Chicago Nursing Home Abuse Lawyer Blog

The husband of Viola Jane White claims his wife was transferred to an Illinois nursing home from a Florida long-term care facility on Christmas Eve without his consent. Viola, 65, is sick and must be hooked up to a ventilator and undergo dialysis in order to stay alive. Elmwood Care nursing home in Elmwood, Illinois, is 1,000 miles from where her husband, William White resides.

William, 72, says he is angry that Kindred Hospital failed to ask for his permission before transferring her and instead, asked his wife to sign the approval papers. He says his wife is not even capable of figuring out what day it is. William says he doesn’t know when he’ll be able to see his wife.

The hospital reportedly sent the Whites a letter informing them that Viola’s Medicare and Medicaid benefits would be exhausted by the middle of November. William says he was told the only way that Viola could avail of Medicaid and Medicare benefits was if she moved to a nursing home in another state.

On Friday, Kindred Hospital issued a statement to local media. The long-term care facility says that Mrs. White was discharged because she no longer needed “high-intensity medical care.”

Nursing Homes
Choosing to admit a sick or elderly loved to a particular nursing home is a very personal choice and one that requires a great due diligence and investigation. Many nursing home experts recommend that the prospective patient and/or loved ones visit the home to make sure that the place is clean, the services are good, and that the environment is one that your loved one can feel comfortable living in while receiving the care that she or he needs.

Many nursing home experts also recommend that you select a nursing home facility that is close enough for loved ones to visit regularly. Not only does this make living in the new home easier for the resident but it allows him or her to maintain relationships with family and friends. It also gives relatives a chance to check on the their loved one and make sure that he or she does not become the victim of nursing home abuse or nursing neglect. According to NursingHomeGuide.org, hospitals cannot transfer a patient to a nursing home without the patient’s consent.

Husband Says Hospital Moved His Wife 1,000 Miles Away On Christmas Eve-, First Coast News, December 25, 2008

Nursing Home Guide

Related Web Resource:

Nursing Homes in Illinois

Continue reading " Ailing 65-Year-Old Woman Moved to Illinois Nursing Home 1,000 Miles Away from Her Husband Without His Consent on Christmas Eve " »

Nursing homes are paid to provide sick and elderly residents with the proper care, as well as ensure that they do not become the victims of nursing home abuse or neglect. Unfortunately, each year, too many nursing home residents are sexually assaulted, mentally abused, verbally abused, physically assaulted, or neglected.

Signs that your loved one may be the victim of nursing home assault include:

• Unexplained bruises or broken bones
• Sudden hair loss
• Sudden change in behavior
• Mood swings

Nursing home abuse of any kind not only batters the body, but bruises the soul. It can also lead to the deterioration of your loved one’s health, including his or her death.

Just this week, there were at least three reports of nursing home workers who were apprehended for allegedly abusing nursing home residents:

• A 29-year-old female nursing home worker was indicted for allegedly assaulting a 90-year-old resident in front of other people. The patient has dementia and physical problems, and witnesses claim that the nursing home worker became frustrated with her.

• Five nursing home workers were fired after they were arrested for allegedly assaulting a 94-year-old resident.

• A nursing home aide who hit an 89-year-old resident on the head with a soiled diaper was sentenced to 120 days in jail. The worker must also take an anger management course and serve three years probation.

Salem woman sentenced for assault of patient, CourierPostOnline, December 24, 2008

Allegheny County Nursing Home Workers Accused Of Assault, The Pittsburgh Channel, December 24, 2008

Police: Nursing Home Worker Hit 90-Year-Old, WHIO, December 23, 2008

Related Web Resources:

Nursing Homes, Medicare

Nursing Home Abuse and Neglect Resource Center

Continue reading " Recent US Nursing Home Abuse Incidents Involving Patient Assault " »

A jury has ordered a US nursing home to pay a woman $1.25 million for her father’s wrongful death. Melvin Raybon died in 2004 after suffering from an infected bed sore caused by nursing home negligence. He became a resident at the Tucker Nursing Center in 2002. Nine months after his admission, he was sent to the hospital for treatment of a bed sore on his left buttock.

The wrongful death lawyer for Raybon’s estate says the home did not have enough staff members to provide the 67-year-old with the proper care so he could be turned over every two hours to prevent bed sores from occurring. After the hospital stabilized his infection, Raybon’s condition deteriorated, and he suffered from malnutrition, more bed sores, and infections leading up to his death.

