Chicago Nursing Home Abuse Lawyer Blog

The Devon Gables nursing home has agreed to pay $1,450 for a number of nursing home violations, including:

• Failing to contact a doctor immediately over a patient’s red skin. The condition became an infected pressure wound and the resident required hospitalization.

• Administering a drug to a resident who was allergic to narcotics.

• Failing to come up with a post-discharge plan for a nursing home resident that was let go from the nursing home and placed in an unsanitary and inappropriate living situation.

• Failing to report an incident of nursing home abuse to the state.

• Failing to properly document before and after assessments for patients diagnosed with end-stage renal disease. These residents later had to undergo dialysis.

At least three nursing home neglect lawsuits have been filed against Devon Gables. Two of the complaints are accusing the nursing home of wrongful death.

Illinois Nursing Homes
It is the job of the Illinois Department of Public Health to make sure that nursing homes are in full compliance with mandatory state regulations. The IDPH makes about 1,300 nursing home inspections each year and addresses about 6,000 complaints. Illinois nursing homes are inspected an average of once a year. The IDPH will cite an Illinois nursing home for deficiencies.

Deficiencies that cause serious injury or death must be remedied by the long-term care facility, and the facility can be held accountable in civil court if a nursing home resident suffered as a result.

Arizona nursing home agrees to pay $1,450 violation!, Justice News Flash, July 29, 2009

Who Regulates Nursing Homes?, IDPH

Related Web Resources:
Illinois Nursing Home Watch List, Member of the Family

Continue reading " Nursing Home Negligence Allegations Leads to $1,450 Fine " »

A license practical nurse at Jaquith Nursing Home is accused of neglecting to properly assess a nursing resident who fell and for failing to tell the family and a doctor about the accident. Sandra Whitehead has pleaded no contest to the charge of the misdemeanor neglect of a vulnerable adult.

Because of the fall accident, the elderly nursing resident broke his clavical and a number of ribs. The patient was in pain but was unable to communicate this to nursing home staffers.

Whitehead is also accused of failing to obey nursing home and nursing guidelines regarding how to document fall accidents. While the Attorney General’s Office says the nurse was not responsible for the elderly resident’s fall, officials claim she had an ethical and professional duty to make sure that a doctor properly examined the patient. She should have also notified nursing staff who relieved her from duty about what happened so they could closely monitor him.

A judge has ordered Whitehead to pay $600 in fines and court expenses. Whitehead also needs to complete 40 hours of community service.

Injuries during a fall accident can be serious and especially painful. It is important that such injuries are checked out by a physician right away. Elderly and physically frail nursing home residents are especially prone to serious injuries during fall accidents. Unless the injured patient gets help right away, complications and even death can result.

If you think a nursing home or one of its worker’s could have done more to prevent your loved one’s fall accident or make sure the resident received the proper and necessary care for fall injuries, including broken bones, hip injuries, spinal cord injuries, and head injuries, you should explore your legal options regarding Chicago nursing home neglect or abuse.

Madison Co. LPN pleads in neglect case, ClarionLedger, July 29, 2009

Madison resident answers to neglect charges, McHerald, July 29, 2009

Related Web Resource:
Recognizing Elder Abuse, BendBulletin, July 24, 2009

Continue reading " Nurse Pleads No Contest to Nursing Home Neglect " »

The Department of Social and Health Services is investigating a slip and fall accident involving a 93-year-old nursing home resident. The elderly woman, who was injured while getting out of bed, was transported to a hospital and later died after she was sent to hospice care.

According to the state agency, after the slip and fall accident the nursing home patient was treated for a skin tear on her arm and a cut on her head. The DSHS, however, wants to determine whether the resident was properly supervised at the nursing home or if she was a victim of nursing home negligence.

The agency reportedly received four reports on its hotline regarding the care this particular patient received at the Life Care Center of Bothell.

