Chicago Nursing Home Abuse Lawyer Blog

The American Civil Liberties Union has filed court papers accusing for-profit assisted living facility operators in Illinois of employing scare tactics to convince psychiatric residents to stay at nursing homes instead of transferring to supportive community housing, which state authorities have pledged to provide for approximately 4,500 patients. The Illinois nursing homes are denying the allegations. They say that they are genuinely worried about whether the state will actually provide the housing and services that they’ve promised.

A proposed consent degree, which is waiting for a federal judge’s final approval, gives psychiatric patients the option of leaving their nursing home and moving into housing that is more appropriate for their needs. The community housing program will provide therapy, substance-abuse programs, life-skills training, job training, and other services. Interested patients would have to pass a screening before being allowed to enter the program. The ACLU became concerned when certain nursing homes, known as Institutions for Mental Disease, began circulating information sheets to patients and families claiming that the proposed decree may eliminate certain protections for residents that do choose to move out.

In recent months, there have been calls to provide better nursing care and protections for nursing home patients. Not only have some assisted living facilities become victims of Chicago nursing home abuse and violence perpetrated by felons and mentally ill residents, but there has been growing concern that nursing homes may not be the best place for giving psychiatric patients to get the proper care that they too need.

Our Chicago, Illinois nursing home neglect lawyers are appalled at how many people continue to suffer because of Cook County nursing home negligence. We work hard to obtain our clients’ financial recovery.

Nursing homes launch 'desperate attempt' to keep psychiatric patients, ACLU says, Chicago Tribune, July 21, 2010

Mentally Ill in Illinois Win Right to Community Care, Psychiatric News, April 16, 2010

Related Web Resources:
American Civil Liberties Union

Illinois Department of Public Health

New details in a whistleblower lawsuit accusing Chicago nursing home operators Philip and Morris Esformes of getting kickbacks from pharmaceutical company Omnicare Inc. were submitted in court documents last week. The latest filing is intended to support civil allegations that Omnicare inflated the purchase price it paid for a pharmacy company belonging to the father and son.

Allegedly, $16 million of the $32 million Omnicare paid for Total Pharmacy was a kickback to obtain long-term pharmacy contracts with close to 36 nursing homes owned by the Esformeses. It is against the law for pharmacies to pay nursing home owners to get them to use Medicare or Medicaid money to purchase its products.

According to the whistleblower case, Omnicare CEO Joel Gemunder offered $15 million for Total Pharmacy for three-year contracts with Esformes nursing homes (as well as $20 million for five-year contracts and $25 million for 10-year contracts). Omnicare allegedly ended up paying $25 million and allowed Total Pharmacy to keep $7 million in accounts receivables.

The latest documents included copies of handwritten notes from a March 2004 meeting between Gemunder and Morris Esformes, including notes that allegedly show Morris consenting to backdate nursing home pharmacy contracts. The Esformeses, who are part owners of at least 28 Florida and Illinois nursing homes, have denied any wrongdoing. The family owns a number of Chicago area nursing homes, including Burnham Healthcare and Presidential Pavilion.

The Esformeses have also been accused of involvement in a patient-brokering scam that sent nursing home residents to psychiatric hospitals for unnecessary treatment. They were not charged in relation to these allegations and denied that they did anything wrong.

Our Chicago nursing home abuse attorneys are committed to making sure that victims of Chicago nursing home neglect or abuse are compensated for the harm that they’ve suffered at the hands of a negligent assisted living facility. If you believe that your loved one is receiving improper medical care or being harmed or abused, there are ways to hold the parties responsible for Chicago nursing home negligence.

More details surface in nursing home case, Chicago Tribune, July 9, 2010

Chicago, Illinois Nursing Home Negligence?: Kickback Scam Links Convicted Doctor to Assisted Living Facility Operator, Chicago Nursing Home Abuse Lawyer, April 30, 2010

Mildred Ellefson, a 101-year-old nursing home patient has died. The elderly woman passed away less than two days after a car that crashed into the Palisade Manor nursing home struck her. An autopsy was conducted to determine whether she died from injuries she sustained during the nursing home accident or from other causes.

Police have charged the driver of the vehicle that struck Ellefson, 18-year-old Clarrissa Jean Kutil, with operating a vehicle without a license and careless driving. Kutil and two others were at the assisted living facility waiting for a friend who worked there to come out when Kutil decided to play a joke on her two companions, who were sitting on the 1994 Oldsmobile Cutlass’s trunk.

