Articles Tagged with nursing home news

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Justice for Veterans Served: Illinois Legislators Raise Claim Cap to $2 Million, Retroactive for Quincy Legionnaires’ Victims’ Families

Triggered in 2014, the misdiagnoses and poorly managed care of residents with Legionnaires’ disease claimed the lives of 15 veterans living at the state-run VA facility in Quincy over a two-year span. Because of the tragedies, a handful of advocacy groups and Illinois lawmakers have been working to prevent deaths like this from occurring again while proposing ways to seek justified claims on behalf of those who were lost due to the state’s negligence.

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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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evacuation plan

Lawmakers in Outrage of Administration’s Relaxed Nursing Home Emergency Preparedness Proposed Requirements

Sen. Ron Wyden (D-OR) is the ranking member of the U.S. Senate Committee on Finance. He has been outspoken on many occasions regarding the outcome of nursing home preparedness in the event of an emergency such as a natural disaster. And with President Trump’s Administration’s recent announcement to ease a home’s necessary preparedness for emergencies, his concern came with outrage expressed in an official letter to the Centers for Medicare & Medicaid Services.

“It is troubling to see CMS decide to further roll back its already inadequate safeguards with this proposed rule, which does more to cut corners than cut costs,” Wyden wrote. “The Trump administration’s proposal not only strips patients of commonsense protections in order to pad the pockets of medical providers, but goes against the recommendations of well-respected national organizations charged with developing best practices for workplace and consumer safety.”

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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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evacuation plan

Senate Report Calls for U.S. Nursing Homes to Create Improved Response to Natural Disasters

When a nursing home or long-term care facility becomes vulnerable to an emergency, such as a natural disaster, all hands need to be prepared for safe resident evacuation, tracking and management of patients, backing up to an effective power and communication system, medication holding and climate control, and a plan for sanitation methods to prevent the spread of deadly infections or illnesses. Unfortunately, both Hurricane Harvey and Irma showed the world that many U.S. nursing homes are not prepared after more than a dozen seniors residing in nursing homes were perished. Months beyond these disastrous response outcomes, ranking members of the U.S. Senate Committee on Finance have called for more oversight to prevent tragedies with better planning and regulation of facilities, prompted by the release of an 84-page report highlighting the causes and consequences of facility failures related natural disasters.

Although the Centers for Medicare & Medicaid Services (CMS) pushed out new nursing home and long-term care facility standards for natural disasters in 2017, lawmakers featured in this November 2018 report said that federal rules need to be “more robust and clear,” and until changes are made, seniors in America’s nursing homes will continue to be at risk when disaster strikes.”

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nursing home theft

Public Guardian Says Dementia Resident Was Victim of Financial Corruption for Nearly a Year

Attorneys Steve Levin and Mike Bonamarte continue to offer legal support alongside acting Cook County Public Guardian Charles Golbert for a 97-year-old woman with dementia who was financially exploited by her nursing home care staff for the sum of three quarters a million dollars. It was initially believed the aging resident with dementia and no living relatives, Grace Watanabe, had her life savings of $600,000 taken from her by five care workers at Symphony Residences of Lincoln Park, located at 1366 W Fullerton Ave in Chicago. New information now suggests the amount stolen is actually closer to $750,000.

The legal team for Ms. Watanabe is working hard to recover the stolen money, hopefully with the help of Symphony administrators in releasing all requested documents regarding the financial exploitation. So far, one of the thieves has agreed to repay $15,000 to the victim.

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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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 nursing home theft

Symphony of Lincoln Park Workers Caught Stealing $600,000 from Resident with Dementia

Levin & Perconti attorneys Steve Levin and Mike Bonamarte have begun work with acting Cook County Public Guardian Charles Golbert on a local financial exploitation case involving a 97-year-old resident with cognitive and memory disorders who required assistance with her finances and trusted the staff workers at Symphony Residences of Lincoln Park, a senior facility where she had been living since 2010. The Cook County Public Guardian has since been appointed the temporary guardian after receiving news by the Illinois Department of Aging and Adult Protective Services of the financial exploitation allegations and suspicious spending between the resident’s bank account and facility employees. The Department receives more than 8,200 reports of financial exploitation involving nursing home residents each year.

It’s believed the aging resident, who previously led a life at an Arizona based Japanese internment camp during World War II against her will, and then worked hard in a career with the federal government, had earned a life savings of $600,000 which she was using to help care for herself at the Symphony facility. Because of her failing independence and need for mental health support, she required assistance in managing her savings but instead a group of workers took advantage. Today, five Symphony workers have been accused of spending their way through the woman’s personal life savings in a yearlong thieving scheme that included cashing checks, making large ATM withdrawals and accessing her funds without her consent. According to the lawsuit:

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nursing home illness

Last Flu Season Was Deadliest for Nursing Home Residents

During the 2017-2018 flu season, an estimated 80,000 Americans died and 900,000 were hospitalized, according to the U.S. Centers for Disease Control (CDC), making last year one of the deadliest our country has even seen with the elderly and very young children affected most severely. A new study from Brown University School of Public Health reports that a more immunogenic vaccine, such as the adjuvanted trivalent influenza vaccine (aTIV), can improve clinical outcomes in nursing home patients compared with a non-adjuvanted trivalent influenza vaccine.

According to the CDC, older adults with weaker immune systems also may have a lower protective immune response after flu vaccination compared to younger, healthier people.

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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