Chicago Nursing Home Abuse Lawyer Blog

The person who was given power of attorney over nursing home patient Ursula Gerencir has filed a personal injury lawsuit accusing a number of plaintiffs of medical malpractice and nursing negligence. The defendants in the lawsuit include Heartland Employment Services, Health Care and Retirement Corporation of America, HCR Manor Care Services, Manor Care, 8 unidentified entities and 10 unnamed individuals.

Lora Jarrell says the defendants accelerated the patient’s physical deterioration, which involved a number of emotional and physical traumas (congestive heart failure, falls, malnutrition, and medication diversion). As a result of the patient’s injuries, Jarrell contends that Gerencir suffered the loss of personal dignity and experienced unnecessary pain, anguish, degradation, disfigurement, hospitalizations, and emotional trauma.

Jarrell says the nursing home and other entities owed Gerencir a duty of care to act as reasonably prudent assisted living administrators and prevent foreseeable injuries. She contends that better communication with the departments that handled patient diets, nursing, housekeeping, maintenance, therapy, and social services should have taken place.

Chicago Nursing Home Negligence
Nursing home patients can sue for nursing home neglect or abuse if an assisted living facility allows patient neglect or abuse to happen. Unfortunately, there are serious oversights in nursing home care that continue to happen throughout Chicago, the rest of Illinois, and elsewhere in the US, and the residents are the one whose health and well-being suffer.

Not only is it important that you remove your loved one from an abusive or neglectful situation immediately but you may be able to hold the facility and its workers liable for Chicago nursing home neglect or abuse.

Woman sues nursing home, others for malpractice, negligence, The Record, November 3, 2009

Related Web Resources:
Illinois Nursing Home Care Act

Nursing Home Abuse Overview, Justia

Police have charged a nursing home worker with allegedly force-feeding a female resident. They say that Alemayehu Seboka Abdi put his hand on the patient’s head and forced food into her mouth. He also is accused of laughing about the incident while recounting what happened. The alleged nursing home abuse incident took place at Homeward Bound Group Home in Maple Grove.

The victim has cerebral palsy and is mentally retarded. The woman reportedly indicated by nodding her head that she did not want to eat, yet Abdi allegedly took her outside the building, pushed her head back, and forced spoonfuls of food into her mouth even though she has swallowing problems. He also did not dress the woman in warm clothing before taking her outside, exposing her to the cold weather. Another nursing home worker recorded the incident on cell phone video.

The Health Department interviewed the victim, who let them know that she was angry, upset, and scared about what happened. The CEO of the assisted living facility is calling the incident an isolated one.

While nursing home patients must eat and drink in order to stay healthy, this does not give nursing home workers the right to use physical force to them or treat them in a way that violates their rights or harms them in any way. There are safer, approved ways to make sure that a resident gets the nutrients that he or she needs.

Nursing Home Abuse
Abuse of any kind is always harmful even when employed in the guise of “helping” a patient "for their own good.” There are regulations and laws that nursing home workers must follow when taking care of residents. Unfortunately, nursing home abuse continues to be a huge problem in many assisted living facilities throughout the United States and the patients are the ones whose physical health and emotional well-being suffer.

Force Feeding Charges at Maple Grove Nursing Home, My Fox, November 19, 2009

Nursing Home Abuse, Justia

Related Web Resources:
Nursing Homes, Medicare

Illinois Nursing Home Care Act

Continue reading " Nursing Home Abuse: Worker Charged with Force Feeding Patient " »

A woman is suing 17 defendants for the Illinois wrongful death of a Cahokia nursing home patient. According to Rosetta Helms, nursing home patient Earlene Taylor died after suffering from an allergic reaction to a drug she took that caused more than half of her skin to peel off. Since 1996, Taylor had been a resident at River Bluffs Health Care and Rehabilitation Center of Cahokia and the facility’s successor, Atrium Health Care and Rehabilitation Center of Cahokia.