According to the Agency for Healthcare Research and Quality:

• In 2006, 503,3000 patients who were admitted to US hospitals were suffering from bed sores.
• This figure is a dramatic increase from 1993, when only 281,300 hospital patients were treated for the same condition.
• The majority of patients suffering from bed sores were seniors, 65 years of age or older.
• According to the American Hospital Association, the increase in bed sores may be due to the increase in elderly patients being admitted to US hospitals.

Bed sores can lead to serious health complications for nursing patients, especially for those who are sick or frail. Nursing homes are responsible for making sure their workers turn bedridden patients on a frequent basis—every two hours is recommended—so that infections don’t arise.

Hospitals Face a New Epidemic: Bedsores, New York Times, December 8, 2008

The Centers for Medicare and Medicaid Services has introduced a 5-star rating system assessing almost 16,000 US nursing homes for the quality of care they provide. The rankings are based on a compilation of complaint investigations, inspection records, and quality measures. A lot of the information is from 2008.

Kerry Weems, the Acting Medicare Administrator, says the new rankings should hopefully push nursing homes to improve the quality of care that they provide. This will hopefully reduce the number of nursing home abuse and neglect incidents that occur in US care facilities.

In Illinois, 792 nursing homes were ranked by the CMS. While 82 Illinois nursing homes received 5 stars, 207 Illinois nursing homes received just 1 star. A 1 star is considered “much below average” and a 5 star is for “much above average.”

Nationally:

• 23% of US nursing homes were given 1 star for overall performance.
• Nursing homes connected to hospitals received higher rankings than nursing homes that do not have this association.
• 19% of non-profit nursing homes received 5-star rankings.
• Only 9% of for-profit nursing facilities received 5-stars.

Some Illinois nursing home operators say the CMS’s new rating system is unfair and deeply flawed, especially as Illinois nursing homes are upheld to higher standards than nursing homes in other US states. They are worried that this could cause local nursing homes to look worse than other nursing homes if they fail to uphold Illinois’s more rigorous standards.

Feds rate U.S. nursing homes, USA Today, December 18, 2008

17 area nursing homes get lowest ranking possible, BND.com, December 22, 2008

Related Web Resources:

Nursing Home Compare Site, Medicare

Nursing Homes: 10 Best States for Overall Staffing, US News and World Report, December 19, 2008

Continue reading " Illinois Nursing Homes Rated for Quality by the Centers for Medicare and Medicaid Services " »

Illinois prosecutors have dropped the criminal abuse charges filed against two Elgin Mental Health Center workers for their alleged involvement in the death of a Chicago patient who was fed fish even though the facility was warned that he was allergic. Morris Howard, 58, died on June 20 after eating the fish and going into anaphylactic shock.

The charges were dropped last week after prosecutors found there was not enough evidence to show that security therapy aides Virdia Spain and Illuminada Tizon had fed Howard the fish because they knew it could kill him. Prosecutors, however, also said that they believed that a level of negligence occurred in order for the feeding error to happen.

Not only had the Elgin facility and its workers been warned of Howard’s food allergy, but notes had been made on his chart and special colored cards reminding people of his fish allergy had been placed on his food tray.

Howard had serious mental and physical disabilities from a gunshot injury and required on-on-one attention from the staff members In Kane County. A coroner’s jury ruled that the cause of his death was homicide by negligence.

Illinois nursing homes, mental health centers, and other long-term residential care facilities are responsible for making sure that residents are fed properly so that they get the nutrition that they need and do not suffer from dehydration. Some residents may even have a special diet that is important to follow—especially if a patient is diabetic, a vegetarian, allergic to dairy, nuts, nother food product, or is in need of specific nutrients in order to stay healthy. A patient's diet may even be specially prescribed by a physician.

Illnesses, injuries, and deaths that arise at an Illinois nursing home because workers were negligent in the care or feeding of a patient can be grounds for criminal charges against all responsible parties. Even if there is insufficient evidence to file criminal charges, you may be able to file an Illinois nursing home neglect lawsuit to recover damages.

Charges dropped in allergy death of patient at Elgin Mental Health Center, Chicago Tribune, December 19, 2008

Allergy death is ruled homicide by negligence, Chicago Tribune, October 31, 2008

Related Web Resources:

Nutritional Issues in Nursing Home Care, Annals of Internal Medicine

Nursing Homes, Medicare

Continue reading " Illinois Prosecutors Drop Criminal Abuse Charges Against Two Mental Healthcare Facility Workers Blamed for Allergy Death of Chicago Patient, But Still Say They Acted Negligently " »

Holiday shopping can be a challenging task when it comes to finding the right present for a loved one living in an Illinois nursing home. The Illinois Council on Long Term Care is offering a list of suggestions of gifts you can buy for that special relative or friend.