Slip and Fall Accidents
While elderly seniors are at higher risk of becoming involved in slip and fall accidents, it is the responsibility of the nursing home where an elderly patient is residing to properly supervise all residents—especially those that are known fall risks—and make sure that they are provided with the proper safety measures to prevent slip and fall accidents from happening.

The CDC says that about 1,800 nursing home residents die because of fall-related accidents each year. Many residents that survive fall accidents find themselves impaired, in pain, or living a reduced quality of life because of their slip and fall accident.

Common causes of nursing home falls:

• Poor lighting
• Wet floors
• Beds that are not the proper height
• Improperly fitted or defective wheelchairs
• Debris or objects on the ground
• Lack of railings in hallways
• Inadequate supervision
• Dizziness caused by medication
• Walking problems
• Improper or inadequate walking aids

If you believe that your loved one was injured during a fall accident in an Illinois nursing home because workers were negligent or careless or abusive, you may have grounds for a Chicago nursing home neglect lawsuit.

Nursing home fall sparks inquiry, HeraldNet, July 14, 2009

Falls in Nursing Homes, CDC

Related Web Resources:
Falls in the Elderly, AAFP

Nursing Homes in Illinois

Continue reading " Nursing Home Fall Accident Involving 93-Year-Old Resident is Under Investigation " »

In Illinois, state officials are appealing a decision made by a judge in Sangamon County limiting nursing home fines to $10,000. The ruling has already affected numerous cases. 40 Illinois nursing homes have had their fines reduced since the February 13 ruling, and Illinois officials are looking at over 80 other cases going back to 2006 and considering whether to reduce those fines, which exceeded $10,000.
For example, one Illinois nursing home, Woodstock Residence (now called Crossroads are Center), was fined $300,000 last year. 5 suspicious deaths occurred at the Woodstock nursing home.

The case that limited nursing home fines involved the 2006 death of 95-year-old Katherine Martin at Rosewood Care Center. The Peoria nursing home was fined $25,000 and had appealed the decision. In February 2009, Circuit Judge Leo Zappa found that the Illinois Department of Public Health had violated state law when it started imposing fines over $10,000. Zappa has barred the department from enforcing fines beyond this amount for past cases that are still pending, as well as future cases.

Public Health officials, however, say that state law lets them raise nursing home fines to up to $50,000—especially when poor nursing care leads to a nursing home resident’s death. Officials also started issuing fines of at least $20,000 when poor nursing care allegedly caused serious patient injuries.

Some of the nursing home cases that have resulted in reduced fines of $10,000 since Zappa’s order:

Maryville Manor: The Maryville nursing home was fined $40,000 after residents were discovered with pressure sores and bed sores. The Illinois assisted living facility was also fined for inadequate recreational activities.

Peachtree Estates: The Jonesboro nursing home was fined $20,000 after an inspection found that a 73-year-old patient was not given immediate medical attention after she fell and hit her head. She also fell on two other occasions prior to this alleged Illinios nursing home neglect incident.

Evergreen Nursing and Rehab Center: The Effingham nursing home was fined $25,000 following the 2006 death of an 84-year-old patient who suffocated after getting caught in a defective bedrail.

Dearborn Court: The Kankakee nursing home was fined $30,000 after two employees were accused of assaulting a 64-year-old female patient in 2007. The nursing home workers are accused of Illinois nursing home abuse for allegedly hitting the patient with plastic hangers, using a belt to tie her up, punching her in the stomach and head, and trying to choke her.

State challenges $10,000 fine limit for nursing homes, S-JR.com, July 20, 2009

Judge limits fines against nursing homes, My Suburban Life, May 14, 2009

Related Web Resource:
Illinois Department of Public Health

Continue reading " Illinois Officials Appeal Sangamon County Judge’s Decision Limiting Nursing Home Fines to $10,000 " »

A nursing home worker has been charged with second-degree rape and endangering the welfare of an incompetent or physically disabled person. Kipper Allen Stevens is accused of engaging in sexual intercourse with a female patient last December at Shore Winds Nursing Home. At the time, Stevens was working as a licensed practical nurse at the assisted living facility.

