Chicago Nursing Home Abuse Lawyer Blog

Hazard Nursing Home administrator Sheila Noe and the assisted living facility’s owner have been charged with the Class B misdemeanor crime of failure to report the suspected sexual abuse of an elderly person. The nursing home received a Type A citation over the alleged failure in June.

The alleged nursing home sexual abuse incidents involve Mae Campbell, an 88-year-old nursing home resident who has Alzheimer’s. Per the citation, during one incident in August 2009, nursing home staff members found her Campbell with semen on her after a male patient had detained her in his room. The male resident was found with his genitals exposed. During another alleged nursing home sex abuse incident, a male resident walked up to Campbell, who was seated in the nursing home hallway, and ejaculated on her face.

The nursing home company and administrator are accused of knowing about the sexual assault crimes but failing to report them. Campbell’s sons have filed a nursing home negligence lawsuit.

Chicago, Illinois Nursing Home Sexual Assault Crimes
Unfortunately, because of advanced age, deteriorating physical or mental health, loss of speech, or diminished motor skills nursing home residents are easy prey for sexual predators. This is why assisted living facilities must properly screen prospective employees and residents to determine whether they may pose a danger to others.

Sexual abuse can consist of rape, inappropriate touching, sodomy without consent, sexual harassment, molestation, or other inappropriate sexual acts.

Not only must assisted living facilities protect residents from sexual abuse, but also they are obligated to report any incidents should they arise.

Hazard Nursing Home charged in sex abuse case, Kentucky.com, August 6, 2010

Nursing Home Under Investigation, WKYT, July 26, 2010

Related Web Resources:
Nursing Home Compare, Medicare.gov

Illinois Department of Public Health

A prank on fellow nursing home workers became an example of nursing home abuse when six employees went too far and covered residents with a slippery cream. They had greased the patients so that their co-workers would have a difficult time handling the residents when providing them with nursing care, taking them to the bathroom, or moving them. All of the residents involved have dementia and never gave their consent to be a part of the joke.

The six nursing home workers have since been fired and arrested. They each face one misdemeanor county of injury to an elder or a dependent adult, battery committed while on hospital property, battery committed on an elder or a dependent adult, and conspiracy.

Fortunately, none of the patients were injured during the prank—though the grease on their bodies could have easily allowed them to slip through a caretaker’s grasp, placing them at risk of broken bones or a fractured hip in the event of a fall accident.

Nursing home workers should never take advantage of their patients by abusing, neglecting, or playing jokes on them without their consent. Such acts ignore a resident’s rights and can cause emotional trauma, pain, and suffering. Patients come to an assisted living facility because they need to be taken care of—not so that nursing home workers and others can do with them what they will.

Our Chicago nursing home neglect and abuse lawyers are committed to making sure that our clients obtain justice and fair treatment. We are here to fight for their financial recovery.

6 arrested for greasing elderly at CA nursing home, Newsvine, August 3, 2010

Elders allegedly abused at nursing home, UPI, August 4, 2010

Related Web Resources:
ElderCare

US Department of Health and Human Services

Last week, protestors from the Progress Center for Independent Living stood outside Crestwood Terrace chanting that “Nursing Homes Have Got to Go.” The group, which advocates for the disabled, claims that the Chicago nursing home staff is denying patients their basic rights.

According to Progress Center program director John Jansa, Crestwood residents have claimed that they don’t get their medications on time and they have been robbed of their personal items. One resident has reportedly complained that he has been made to wait hours for a shower, which he gets twice a week, and nursing home staff have refused to make his bed.

Jansa says that the group has sent a list of demands to the nursing home administrator’s office. Demands include ensuring that patients are given information about their basic rights and are informed about state programs that can allow them to move into the community.

Our Chicago nursing home abuse and neglect law firm believes it is important that nursing home residents’ rights are upheld. We are committed to helping our Illinois nursing home negligence clients obtain financial recovery for the harm they have suffered.

Nursing home patients have numerous rights, including:

• The right to a clean and safe facility that is free from abuse or neglect.
• The right to participate in your nursing care, including the right to a care plan and the right to refuse treatment.
• The right to privacy, including private visits with friends and family and private phone calls.
• The right to be treated with respect.
• The right to manage your own money.

Group protests outside Crestwood nursing home, SouthTownStar, August 21, 2010

Rights of People Living in Nursing Homes, Egyptianaaa.org

Related Web Resources:
Illinois Department on Aging

Progress Center for Independent Living

Continue reading " Advocates Protesting Outside Crestwood Terrace Allege Chicago Nursing Home Neglect " »

Michael Huntsman is seeking over $350,000 in compensatory damages and a judgment of more than $800,000 for the Illinois nursing home negligence that his father suffered prior to his death. The defendants in this civil case are the Elmwood Nursing and Rehabilitation Center, its owners Maryville Health Properties, Healthcare Management Associates, Lorraine Suissa, Makhlouf Suissa, Mark Suissa, Noah Wolff, and Eric Rothner, and Fox Med-Equip Services.

