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Posted On: October 6, 2009 by Steven J. Malman

Chicago Nursing Home Negligence: Are Assisted Living Facilities Doing Enough to Screen Mentally Ill Patients with Criminal Records Before Admitting Them?

Since 2006, Illinois nursing homes are required to conduct criminal background checks on new residents. One reason for this is the growing number of mentally ill patients with criminal records who are transferred to assisted living facilities. A number of these patients were convicted for serious felony crimes. Many of them are much younger and physically stronger than the elderly and sick residents that make up the rest of the nursing home population.

Nursing home supervisors are supposed to use their findings from a criminal background check to determine whether a new resident poses enough of a danger risk that he or she should be housed without a roommate and/or be monitored closely.

Unfortunately, not all nursing homes do a good job when conducting this screening process, and, as a result, a number of elderly and sick residents have become the victims of violent crimes. Chicago Tribune's examination of this process revealed that many Illinois nursing homes either overlook or miss some ex-convicts’ more violent crimes and downplay the threat they might pose to other long-term care facility residents.

Confidential reports from 45 recent cases show that assessments made were not completed within several months or even up to a year after a mentally ill felon was placed in an Illinois nursing home—plenty of time for a nursing home patient to sustain serious injury during a brutal beating or a rape crime.

Of the 3,000 felons residing in Illinois nursing homes, less than 1% are considered “high risk.” Some 2,077 felons are considered “low risk,” which means they are treated the same as residents who don’t have criminal records. Patients who are considered “moderate risk” are observed more closely than other patients. Some residents who should have but were not placed in the "high risk" category have gone on to injure or kill another resident.

It is the responsibility of an Illinois nursing home to ensure the safety of its residents. This means protecting them from becoming the victims of nursing home abuse, nursing neglect, and violent crimes. Failure to properly screen a nursing home resident or worker who could pose a potential threat to other patients is negligence on the part of the assisted living facility. Failure to closely monitor or isolate a potentially dangerous resident so he or she doesn’t injure others is also negligence.

Contact our Chicago nursing home negligence lawyers to schedule your free case evaluation.

A failure to protect, Chicago Tribune, September 30, 2009

Growing number of younger, mentally ill nursing home residents poses safety risks, news outlet reports, McKnight's, March 24, 2009


Related Web Resources:
Nursing Homes in Illinois

Tribune Watchdog: Compromised Care, Chicago Tribune

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