She reportedly meant to merely rev the engine of the car to startle the two males when she accidentally placed the car in reverse and stepped on the accelerator instead of the brake. The vehicle crashed through the brick hall of the nursing home, trapping Ellefson, between the wall and her bed. The 101-year-old nursing home patient was treated at a hospital before being released. She went back to the assisted living facility. The nursing home administrator had said that Ellefson sustained bruises and cuts from the car crash.

Nursing Home Negligence
Nursing homes are responsible for their patients’ well-being. When a resident gets hurt or dies while staying at an assisted living facility and workers at the nursing home caused or failed to prevent the injuries or death, the patients and his/her family may have grounds for a Chicago nursing home negligence claim.

101-year-old woman injured in nursing home accident dies, ArgusLeader, June 23, 2010

Woman, 101, dies after crash into SD nursing home, KTIV, June 23, 2010

Related Web Resources:
Nursing Home, Medicare.gov

Nursing Home Abuse Overview, Justia

Continue reading "101-Year-Old Resident Struck by Car in Nursing Home Accident Dies" »

This week is National Nursing Home Week. The theme for this year is Enriching Every Day. The week runs from May 9 - 16 and is for honoring those who add value to life at a nursing home, as well as to celebrate assisted living facilities and their residents.

In Cook County, Will County, Lake County, and DuPage County, our Chicago nursing home neglect and abuse lawyers would like to remind residents’ loved ones that not only is it important to inspect an assisted living facility prior to allowing your family member to live there, but it is also a good idea to visit your relative after he/she has moved in. In addition to spending quality time together, you can make sure that nursing home workers are providing the care and protection that your family member needs.

Signs that your loved one may be a victim of Chicago nursing home abuse or neglect:

• Sudden weight loss
• Bedsores
• Poor hygiene
• Heavy sedation or overmedication
• Severe depression or withdrawal
• Unwillingness of staff members to allow visitors
• Genital infections
• State of agitation or fearfulness
• State of disorientation
• Unsanitary living conditions
• Dehydration
• Malnutrition
• Soiled clothing or sheets

If your loved one or other residents complain about the care or treatment they are receiving at the nursing home, it is a good idea to take what they have to say seriously. It’s also important to observe the patient closely even if he/she doesn’t complain. Is the resident exhibiting any of the signs listed above? How does the patient react when interacting with staff members? How do the nursing home workers treat the patient?

National Nursing Home Week, American Health Care Association

Related Web Resources:
Tips When Visiting a Nursing Home, Ohioline.osu.edu

Tips on visiting friends and relatives, American Health Care Association (PDF)

Continue reading "National Nursing Home Week: Visit Your Loved One at a Chicago Assisted Living Facility " »

Over 30 Illinois nursing home patients from the Fountains III Independent and Assisted Living Center in Shiloh had to be transported to hospitals after they became afflicted with the a norovirus. The virus, which is easily transmittable and travels very fast, has been known to show up at US assisted living facilities.

The nursing home patients experienced vomiting, acute nausea, and diarrhea. According to BND.com, seven patients were taken to hospitals on Thursday and another 24 were treated at hospitals on Friday. A number of nursing home workers also became ill. A few of the patients stayed at the hospital so they could be observed further.

The Fountains III Independent and Assisted Living Center employs 30 workers and houses 63 nursing home patients. Following the outbreak of the norovirus, nursing home staff started cleaning and disinfecting the whole facility to make sure the virus is killed off. Patients who were afflicted will eat on paper products in their rooms and workers will have to wear masks and gloves when entering the bedrooms so that the virus doesn't spread further. Visitors will be notified about the virus.

Norovirus
In addition to diarrhea, frequent vomiting, and nausea, fever, chills, muscle aches, headaches, and tiredness are among the other symptoms of norovirus illness. Having norovirus can lead to the stomach flu, non-bacterial gastroenteritis, acute gastroenteritis, viral gastroenteritis, calicivirus infection, and food poisoning.

While most people with norovirus usually recover within a couple of days, special medical care may be required if dehydration results. Considering that the elderly and sick persons are among those at risk of suffering from dehydration-related norovirus complications, it is important that nursing homes make sure they take preventive action so that the virus doesn’t make its way into a facility. Otherwise, if a patients gets sick, the assisted living facility can be held liable for Illinois nursing home neglect.