Michael’s dad, Elmer Huntsman, had been staying at the Maryville nursing home for less than two months when on October 5, 2008, he experienced shortness of breath, distress, and severe oxygen desaturation. According to Michael’s Illinois nursing home neglect lawsuit, the CPAP machine that was supposed to force air into his lungs to help Elmer breath at night failed to do so. However, despite Elmer’s request that the nursing home staff assist him, they refused to help until the following morning when the day shift called the hospital requesting a non-urgent transfer for him. By the time Elmer got to the hospital, his pupils were dilated and fixed and he showed lividity.

Michael also says that prior to Elmer’s death, his dad developed a urinary tract infection, stage 2, 3, and 4 pressure sores on his coccyx and buttock, and unexpectedly lost weight. He contends that the nursing home and its owners were negligent when they failed to properly assess his dad’s condition, did not provide the patient with the proper supervision, and failed to recognize and treat his condition. The assisted living facility has already been cited for improper nursing in relation to Elmer’s death.

Michael is accusing Fox-Med-Equip, the company that makes the continuous positive airway pressure system device, of a number of negligent acts, including failing to set up proper procedures to make sure that the machine worked properly, and failing to properly train the nursing home staff on how to use the equipment.

Illinois Nursing Home Negligence
Improper nursing care can be deadly for residents, many of whom are already suffering from serious health issues and are prone to health complications, including infections, and bedsores. There may be more than one party who should be held liable for your loved one’s nursing home injuries and health problems.

Determining liability is likely the last issue you want to be thinking about when you are so busy grieving for your loved one. However, the sooner you explore your legal options, the better.

Elmwood Nursing and Rehab Center named in suit, The Record, August 20, 2010

Related Web Resources:
Bedsores, MayoClinic

Nursing Homes, Medicare.gov

Police are trying to determine how Dorothy Butler, a 100-year-old nursing home patient, sustained four broken ribs, suffered severe hemorrhaging, and developed pressure sores and bruises while staying at the Boulevard Terrace Rehabilitation and Nursing Center. Butler was rushed to the emergency room on August 16.

The assisted living facility’s nursing home administrator says that it is also trying to determine how Butler’s injuries happened. Meantime Department of Health and Human Services is investigating whether any nursing home abuse or neglect took place.

When the nursing home was last inspected in December, there were a few deficiencies, including failure to tell patients, family members, and doctors about significant changes in residents’ health. The deficiencies have since been remedied. The nursing home had been forced to shut down to new residents in 2008 after state inspectors found less than acceptable administrative and nursing service conditions.

Butler was staying at Boulevard Terrace so she could recover from a broken femur. After she was released from the hospital on Tuesday, she was admitted to a different assisted living facility.

Chicago Nursing Home Neglect and Abuse
If you suspect that your loved one is a victim of nursing home abuse or neglect, it is important that you remove him/her from the assisted living facility immediately and contact the authorities. You should also speak with an experienced Chicago nursing home abuse and neglect lawyer right away. If your loved one has bruises, other injuries, pressure sores, or any health issues that you believe have arisen because negligent nursing care or nursing home violence, it is a very good idea to get your loved one medical help as soon as possible.

100-year-old woman's injuries trigger investigation, Tennesean, August 18, 2010

100-Year-Old In Nursing Home Suffers Broken Ribs, WSMV, August 17, 2010

According to the US Centers for Medicare and Medicaid Services, Embassy Health Care Center, a Wilmington, Illinois nursing home has been cited for Will County nursing home neglect and poor nursing care. Unless remedies are implemented by August 26, regulators say that they will take away the assisted living facility’s federal funding.

They are accusing the Wilmington nursing home, which is heavily dependent upon Medicaid funding and houses about 150 patients, of failure to prevent patients from developing bedsores and inadequate buildling maintenance. At this time, the Illinois Department of Public Health is not looking to take away the assisted living facility’s license.

