even overseeing finances. Dementia patients require extra attention and guided support as they are naturally prone to higher personal injury rates, infection, and falls but also more likely to become a victim of abuse and neglect, have their privacy violated and also be bullied by both nursing home workers and other residents. All residents, no matter what their situation, have the right to privacy, dignity, respect, and freedom. They should be treated with consideration and be free from all types of mental and physical abuse.

It’s important to remember that nursing homes must meet these federal residents’ rights requirements to continue participation in Medicare or Medicaid. If not, they must be held accountable.

nursing home abuse

What To Do If You See A Nursing Home Resident’s Rights Being Violated On Social Media 

Nursing home employees are crucial in helping identify violators of the Illinois Nursing Home Care Act, including the reporting of other workers who choose to document these violations on personal Facebook, Instagram, YouTube, and Snapchat accounts or through private text messages. A recent example of this ‘social showcase of abuse’ came through Levin & Perconti’s representation of a 91-year-old woman who was taunted, and her privacy violated by two care aides formerly employed by Abington of Glenview Nursing Home in Glenview. The workers, Brayan Cortez and Jamie Montesa, taunted Margaret Collins, an elderly resident with dementia and then shared their abusive behavior within their community of followers on Snapchat. It was a former employee – still connected to the workers via the social network – who saw the video and made the right choice to alert the resident’s family of it.

At Levin & Perconti, we recognize and applaud the many overworked and underpaid care workers who ultimately save lives by reporting their co-workers, managers, and even sometimes their friends who choose to disregard the care, privacy, and treatment of nursing home residents in Illinois. But we also know there are many more workers afraid to report these incidents in fear of retaliatory actions made against their careers by the nursing home industry. The Illinois Nursing Home Care Act & Illinois Whistleblower Act protects all workers from retaliation for reporting or threatening to report a violation of the law or regulation concerning the care and privacy of nursing home residents.

nursing home attorneys

Aperion Care Fined After Dementia Resident Was Sexually Assaulted 

The Illinois Department of Public Health (IDPH) has fined an Aperion Care nursing home in Jacksonville $25,000 for an alleged resident-to-resident sexual assault. According to the state agency’s report of Illinois nursing home violators, an investigation found the facility to have failed at adequately assessing and identifying sexual vulnerability and resident-to-resident abuse.

Here is what was found through IDPH’s report:

Margaret Battersby Black appears on Fox & Friends with her client Joan Biedel, whose mother is the subject of a nursing home abuse case that has gotten national attention.

Nursing home resident Margaret Collins, a 91 year old woman with dementia, was the subject of repeated harassment from two nursing home employees. The upsetting viral video has caused a backlash of anger against elder abuse and an outpouring of support for Margaret Collins and her family.

Chicago News – CBS 2 News at 10:00 covers the story of Margaret Collins.

Nursing home resident Margaret Collins, a 91 year old woman with dementia, was the subject of repeated harassment from two nursing home employees. The upsetting viral video has caused a backlash of anger against elder abuse and an outpouring of support for Margaret Collins and her family.

nursing home snapchat video

Video of Dementia Resident Taunted by Nursing Home Caregivers Was Shared on Social Media 

Levin & Perconti is representing the family of a 91-year-old woman after two of her care aides, formerly employed by Abington of Glenview Nursing Home in Glenview, violated the Illinois Nursing Home Care Act and state privacy laws through abuse and the use of social media. The workers, Brayan Cortez and Jamie Montesa, were caught publishing a Snapchat video of themselves taunting Margaret Collins, an elderly resident with dementia. Snapchat is a multimedia app and popular social media channel used by over 180 million people every day. Each post made is called a “snap.”

The video went public just days before the Christmas holiday in 2018 and showed Collins lying in bed and visibly upset from being taunted by employees throwing a hospital gown at her several times, a clothing item her family says Abington workers knew would make her distressed. The video was captioned with “Margaret hates gowns,” and the “snap” was decorated with two laughing face emojis. A former employee saw the video and shared it with the resident’s family.

nursing home abuse attorneys

New Rule May Help Justify Antipsychotic Drug Use in Nursing Homes 

For some nursing home residents battling psychosis and severe mental disorders conditions such as schizophrenia, antipsychotic drugs may help when prescribed and administered responsibly. But for decades these narcotics that come with a “black box” warning and dangerous side effects have been overused in dementia residents to hush or lessen their needs on nursing home staff, despite rules against the misuse of these drugs as chemical restraints and drugging patients without their consent.

Earlier this month, the Center for Medicare & Medicaid Services (CMS) proposed a rule that could make the use of antipsychotic drugs such as Clozapine, Abilify, and others easier to come by through simplifying “the survey process and reduce improper deficiency citations, as well as remove potential obstacles for mental health professionals to provide quality care for residents.”

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