Disclaimer: The Law Offices of Steven J. Malman & Associates, PC does not represent the clients whose cases, settlements, and verdicts are discussed on this Blog site. Our Chicago injury law firm is reporting on current events. We are not using this Blog site to offer unsolicited legal advice.

April 27, 2011

Illinois Nursing Home Negligence?: Assisted Living Facility Where Suspicious Morphine Deaths Occurred in the Headlines Once More

Former nursing supervisor Penny Whitlock has been cleared of the charges of criminal negligence and obstructing justice. She was on trial for allegedly failing to intervene even though she suspected that nurse Marty Himebaugh was giving lethal morphine overdoses in 2006 that may have resulted in six patient deaths.

Authorities said that Whitlock let Himebaugh administer the heavy morphine doses to control residents who were troublesome or, in some cases, hurry their deaths. Yesterday, however, McHenry County Judge Joseph Condon dismissed the criminal neglect charge against Whitlock and today he found her not guilty of the obstruction of justice charge. Condon says that witnesses in the case gave conflicting testimonies and that he did not think the former nursing supervisor had “sinister” intentions when she got rid of patient medications. He also says there is no evidence that Whitlock tried to cover up anything.

Meantime, Himebaugh charged with improperly dispensing morphine and criminal neglect, is still awaiting her trial. Our Chicago Nursing Home Abuse Lawyer Blog has been covering the “Angel of Death” Illinois nursing home negligence case. Read one of our earlier blog posts for more information. We’d also like to remind you that even if the person accused of nursing home abuse or neglect isn’t charged and/or convicted in criminal court, your loved one might still be able to obtain compensation in criminal court for the harm he/she suffered.

Among those testifying was Ann Acevedo, who was the nursing supervisor at the assisted living facility that year. She says that Whitlock told her to destroy medication because the state police were coming.

Another nurse, Eleanore LaRocco, testified that hours before another resident died in April 2006, she saw Himebaugh leave that patient’s room. The latter had a bottle of morphine with her. LaRocco also says she overheard Whitlock tell Himebaugh that she didn’t have a problem with Himebaugh playing the role of "Angel of Death."

Supervisor cleared in nursing home deaths, Chicago Tribune, April 27, 2011

Nursing boss allegedly turned blind eye to ‘Angel of Death’, Chicago Sun-Times, April 20, 2011

Illinois “Angel of Death” Nursing Home Abuse Cases Leads to Two Wrongful Death Lawsuits, Chicago Nursing Home Abuse Lawyer Blog, October 7, 2008


Related Web Resources:
National Center on Elder Abuse

Morphine Overdose, Drugs.com

More Blog Posts:
Illinois Nursing Home Abuse Lawsuit Claims “Torture-Like” Punishment of Developmentally Disabled Resident Led to His Wrongful Death, Chicago Nursing Home Abuse Lawyer Blog, March 28, 2011

Nursing Home Negligence Allegations: Nine Nurses Charged in 175-Count Indictment, Chicago Nursing Home Abuse Lawyer Blog, October 19, 2010

Nursing Assistant Pleads Guilty to Sexually Assaulting Mentally Disabled Male Resident, Chicago Nursing Home Abuse Lawyer Blog, June 11, 2010

Continue reading "Illinois Nursing Home Negligence?: Assisted Living Facility Where Suspicious Morphine Deaths Occurred in the Headlines Once More " »

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April 20, 2011

Chicago Nursing Home Negligence Lawsuit Claims North Side Assisted Living Facility Didn’t Inform Children of Their Mother’s Death

The children of Lovera Staples are suing Ridgeview Nursing Home for emotional distress and Chicago nursing home negligence. They claim that the assisted living facility failed to notify them that their mother had been for four months. It wasn’t until after Staples’s daughter called to wish her a happy birthday that they were informed that she had passed away in May 2010.

According to the Chicago nursing home negligence complaint, a nursing home worker spoke to Mary Staples on the phone told her that no one by the name of Lovera Staples lived at the North Side facility. When Mary and her brothers Roy Staples and Sylvester Staples went to the nursing home two days later, an administrator told them that their mother had died at St. Frances Hospital. Staples’ children also found out that her body had been at the Cook County Medical Examiner’s office since May.

The next day, on September 14, 2010, the family set up funeral arrangements for Staples. That same day, without the family’s consent, the Cook County Department of Health buried her body. The nursing home is accused of authorizing the removal of Staples’s body from the morgue.

Staples had lived at Ridgeview Nursing Home for nearly 19 years. Because of her disabilities, she needed assistance to bathe, eat, and walk.

Chicago Nursing Home Negligence
Assisted living facilities are supposed to inform family members whenever there is a change in a resident’s medical condition. There are certainly supposed to tell them if their loved one has died.

If you or your loved one suffered physical or emotional injuries because an assisted living facility was negligent or failed to fulfill its care obligations to you and your family, you may have grounds for a Chicago nursing home negligence case.