Helms is accusing the two nursing homes of Illinois nursing negligence. She contends that nursing home workers should have known that Taylor had certain allergies, including an allergy to Sulfonamide. Taylor was given Bactrim, which contains Sulfonamide, from November 16 – 20, 2007. The nursing home resident had just returned from a stay at Kenneth Hall Hospital, which is also a one of the lawsuit defendants. Doctors at the hospital are the ones who prescribed Bactrim for the nursing home resident.

Helms’ Illinois wrongful death lawsuit says that the negligent actions and omissions caused Taylor’s allergic reaction. Large open areas showed up on her body, and parts of her skin blistered, sloughed off, or “tented.” She also sustained lesions and experienced whole body erythema. As a result of Taylor’s condition, Helms contends that the nursing home resident experienced serious pain and suffering. Taylor died on November 24, 2007.

The other defendants of the Illinois wrongful death lawsuit are Kenneth Hall Medical Group, Omnicare, Medicate Pharmacy, Southern Illinois Regional Wellness Center, Dr. Benedicta Umora, Home Pharmacy Services, LPN Ruth Luchett, Southern Illinois Health Care Access, Touchette Regional Hospital, RN Lanorris Yates, LPN Natasha Turner, LPN Kimberly Fowler, LPN Susan Brown, and LPN Jennifer Simpson.

Helms is seeking over $1.9 million for Taylor’s wrongful death.

Drug caused woman's skin to peel off, suit seeks $1.9 million, The Record, November 17, 2009

Medical Malpractice, Nolo

Related Web Resources:
Bactrim, Drugs.com

Nursing Homes in Illinois

Continue reading " Illinois Nursing Home Negligence Alleged in Wrongful Death of Resident Who Was Given Drug that Caused Her Skin to Peel Off " »

The La Salle County Nursing Home is the defendant in another Illinois nursing home negligence lawsuit alleging that a resident was the victim of sexual abuse. Marilyn Wig is the guardian of the victim and she wants a minimum of $100,000. Her Illinois nursing home neglect lawsuit contends that workers at the facility allowed a male patient to have contact with the victim.

Illinois health officials have accused the man of sexually molesting several female patients. The alleged assailant was later transferred to a psychiatric facility.

This is the second La Salle County, Illinois nursing home negligence lawsuit filed against the assisted living facility over this male resident’s sexual activities between January 17 and May 26, 2009. Henry Elzer is suing the Illinois assisted living facility for at least $250,000 because he claims the home failed to protect his relative from sexual abuse.

Illinois officials have been hard at work trying to figure out a way to solve the dangerous dilemma caused by housing mentally ill patients with other nursing home residents. Unfortunately, there have been a number of incidents involving mentally ill patients sexually assaulting, physically assaulting, and murdering other residents.

One reason these types of crimes have been able to happen is that the background checks conducted on mentally patients can sometimes miss key information, such as whether or not a prospective nursing home resident has a felony record. And while families are directed by Illinois lawmakers to look through a police Web site to determine whether there are any sex offenders residing in any of the nursing homes they are considering for their loved ones, the Chicago Tribune says that only 59 of the 192 sex offenders living in Illinois assisted living facilities are even named in this registry. In Chicago alone, only one out of every five sex offenders living in a nursing home is listed.

One reason for this type of discrepancy is that sex offenders don’t have to register with Illinois police if their final parole dates or convictions happened over a decade ago. Unfortunately, this does not mean the offender won’t commit another sex crime. Some Illinois nursing homes are also guilty of not telling police when a convicted sex offender has moved into the facility even though Illinois law requires that they provide notification.

Another suit filed over sex abuse, The Times

Nursing homes: Most sex offenders living in nursing homes aren't listed on state police's online registry, Chicago Tribune

llinois Nursing Home Negligence Lawsuit Claims Fellow Resident Sexually Abused Female Patient, Chicago Nursing Home Abuse Lawyer, October 30, 2009

Related Web Resources:
Nursing Home Safety Task Force

Illinois Department of Public Health

Although it’s been nearly three years since Barbara Dickerson sued Evergreen Healthcare Management and Evergreen Milton-Freewater Health and Rehabilitation Center for her mother’s wrongful death, the nursing home neglect lawsuit won’t go to trial until 2010.

