Chicago Nursing Home Abuse Lawyer Blog

Nursing home operator Philip Esformes is denying that Chicago doctor Roland Borrasi paid him for access to his patients. Borrasi, who was convicted of one count of conspiracy to offer and receive bribes and kickbacks in exchange for patient referrals and six counts of offering/receiving bribes to get the referrals, is serving a 6-year prison term.

According to Borrasi’s mistress and medical biller, the doctor told her that he would pay Esformes fees between $1,000 and $10,000. Another member of Borrasi’s medical group, unindicted co-conspirator Abhin Singla, told authorities that the nursing home operator was in charge of regulating the in and out flow of residents at his nursing homes and that he did so in a manner that let him receive the maximum benefit allowed.

Singla, who cooperated with federal agents, said that in March 2001 he was with Borrasi when Esformes called and told the Chicago doctor to admit at least five nursing residents to different hospitals. Borrasi did so without inquiring about their medical conditions. Singla claims that someone would “find something wrong” with the residents so they could be admitted. Meantime, taxpayers were paying millions in bogus Medicare and Medicaid bills.

Borrasi was recorded telling three doctors that he used cash bribes and kickback to move nursing residents into psychiatric wards and hospitals in the Chicago area. According to the Chicago Tribune, one patient was administered brain radiation treatments that were inappropriate for her. Another resident was admitted to an acute psychiatric ward after she wouldn’t eat in the dining room.

Two of the state’s largest nursing home chains were also named in the federal probe for allegedly involving their residents in the scam. However, they were never charged.

Nursing Home Negligence
If a nursing home fails to act in a patient's best interests and instead provides a patient with poor or inappropriate nursing care, the facility may be held liable for Chicago nursing home negligence. Unfortunately, because of their advanced age and/or poor health, nursing home residents are easy to take advantage of and they are at risk of becoming victims of Illinois nursing home abuse and neglect. Also, nursing home schemes are not as uncommon as we'd like to think.

Cashing in on frail patients, Chicago Tribune, April 18, 2010

Former CEO and Affiliated Physician Convicted in $565,000 Bribery and Kickback Conspiracy, American Chronicle, July 2, 2009

Related Web Resources:
AARP

Medicare.gov

Continue reading " Chicago, Illinois Nursing Home Negligence?: Kickback Scam Links Convicted Doctor to Assisted Living Facility Operator " »

Regulators in Illinois have begun the process of taking away an Aurora nursing home’s license. They’ve already fined Fox River Pavilion $30,000 for multiple violations and authorities have accused the suburban Chicago assisted living facility of not properly supervising its mentally ill, suicidal, and aggressive residents.

On December 17, nursing home patient Randall Moons died after getting involved in a brawl with another patient. The 57-year-old resident, who has schizophrenia and a history of violence, experienced heart failure after he allegedly assaulted his roommate, who said that no one responded for more than 20 minutes to his calls for help. The roommate sustained injuries to his mouth, nose, ears, as well as suffered a broken kneecap.

In an unrelated case, Fox River was cited for letting a mentally retarded patient eat napkins, latex gloves, toilet paper, and other objects. The resident ended up having to undergo surgery so the objects could be removed. The Aurora assisted living facility also reportedly let a suicidal resident have access to a razor blade. She used the blade to cut her arm and had to have 40 stitches.

In December, there were 26 felons living at Fox River Pavilion. Almost all of the nearly 100 patients living at the Kane County nursing home moved out last month. The steps to revoke Fox River Pavilion’s license comes one month after Somerset Place, a Chicago nursing home, was forced to turn in its license. Like Somerset Place, Fox River Pavilion has already lost its Medicaid funding for endangering patients’ lives. The Aurora assisted living facility has asked for a hearing to dispute the government’s findings that resulted in the revocation of this funding.

Inadequate Supervision
Failure to properly supervise nursing home patients can prove fatal if a resident has a history of violence, is mentally challenged, suffers from mental illness, is a wandering risk, or has special nursing needs. Inadequate supervision can be grounds for a Chicago, Illinois nursing home neglect lawsuit if injuries or deaths results.

