Articles Tagged with nursing homes

nursing home neglect

Nursing Home’s Failed Disaster Response Resulted in 12 Resident Deaths 

Four former employees at the Florida nursing home plagued with power outages from Hurricane Irma will be held responsible for the 12 residents who died from heat-related injuries and illnesses in 2017. The deceased were all residents at Rehabilitation Center at Hollywood Hills and ranged in age 57 to 99.

The employees, of which three were nurses and one a facility administrator, failed to do their basic duty to protect life and never dialed 911 for evacuation help. The company responsible for restoring power to the home released a statement that “those customers who have electricity dependent medical needs should call 911 if they are without power and in a life-threatening situation.”

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 attorneys

8 Things You Can Ask During a Routine Nursing Home Visit 

Everyone hopes that your family has made the right choice in transitioning a loved one to the best Illinois nursing home that will meet their specific care needs and keep them safe. But validating that best home quality doesn’t just happen before you decide to place them there. Ongoing evaluations of a facility’s ability to give the constant care and supervision will be necessary, so your loved one will not be found neglected, abused, or forgotten.

Before making any nursing home visits to see a loved one, we often advise family members to consider taking time to research the latest inspection reports and prepare questions for nursing home staff to answer that could help reveal any mistreatment.

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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:

nursing home abuse and neglect

Senators Blame Government Regulating Office for Growing Number of Nursing Home Deficiencies

On Tuesday, July 23, bi-partisan members of the Senate Finance Committee, led by ranking committee member Sen. Ron Wyden (D-OR), once again raised alarming concerns over the rising amount of physical, verbal, mental and sexual abuse incidences occurring inside U.S. nursing homes. In addition, and not for the first time this year, confusion regarding the current lack of oversight role the Centers for Medicare & Medicaid Services (CMS) is playing, and funding needs to support sufficient resident-to-staff ratios were recognized and discussed at great length.

Several lawmakers referenced a same-day released report by the Government Accountability Office (GAO) that found:

illinois nursing home attorneys

Nursing Home Resident Physically Harmed by CNA in Freeport

Freeport Police arrested a former certified nursing assistant (CNA) at an Illinois nursing home in Stephenson County after being accused of attacking an elderly resident earlier this year. The 34-year-old aid with a history of being employed by nursing homes is charged with official misconduct and aggravated battery to a senior citizen.

Detectives say the worker, identified as James Spann, put the 73-year-old resident in a chokehold and a headlock while working at Walnut Acres. Walnut Acres is formerly known as the Stephenson County Nursing Center, located at 2946 S. Walnut Rd. in Freeport.

illinois nursing home attorneys

List of 22 Seriously Under-Performing Nursing Homes in Illinois Released Publicly for First Time 

After an inquiry led by U.S. Senators Bob Casey (D-PA) and Pat Toomey (R-PA), the Special Focus Facility (SFF) program, overseen by The Centers for Medicare and Medicaid Services (CMS), shared a list of nearly 400 consistently underperforming nursing homes, 22 of which are located throughout Illinois. Previously CMS did not publicly disclose the names and locations of these SFF identified facilities. These are nursing homes that if not improved or fail to provide resolutions to documented quality problems, can be cut off by Medicare and Medicaid funding and support.

On June 3, 2019, the concerned lawmakers published the list in a public report titled, Families’ and Residents’ Rights to Know: Uncovering Poor Care in America’s Nursing Homes, and included all of the homes CMS has deemed to have a “persistent record of poor care” and systemic shortcomings.

nursing home abuse attorneys

The Time Is Now to Advocate for Older Adults

Any day is better than the last for advocating for the elderly as data from Adult Protective Services (APS) shows more than 5,000,000 elders are abused each year, including 1 in 10 elders over the age of 60. The abuse and neglect can come in many forms, including physical, emotional, sexual and financial, and not always obvious.

Like every other year, during the month of May, the Administration for Community Living, an operating division of the U.S. Department of Health and Human Services, leads our nation’s observance of Older Americans Month. For this year the theme is, Connect, Create, Contribute and aimed to encourage older adults and their communities, including advocates, to:

elder abuse law

The Problem with Easing Regulations That Protect Nursing Home Residents

Several new policies were created to safeguard residents in 2014 setting nursing homes up for better accountability, such as fining violating nursing homes each day until problems were fixed and publicly exposing a facility when residents report care complaints. But since 2016, regulation on the rules nursing homes have to follow in order to collect Medicare or Medicaid dollars has seen a risky overhaul, marking the new administration responsible for the removal of several health and safety regulations essential to protecting residents.

These rules were intended to dictate how nursing homes operate, and the group’s inspections and surveys are designed to spur change and compliance through Centers for Medicare and Medicaid Services (CMS). CMS is the federal agency tasked with the oversight and regulation of over 15,600 nursing homes in the United States. In August 2017, the Department of Health and Human Services Office of Inspector General (OIG) issued an alert that CMS has inadequate procedures to identify and report incidents of abuse or neglect to law enforcement.

nursing home wrongful death

Diabetic Patient Dies After Given Too Much Medication at California Care Facility

A diabetic patient has died at Bella Vista transitional care facility located in San Luis Obispo County in California, and the home is now facing a wrongful death lawsuit. The civil lawsuit states care staff gave an 85-year-old female patient too much medication to manage her diabetes when they dispensed four doses of medicine in less than four hours.

According to the complaint, the woman also had dementia, hypertension, hyperlipidemia in addition to her diabetes while a patient at Bella Vista the last eight months. She relied on facility staff for help with nearly all of her daily living activities and depended on them to manage her conditions and medications. As outlined in local news reports, the troubling events leading up to the woman’s death began in the early morning hours.

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