Articles Tagged with nursing home neglect

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nursing home abuse

Illinois Department of Veterans’ Affairs Submits First Required Biannual Report

The first required biannual report for the Illinois State Veterans Homes has now been published for the reporting period of July 1, 2018 through December 31, 2018 and highlights the number of complaints made by residents including those listed in a “Resident Grievance Log” and required follow-up by staff, information on any epidemic reported at a veterans home, the number of cases and information on the cases, and action taken by the homes to eradicate the spread of communicable disease. The new reporting requirements enacted in 2018 by Illinois lawmakers mandate the Department of Veterans’ Affairs Act (20 ILCS 2805/2.13) direct the Illinois Department of Veterans’ Affairs (IOVA) to report the following information to the Illinois General Assembly:

  • The number and nature of complaints made by residents;
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vietnam veteran care

Vietnam Veteran’s Wrongful Death Awarded $7 Million Verdict

A Cook County Circuit Court jury recently awarded $7 million to the family of Patrick Stein, a two-tour Vietnam veteran, suffering from post-traumatic stress disorder (PTSD), after nurses and paramedics failed to keep him safe in an ambulance transfer from St. James-Olympia Fields hospital to the Edward Hines Veterans Affairs (VA) hospital for psychiatric treatment. The 64-year-old Army veteran died in July 2014, after his PTSD confusion resettled and prompted him to exit an ambulance while it was traveling 30 to 35 miles per hours and sustain fatal injuries to his head and body. Prior to his transfer, his concerned family had brought him to the St. James-Olympia Fields emergency room after finding him outside his daughter’s home with a butcher knife clutched to his abdomen. Once Mr. Stein arrived at the hospital though, he did not remember the episode with the knife and continued to present dangerous confusion, prompting his fatal ambulance ride to the VA hospital. The U.S. Department of Veterans Affairs estimates that PTSD afflicts almost 31 percent of Vietnam veterans.

Levin & Perconti attorneys Michael Bonamarte, Margaret Battersby Black and Cari Silverman brought the suit on behalf of Mr. Stein’s family. The attorneys argued that Mr. Stein, given his medical history, should have been carefully monitored by medical staff to protect and prevent him from injuring himself during the transfer. Hospital nurses were also faulted for failing to relay information to the paramedics about his mental state. The clinical impressions of the medical staff at St. James indicated Mr. Stein to exhibit:

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poor elder care

Underfunded Glenshire Nursing Home Continues with “Bad Record”

Steve Levin, founder and senior partner at Levin & Perconti, recently spoke with FOX32 to support the news outlet’s investigative report covering trending problems for Illinois’ nursing homes stemming from a backlog and delay in Medicaid funding. One facility highlighted was Glenshire Nursing Home and Rehabilitation. Levin recently handled a case for the family of 44-year-old Parnell Benjamin who died last October due to neglect.

https://www.youtube.com/watch?v=xipybpXtrOg

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nursing home neglect

Helping Your Loved One Recognize Caregiver Neglect

Our nursing home abuse and neglect team recognizes that placing a loved one in a care facility can be one of the most difficult decisions a family can make. And with the countless reports of abuse and neglect from both for-profit and non-profit sectors of long-term care, it’s no wonder many family members have anxiety about knowing if their loved ones are truly safe and being looked after. While patients with memory diseases (like dementia) or those surviving a debilitating health event (such as stroke) may have a tough time comprehending or speaking out about neglect, many nursing home residents are able to discuss their care concerns with the help of a family member or friend who is willing to listen.

Some of the most common forms of nursing home neglect include:

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nursing home alzheimers

Alzheimer’s Residents More Likely to Wander and Elope

For the estimated 5.5 million Americans who have been diagnosed with Alzheimer’s, a debilitating memory and mental behavior disease – life is not easy. And as these people with one of the most common types of dementia age, 75 percent of them will be admitted to a nursing home by their 80th birthday and become fully dependent on someone else to care for them. Unfortunately, there are too many times when these residents are ignored, abused or tragically lost in a wandering or elopement incident. In fact, the Alzheimer’s Association reports there are close to 2 million cases of elder abuse incidences each year for dementia residents living in community settings such as nursing homes and long-term care facilities. Most long-term care ombudsman will say the true incident rates are likely to be much higher though since abuse can come in many different ways including neglect.

Wandering and elopement represent some of the many behavioral problems triggered by nursing home neglect occurring in residents with the Alzheimer’s and other dementias. In fact, six out of 10 people with dementia will wander and aimlessly move about within the facility or grounds without regard of their personal safety. For a better understanding of this phenomena, the National Council of Certified Dementia Practitioners (NCCDP) has identified several different reasons for wandering in nursing homes as well as the different types of wandering such as environmentally cued wandering, recreational wandering, agitated purposeful wandering, fantasy and reminiscent wandering, and elopement. Elopement is the most dangerous type of wandering and occurs when a patient attempts to completely leave the nursing home and wander outside. Patients are often seriously hurt or killed during this type of wandering.