The victim is a middle-aged woman who suffers from a mental disability. As a result of her impairment, she was unable to give her consent to the sexual act. After the alleged sexual assault, she was transferred to another nursing home.

The indictment against Stevens comes after a six-month probe into the alleged incident. Another worker at the facility witnessed the alleged nursing home sexual abuse and notified management. Stevens claims that his relationship with the patient was one between two consenting adults.

Shore Winds maintains that it performs thorough background checks on potential employees. Stevens does not have any prior arrests on his record.

Sexual Assaults at Nursing Homes
Illinois nursing home residents must not only contend with the threat of possible physical abuse or neglect, but they can also be at risk of becoming victims of nursing home sexual abuse or assault.

Some examples of Nursing Home Sexual Abuse:

• Molestation
• Fondling
• Propositioning a resident
• Rape
• Engaging in sexual acts with a patient who is unable to give his or her consent

Recently, our Chicago nursing home abuse law firm posted a blog about allegations made against LaSalle County Nursing Home. The Illinois assisted living facility is accused of failing to stop a male resident from molesting 10 female residents. Many of the victims suffered from dementia or were incapacitated in other ways.

Chicago nursing homes are responsible for making sure that residents do not become the victims of Illinois nursing home neglect or abuse.

Nursing home employee accused of rape, Rocnow.com, July 15, 2009

LPN on Sex with Nursing Home Resident: "It Was Nothing Malicious", 13 WHAM.com, July 16, 2009

Report: Illinois nursing home allowed sexual abuse, Daily Herald, July 3, 2009

Related Web Resources:
Elder Sexual Abuse in Nursing Homes, Articlesbase.com, August 29, 2008

Illinois Department of Public Health

Continue reading " Nursing Home Sexual Assault: Employee Charged with Raping Patient " »

A 73-year-old former nursing home resident is suing the owner of two assisted living facilities for $2.9 million. Daisy Mae Clark filed her elder financial abuse lawsuit earlier this month against nursing home owner Thomas Richard Williams, his wife Doris Williams, and employee Dorothy Pendergrass.

Williams obtained Clark’s power of attorney in November 2004. The 73-year-old woman is accusing him of using her personal checking account to make questionable transactions. Clark’s lawyer says Williams used Clark’s account as his personal account, which he wasn’t supposed to do.

According to the elder financial abuse complaint, Williams illegally mixed his business and personal funds with Clark’s assets. He also allegedly took funds from other nursing home residents’ accounts and deposited them in the elderly woman’s accounts—an illegal action to take under state law.

Clark says some 2,958 violations were made against her. She is seeking a return of the money she paid Williams when she was staying in the nursing home. She also wishes to obtain damages for the mental anguish that his actions have caused her. Her attorney says that Clark was not allowed access to her own account records and the facility kept her “captive” and refused to provide her with her identification when she did leave.

In March 2009, Clark checked her account and noticed all of the activity that had occurred during the last five years. She closed the joint account she shared with Williams and revoked the power of attorney she had given him.

Unfortunately, many people consider elderly nursing home residents easy targets of elder financial abuse. This is not only a violation of a person’s rights, but it can seriously affect the patient’s ability to pay for the resources and services that he or she may need during the later years of life. Many elderly persons spend their lives saving up for their retirement. Elder financial abuse is against the law in Illinois and can be grounds for a civil lawsuit against a Chicago nursing home or another person or entity responsible for committing this crime.

Why Elderly Persons are At Risk of Becoming the Victims of Financial Abuse:

• They have retirement savings.
• They may not know their assets’ value.
• They may be dependent on others to handle their finances.
• Their poor health may make them less likely to press criminal charges.
• They may not be aware that they are the victims of financial abuse.