Common ways that people get norovirus:

• Eating food contaminated with the virus
• Drinking contaminated liquids
• Directly touching someone who has norovirus
• Touching contaminated objects and surfaces and then putting their hands in the mouth

33 nursing home residents taken to hospitals; suffered nausea, vomiting, BND.com, March 26, 2010

What are Noroviruses?, CDC

Illness Hits 33 Patients At Illinois Nursing Home, Fox2now.com, March 26, 2010

Related Web Resource:
Illinois Department of Public Health

Continue reading "More than 30 Shiloh, Illinois Nursing Home Residents Become Afflicted with Flu-Like Virus" »

Choosing the right kind of senior housing for your loved one is a big step and one that requires a great deal of thought, due diligence, and in-person investigation. Not only do you want to make sure that the facility provides the services that your family member requires, but it is important to make sure that the premises are safe and that you don’t place your loved one at risk of becoming the victim of nursing home abuse or neglect.

Here is a brief description of different elderly residential alternatives you may want to consider:

Nursing Homes: Provide round-the-clock nursing care for seniors who can’t live independently. Medical services are provided and nursing home workers are trained to help residents with personal care needs and daily tasks.

Assisted Living: Residents who don’t necessarily require 24-hour care may still opt to live in a facility where there are staff members assigned to help them take care of certain daily tasks.

Adult Day Care: Provides a place for adults during the day. While at the facility, seniors can usually avail of nursing assistance, nutritional support, social activities, and rehabilitation services.

Continuing Care Retirement Communities: A group of residences for the elderly that may include nursing homes, assisted living facilities, and independent living residences.

Alzheimer’s Care Facilities: A facility that focuses on Alzheimer’s care and other diseases involving memory impairment.

Regardless of which facility you select, or whether you opt to bring a professional caregiver into your family member’s home, your loved one is entitled to the appropriate professional care and services. Medical errors, nursing home neglect, or nursing abuse can be grounds for an Illinois personal injury lawsuit against all liable parties.

Types of Senior Housing Facilities and Services, SeniorOutlook.com

Related Web Resources:
Nursing Homes in Illinois

Quarterly Reports of Illinois Nursing Home Violations

Continue reading "Knowing the Differences Between Illinois Nursing Homes, Assisted Living Facilities, and Other Senior Housing" »

The Associated Press says that out of all the US states, the state of Illinois has the most number of mentally ill patients under age 65 living in its nursing homes. In 2007, there were 12,736 mentally ill young adults and middle aged residents residing in Illinois nursing homes. One reason there are so many mental patients in Illinois long-term care facilities is because the state has closed down seven state-run mental hospitals since 1980. This only left 1,480 public hospital beds, which is why so many of these patients are now living in nursing homes.

However, placing younger, stronger mentally ill patients with elderly ones can sometimes lead to deadly results, especially if a younger patient is suffering from bipolar disorder, schizophrenia, or depression and the older resident is physically weaker. For example, in one fatal nursing home incident, a 77-year-old Alzheimer’s patient was murdered while in his nursing home bed when his roommate smashed his face with a clock radio. The man who killed him was a mentally ill patient who was 30 years younger than him.

In an Illinois nursing home sexual assault incident, a young adult patient with bipolar disorder was charged with raping a 69-year-old female nursing home resident. An investigation found that the Elgin nursing home knew about his violent history yet failed to properly supervise him.

Unfortunately, this continues to be a risk that older nursing home residents face when placed in homes with younger patients that are suffering from serious mental illnesses. 9% of the 1.4 million nursing home residents living in the US are middle age and younger mentally ill patients. Last year, there were close to 125,000 mentally ill patients younger than age 65 living in US long-term care facilities—that’s 41% more than in 2002. Yet the government is currently not keeping track of how many younger mentally ill patients have harmed elderly nursing home residents.

Illinois nursing homes are supposed to protect all of their residents from becoming the victims of violent crimes. They are also supposed to make sure that each of their residents get the proper, specific care that they need. Failure to do either can be grounds for an Illinois nursing home abuse or neglect lawsuit.

Ill. has most mentally ill in nursing homes, STLToday.com/Associated Press, March 19, 2009

Nursing home patients endangered by mentally ill, Daily Herald, March 19, 2009

Related Web Resource:
Nursing Homes in Illinois

Continue reading "Illinois Nursing Homes House More Mentally Ill Patients Under Age 65 than Long-Term Care Facilities in Other US States" »

Now that Medicaid and Medicare contractors and state inspectors have been designated as federal employees, they cannot give evidence when cases arise involving private litigation unless the Department of Health and Human Services has approved their participation. The Bush Administration issued this new ruling last September without consulting or notifying the public.