Ill. moves to revoke Aurora nursing home's license, BND, April 26, 2010

Funds cut off to Aurora nursing home, Chicago Tribune, February 9, 2010

Related Web Resources:
Nursing Homes in Illinois

Medicaid Nursing Home 2010 Eligibility Rules and Asset Protection, Medicaid Asset Protection Plan

Continue reading " Illinois takes Action To Revoke Suburban Chicago Nursing Home’s License " »

In an effort to improve the quality of nursing care provided at assisted living facilities while decreasing the number of incidents of Illinois nursing home abuse, neglect, and patient violence, Governor Pat Quinn is proposing reforms that would increase the minimum staffing levels at nursing homes throughout the state.

Under current Illinois rules, assisted living facilities are required to give each resident at least 2 ½ hours of nursing care a day. This can be provided if there are about 31 licensed nurses and certified nursing aides for every 100 residents. Now, Governor Quinn wants each patient to receive more personalized nursing care.

Under his proposal, by 2014 each assisted living facility patient that needs skilled attention would get 4.1 hours of nursing care a day, while residents that require intermediate care would receive 2.8 hours of nursing care daily.

Considering that a number of national studies have found that improved care has been linked to giving patients more hours of nursing care, the Governor’s proposal is an interesting one. However, although many Illinois nursing homes are already meeting this higher standard, there are facilities, such as those that rely on Medicaid to survive, that do not have the money to hire more people.

According to the Chicago Reporter, Illinois for-profit nursing homes have the lowest average staffing levels compared to their counterparts in other US states. On the other hand, Illinois nonprofit nursing homes exceed the national average when it comes to the number of hours of nursing care that each patient receives.

Governor Quinn also wants to strengthen oversight while raising the fines and fees that would be imposed on Illinois assisted living facilities for nursing home violations.

Illinois Nursing Home Neglect and Abuse
While new regulations geared at providing better patient care is a positive step forward in the fight to prevent nursing home negligence, assisted living facilities are still responsible for making sure that patients are not harmed or neglected by nursing home workers. If you believe that nursing home negligence allowed your loved ones injuries, deteriorating condition, or death to occur, please contact our Chicago nursing home neglect and abuse law firm today.

Ill. nursing home reformers push for more staffing, PJStar.com, April 20, 2010

Governor: Nursing home staff levels too low, Northwest Herald, April 20, 2010

Related Web Resources:
Nursing Home Safety Task Force, Illinois.gov

Illinois Department of Public Health

Barbara Snyder is suing La Salle County Nursing Home for its failure to protect a former 81-year-old resident from the sexual advances of a male resident. The patient, now deceased, is one of 10 female residents who were allegedly sexually abused by the male patient, who has a history of sexual misconduct. Most of the victims have dementia.

This is the third Illinois nursing home negligence lawsuit filed against the assisted living facility over the alleged sexual assault incidents. In October 2009, Henry Elzer filed a La Salle County nursing home abuse complaint seeking at least $250,000 for a female patient whose pelvic bone cracked during an incident with the same male resident. The following month, Marilyn Wig filed an Illinois nursing home neglect lawsuit on behalf of another female resident. Wig’s complaint sought $100,000.

Chicago, Illinois Nursing Home Sexual Assault
Sexual abuse is a crime—no matter who the victim or the perpetrator. It is disturbing to realize that many old, frail, and weak nursing home patients are left unprotected at assisted living facilities to the extend that they become easy prey for sexual offenders and abusers.

It is an Illinois nursing home’s responsibility to provide a resident with the proper nursing care and make sure that he/she does not become the victim of Chicago nursing home abuse, neglect, sexual assault (including rape, unwelcome fondling, or molestation), or other violent crimes.

Not only should residents be properly supervised, but assisted living facilities should make sure that sexual offenders are kept far away from other patients and that background checks are performed on prospective employees and patients to determine whether they have a criminal record and/or a violent past.

LA SALLE COUNTY NURSING HOME: Another suit filed over sex abuse, The Times, November 10, 2009

Third suit filed against La Salle County Nursing Home, News Tribune, April 17, 2010

Related Web Resources:
Nursing Home Safety Task Force, Illinois.gov

Nursing home sexual violence: 86 Chicago cases since July 2007 — but only 1 arrest, Chicago Tribune, January 26, 2010

Maximo Hong Fajardo Jr., a 32-year-old certified nursing assistant, is charged with the murder of Barbara McIver. The 87-year-old nursing home resident died last month at the Convalescent Center Mission Street after Fajardo allegedly smothered her.