Floyd County woman sues nursing home owner for $2.9 million, RomeNews-Tribune.com, July 14, 2009

Financial Abuse, National Committee for the Prevention of Elder Abuse

Related Web Resources:
Helpguide.org

As recession grinds on, financial abuse of elders takes a growing toll, Boston.com, July 16, 2009

Continue reading " Woman Files $2.9 Million Elder Financial Abuse Lawsuit Against Nursing Home Owner " »

The federal government’s Nursing Home Compare rating system has been in effect for more than six months. It gives the families of nursing home patients a way to compare nursing homes according to state health inspection findings, the number of employees working at each assisted living facility, and the number of hours of licensed nursing care that each patient receives on a daily basis.

15,600 million nursing homes have received their star ratings. A 1-star signifies that the nursing home received a much below average rating compared to other assisted living facilities, while a 5-star means that the government thinks that the quality of nursing care and services that the long-term care facility offers is way above average in comparison.

The new ratings system, however, has earned mixed reviews. The nursing home industry says that it doesn’t offer a full picture of the kind of care that each nursing home actually provides. One consumer group wants the site to give more details about quality-of-care and inspection results. Some industry members want the federal government to change the way the ratings system evaluates staffing because the number of workers at a nursing home is not indicative of the actual care a resident may receive. Some people are also concerned that employee information has not been verified.

The CMS now wants to gather feedback about its Nursing Home Compare rating system. It intends to survey users about whether the site meets their needs.

Finding the Right Nursing Home for Your Loved One
Although reviews can be helpful, it is important that you actually visit a nursing home. Not only will you get a firsthand look at the facilities, but you will be able to watch the nursing staff interact with the residents and get a feel for whether or not the assisted living facility is the right place for your loved one.

Choosing the right Illinois nursing home is an important decision. Every day, sick and elderly patients are victims of Chicago nursing home neglect and abuse. You want to make sure that your loved one does not become one of these people.

Nursing-Home Ratings Earn Mixed Reviews, Washington Post, July 14, 2009

Debate Surrounds Federal System That Rates Nursing Homes, Medical News, July 15, 2009

Related Web Resources:
Nursing Home Compare, Medicare.gov

Nursing Homes in Illinois

Continue reading " Nursing Home Compare System Garners Mixed Reviews " »

A 92-year-old nursing home resident says that he is the victim of nursing home assault at the Shady Lane Nursing Home. Robert Ogbin, a World War II veteran, plans to sue the county for his personal injuries.

According to Ogbin’s nursing home abuse lawyer, the nurse’s aid grabbed the elderly resident by the ears and started slamming his head into the mattress. The alleged nursing home abuse incident occurred on June 17. As a result of the assault, Ogbin sustained severe ear lacerations.

Ogbin has lived at Shady Lane for almost two years. He has dementia and Parkinson’s disease.

Nursing Home Assault
Assaulting a Chicago nursing home resident is a crime. A nursing home worker that physically assaults or sexually abuses a patient is not only inflicting harm on the patient but the worker is also taking advantage of the position of authority he or she has as the resident’s caregiver.

When a nursing home resident becomes the victim of Chicago nursing home abuse, the long-term care facility can be held liable for Illinois nursing home negligence. Reasons for a civil complaint may include:

• Failure to properly check an employee’s background
• Inadequate employee training
• Inadequate employee supervision
• Failure to protect residents from nursing home abuse or neglect

Nursing home residents that are very frail or sick or who suffer from mental illnesses are especially vulnerable to becoming the victims of Chicago nursing home abuse or neglect. Many of them are too sick or too frail to protect themselves and/or they may not be aware of what is happening to them at the time. These are even more reasons why a nursing home must make sure that residents are not harmed while staying at an assisted living facility.