Dickerson is seeking $7.5 million in punitive damages for Alice Train’s death. She is also seeking about $36,000 for her late mother’s medical costs and $750,000 for Train’s pain and suffering.

Train, who was suffering from diabetes and dementia, was admitted to the assisted living facility on March 25, 2005. According to the nursing home negligence complaint, within two months the 90-year-old patient lost 16 pounds, became anemic, stopped being able to walk by herself, developed a rotting pressure sore in her coccygeal area, developed pneumonia, and her limbs began contracting.

Dickerson says when she visited her mother less than a month after the elderly woman was admitted to Evergreen Milton-Freewater Health and Rehabilitation Center, she found Train, who hadn’t been bathed in several days, sitting in her own urine.

Dickerson transferred her mother to another nursing home but says that the neglect that Train suffered at the first assisted living facility caused her death on June 30, 2005. The nursing home neglect case was scheduled to go to trial next week but a request by the defense for two more days to prepare has delayed the start date to April 19, 2010.

Nursing Home Neglect
Failing to bathe a nursing home patient or change his or her clothing and underwear can lead to infections and other health issues. Neglect of any kind is always harmful—especially if the person being neglected is already suffering from poor health. Nursing homes are paid to provide residents with the care that they need. Nursing negligence can cause injury or death.

Family seeks $7.5 million in wrongful death lawsuit, East Oregonian, November 17, 2009

Related Web Resources:
Nursing Home Abuse Overview, Justia

Nursing Homes in Illinois

Last week, Illinois health authorities began a broad probe into whether a West Side nursing home has been accurately documented incidents involving patient abuse and violence. Columbus Park Nursing & Rehabilitation Center is one of the Chicago area assisted living facilities that houses older nursing home residents with younger mentally ill patients, including those who have felony criminal records.

The Chicago Tribune reports that when it initially asked the Illinois Department of Public Health for reports of assault allegations over the last 90 days involving the Chicago nursing home, the department at first said there were none. Health officials eventually came up with reports of three alleged beatings at the assisted living facility during this time period. Meantime, Chicago police say 11 alleged batteries occurred at Columbus Park Nursing & Rehabilitation Center over the same three-month period.

Just last August, Andres Cardona, a 72-year-old dementia patient was beaten by 62-year-old Ardyce Nauden, a mentally ill resident who has a history of aggressive behavior. The fatal beating happened when the 72-year-old wandered into Nauden’s room and started eating his lunch.

Five hours after the beating happened, the nursing home faxed an incident report to state officials notifying them that Cardona got hurt after Nauden threw a cup of water at the 72-year-old patient, striking him in the eye. Illinois health officials say because the report did not convey the seriousness of the attack, they did not immediately investigate the incident.

According to a state investigation, nursing home workers knew that Nauden could be violent yet neglected to protect the other patients from him. The Chicago nursing home, however, says it is challenging this finding.

A week after the fatal beating, a female patient reportedly sustained facial bruises after a 53-year-old patient who suffered from delusions and hallucinations punched her.

Preliminary data from Chicago police reports that there were 28 alleged battery, assault, or sexual assault incidents at Columbus Park between March 2008 and August 2009.

Chicago Nursing Home Neglect
Illinois nursing homes must protect residents from injuries. This includes making sure they don’t become the victims of Chicago nursing home abuse or neglect or patient violence. Unfortunately, too many residents are the victims of nursing home violence or neglect.