The rule was supposedly enacted, according to the old administration, so that workers would not be diverted from their certification, survey, and enforcement responsibilities. However, some 15,000 nursing care facilities and 3 million patients could be affected by the restrictions.

Litigants on both sides are now finding it even harder to resolve any nursing home abuse lawsuits. Both plaintiffs and defendants have to jump through even more hoops to obtain depositions, court orders, and inspection reports. This new rule also makes it harder for patients and their families to get information about the care that a resident might be getting at a US nursing home that is the recipient of federal assistance.

National Senior Citizens Law Center Attorney Eric Carlson, one of the rule’s critics, says that this allows nursing homes and inspectors to keep certain bad practices secret, which negatively affects residents and their families. For example, one woman whose parents, Clare and Mavis Knutson, are 2 of the 15 patients that six teenage nursing home assistants are accused of harassing and abusing at an Albert Lea nursing home, is having a tough time getting information about the care her parents received at the nursing home.

The nursing home industry also says it is being affected by this block in information. For example, American Health Care Association legal counsel Priscilla Shoemaker says that the industry is having a hard time finding out what state inspectors are doing to determine which nursing homes should be issued citations or penalties or should be shut down.

Now more than ever, it is important that you work with an experienced Chicago nursing home abuse lawyer who knows how to get the information you need so that you can successfully pursue your nursing home abuse lawsuit.

New Rule Enacted by Bush Administration Impedes Cases Against Nursing Homes, Washington Post, February 24, 2009

Related Web Resources:
Centers for Medicare and Medicaid Services

Nursing-home records closed off, The News & Observer, February 27, 2009

Continue reading "Nursing Home Lawsuits Are Harder to Pursue In the Wake of Bush Administration’s New Rule " »

Dementia, which most often occurs when a person is older, involves the loss of one’s mental abilities. Alzheimer’s disease is the most common type of dementia. Some signs that a person is beginning to suffer from dementia include memory loss, forgetfulness, getting lost while driving, having a difficult time doing complicated tasks, forgetting how to do a task, and becoming confused while talking to someone.

Eventually, a person afflicted with dementia may require the help of family members and friends to perform routine tasks. There also could come a time when a person with dementia will have to be moved to a US nursing home where he or she can get the necessary, specialized medical attention and care required to maintain a certain quality life. For example, a person with dementia may need the help of skilled nurses that know how to treat certain physical ailments or the support of nursing home workers that know what to do to prevent a person with dementia from falling.

Not only is it important for nursing homes that care for dementia patients to provide them with the proper medical care, but they must do what they can to keep them and other patients physically safe. For example, just last month, two nursing home patients with dementia became involved in a deadly altercation when WWE Hall of Famer and AWA legend Verne Gagne threw another patient, Helmut R. Guttman, onto the floor. Guttman died three days later. While Gagne is a suspect in Guttman’s nursing home death, he very likely was not aware of what he was doing and may not even remember what happened.

Nursing homes must also make sure that their workers are trained on how to care for patients with dementia so that they know what to do when a resident becomes anxious, angry, combative, or violent. Providing a specialized care plan for a patient with dementia can also help.

In the event that the nursing home neglect or abuse results in a nursing home patient with dementia getting hurt, injured, or dying, a Chicago nursing home abuse attorney can help you file a nursing home abuse claim or wrongful death lawsuit.

Dementia - and its dangers - overlooked, elder advocates say following Verne Gagne incident, TwinCities, February 21, 2009

AWA legend and WWE Hall of Famer Verne Gagne a suspect in roommate's death, Prowrestling.net, February 18, 2009

Related Web Resources:
Dealing with Dementia, NCPAMD.com

Dementia, Medline Plus

In a letter published in the Chicago Tribune, Terrence Sullivan, the Illinois Council of Long Term Care executive director, Pat Comstock, the Health Care Council of Illinois, and Dave Voepel, the Illinois Health Care Association Executive executive director, are warning readers that the financial crisis Illinois nursing homes are facing could place the well being of thousands of elderly nursing home residents at risk. A major reason for this problem, they say, is that nursing homes are being financially stretched as they wait for the state to pay them what they are owed.

Over 2/3rds of nursing home residents rely on Medicaid payments to pay for their care bills. Not only are the majority of nursing home just now getting the Medicaid payments for services they provided residents six months ago, but they may receive just one or two monthly payments in the next six months.