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nursing home vet

Employee Helps Raise Concern Over VA Nursing Home Care

U.S. lawmakers have sent a demand letter to the head of the U.S. Department of Veterans Affairs, regarding more information be revealed following the horrific exposure of negligent care occurring at an already poorly rated Veterans Affairs (VA) facility in Brockton, Massachusetts. Investigators arrived at the facility after an employee whistleblower contacted congress on the failing nature of the home for veterans. When investigators arrived, they found half a dozen staff sleeping vs. caring for residents.

Democrats from the state, Senators Elizabeth Warren and Edward Markey, penned the letter and included concerns such as, “The continued care lapses at VA facilities raise questions about whether concrete, lasting measures are being implemented to prevent misconduct from occurring again.” Secretary of Veterans Affairs Robert Wilkie has been requested to give a full explanation regarding the steps that will be taken by the VA to fix the ongoing issues.

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elderly wanderer

Understanding Why Nursing Home Residents Wander

1 in 10 Americans, older than 65, will be diagnosed with Alzheimer’s disease, the most common type of dementia. These individuals will experience a drastic decline in mental abilities that make it difficult to complete daily activities most take for granted such as eating, bathing, socializing, or even the ability to remember their own name or address. A majority of dementia victims will require an intense amount of supervised care and physical assistance to go about these routines. More often than not, families will put their trust in a nursing home center to manage the progressive, non-curable disease that will continue to worsen their loved ones until death. For individuals with who live in nursing homes or long-term care facilities with dementia and have no family to check-in or watch out for them, receiving the best care can be difficult due to the staff responsible for the growing number of abuse and neglect cases impacting nursing home residents today.

Wandering represents one of many behavioral problems occurring in people with the dementia. In fact, six out of 10 people with dementia will wander and aimlessly move about within the facility or grounds without regard of their personal safety. For a better understanding of this phenomena, The National Council of Certified Dementia Practitioners (NCCDP) has identified several different reasons for wandering in nursing homes as well as the different types of wandering.

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abuse in hospitals

Uptown Chicago Psychiatric Hospital “Called Out” After Reports of Sexual Abuse and Neglect Involving Child Patients

Although not surprised, the entire legal team at Levin & Perconti has been cringing over the recent ProPublica Illinois investigation into Chicago Lakeshore Hospital, a private psychiatric facility located in the northside of the city. The initial ProPublica findings involve both claims of sexual abuse and related disruptions grown from the ongoing neglect of young patients in the hospital’s Child and Adolescent Behavioral Health Program. The allegations are horrific to say the least. Even so, dozens of children have bravely stepped forward and shared their personal stories of being raped and sexually abused by staff and patients, while others have been physically assaulted. Many of the hospital’s hotline complaints in just the last few months were triggered from laxed staff who created scenes of abusive sexual activity (most forced), and inappropriate or violent altercations between children and teenage patients.

Federal inspection reports in 2018, show the Illinois Department of Children and Family Services (DCFS) has investigated 16 allegations of abuse and neglect, many sexual in nature, at the hospital between staff and child patients, and other hospital residents just this year. As the Chicago Tribune recently reported, some pending investigations include these sickening allegations:

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nursing home abuse lawyers

Inappropriate Social Media Posts Involving Nursing Home Residents 

Over the last decade, as the popularity of social media platforms increased, so have incidents which workers at nursing homes and assisted-living centers shared inappropriate, abusive, degrading or embarrassing photos and videos that may also sexually exploit residents. For the workers who have been caught, they admit initiating or participating in these acts to being stressed and overworked. Whatever the disgusting motive may be, it violates the residents’ rights, and may be actionable in civil court.

As most states wait for The Office for Civil Rights within the U.S. Department of Health and Human Services to enforce the federal patient privacy law known as HIPAA related to social media exposure, a simple checklist was developed by the American Health Care Association/National Center for Assisted Living (AHCA/NCAL) for nursing homes to follow. This checklist should be reviewed by all nursing home employees often so residents’ rights to privacy (at-the-least) are upheld. Family members should start asking to review this list upon entering a new partnership with a home on behalf of their loved one.

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residents' rights month

Part 2: Residents’ Rights Month

October is Residents’ Rights Month, an annual event created by advocates to honor residents living in all long-term care facilities. This is an important time for family members and residents to be reminded of the rights anyone living in a nursing home has, protected by the 1987 Nursing Home Reform Law. In a previous blog post, the nursing home abuse and neglect attorneys at Levin & Perconti reviewed the first half of these rights to ensure readers understand residents must be treated with the same rights as those individuals residing in the larger community. Those rights found in a blog post titled Part 1: Residents’ Rights Month, include the 1) right to be fully informed, 2) right to complain, 3) right to participate in one’s own care, and 4) right to privacy and confidentiality. The remaining four residents’ rights outlined in the reform law include:

  1. Rights During Transfers and Discharges