The first time that Fajardo Jr, a new employee at the assisted living facility, was given permission to spend time with the patients while unsupervised was on the day that McIver died. The alleged murder took place in front of other bedridden patients.

Fajardo Jr. is accused of then fleeing from the nursing home, carjacking two vehicles, attempting to steal a third car, and knocking down a cop while trying to avoid capture.

The nursing home worker, who doesn’t have a criminal record, pleaded not guilty to the criminal charge.

Chicago, Illinois Nursing Home Abuse
Nursing home workers are supposed to take care of patients. They aren't supposed to neglect, abuse, or harm them in any other way. Unfortunately, nursing home abuse and neglect and patient violence continue to be problems at many assisted living facilities, and it is the patients that suffer.

If your loved one was the victim of a violent crime committed by a nursing home worker, another resident, or anyone else at the assisted living facility, you may have grounds for pursuing a Chicago nursing home negligence lawsuit. Long-term care facilities are supposed to make sure that the workers they hire are properly trained, do not have a criminal record or violent tendencies, and are appropriately supervised.

Continue reading " Nursing Home Abuse: Worker Accused of Smothering an 87-Year-Old Patient is Charged with Her Murder " »

Two families say negligent nursing care at Northwoods Rehabilitation and Extended Care Facility contributed to their parents’ deaths. Their allegations come after 14 of the facility’s nursing workers were charged with the neglect of a 50-year-old patient, who was allegedly left immobile for hours at a time. Not only are the defendants accused of failing to properly treat her bedsores, but they also allegedly did not give her medication or change her underwear. They are also accused of trying to cover up the nursing home neglect. However, surveillance footage shot over a six-week period as part of a state investigation in 2009 captured evidence to the contrary.

Now, Suzanne Gilday and her sisters are saying that their mother, Mary Ann Papielion, was also a victim of nursing home neglect while staying at the assisted living facility. Gilday says the nursing home workers left Papielion lying on a bedpan for almost an hour and accidentally administered medication to her from another resident’s inhaler. The sisters frequently had to change the 66-year-old woman’s bedsheets for her.

Three months into her stay at the nursing home, Papielion developed a UTI that turned into septic shock. She was hospitalized and died soon after.

Another family, Joseph Gruber’s relatives, say he also died because of nursing home neglect. The 78-year-old patient checked into the assisted living facility in September 2008 because arthritis caused him to experience limited range of movement.

Gruber, who was inserted with a urinary catheter, ended up in a hospital after a urinary tract infection turned into a septic infection. He had bedsores all over his backside from head to toe. A nurse at the hospital said that the former firefighter’s condition was typical for someone who had stayed at Northwoods. After Gruber’s death, his family was billed $120,000 for the nursing care he supposedly received.

Families allege poor care at facility, Timesunion.com, April 2, 2010

14 Charged With Nursing Home Neglect, Fox23, April 1, 2010

Related Web Resources:
Bedsores, MayoClinic.com

Septic Shock, Medline Plus

Nursing Home Abuse Overview, Justia

For many nursing home patients who cannot breathe without assistance, a breathing tube can serve as a lifeline. The tube is usually inserted into the trachea through the nose or mouth and attached to a ventilator or a manual resuscitator. Patients with breathing tubes usually cannot speak because the tube goes through the vocal cords. They will also likely have to drink and eat through a feeding tube or IV.

In addition to making sure that the breathing tube is properly inserted into a patient—improper insertion is an all too common error that happens—nursing home workers must make sure that the tube is regularly suctioned so that mucus is removed and doesn’t clog up the patient’s lungs. Nursing employees and caregivers also need to make sure that the patient’s ability to cough is not impaired and that his/her specific nutritional needs and hydration and humidity levels are addressed. Otherwise, health complications, including infection, can result.