While nursing homes are used to waiting for their Medicaid payments, the current economic crisis is making it hard for them to get the short-term loans they usually rely on while they wait. Nursing homes are having a hard time paying their bills and paying their employees. A number of Illinois nursing home facilities are worried they will have to shut down their facilities, which could displace many elderly and sick residents and deny them the care that they need.

Illinois Nursing Home Facts:
• There are about 1,200 long-term care facilities in the state.
• Some 100,000 people reside in these nursing homes.
• The Illinois Department of Public Health regulates and inspects these facilities annually.
• The Department’s Bureau of Long-term Care is in charge of making sure each Illinois nursing home is in compliance with the state’s Nursing Home Care Act.

Nursing home abuse and nursing neglect continue to be a problem in a number of Illinois nursing homes.

Nursing homes facing economic crisis, Chicago Tribune, January 20, 2009

After he's gone, Chicago Tribune, January 9, 2009

Nursing Homes in Illinois

Related Web Resources:

Illinois Council of Long Term Care

Illinois Health Care Association

Continue reading "Illinois Nursing Homes’ Financial Woes May Threaten the Well Being of Thousands of Elderly Residents, Say Nursing Home Officials" »

The Centers for Medicare and Medicaid Services has introduced a 5-star rating system assessing almost 16,000 US nursing homes for the quality of care they provide. The rankings are based on a compilation of complaint investigations, inspection records, and quality measures. A lot of the information is from 2008.

Kerry Weems, the Acting Medicare Administrator, says the new rankings should hopefully push nursing homes to improve the quality of care that they provide. This will hopefully reduce the number of nursing home abuse and neglect incidents that occur in US care facilities.

In Illinois, 792 nursing homes were ranked by the CMS. While 82 Illinois nursing homes received 5 stars, 207 Illinois nursing homes received just 1 star. A 1 star is considered “much below average” and a 5 star is for “much above average.”

Nationally:

• 23% of US nursing homes were given 1 star for overall performance.
• Nursing homes connected to hospitals received higher rankings than nursing homes that do not have this association.
• 19% of non-profit nursing homes received 5-star rankings.
• Only 9% of for-profit nursing facilities received 5-stars.

Some Illinois nursing home operators say the CMS’s new rating system is unfair and deeply flawed, especially as Illinois nursing homes are upheld to higher standards than nursing homes in other US states. They are worried that this could cause local nursing homes to look worse than other nursing homes if they fail to uphold Illinois’s more rigorous standards.

Feds rate U.S. nursing homes, USA Today, December 18, 2008

17 area nursing homes get lowest ranking possible, BND.com, December 22, 2008

Related Web Resources:

Nursing Home Compare Site, Medicare

Nursing Homes: 10 Best States for Overall Staffing, US News and World Report, December 19, 2008

Continue reading "Illinois Nursing Homes Rated for Quality by the Centers for Medicare and Medicaid Services" »

Holiday shopping can be a challenging task when it comes to finding the right present for a loved one living in an Illinois nursing home. The Illinois Council on Long Term Care is offering a list of suggestions of gifts you can buy for that special relative or friend.

Suggestions include:

• A 2009 calendar listing upcoming birthdays and anniversaries
• Correspondence materials and stamps
• A lap desk for writing
• A phone book containing the contact information of family and friends
• A cardigan made with large buttons or other clothing that is easy to put on and take off
• A cell phone that has big buttons
• Shoes with rubber soles that are comfortable to wear and provide support
• Enclosed slippers
• CD’s of your loved one’s favorite tunes
• Clocks with large numbers and/or talking capabilities
• A CD player
• A DVD player
• DVD’s of your loved one’s favorite movies or tv shows
• A television
• A subscription to one of your loved one’s favorite magazine
• Books in large print
• A newspaper subscription
• Playing cards
• Chess game
• Bingo
• Board games
• Framed pictures of loved ones
• A thick blanket or shawl
• Perfume or other toiletries

Keep in mind that it is important to remain sensitive to your loved one’s particular needs and preferences when selecting his or her present. Some gifts are not appropriate for someone who is suffering from arthritis or diabetes.

Visiting your loved one at their Illinois nursing home during the holidays is also a great opportunity to make sure that they are receiving the care that they need at that they feel happy and safe. If you suspect that your loved one is the victim of nursing home abuse or nursing neglect, there are steps you can take to protect him or her.

Holiday Gift Ideas for Nursing Home Residentshttp://www.malmanlaw.com/, Nursing Home.org, December 4, 2008

Continue reading "Illinois Council on Long Term Health Offers Suggestions for Holiday Gifts to Give Illinois Nursing Home Residents " »