Chicago Nursing Home Abuse Lawyer Blog

The family of Ingrid Williamson is suing Rainbow Beach Nursing Center for Chicago nursing home negligence. Williamson, who has schizophrenia, became pregnant while staying at the South Side assisted living facility in 2003.

Williamson’s family says they noted that her body was changing that summer but when they asked nursing home staff, they were told that it was just her medication that was making her puffy. A home pregnancy test and doctor examination confirmed that she was 5 ½ months pregnant, and Williamson gave birth to a baby in January 2004. A mentally ill patient is believed to be the father—although a test hasn’t confirmed this.

In their Chicago nursing home negligence complaint, Williamson’s family is accusing the assisted living facility of failing to protect her from the sexual advance of other patients. At the time that she became pregnant, Williamson was a ward of the state and considered legally unable to make her own choices. They contend that not only did the South Side facility provide her with pre-natal care and medication, but also that the nursing home kept giving Williamson psychotropic drugs to treat her mental illness even though the family expressed concern that doing so could hurt the unborn baby.

The child, now 6, is developmentally delayed and has autism. Williamson’s sister Shaune Williamson Ofori-Amanfo, is the child’s legal guardian.

This is not the first time that the Rainbow Beach Nursing Center has come under fire for failing to properly supervise residents. The Illinois Department of Public Health was fined $10,000 in 2004 after a male resident was found engaging in inappropriate sexual behavior in a female patient's room. She became upset and had to be given medication. The male patient had a history of entering female residents' rooms.

Chicago Nursing Home Negligence
Some nursing home patients have lost the capacity to make decisions on their own or take care of themselves. They are placed in assisted living facilities because they need nursing care and supervision. When failure to provide that supervision causes injury or some other harm, family members may have grounds for filing a Chicago nursing home neglect lawsuit on their loved one’s behalf.

Woman sues nursing home after patient impregnates sister, Chicago Sun-Times, September 30, 2010

Two Chicago Nursing Homes Fined, Illinois Department of Public Health, September 29, 2004

Related Web Resources:
Rainbow Beach Nursing Center

Nursing Home Care Act

Cook County authorities are charging Ernest R. Rokosik with one count each of senior exploitation and theft of more than $100,000. The charges are related to a Chicago elder financial abuse case involving a mentally disabled victim.

According to the Cook County Sheriff’s office, the 63-year-old victim inherited approximately 600,000 from his mother in 1998. Rokosik’s father Ernest W. Rokosik, a Chicago cop and family friend, would go on to obtain power of attorney over the victim. The older Rokosik allegedly took money out of the victim’s bank account on a regular basis without authorization.

Following his father's death, Ernest R. Rokosik allegedly convinced the victim to give him the same financial control. According to the authorities, the Rokosiks stole over half a million dollars from him in less than 10 years.

The Cook County public guardian has filed a lawsuit on behalf of the victim. The Chicago elder financial abuse complaint says that the victim lives on just $850 a month.

Financial Exploitation of the Elderly
Unfortunately, seniors—especially those suffering from serious physical or mental illnesses—are easy targets for people intent on making a profit by stealing from others. Not only is Illinois elder financial abuse a crime, but also the victim may have grounds for a civil lawsuit against the perpetrator. It can be devastating for the victim to lose his/her retirement fund or money intended for nursing care because of Chicago elder financial exploitation.

Chicago father and son accused of depleting disabled man's savings, Chicago Tribune, September 22, 2010

Financial Abuse, National Committee for the Prevention of Elder Abuse

Related Web Resources:
How to Recognize Signs of Financial Abuse, CANHR

AARP

According to Illinois Attorney General Lisa Madigan, “felons are using nursing homes… as safe houses.” In Chicago on Monday, Madigan said that after just 21 unannounced sweeps of assisted living facilities in the last nine months over 100 nursing home residents with active arrest warrants have been discovered. Madigan promises to continue entering assisted living facilities until this problem is resolved. She says that her officer remains committed to ensuring that nursing home patients are properly cared for and kept safe.

Madison spoke at the Central Nursing and Rehabilitation Center, a Chicago nursing home where a sweep had resulted in four arrests. The “Operation Guardian” sweeps are conducted by a multi-agency team. The checks are an attempt to weed out dangerous residents so that other patients do not become the victim of Illinois nursing home patient violence.

Of the arrest warrants discovered, approximately 2/3rds of them were not executed because they had come from other states or because the patients involved were too sick or mentally ill to be taken into custody. However, some 30 patients have been arrested for various crimes, such as battery and burglary. Also, 14 people who had been reported missing were identified.

In addition to “Operation Guardian,” the state’s health department also performs unannounced probes of the nearly 1,200 Illinois nursing homes every 12 to 15 months. The investigations take place to ensure that assisted living facilities are in compliance with the law. However, Madigan noted today that some homes will wait until they are due for another unannounced check before making certain fixes.

State law makers began to take more aggressive action with “Operation Guardian” and other initiatives after the Chicago Tribune ran an in-depth investigation into the problem of nursing home violence. Many such incidents occurred in assisted living facilities that housed felons or younger mentally ill patients.

With so many nursing home patients at risk of becoming victims of patient violence, it is important that assisted living facilities keep out prospective residents that could pose a danger to others. Our Chicago nursing home abuse and neglect law firm represents victims that have suffered personal injury at the hands not just of staff employees but also from patient violence or other crimes at an Illinois assisted living facility.

Nursing home sweeps find residents with arrest warrant, Chicago Tribune, September 20, 2010

124 with arrest warrants found in nursing homes, WHBF, September 20, 2010

Related Web Resources:
Illinois Attorney General

Nursing home safety, Chicago Tribune

After the Illinois Department of Health’s discovery of black mold on the walls and window sills in a number of residents’ rooms at the Galesburg Terrace nursing home, the media is reporting that one woman is questioning whether the toxic substance contributed to her mother’s death.

Becky Sottos’ mom Mildred passed away six months ago. Doctors determined that the 79-year-old, who smoked until the last couple of years of her life, died from pneumonia. Now, however, Sottos is wondering whether the mold worsened her mother’s health.

Meantime, other nursing home residents at the Illinois nursing home have also expressed concern about the black mold. According to WQAD.com, Gilbert Bouchez, one of the patient’s whose room was housing the mold, says he’s been hacking and coughing since April. Resident Myrtle Potter says that she too has had a chronic cough. Her son David Ennis told News Eight that even after mold was discovered in her room, the assisted living facility did not bother to transfer her to another room. He also claims that he and his family were not notified about the mold.

The Illinois Department of Public Health has cited the assisted living facility for the mold, ventilation care errors, and mistakes related to the administering of medication.

Black Mold
Considered a toxic substance, black mold is a parasitic substance that releases mycotoxins that can cause health issues. Flu- and cold- like symptoms, wheezing, sore throat, asthma, nasal congestion, depression, dizziness, headaches, fatigue, and death can result. Unfortunately, many mold-related illnesses can be misdiagnosed. Considering that many nursing home residents already suffer from weakened immune system and other health issues, exposure to black mold can prove detrimental to them.

Assisted living facilities can be held liable for Chicago nursing home negligence if failure to maintain a sanitary space that is free of toxins causes residents to suffer health issues.

Family of deceased Galesburg nursing home resident concerned after mold discovery, WHO-TV, September 14, 2010

Residents of Galesburg nursing home upset over mold discovery, WQAD, September 13, 2010

Related Web Resources:
Illinois Department of Public Health

Signs of a Black Mold Problem, Toxic Black Mold Information Center

What Are the Dangers of Black Mold?, eHow

Continue reading " Illinois Nursing Home Negligence?: Discovery of Mold at Assisted Living Facility Causes Woman to Question the Cause of Her Mother’s Death " »

Hundreds gathered in Chicago on Tuesday for a hearing about the way Illinois houses and takes care of thousands of Medicaid recipients. Testimony included arguments for and against a proposed class-action settlement that would give thousands of mentally ill patients the opportunity to move into housing other than traditional nursing homes that may be better suited to their needs. U.S. District Judge William Hart is expected to rule on the state's plan.

The decision to move into these alternative housing situations would be optional. The agreement establishes a timetable for residents to move into smaller homes and apartments, and the state would then give them support services. While the National Alliance on Mental Illness of Illinois and the US Justice Department support the terms of the settlement, some patients' family members are worried that nursing homes might shut down if too many residents end up leaving.

Illinois has depended heavily on nursing home to take care of mentally ill patients, and the class action complaint had accused the state of violating the Americans with Disabilities Act by supporting institutions for mental diseases (they are licensed as nursing homes) while underfunding other housing options. Although State officials deny any such violations, they have agreed to the settlement.

Chicago Nursing Home Negligence
Not only is it important for mentally ill patients to get the proper care that they need, but also, sometimes housing seriously mentally ill residents with other nursing home patients can be harmful to both parties—especially to the latter. Their physical, mental, and/or emotional vulnerabilities can make them easy targets for patient violence, sexual assault, Chicago nursing home neglect, and abuse.

Judge to decide on state plan for mentally ill, ABC Local/AP, September 7, 2010

Hearing set on plan to let mentally ill live alone, Pantagraph.com, September 7, 2010

Illinois to move 4,500 mentally ill from nursing homes to community care setting, Mcknights, March 16, 2010

Related Web Resources:
Nursing Homes in Illinois

National Alliance on Mental Illness of Illinois

Continue reading " Illinois Nursing Home News: In Chicago Federal Judge Hears Testimony Regarding Housing for Mentally Ill Patients " »

State authorities are trying to determine whether someone tipped off to a Chicago nursing home that it was about to receive a surprise inspection by Illinois Attorney General Lisa Madigan’s office. Celeste Jensen, the facility administrator for Grasmere Place, was reportedly waiting for law enforcement officials when they arrived on July 22 for what should have been a surprise “Operation Guardian” investigation.

When inspectors arrived for the surprise visit in July, the Chicago nursing home was fully staffed and undergoing repairs. However, during an unannounced follow-up visit on August 16, the facility was in less immaculate condition and there were less staff members on duty. Jensen says that a city official from the Department of Family and Support Services had warned her about the original visit.

Operation Guardian
The unannounced visits under “Operation Guardian" are supposed to protect residents from Illinois nursing home abuse and neglect. State and local law enforcement teams and health inspectors work together to conduct unannounced inspections of assisted living facilities to make sure that they are in compliance with safety and health regulations and remove patients that have outstanding arrest warrants from the premises. If nursing homes are notified in advance about the visits, they may remedy any existing safety issues, health hazards, and other violations prior to the inspection to make it appear as if there are none. To date, the sweeps have led to the arrest of at least 20 residents with outstanding warrants.

Inspection was no surprise to nursing home, Chicago Breaking News, September 1, 2010

Related Web Resources:
IIllinois Department of Family and Support Services

Illinois Attorney General

Related Blog Story:

Illinois Nursing Home Sweep Leads to Fugitive’s Arrest, Chicagonursinghomeabuselawyerblog.com, July 2, 2010

Continue reading " Chicago Nursing Home May Have Been “Tipped Off” About Surprise Inspection " »

A 78-year-old nursing home patient at Provena-Mercy Hospital in Aurora sustained stab wounds to her face, eye, and arm when she was stabbed by her roommate’s relatives. Police arrested the suspect, a 39-year-old man.

Our Chicago nursing home neglect lawyers want to remind you that your loved one may have grounds for a Chicago nursing home negligence lawsuit if he or she was assaulted while residing at or visiting an assisted living facility. The best way to determine whether you have grounds for a case is to explore your legal options.

Unfortunately, nursing homes can be dangerous places for patients. Many of them are too ill or frail to take care of themselves let alone fend off an attack. Assailants at assisted living facilities have included nursing home workers, fellow patients, guests of residents, or workers that are not employed by the facility but are doing work on the premise.

Assisted living facilities are supposed to take steps to prevent Chicago nursing home abuse, neglect, sexual crimes, and violent crimes from taking place. When failure to provide this duty of care occurs, it is the residents and their families that suffer.

Just recently, an Illinois wrongful death complaint was filed against group home operator The Graywood Foundation and ex-employees Daniel J. Clark and Christopher P. Oliver. Clark and Oliver are accused of punching and kicking 21-year-old Dustin T. Higgins and encouraging two other patients to assault him. Higgins, who was a developmentally disabled adult, died from a head injury on September 1, 2008.

Clark and Oliver are charged with first-degree murder. The two former residents that participated in the assault, Robert T. Gardner and Edward E. Flexter, have pleaded guilty to aggravated battery.

Elderly woman stabbed in her hospital room, Chicago Breaking New, September 1, 2010

Suit filed in Streator man's group home death, The Times, August 13, 2010

Related Web Resources:
Nursing Homes, Chicago Tribune

Nursing Home Overview, Medicare

The family of Dolores “Dee” Howorth is seeking Illinois wrongful death damages from ManorCare Health Services-Hinsdale. Howorth died in April 2009.

According to the Chicago nursing home neglect complaint, Howorth died from acute renal failure after having been dehydrated for 27 days and losing 16 in pounds in 12 days. She had been living at the assisted living facility for less than a month when she passed away.

The plaintiffs’ Chicago nursing home abuse lawyers claim that assisted living facility staff members used chemicals and a wheelchair lap restraint to improperly restrain Howorth for the sake of their own convenience. Within her first 48-hours at the long-term care facility, Howorth, who had Dementia, was given Ativan. Four days later she was given Seroquel, an anti-psychotic. Howorth’s family contends that the nursing home failed to make sure that she was properly hydrated and neglected to document changes in her medical condition.

Following an investigation in the wake of a complaint filed by Howorth’s family with the Illinois Department of Public Health in June, the department cited ManorCare of Hinsdale for violations involving nursing neglect, improper nursing care, improper physician care, and improper restraint. The report also notes that Howorth’s dramatic weight loss was not properly assessed or remedied.

Unreasonable Restraint
Chicago nursing homes are not allowed to restrain patients without proper cause. In many cases, the reason to restrain a patient is medical or necessary for the good of the patient. Nursing home workers are not allowed to restrain residents merely for their “convenience” or because they are sick of hearing them complain or don’t feel like watching them. Improper restraint can be grounds for a Chicago nursing home abuse and neglect lawsuit.

Hinsdale ManorCare faces wrongful death lawsuit, September 3, 2010

Hinsdale nursing home sued over resident's death, My Suburban Life, September 2, 2010

Related Web Resources:
The Illegal Use of Chemical Restraints in Illinois Nursing Homes, Chicago Bridge, April 25, 2010

Nursing Homes in Illinois

Related Chicago Nursing Home Abuse Blogs:
Advocacy Group Wants to Fight Illinois Nursing Home Abuse with Tougher Rules on the Use of Anti-Psychotic Drugs as Chemical Restraints, Chicagonursinghomeabuselawyerblog.com, January 8, 2010

Nursing Aide Ties 83-Year-Old Nursing Home Abuse Victim to a Chair Before Napping, Chicagonursinghomeabuselawyerblog.com, August 12, 2009