Chicago, Illinois Nursing Home Negligence
It is imperative that the nursing home workers that are tasked with caring for patients with breathing tubes are properly trained and skilled at dealing with this particular medical device. Failure to monitor patients with breathing tubes for signs of distress, choking, pulmonary problems, or discomfort, and/or the failure to clear and clean the breathing tubes can lead to serious injuries, including traumatic brain injury, respirational pneumonia, serious distress, and even death.

You can sue an assisted living facility for Chicago nursing home neglect if the staff’s failure to provide the proper nursing care caused serious injuries, health complication, or fatality.

Related Web Resources:
Science news articles about 'breathing tubes', Esciencenews.com

Nursing Home Care, CDC

Continue reading " Chicago, Illinois Nursing Home Neglect Can Leave Patients with Clogged Breathing Tubes " »

The daughter of a woman who was the alleged victim of sexual assault is suing Chateau Village Nursing and Rehabilitation Center for Cook County nursing home neglect. Laura Swanson, who is the executor of her mother Georgiann Palmer’s estate, is seeking over $1 million in punitive damages and $50,000 in actual damages.

Swanson is accusing the Willowbrook assisted living facility of nursing neglect and “willful and wanton” conduct. In her Chicago, Illinois nursing home negligence lawsuit, the plaintiff alleges that her mother was sexually assaulted on May 7, 2009 by a fellow assisted living facility resident.

Swanson contends that even though nursing home employee Kim Frankenfield had determined that it was best not to admit Palmer’s alleged assailant as a resident—he had a history of propositioning others for sex and she concluded that the assisted living facility would not be able to properly care for him—the nursing home still decided to admit him in May 2009. The complaint claims that Frankenfield was fired for telling the authorities about her determination.

Palmer passed away of unrelated causes several months after the alleged sex assault.

Nursing Home Sexual Assault Crimes
Too many Cook County nursing home residents have become the victims of sexual and/or violent crimes involving fellow patients as the assailants. It doesn’t help that many residents are unable to care for themselves let alone fend off any kind of attack. Often, residents are physically unable to report what happened or they may be too scared.

It is a shame that nursing home patients are made vulnerable to becoming the victims of crimes at the very places that are paid to provide them with the care that they need. You can sue an assisted living facility if its workers’ failed to protect you or your loved one from Chicago, Illinois nursing home abuse, nursing neglect, or patient violence.

Lawsuit alleges sexual assault at Chateau Village, Pioneer Local, April 6, 2010

Related Web Resources:
Chateau Village Nursing and Rehabilitation Center

Nursing home sexual violence: 86 Chicago cases since July 2007 — but only 1 arrest, Chicago Tribune, January 26, 2010

An Illinois Appellate Court has gotten rid of a cap that limits how large of a fine the state’s Department of Public Health can impose on an assisted living facility that underperforms. The court’s decision overturns a Circuit Court ruling last year that imposed a $10,000 cap on nursing home fines. Before that fines high as $300,000 had been issued for inadequate nursing care. For now, however, the IDPH says it will keep imposing fines under $10,000 to avoid any legal problems.

Meantime, nursing home industry representatives have said that better nursing care won’t necessarily come about just because the IDPH is issuing higher fines. There are nursing home advocates that would like Illinois to impose a fine minimum between $25,000 to $50,000.

Our Chicago nursing home neglect lawyers want to remind you that regardless of whether or not the state fines an assisted living facility for negligent nursing care, you and your family may still be able to pursue a civil case to obtain damages for Chicago nursing home abuse or neglect or patient violence.

Bedsores, unexplained falls, malnutrition, dehydration, sepsis, elder financial abuse, poor patient hygiene, inappropriate restraint, sexual abuse or assault, choking injuries, clogged breathing tubes, emotional abuse, inadequate nursing care, medical malpractice, and medication mistakes are some of the many reasons why a nursing home resident may choose to pursue a Cook County nursing home negligence lawsuit against a Chicago assisted living facility.

Appellate court lifts ban on nursing home fines in Illinois, McKnight's Long Term Care News, April 5, 2010

Appellate court overturns cap on nursing home fines, The State Journal-Register, April 1, 2010

Related Web Resources:
Illinois Department of Public Health

Nursing Homes, City of Chicago

Continue reading " Cap on Fines Against Illinois Nursing Homes Lifted by Appellate Court " »