Compromised Care: West Side nursing home probed after death: Psychotic felon fatally beat dementia patient at facility with numerous reports of violence, records show, Behavioral Health Center, November 13, 2009

Chicago Nursing Home Assault by One Resident Seriously Injures another Patient, Steve Malman, August 27, 2009

Related Web Resources:
Illinois Department of Public Health

Compromised Care, Chicago Tribune

Continue reading " Chicago West Side Nursing Home Under Investigation Following Reports of Patient Violence " »

The daughter of a mentally ill nursing home patient is suing Pavilion Health and Treatment Center for Chicago nursing home negligence. The patient, Felicity Daniels, became pregnant after having sex while staying at the facility. Her baby is scheduled to be born in early January.

Because of the 42-year-old woman’s mental state, her daughter Tekia says that her mother cannot have consensual sex because she is unable to consent to such acts. Tekia’s Chicago nursing home neglect complaint is accusing staff members of failing to properly supervise Felicity and neglecting to protect her from the sexual advances of employees or other patients. Tekia’s Chicago nursing home neglect lawyer is accusing the West Side facility of violating the Illinois Nursing Home Care Act.

Felicity has been institutionalized since 1996. Charged with stabbing her stepfather to death, she was found not guilty by reason of insanity.

Failure to Supervise Nursing Home Residents
Illinois nursing homes are supposed to properly supervise patients so that they do not get hurt or harm themselves or others. This includes making sure that patients do not become the victims of violent or sexual crimes by other residents, nursing home employees, visitors, or intruders. It also means monitoring residents so that they don’t wander off or get lost, making sure they are properly fed and hydrated, and protecting them from fall accidents.

Because some patients are mentally ill they may not be capable of making certain decisions or choices for themselves. In these instances, a nursing home may be required to involve family members and/or the patient's doctor.

Mentally ill patients have special needs that nursing home workers must be mindful of when caring for them. Some advocates for the mentally ill have expressed concern that these patients are not getting the nursing care they need when staying in Illinois assisted living facilities. Not providing that care of attention can be grounds for a nursing home neglect lawsuit if the patient gets hurt, dies, or experiences harm in some other way.

Nursing Home Allowed Schizophrenic Woman to Get Pregnant: Lawsuit, NBC Chicago, November 11, 2009

Advocates for the Mentally Ill Criticize Illinois Nursing Homes, Housing Options, Truthout, November 13, 2009

Related Web Resources:
Illinois Nursing Home Care Act

Illinois Nursing Homes

Even though Illinois officials shut down Chicago nursing home Maxwell Manor for nursing home negligence in 2000, its lead psychiatrist continues to be the target of complaints and Chicago injury lawsuits accusing him of medical negligence, including overmedicating patients. Dr. Michael Reinstein continues to provide psychiatric care in assisted living homes and mental health facilities throughout the Chicago area.

According to Maxwell Manner staffers, patients treated by Reinstein experienced hallucinations, trembling, or suffered loss of bladder control. Complaints have also been filed accusing 66-year-old psychiatrist accusing of being particularly reliant on clozapine to treat patients. The psychotropic drug comes with 5 black box warnings and has been linked to at least three patients that died under his care.

One of his patients, 50-year-old Alvin Essary, died at a Chicago nursing home in 1999. Records indicate he had five times the toxic level of clozapine in his system when he died. Essary’s family sued Reinstein for Chicago medical malpractice. They settled their Illinois wrongful death lawsuit for $85,000.

Another nursing home patient, Odell Spruell, died after Reinstein doubled his clozapine dose. Prior to his death, the 54-year-old man exhibited symptoms linked to overmedication. Autopsy results indicate he died from clozapine intoxication. Spruell’s family is also suing.

A third patient, 27-year-old Wendy Cureton, also died in 2003 from clozapine intoxication. Her family is suing Reinstein for Chicago medical malpractice.

Just two weeks ago, our Chicago nursing home neglect and abuse lawyers posted an Illinois nursing home negligence blog about the Chicago Tribune's findings that in the last eight years, about 2,900 nursing home residents in the state have experienced violations related to psychotropic drugs.

Doctors must exercise caution when prescribing powerful drugs with potentially dangerous side effects. Overmedicating a patient can be grounds for an Illinois medical malpractice complaint.