Inadequate Nursing Care
Not giving a patient the proper nursing care that he or she needs can be detrimental to the resident’s health. Some examples of inadequate nursing care:

• Failure to provide patient with immediate medical attention
• Not bathing a resident regularly
• Not turning the patient on a frequent basis to prevent pressure sores
• Failure to administer medication on time
• Overdosing a patient
• Not responding to resident’s request for help or attention
• Failure to notify the resident’s physician of changes in health
• Allowing residents to live in unsanitary conditions
• Wrong diagnosis
• Failure to ensure that patient remains hydrated
• Failure to adhere to patient’s care plan
• Disregarding resident’s food restrictions or neglecting to grind up or blend food as ordered by the patient's dietary plan
• Failure to treat bedsores promptly to prevent infection or deterioration
• Nursing home abuse
• Nursing home neglect

Wilmington: Feds cite Embassy Health Care Center for neglect, The Daily Journal, August 15, 2010

Related Web Resources:
Illinois Department of Public Health

Centers for Disease Control and Prevention

Continue reading " Will County, Illinois Nursing Home Accused of Poor Nursing Care, Failure to Prevent Bedsores, and Improper Building Maintenance Could Lose Federal Funding " »

The Associated Press is reporting that Illinois regulators are acting to take away Columbus Manor Residential Care Home’s license. The Chicago nursing home is the residence for about 130 mentally ill patients.

The assisted living facility has been cited for numerous violations that have placed patients’ lives at risk. According to state inspectors, one female patient, age 67, had to fight off a Chicago nursing home sexual assault by one of the male residents. Other incidents of violence between patients have also occurred. The for-profit home may have even neglected to tell the doctor of one of the patients, age 61, that the resident was sick. This could have contributed to his death from infection.

A hearing is set for December. Meantime, the Chicago nursing home has turned in a plan to remedy the issues. It is facing a $100,000 minimum fine.

Our Chicago nursing home neglect attorneys have been updating our blog site, Chicago nursing home abuse lawyer blog, with the latest developments regarding the care of mentally ill patients at Illinois assisted living facilities. Some of the incidents that allegedly occurred at Columbus Manor Residential Care Home are examples of why it is so important that patients stay at facilities that know how to provide them with the care that their respective conditions warrant. Otherwise, they can be a danger to themselves or others.

Over the last several months, it has become even more clear that Chicago nursing home patient violence, often committed by mentally ill and/or violent patients, is a serious problem at a number of Illinois nursing homes. An assisted living facility that doesn't do enough to protect a patient from becoming the victim of a crime can end up the defendant of a Chicago nursing home neglect and abuse lawsuit.

Chicago Nursing Home Faces Loss Of License, AP, CBS2Chicago, August 11, 2010

Related Web Resources:
Nursing Home Safety, Chicago Tribune

Advocating for Older Citizens, Illinois Attorney General Lisa Madigan

The Collinsville Rehabilitation & Health Care Center is appealing the $25,300 it has been ordered to pay over the alleged Illinois nursing home sexual assault of a female patient by a male resident last December. While the Illinois Department of Public Health and the Centers for Medicare and Medicaid Services found that the assisted living facility failed to conduct a criminal background check and did not ensure that the victim, who was afraid of the male patient, lived in a safe environment, the nursing home’s administrator says that a check of the National Sex Offender Registry was conducted, and that this met the state's requirements. The alleged assailant’s name was not listed on it.

The male resident is accused of going into the woman’s room and pulling up her skirt. No charges were filed against him.

While the IDPH imposed the $20,000 fine against the Collinsville facility for allegedly allowing the Illinois nursing home abuse to happen, the CMS fined the nursing home $5,300 for failing to report the alleged sex crime.

It is important that Illinois assisted living facilities conduct criminal background checks so that dangerous felons are not housed along with the general population. Just today, Rockford police arrested two patients from Alden Park Strathmoor Nursing Home on outstanding criminal warrants. Two other residents also had warrants in their names, but they were not apprehended because of their medical condition. They will, however, continue to be monitored.

The arrests are part of Attorney General Lisa Madigan’s efforts through the initiative Operation Guardian to make sure that Illinois assisted living facilities are in compliance with the laws and regulations. To date, her office has conducted 16 compliance checks and found 84 patients with outstanding criminal warrants.

Rockford nursing home residents arrested in sting, RRStar, August 9, 2010

State fines Collinsville nursing home, Suburban Journals, August 5, 2010

Related Web Resources:
Attorney General Urges Alliance to Crack Down on Noncompliant Facilities, Illinois Attorney General, February 24, 2010

Nursing Home Safety Task Force, Illinois.gov

Continue reading " Illinois Nursing Home Abuse Allegations: Collinsville Assisted Living Facility Appeals $25,300 Fine Over Sex Assault " »

Pilgrim Haven Health Facility has been fined $100,000 for allegedly failing to prevent an 85-year-old assisted living facility resident from falling twice and eventually sustaining a head injury that proved fatal. The resident, who suffered from diabetes, dementia, and a heart condition, was supposed to get around in a walker while under the supervision of a nursing home worker. However, according to a state investigator, not only did the nursing home fail to make sure that the resident’s walker was easily accessible to him, but also they didn’t follow doctor’s instructions to install an electronic fall monitor.

The first nursing home fall accident happened last October, when nursing home workers found the man sitting on his bedroom floor after a fall accident. He sustained a scratch to his head. In December 2009, nursing home workers once again found the patient on the ground. He told them that he had fallen while using his walker.