92-year-old Shady Lane Nursing Home patient claims abuse by nurse's aide, has filed notice of intent to sue, New Jersey.com, July 2, 2009

Related Web Resources:
National Citizen's Coalition for Nursing Home Reform

1987 Nursing Home Reform Act

Continue reading " Nursing Home Abuse: 92-Year-Old Nursing Home Resident Claims that Nurse’s Aide Assaulted Him " »

In Illinois, the family of Arcadio and Francisca Arce are suing Central Baptist Village Inc. for nursing home neglect and abuse. Both Francisca and Arcadio are disabled. They were admitted to the Norridge facility in June 2004.

According to the Cook County nursing home abuse and neglect complaint, Francisca, 68, was physically assaulted multiple times between December 2008 and February 2009 in her room, the bathroom, and the shower. While the plaintiffs did not name a specific assailant, they are accusing the Norridge nursing home of being responsible for the abuse and failing to stop the incidents from happening.

The Illinois nursing home neglect and abuse lawsuit claims that between October 2008 and February 2009, Arcadio, 77, was the victim of nursing home neglect when he was given the wrong medication. Rather than giving him his medicine, the complaint contends that workers gave him Francisca’s medication instead, which caused him to experience harm and become physically ill.

The Illinois nursing home abuse and neglect lawsuit is seeking over $200,000 in damages.

When family members place their loved ones in a Cook County nursing home, they are entrusting the care of the people they love into the hands of professionals. It is the responsibility of these professionals to provide that care while making sure that patients do not suffer physical or emotional harm under their watch. Failure to fulfill these duties can be grounds for an Illinois nursing home neglect and abuse complaint.

Not only is it important to hold a negligent nursing home liable for abuse or neglect, but it is even more important to make sure that you remove your loved one from this dangerous environment.

Family accuses Norridge nursing home of abuse, Sun-Times News Group, July 9, 2009

Nursing Home Abuse Overview, Justia

Related Web Resources:
Central Baptist Village

Nursing Home Compare, Medicare.gov

A 74-year-old at-home nurse has been ordered to serve a 2-year probation sentence and 60-days of community service for failing to tell authorities that a South Side teen was the victim of neglect. The boy had cerebral palsy and died of sepsis because he had bedsores that became infected after they were not treated.

Morris Lee Brinkley pleaded guilty to not reporting neglect or abuse, as well as to the criminal neglect of a disabled person. Prosecutors originally wanted her to serve a 12-year prison sentence.

Brinkley worked as a nurse for over 50 years. She cared for the disabled teen on weekends. She acknowledged that she was aware that the teen was malnourished, was left in his excrement, and suffered from bedsores. She also conceded that she knew that the boy’s mother would cancel his doctor appointments.

The boy’s mother, Kesheia Phillips and Loren Brown, another nurse, also face charges related to his death.

Last March, Phillips took Jaylen to the hospital because he was experiencing difficulty breathing. He died in May 2008. Autopsy results indicate that the teen was severely malnourished. Authorities are calling his death a homicide.

Chicago Nursing Negligence
Our Chicago nursing negligence law firm represents injured parties and their families with neglect and abuse cases against Illinois nursing homes or at-home professional caregivers and nurses. Private nurses and Chicago nursing homes are responsible for the care of their patients. Failure to provide that care can be grounds for an Illinois nursing home neglect claim.

In-home nurse gets probation for role in neglect death, Chicago Tribune, June 23, 2009

Severely Disabled 13-Year-Old Died From Neglect, Chicagoist.com, May 22, 2008

Continue reading " Chicago Home Health-Care Nurse Knew Cerebral Palsy Teen was Victim of Neglect " »

A number of nursing home experts have expressed dismay that the federal government has chosen to give five-star ratings to two Illinois nursing homes even though both assisted living facilities exhibited fire deficiencies. As Fire Sprinkler Advisory Board member Tom Lia noted, Illinois nursing home must have fire protections—especially as sick or elderly residents may need help escaping from a premise when a fire breaks out.

The Grove at Lincoln Park received five stars under Medicare and Medicaid’s Nursing Home Compare rating system last year. Yet also in 2008, inspectors found seven fire-related violations. One of these violations involved sprinklers that were improperly maintained and not in working order. The Arbour Health Care Center, another Chicago nursing home that received a 5-star rating last year, also had four fire deficiencies.