Suggestions include:

• A 2009 calendar listing upcoming birthdays and anniversaries
• Correspondence materials and stamps
• A lap desk for writing
• A phone book containing the contact information of family and friends
• A cardigan made with large buttons or other clothing that is easy to put on and take off
• A cell phone that has big buttons
• Shoes with rubber soles that are comfortable to wear and provide support
• Enclosed slippers
• CD’s of your loved one’s favorite tunes
• Clocks with large numbers and/or talking capabilities
• A CD player
• A DVD player
• DVD’s of your loved one’s favorite movies or tv shows
• A television
• A subscription to one of your loved one’s favorite magazine
• Books in large print
• A newspaper subscription
• Playing cards
• Chess game
• Bingo
• Board games
• Framed pictures of loved ones
• A thick blanket or shawl
• Perfume or other toiletries

Keep in mind that it is important to remain sensitive to your loved one’s particular needs and preferences when selecting his or her present. Some gifts are not appropriate for someone who is suffering from arthritis or diabetes.

Visiting your loved one at their Illinois nursing home during the holidays is also a great opportunity to make sure that they are receiving the care that they need at that they feel happy and safe. If you suspect that your loved one is the victim of nursing home abuse or nursing neglect, there are steps you can take to protect him or her.

Holiday Gift Ideas for Nursing Home Residentshttp://www.malmanlaw.com/, Nursing Home.org, December 4, 2008

Continue reading " Illinois Council on Long Term Health Offers Suggestions for Holiday Gifts to Give Illinois Nursing Home Residents " »

The US Centers for Medicare and Medicaid Services is ordering a Springfield, Illinois nursing home to pay a $3,500 fine for failing to prevent a patient’s fall accident. 86-Year-Old Alfred “Stan” Catherwood tumbled down a flight of steps at Capitol Care Center while strapped to his wheelchair. The Illinois nursing home accident occurred on September 24. Schaff was admitted to the Springfield nursing home on September 11.

Catherwood broke bones in his neck and face, as well as sustained tears and scratches on his arms, left check, and head. He was hospitalized following the incident and died on October 28 at a Petersburg nursing home. However Capital Care Center Administrator Cynthia Schaaf says Catherwood’s death was not related to the injuries he sustained in the fall accident, which the Illinois Department of Public Health inspection ruled were not life-threatening.

The state’s inspection report noted that Catherwood had dementia and that his family had asked that he be strapped into his wheelchair because there was a chance he might decide to wander from the Springfield nursing home.

The elderly resident somehow managed to enter the stairwell, which had the only door at the nursing home that lacked an automated alarm or key-code lock. Schaaf claims Catherwood would have only been able to open the door with someone’s help and. She believes that either another resident or a visiting relative may have held the door open for him.

According to the Illinois Department of Public Health, the Springfield nursing home failed to properly supervise Catherwood and failed to maintain an environment that was hazard-free. Inspectors also reported a finding of “immediate” jeopardy, which compelled Capitol Care to put up warning signs that residents shouldn’t be allowed through exit doors. A keypad lock was also installed on the door.

Fall Accidents at Illinois Nursing Homes
Nursing home operators, like all other premise owners and property managers, are supposed to make sure that there are no hazardous conditions on the premise that can cause fall accidents or another type of injury of accidents. Fall accidents are one type of accident that can lead to an Illinois nursing home neglect or premises liability lawsuit if someone is injured as a result of inadequate supervision, failure to warn, failure to repair or remedy a hazardous condition, or any other form of nursing home negligence.

Springfield nursing home fined $3,500 after patient falls down stairs, SJ-R.com, December 10, 2008

Nursing home fined after patient falls down stairs, Chicago Tribune, December 11, 2008

Related Web Resources:

Capitol Care Center, Hospital-Data.com

Continue reading " Illinois Nursing Home Must Pay $3,500 Fine for 86-Year-Old Patient’s Fall Accident " »

A nursing home aide is accused of sexually, physically, and emotionally abusing six elderly residents. The abuse incidents reportedly occurred over a six-month period. Another nursing home assistant reportedly witnessed the incidents but did not report the abuse until July.

The Health Department report says the aide, who is female, put her finger in the cancerous vulva of a resident, dropped another resident four feet onto her bed, and threw stuffed toys that another resident thought of as her children onto the ground. She also is accused of showing her breasts to at least one male resident and giving two residents lap dances.

The female aide denies doing anything wrong. Because there aren’t enough witnesses and insufficient evidence, police are unlikely to file criminal charges. Nearly all of the victims were patients with dementia. One of the residents who is able to talk about the abuse is reluctant to discuss the case with police.