The resident said he did not strike his head during the nursing home fall and a neurological exam did not show that there was anything wrong. Later that night, he started throwing up and turned pale. However, nursing home workers waited to tell his doctor and did not reevaluate him for possible head injuries. Also, there was no registered nurse on duty at the time.

The 85-year-old patient died the next day at the hospital. Doctors say that he passed away because the fall caused head trauma and bleeding in the brain.

With so many tools available to prevent nursing home falls from happening, assisted living facilities have no excuse for not doing everything possible to prevent such an accident from happening—especially when some patients have already proven that they are a fall risk. As evidenced by the incident above, fall accidents can cause serious injuries and death.

Los Altos nursing home fined $100,000 after man suffers fatal head injury, Los Angeles Times, August 4, 2010

Los Altos Nursing Home Fined $100K In Falling Death, KTVU, August 3, 2010

Related Web Resources:
Falls in Nursing Homes, CDC

Vitamin D may reduce nursing home falls, UPI, January 19, 2010

Continue reading " Nursing Home Negligence: Assisted Living Facility Fined $100,000 Over 85-Year-Old Resident’s Fall Accidents and Fatal Head Injury " »

Two men accused of robbing seniors at a Palos Park nursing home reportedly posed as high school teenagers to commit their theft crimes. One of the suspects, 21-year-old Carol Stream resident Jay Taylor, is charged with two felony counts of forgery. Police arrested the man referred to as Taylor’s accomplice, 21-year-old Sal Auditore, outside the state on an unrelated burglary charge.

According to the authorities, the two men pretended to be students working on projects to get their elderly targets to trust them. When talking to the nursing home residents about the project, one of the men would request to use the bathrooms. He would then go off to steal credit cards, money, checks, and other items. The Cook County Sheriff’s office is trying to determine whether there are more victims.

Cook County nursing homes are responsible for making sure that their premise is safe and that violent and theft crimes to not happen on the grounds or at the facility. This includes making sure there is adequate security on the premise, that all visitors are identified and accounted for, and that doors into the facility are properly secured. If the negligence, carelessness, or recklessness by workers or facility owners allows a crime to be committed and a patient is hurt or suffers other damages as a result, the assisted living facility can be held liable for Chicago nursing home negligence.

Unfortunately there are those who continue to prey on the elderly, the sick, and the mentally frail because they are considered easy targets for theft and fraud crimes. In many instances, it is a caregiver or someone else entrusted with the elderly person’s care who commits elder financial abuse or theft.

2nd man arrested in Palos thefts, Southtown Star, August 5, 2010

Police: Men posed as high school students, stole from seniors, Chicago Sun-Times, August 2, 2010

Related Web Resources:
Theft in Nursing Home, Elder Care Rights

Related Web Resources:
Illinois (IL) Nursing Homes / Skilled Care Facilities by County, CarePathways

The administrator of William B. McCuller’s Estate is suing Memorial Convalescent Center and Memorial Hospital for Illinois wrongful death. Winifred Love is seeking a judgment of over $50,000 plus costs. She is alleging Illinois nursing home negligence.

According to her civil complaint, McCuller developed pressure ulcers that resulted in an infection and his eventual wrongful death in 2009. Love claims that staff at both the center and hospital did not properly monitor or treat him, neglected to identify him as someone at high risk for pressure sores, and failed to detect the early signs of wound occurrence. Love claims that the centers’ employees did not follow proper wound prevention and treatment procedures and that because of McCuller’s passing, his family members experienced sorrow and grief and were deprived of companionship, services, instruction, counsel, guidance, love, training, and support.

Factors that Increase the Chances a Patient Will Develop Bedsores:
• Delicate skin
• A chronic condition
• Being bedridden
• Having to use a wheelchair
• Urinary or bowel incontinence
• Not being able to move without help
• Mental illnesses
• Advanced age

Common Causes of Pressure Sores:
• Prolonged pressure, which can occur when the patient stays in the same position on a chair or bed for too long a period of time
• Friction, which can occur when the skin brushes roughly against the bedsheets
• Excess moisture or perspiration on the skin
• Obesity
• Poor health
• Malnutrition

Some Ways to Prevent Decubitus Ulcers:
• Check the skin regularly
• Clean the skin and dry it gently
• Make sure a patient shifts physical positions on a frequent basis
• Use devices designed to prevent pressure sores, such as pressure-relieving cushions for wheelchairs

Pressure sores not treated, says wrongful death suit against Memorial and nursing home, The Record, July 29, 2010

The Lurking Dangers of Pressure Sores, MDA

Related Web Resources:
Pressure Ulcers Among Nursing Home Residents, CDC

Pressure Ulcers in Nursing Homes, NMMRA