The federal government’s Nursing Home Compare ratings are supposed to give prospective nursing home residents and their families a system that they can use to evaluate and compare different nursing homes to best determine which facility would be the best fit for an elderly or sick patient. Assisted living facilities that receive five-star ratings are considered above average, while nursing homes that get just one-star are considered way below average in comparison to other facilities in the area.

The Medicare Web site says that the rating system takes into account nursing home staffing, health inspections, quality measures, and fire safety standards when choosing how to rank each nursing home. Medicare’s Ellen Greif, however, says that life safety code, which includes fire code violations, is not part of the ratings calculation. This is unfortunate, considering that many families look to the federal rating system as an accurate source of information about the quality of care and the kind of living situation that a prospective resident will likely encounter at the facility.

Fires can break out at Illinois nursing homes. Just last year, Igor Shteyn, 67, died in a fire at the Hampton Plaza Health Care Centre. His children sued the Niles nursing home for Illinois nursing negligence and wrongful death. They claimed that the nursing home workers were not properly trained in dealing with the fire. Shteyn's roommate, 76-year-old Naum Berdichevsky, also died.

The absence of properly working fire sprinklers in a building can pose a fire hazard that can be grounds for a nursing home negligence claim, a products liability complaint, or a wrongful death lawsuit if a patient or a visitor gets hurt or dies in a fire. Congress even passed the “The Nursing Home Fire Safety Act,” which requires that all nursing home facilities that are part of the Medicare and Medicaid Programs have automatic fire sprinkler systems.

Five-Star Farce?, MyFox Chicago, June 30, 2009

Officials investigate Niles nursing home fire, ABClocalgo.com, May 15, 2008

Related Web Resources:
Nursing Home Compare, Medicare.gov

Northern Illinois Fire Sprinkler Advisory Board

Continue reading " Two Chicago Nursing Homes Receive 5-Star Ratings Despite Fire Deficiencies " »

The Illinois Department of Public Health says that the La Salle County Nursing Home’s inability to protect female residents from sexual abuse allowed one male resident to molest 10 patients. All of the nursing home sexual abuse incidents occurred within the last six months. On June 4, the IDPH designated the long-term care facility as a nursing home in “Immediate Jeopardy” since December 24, 2008, when the nursing home failed to immediately investigate claims that a male resident was engaging in inappropriate sexual conduct.

As a result of the nursing home’s failure to act immediately, IDPH says the male resident was able to sexually abuse female residents that were suffering from dementia.

Inappropriate sexual conduct the male resident is accused of include:

• Trying to persuade female residents to come to his room.
• Kissing female residents.
• Trying to “handle” female patients.
• Propositioning residents to engage in sexual relations with him.
• Inappropriately touching patients under their clothes.
• Fondling patients.
• Exposing his genitalia to residents.

The male resident was removed from La Salle County Nursing Home last month and he was transferred to a psychiatric facility.

It is hard enough for any woman to fend of inappropriate sexual advances from an male assailant. Patients suffering from dementia are admitted to Illinois nursing homes because they need help taking care of themselves. Nursing home workers are not only charged with these patients’ daily care, but they must make sure that they are protected from any inappropriate sexual misconduct—including sexual advances from nursing home workers or other residents.

Failure by a nursing home to prevent sexual abuse or investigate sexual abuse allegations, which can lead to more residents’ becoming the victim of abuse, can be grounds for an Illinois nursing home neglect lawsuit.

IDPH: Ten residents sexually abused at La Salle County Nursing Home, NewsTribune.com, July 2, 2009

Read the Report (PDF)

Related Web Resources:
Illinois Department of Public Health

Continue reading " Chicago Nursing Home Abuse Law Firm: IDPH says Male resident sexually abused 10 La Salle County Nursing Home female patients " »