An assisted living facility patient who is the victim of medical malpractice while staying at the nursing home may be able to sue for Chicago nursing home neglect.

Doctor gives risky drugs at high rate, Chicago Tribune, November 12, 2009

Nursing home doctor's prescription record questioned, Chicago Breaking News, November 9, 2009

Related Web Resources:
Clozapine, Drugs.com

Food and Drug Administration

Two nursing home patients residing at a Chicago nursing home died because they contracted Legionnaires’ Disease. The Park at Vernon Hills, however, says the patients had other health problems.

Authorities and health officials are trying to determine what caused the disease. While not contagious, people get Legionnaires’ Disease by inhaling contaminated vapor or mist.

Some 260 Chicago nursing home patients live at The Park, which has an atrium containing a waterfall, a rain forest, and a spa. All of these amenities have been shut down.

Legionnaires’ Disease
Legionnaires’ Disease is caused by the bacteria legionella. This type of bacteria commonly arises in artificial and natural water systems. Legionella can cause a variety of pneumonia-like ailments. Legionnaire’s disease is the most serious one and is more common in sick and elderly people. A person can contract Legionnaires’ Disease, which isn’t contagious, by breathing small droplets of water that contain the bacteria.

Illinois Nursing homes are responsible for making sure that their residents are living in a clean, healthy, toxic-free, and safe environment. Any possible hazards must be eliminated. When a hazardous condition at the nursing home causes injury, sickness or death to a patient, the resident and his or her family can have grounds for filing a Chicago, Illinois nursing home neglect lawsuit or a wrongful death complaint.

Legionnaires’ Disease symptoms include:

• Coughing
• Chills
• High fever
• Headaches
• Muscle aches

Recently, at another nursing home, at least one person died and four others afflicted with Legionnaires' disease. Nearly four hundred people live at the Stadium Place nursing home.

2 Deaths at Nursing Home Linked to Legionnaires' Disease, Fox News/AP, November 9, 2009

Controlling Legionella in Nursing and Residential Care Homes

Related Web Resource:
Patient Facts: Learn More about Legionnaires' disease, CDC

Continue reading " Legionnaires’ Disease is Cause of Two Deaths at Chicago Nursing Home " »

In Chicago, state senators expressed anger about the number of violent nursing home crimes committed by patients. In an effort to curb Illinois nursing home violence, are demanding a full revamp of the way Illinois inspects and monitors assisted living facilities. They also want a stricter screening system for determining which prospective residents may be too violent to house with other patients.

At Thursday’s hearing, the senators announced plans to present reform legislation. Illinois Governor Patrick Quinn’s new Nursing Home Safety Task Force also provided a broad outline of steps it will likely recommend to end the practice of placing dangerous felons and mentally ill residents with other patients in state nursing homes.

Task Force head Michael Gelder spoke about the need for both service options that are specifically geared specifically toward psychiatric patients and improved assessment methods for placing mentally ill patients in the right environment where they can receive the appropriate care.

A recent series of reports by the Chicago Tribune exposed just how dangerous it can be as a sick or elderly nursing home resident living with a younger, mentally ill patient who might also be dangerous. A number of sick and elderly residents have already been physically assaulted, sexually assaulted, and murdered by mentally ill patients with criminal records and/or violent streaks.

Last week, advocates for mentally ill patients had called on the state to overhaul the way psychiatric patients are dealt with and come up with new housing options for mentally ill patients. Housing catered toward mentally ill patients is not only cheaper than housing them in Illinois nursing homes, but it could also allow these patients to thrive. Studies show that mentally ill patients don’t pose a greater danger than do other people as long as they are given the proper care.

A nursing home patient who was injured by another resident may have grounds for filing a Chicago, Illinois nursing home negligence lawsuit.

