nursing home news

Top Illinois Nursing Home Abuse & Neglect Cases

Published on: January 8, 2020 | Levin & Perconti

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.

$50 Million Lawsuit Filed Against Nursing Home

Published on: January 6, 2020 | Levin & Perconti

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

Chicago Tribune Op-Ed by Attorney Steven Levin

Published on: December 20, 2019 | Levin & Perconti

Steve Levin

Legislation Banning Arbitration in Nursing Homes Protects Residents’ Access to Justice

by Steven M. Levin, as published in the Chicago Tribune

Every day, families nationwide face the difficult task of finding a suitable long-term care facility for their aging loved ones. This decision is often made in the middle of a crisis, and people feel pressured to get through the admissions process quickly to secure a spot for their elderly relative.

The Problem With Nursing Home Evictions In Illinois

Published on: December 5, 2019 | Levin & Perconti

Empty Wheelchair

Nursing Home Resident Evictions Continue Due to Medicaid Funding

Nationally, long-term care ombudsmen, who advocate for elderly and disabled residents of nursing homes and assisted living facilities, received 10,610 complaints about discharges and transfers in 2017, up from 9,192 in 2015. Many of these complaints arise when a facility asks or pressures a resident to leave with “no due process rights, no notice” even though an advanced notice is required.

We agree with the importance of the recent news report by NBC launched over the Thanksgiving holiday weekend, that some nursing home facilities illegally evict residents when their Medicaid funding runs short and replace them with short-stay Medicare residents. Still, unfortunately, skilled nursing facilities that discharge residents improperly isn’t anything new to us at Levin & Perconti. The Centers for Medicare & Medicaid Services (CMS) estimates, “as many as one-third of all residents in long-term care facilities are involuntarily discharged.” We have been sharing concerns and representing families on this issue for some time.

Complaints Against Nursing Homes Are Ignored

Published on: November 12, 2019 | Levin & Perconti

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.

Margaret Battersby Black – Chicago Daily Law Bulletin’s “40 Under 40,” Class of 2011

Published on: October 24, 2019 | Levin & Perconti

Margeret Black

Catching up with Levin & Perconti Attorney Margaret Battersby Black, 40 Under 40’s Class of 2011.

Levin & Perconti’s Margaret Battersby Black was named to the Chicago Daily Law Bulletin’s 40 Under 40 List in 2011. 40 Under 40 is a highly selective honor process that recognizes outstanding attorneys from across Illinois. Since then, she has posted a series of high-profile, professional achievements that we wish to recognize.

The 39-year-old plaintiff’s attorney, who is also the parent of two young children alongside her husband Jeff, joined Levin & Perconti as a law clerk in 2006, was promoted to associate attorney in 2008 and named Partner in 2014. Margaret has since led a run of successful personal injury cases, as well as notable settlements involving falls, pressure sores and medication errors on behalf of individuals and families in lawsuits related to nursing home abuse and negligence, including but not limited to:

Guilty Nursing Homes Hide Behind Forced Arbitration Practices

Published on: September 26, 2019 | Levin & Perconti

Arbitration Agreement

FAIR Act Bill Has Passed the House, Now Headed to the Senate

On Friday, September 20, lawmakers in the House voted 225-186 to pass the Forced Arbitration Injustice Repeal (FAIR) Act, introduced by Rep. Hank Johnson (D-GA) and Sen. Richard Blumenthal (D-CT), with the help of many supporters who look to hold long-term care doers responsible for abuse and neglect. The bill is designed to end forced pre-dispute arbitration in contracts between consumers and corporations, including nursing homes, long-term care centers and assisted living communities.

Moving ahead, the FAIR Act could:

Nursing Home Arbitration Contracts Hide Poor Care

Published on: September 19, 2019 | Levin & Perconti

nursing home vote

Lawmakers Will Soon Vote on the FAIR Act to Stop Forced Arbitration

Americans have the right of a jury trial unless forced to agree otherwise in the form of an arbitrary clause contractually. These agreements have found their way into all of our employment, consumer, franchise and even medical contracts. Once used as a tool for businesses to solve their disputes, forced arbitration has become a greedy and ruthless tactic, dangerous to consumers.

Just this week, the full House of Representatives is set to vote on the FAIR Act, H.R. 1423. The bipartisan bill, sponsored by Congressman Hank Johnson (D-GA), is vital to all American consumers as no one should be forced to agree pre-dispute to allow third-party arbitrators decide on a judgment rightfully meant for a public trial. The bill has 222 cosponsors including several Representatives from Illinois.

Chaplain Pleads Guilty To Sexual Abuse Charges

Published on: September 11, 2019 | Levin & Perconti

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.

List of Illinois Nursing Homes That Violate Safety and Rights Of Residents

Published on: August 27, 2019 | Levin & Perconti

quarterly violator report

Illinois Nursing Homes Named in Second Quarter Violators Report By IDPH

The Illinois Department of Public Health (IDPH) has released its second Quarterly Report of Nursing Home Violators for 2019. This report dates April 2019 thru June 2019 and highlights 113 Illinois facilities cited for violations of 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.

Facilities with violations in quarter two of 2019 include: