Chicago Nursing Home Abuse Lawyer Blog

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

The Chicago Tribune says that since 2001, some 2,900 Illinois nursing home patients have been affected by 1,200 violations involving psychotropic drugs. The newspaper reports that there are residents in nursing homes throughout the state are being administered psychotropic drugs without their consent and without just case. Side effects can include lethargy, drowsiness, tremors, confusion, seizures, involuntary muscle movement, a greater risk of being involved in fall accidents, and death.

The Tribune examined over 40,000 federal and state inspection reports. Although some patients benefited from taking psychotropic drugs, many patients taking the medications were not suffering from psychosis. In Illinois, 2/3rds of 742 Illinois nursing homes have been cited at least once since 2001 for psychotropic drug violations.

Also during this time period, over 600 nursing home residents were given psychotropic drugs without their permission even after many of the patients said they didn’t want the medication. Consent has also been sought, and given, by dementia patients who are unable to understand what they are agreeing to take. Over 200 assisted living patients who took psychotropic meds fell within hours of taking the drugs. A number of them broke their hips or other bones. Several of them died.

One nursing home reportedly gave a female patient psychotic medication because she wouldn’t wear a bra. At another nursing home, an 87-year-old man who was easily annoyed was given antipsychotic meds. The Tribune says 14 patients’ deaths can be linked to misuse of psychotropic drugs. There have even been instances when a patient is wrongly diagnosed as having a mental illness to justify giving the resident the medication.

Nursing Home Abuse
Giving patient medication to keep them quite or restrain them is Illinois nursing home abuse. It can also cause serious injury, health issues, or death. Many nursing home patients are already taking more than enough meds for whatever is ailing them. Adding a powerful psychotic drug to the mix when it isn’t necessary is dangerous.

Compromised Care: Psychotropic drugs given to nursing home patients without cause, Chicago Tribune

Newspaper Investigates Dangerous Mix Of Nursing Homes And Psychotropic Drugs, Kaiser Health News, October 28, 2009

Related Web Resources:
Nursing Homes in Illinois

Nursing Home Compare, Medicare.gov

Continue reading "Thousands of Illinois nursing home patients are being given dangerous, psychotropic drugs without cause, reports Chicago Tribune" »

We all make mistakes, even doctors from time to time and it's good to admit it when we make a mistake. In fact, a recent report on medical mistakes from the National Academy of Sciences' Institute of Medicine, concludes that 44,000 to 98,000 Americans die each year not from the medical conditions they checked in with, but from preventable medical errors. But when it comes to doctors, a recent study suggests they're more likely to say it's important in theory to disclose a medical error to patients than they are to actually 'fess up'.

Only 41 percent of physicians surveyed said they had actually disclosed a minor medical error they made, and just 5 percent said they had revealed a major error during their career. Moreover, 19 percent said they had made a minor medical error but not disclosed it; 4 percent said they had made a major error and not disclosed it. Apparently, most healthcare providers are taught that admitting mistakes when they occur and compensating patients reduces the funds available for patient care.

In another study, 98 percent of patients surveyed desired admission of even minor mistakes. Moreover, patients were more likely to consider a lawsuit if mistakes were not disclosed. In fact, for moderate mistakes, 12 percent of the patients surveyed would consider a lawsuit for disclosed mistakes; on the other hand, 20 percent of the patients would consider a lawsuit if mistakes were not disclosed but were discovered by the patient in another way.

The new Michael Moore movie "Sicko" exemplifies the failure of physicians to admit their mistakes. A physician testified before congress that that several years ago she refused a life saving operation for a child because the insurance company offered to send her to Hawaii in exchange for her denial of care. The child died but the insurance company saved thousands of dollars. She never informed the family of her actions and only testified after the time to file a lawsuit had expired.

This is another sad example of placing profits over people and this is the exact reason why you should pursue your legal rights whenever possible.

In the last three years there were 248,000 preventable hospital deaths in the United States. Interestingly, the most wrongful deaths due to hospital mistakes occur during the night shift. In fact, a study found that babies born late at night were 16 percent more likely to die than those born in the daytime. There are several reasons why hospitals are more dangerous at night.

First, nighttime surgery is usually emergent and there are only skeleton crews working. As a result, you are less likely to be treated by a specialist or top surgeon.

Second, fewer nurses and doctors means less experience. Since workers with seniority get the first choice of daytime positions, the night shift is often staffed with nurses, nursing assistants and lab technicians with little experience. In addition, usually less than conscientious workers find it easier to go unnoticed at night.

Finally, fatigue is a major contributor to night shift errors. Hospital staffers generally work long hours and fatigue tends to be worse at night. Researchers found that people who had worked 24-hour shifts had the equivalent performance level of someone legally intoxicated.

To best protect yourself, compare the hospitals in your area before you are admitted. In addition, you can prevent some hospital errors by asking certain questions, especially at night. Ask the name of your night nurse and insist on the same nurse caring for you throughout the night. Make note of any staffers that stand and express your concerns to him or her. Lastly, if you are uncomfortable with the care you are receiving, ask a relative or friend to spend the night with you.

In 2006, Chicago based A.D.R. Systems of America, LLC., resolved over 1,100 cases through the use of mediation and arbitration. Malman Law resolves 98% of all cases before trial with the help of this process. Many of the top personal injury lawyers in Chicago utilize mediation and arbitration to resolve cases. This is evidence that the aggressive use of mediation and arbitration to settle personal injury cases is growing rapidly. These are voluntary meetings agreed to by the parties, as opposed to those connected with the court system. The process is private and confidential.

I have successfully resolved many types of cases through the use of mediation and arbitration including, auto accidents, truck accidents, medical malpractice, nursing home neglect, construction accidents, slip and falls, accidental shootings, dog bites and other personal injury matters.

Mediation is a dispute resolution process where a neutral party, usually a retired Judge, helps to negotiate a settlement for a case. There is usually no live testimony at a mediation. The parties have total control over the outcome of the mediation and decisions are made after being informed of all information available. At a mediation the parties are not required to agree to a settlement, it is completely the parties own decision.

Arbitration is similar to a trial but is faster, less expensive and final. In an arbitration, the parties submit, usually to a retired Judge, all of the evidence to prove a case. This includes live testimony as well as written documentation. The Judge then renders a final binding decision. Sometimes, the decision can be controlled with a "high/low" agreement. This means that the parties can agree to the least amount that a party can recover and the most amount a party can recover. This allows for a range of expected recovery.

My many years of experience has taught me that the keys to alternative dispute resolution (A.D.R.) are preparation, patience and an open mind. I am always willing to listen to what someone has to say if it is in my client's best interest. See you out of court!