Senators outraged over Illinois nursing home safety, Chicago Tribune, November 6, 2009

Nursing home reform: Advocates for mentally ill urge overhaul of nursing home operations, Chicago Tribune, October 30, 2009

Related Web Resources:
Nursing Home Safety Task Force

Nursing Homes in Illinois

Continue reading " The Fight Against Nursing Home Violence: State Senators Hold Chicago Hearing About Improving Patient Safety " »

An Illinois woman was arrested last week for allegedly defrauding an 83-year-old man. Gina Y. Robinson had power of attorney over the man’s financial affairs until his son noticed that his dad never had money, the 38-year-old woman was always issuing checks using his father’s account, and his dad’s two antique autos had been sold on eBay.

Robinson was arrested for forgery, financial exploitation of the elderly, and altering titles. Police say that Robinson allegedly persuaded the 83-year-old victim to make her his beneficiary upon his death. The elderly man told authorities that Robinson got him to makes loans on his homes so she could finance a coffee house, which has yet to open.

Elder Financial Abuse
Elder financial abuse is a serious problem—especially in light of the current recession. Elder financial abuse can consist of financial abuse or exploitation, fiduciary abuse, economic abuse. A financial professional, a family friend, a caregiver, or even a family member can target an elderly person for financial abuse. In many cases, people around the victim do not realize that elder financial abuse is happening. Elder financial abuse is a crime.

Not only is it stealing from someone but it can seriously affect the victim’s ability to retire comfortably and get the care he or she needs.

Some Signs of Possible Elder Financial Abuse:

• Unusual bank activity
• Unexpected changes to wills or property titles
• Suspect credit card activities
• The elderly person never seems to have money
• Missing financial documents
• Unexplained financial transactions

Elder financial abuse can be grounds for a Chicago injury lawsuit.

Woman accused of using power of attorney to rip off elderly man, Galesburg.com, November 2, 2009

Related Web Resources:
Elder Financial Abuse, National Committee for the Prevention of Elder Abuse

Elder Financial Abuse (PDF)

Continue reading " Illinois Woman Arrested for Elder Financial Fraud " »

Family members of patients staying at Westmont Nursing and Rehab Center, a DuPage County nursing home continue stepping forward with allegations of Illinois nursing home neglect. They are accusing the Westmont assisted living facility of neglecting to feed, clean, or attend to sick and elderly patients.

For example, according to CBS2Chicago.com, Patty Murphy says that when she has visited her mother at the nursing home in the past few months, her mom isn’t always waiting for her in “dry, clean” clothes. Another nursing home visitor, Gerry Norieko, says that when he visited his mother at the Westmont, Illinois assisted living facility a few weeks ago, she had bruises on her shoulders, legs, and arms that the staff has been unable to explain. Norieko says that one time, he even fed a nursing home resident who obviously needed help because no one else was assisting him.

Brenda Price, a former nurses’ aide at Westmont Nursing and Rehab Center who claims she was fired from the assisted living facility because she complained too much, says workers at the home treated patients roughly, made them take cold showers, and neglected to feed them.

Over the past year, the Illinois Department of Public Health has investigated 31 allegations against the DuPage County nursing home. 11 allegations involving poor quality care and one allegation of nursing home abuse were substantiated.

The Health Department is fining Westmont Nursing and Rehab Center $200/day until the violations it received citations for are remedied.

Not feeding or bathing a nursing home patient can lead to serious health issues for the resident. They can even lead to Chicago personal injury. Bedsores, bruises, malnutrition, dehydration, infections, deteriorating health, fall accidents, and wrongful death can result.

To decrease the chances that your loved one may become the victim of nursing home abuse or neglect, it is important that you find out about the assisted living facilities you are considering.

Suburban Nursing Home Faces Allegations Of Abuse, CBS2Chicago, October 27, 2009

Related Web Resources:
Suburban Nursing Home Faces Allegations Of Abuse, CBS2, October 27, 2009

Westmont Nursing And Rehab Center, US News & World Report

Illinois Department on Aging

Related Web Resources:
Illinois Department of Public Health

Continue reading " DuPage County Nursing Home Accused of Neglecting Patients " »