In another nursing home abuse case, 35-year-old Alejandro Arias has been charged with felony sexual battery. The nursing home worker was fired from Anaheim Terrace Care Center and is in police custody.

Arias is accused of sexually assaulting at least two elderly women when they were staying at the nursing home. He allegedly sexually assaulted an 84-year-old resident twice and forced her to fondle him. Police are checking to see whether there may be more victims.

Nursing homes are supposed to make sure that residents are given the proper care and are protected from becoming the victims of physical abuse, emotional abuse, sexual abuse, nursing home neglect, or any other crimes. Many nursing home residents are too sick, vulnerable, or frail to protect themselves from abusive acts, which unfortunately makes them easy targets of abusive workers and others.

Nursing assistant arrested for assault, ABC 7, December 9, 2008

At Montevideo nursing home, reports of abuse, Star Tribune, December 11, 2008

Related Web Resources:

Elderly Often Unrecognized Victims of Sexual Abuse, Senior Journal, November 9, 2004

Elder Abuse, Helpguide.org

Continue reading " In Two Separate Nursing Home Abuse Cases, Two Nursing Home Workers Accused of Sexually Assaulting Residents " »

There are over 100,000 nursing home residents living in 1,200 Illinois nursing homes. While the state of Illinois doesn’t require county coroners to investigate all deaths that occur at these care facilities, some coroners want the state to pass a law making this a requirement.

One suggestion is that such a law could require nursing homes to notify coroners when a resident has died. The coroner would then have to investigate the cause of death, as well as determine whether nursing home abuse or neglect was a factor.

In Morgan County Coroner Jeff Lair makes it a point to investigate all deaths that occur in nursing homes. For example, he was able to determine that 87-year-old Bernice Mulch, who lived her last three years at Sky View Terrace nursing home until she died in 2001, may have been the victim of nursing home neglect due to the nursing staff’s failure to give her regularly prescribed antibiotics to treat an arm infection. Mulch’s friend John Whalen, who was legally in charge of her care and visited her at the Illinois nursing home every week, said he never noticed any signs indicating that nursing home workers were neglecting the elderly resident.

Out of 3,669 Illinois nursing home deaths that occurred between July 1, 2007 and June 30, 2008, coroners reported eight suspicious nursing home deaths in which state investigators were only able to confirm nursing care issues.

The Illinois Department of Public Health conducted a yearlong pilot project involving coroners from the following counties: Champaign, Kane, Lake, Lee, McHenry, Effingham, Kankakee, LaSalle, Mclean, and Morgan. The program encouraged coroners to investigate whether nursing home abuse or neglect was a factor in any nursing home resident’s death. While coroners reported 14 suspicious deaths, the state of Illinois was not able to verify every case. Lair says that it is not a time consuming task for an Illinois coroner to investigate each nursing home resident death.

In Cook County and many other Illinois counties, medical examiners and coroners don’t have to investigate a nursing home resident’s death unless criminal activity is suspected or the deceased’s family calls for an investigation.

Boone says nearly all nursing home deaths probed, SJ-R.com, December 7, 2008

Not all nursing home deaths receive scrutiny, SJ-R.com, December 7, 2008

Related Web Resource:

Nursing Homes in Illinois, Illinois Department of Public Health

Nursing Home Abuse and Neglect

Continue reading " Some Coroners Want Illinois to Pass Law Require Investigations into All Resident Deaths For Signs of Nursing Home Abuse or Neglect " »

On November 26, attorney-in-facts for two nursing home residents filed separate Illinois nursing home neglect lawsuits against two care residences. The lawsuits, which accuse both care facilities of violating the Nursing Home Care Act, were filed in St. Clair County Circuit Court.

One nursing home neglect lawsuit claims that Margaret Krieg was injured on March 3 and June 7 at New Athens Nursing Home for the Aged. The complaint says she fractured her legs and dislocated one of her shoulders because she was neglected.

As a result of her alleged nursing home neglect-related injuries, Margaret reportedly became more disabled and debilitated and can no longer take part in ordinary activities or enjoy the same quality of life. Her injuries have also resulted in significant medical costs, serious mental anguish, and pain.

Margaret’s attorney-in-fact says the New Athens nursing home violated The Nursing Home Care Act in multiple ways, including failing to note whether Margaret was getting the proper supervision and failing to properly monitor her medical care. The Illinois nursing home neglect lawsuit seeks over $50,000 plus legal expenses and costs.

The second nursing home abuse lawsuit contends that SW Management Company was negligent for allegedly failing to provide Katherine Nash, a resident at Virgil Calvert Nursing and Rehabilitation Center, with the proper care. Katherine's attorney-in-fact also accuses the nursing home company of failing to:

• Provide Katherine with the proper care.
• Properly supervise workers.
• Terminate any careless or incompetent employees at the East St. Louis, Illinois nursing home.
• Remedy problems at the nursing home.
• Fulfill its legal obligations.

The lawsuit claims that Katherine developed decubitus ulcers as a result of the alleged neglect. Katherine’s attorney-in-fact is seeking over $150,000 plus legal expenses and costs.

New Athens nursing home sued over resident's injuries, The Madison/St. Clair Record, December 2, 2008

Virgil Calvert nursing home sued on resident's behalf, The Madison/St. Clair Record, December 3, 2008

Related Web Resource:

Nursing Home Care Act, Illinois General Assembly

Six teenagers working as nursing assistants at a nursing home have been charged with abusing elderly residents suffering from dementia and Alzheimer’s disease. The names of four of the teens are being kept confidential, because they were minors when the alleged nursing home abuse incidents occurred and are charged as juveniles. They face criminal charges of failing to report the nursing home abuse incidents. One of the teens says the aides would get together at school or at work to joke about the alleged elderly abuse.

The two other teenagers, 18-year-old Ashton Larson and 19-year-old Brianna Broitzman, are charged as adults. Larson and Broitzman are charged with the gross misdemeanor crimes of abuse of a vulnerable adult with sexual conduct, abuse of a vulnerable adult by a caregiver, assault, failing to report suspected maltreatment, and disorderly conduct.

While eight teen nursing aides in total were allegedly involved in the nursing home abuse incidents, no charges have been filed against two of them. All of the teen nursing assistants worked for the Good Samaritan Society.

The criminal complaint reports that the teens laughed while groping residents' breasts, spitting in their mouths, and harassing them until they screamed. During one alleged incident, Broitzman is accused of putting her “bare butt” in a resident’s face. In other incidents, Larson allegedly spit water at a resident, put her finger into another resident’s rectum, and roughly bathe another resident so he would become aroused.

A report released by the state’s health department found that 15 residents suffering from dementia disorders were the victims of nursing home abuse at the home between January 1 and May 1, 2008.

Nursing homes are responsible for making sure that the nurses, doctors, aides, and other staffers they are hire are qualified and properly trained to work with and take care of residents. They must also make sure that nursing home employees are properly supervised while ensuring that residents do not become the victims of nursing home abuse or neglect.

6 teens charged in Albert Lea nursing home abuse, KARE.com, December 2, 2008

Teens Charged In Nursing Home Abuse, The Smoking Gun, December 2, 2008

Related Web Resource:

Read Portions of the Criminal Complaint, The Smoking Gun

Continue reading " Teen Nursing Assistants Reportedly Laughed While Physically and Sexually Abusing Nursing Home Residents " »

Canton police say that a 44-year-old woman who has been missing from an Illinois nursing home has been found. Jamie Howard was discovered on Monday after she left the grain bin she was living in and went to a nearby home for shelter from the cold weather.

Fulton County Emergency Medical Association paramedics took her to Graham hospital where she received treatment for dehydration. Howard's toes were also reportedly a little frostbitten. Howard has been missing from the Sunset Rehabilitation and Health Care Center since September. She was released from the hospital yesterday and is now staying with her sister.

During her disappearance, Howard lost a significant amount of weight and was off her medication. She has cancer, schizophrenia, and is bipolar. Police had been looking everywhere for her but suspended their search when the weather became too cold.

This is not the first time Jamie Howard has gone missing. She disappeared for three weeks last year and was found in a wooded area.

It is the responsibility of Illinois nursing homes to prevent residents from wandering off the premise and/or disappearing. They must also be kept from areas of the residence that they shouldn’t enter, such as a maintenance room or the rooms of other residents.

A nursing home resident may not be able to properly take care of him or herself without help—especially if the resident wanders off the nursing home premise. The resident may suffer from dehydration, starvation, or frostbite, get struck by a car, or become the victim of a violent crime.

Extra steps must be taken to prevent a nursing home resident with a history of “wandering” from leaving the premise. Failure to monitor such a resident so that he or she does not get lost or disappear may be grounds for an Illinois nursing home neglect lawsuit.

Missing central woman found living in grain bin, Chicago Tribune, December 2, 2008

Missing Canton women is found alive; survives in silo, Canton Daily Ledger, December 2, 2008

Related Web Resource:

Petersen Health Care

Continue reading " Resident Who Wandered Away From Illinois Nursing Home is Found Living in Grain Bin " »