Nursing home didn't tell family of mother's death, suit says, WLS AM, April 20, 2011

Related Web Resources:
Nursing Homes in Illinois, Illinois Department of Public Health
Illinois Nursing Home Care Act


More Blog Posts:
Illinois Nursing Home Abuse Lawsuit Claims “Torture-Like” Punishment of Developmentally Disabled Resident Led to His Wrongful Death, Chicago Nursing Home Abuse Lawyers Blog, March 28, 2011

Illinois Nursing Home Negligence Lawsuit Filed After Pulmonary Embolism Causes Patient’s Death, Chicago Nursing Home Abuse Lawyer Blog, March 8, 2011

Continue reading "Chicago Nursing Home Negligence Lawsuit Claims North Side Assisted Living Facility Didn’t Inform Children of Their Mother’s Death" »

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April 13, 2011

Chicago Nursing Home Neglect: Questions Surround More Fatalities at North Side Assisted Living Facility for Disabled Young Adults and Children

According to watchdog group Equip for Equality, at least five more deaths occurred at Alden Village North because of negligent nursing care. The group’s findings come after its members weeks spent at the assisted living facility examining documents, including medical records.

Equip for Equality says that about 20 Alden residents have died since 2008. That was the year that Floyd Schlossberg, who is the current nursing home operator, took over. The watchdog group said that they found 15 cases that they considered “troublesome.” Among those cases were five deaths that were “particularly egregious.” In the Chicago Tribune, Deborah Kennedy, the group’s abuse investigation director says that although its unclear whether Chicago nursing home neglect played a role in the deaths, negligent nursing care did contribute to the decline of the patients’ health.

Equip for Equity claims that the Chicago nursing home regularly got rid of evidence of medication mistakes, did not treat patients' illnesses correctly, disregarded lab results, and incorrectly investigated a number of nursing home deaths. One example of alleged negligent nursing care involved a 14-year-old girl who died in 2009. Her cause of death is listed as pneumonia. However, the watchdog group says that even though while she was still alive her lab results showed that she was experiencing “heavy growth” of Pseudomonas aeruginosa, there is no evidence in her medical records that she was given an antibiotic to treat the bacteria.

The North Side assisted living facility has been under close scrutiny since a Chicago Tribune investigation found that neglect and death were rampant at Alden. The Tribune had reported 8 deaths since 2008 that led to citations. The state of Illinois is in the process of trying to close the facility.

Alden is disputing Equip for Equity’s findings about the 5 deaths.

Chicago Nursing Home Neglect
Our Chicago nursing home abuse lawyers are appalled at the incidents of nursing home negligence that occur in many assisted living facilities. It is the patients who suffer. We are here to fight for our clients’ right to financial recovery from all responsible parties.

More deaths identified at North Side nursing facility for disabled kids, Chicago Tribune, March 28, 2011

More deaths reported at Alden nursing facility, WGNTV, March 29, 2011

Related Web Resources:
Alden Village North

Equip for Equality

Illinois Department of Public Health

Pseudomonas aeruginosa


More Blog Posts:
Chicago Nursing Home Negligence?: Tribune Reports at Least 13 Deaths in 10 Years at Alden Village North, Chicago Nursing Home Abuse Lawyer Blog, October 11, 2010

Illinois Nursing Home Abuse Lawsuit Claims “Torture-Like” Punishment of Developmentally Disabled Resident Led to His Wrongful Death, Chicago Nursing Home Abuse Lawyer Blog, March 28, 2011

Wrongful Death Lawsuit Claims that Illinois Nursing Home Neglect Led to Patient’s Bedsores, February 16, 2011


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March 28, 2011

Illinois Nursing Home Abuse Lawsuit Claims “Torture-Like” Punishment of Developmentally Disabled Resident Led to His Wrongful Death

The family of Paul McCann is suing Graywood Foundation for Illinois nursing home abuse and wrongful death. The not-for-profit organization, which runs a number of group homes in the state, has been under investigation for alleged nursing home neglect and abuse. McCann, 42, died last January after nursing home employees Keyun Newble, 25, and Marquis Harmon, 23, allegedly assaulted him. They are charged with first-degree murder.

McCann is the second Graywood assisted living facility resident to die amidst allegations of nursing home abuse over the last three years. Now, the Chicago Tribune is reporting that state officials knew about the alleged abuses as early as two years before McCann’s death.

In a 2009 memo, which the AP obtained with a Freedom of Information Act request, a state investigator called the conditions at the Graywood Foundation homes “totally unacceptable.” The memo was drafted nearly a year after two employees were charged with resident Dustin Higgins’ murder. Yet, according to the McCann family’s Illinois wrongful death lawyer, even after state investigators substantiated 18 allegations of nursing home neglect and abuse, the residents’ relatives were not notified about these problems.

The McCann family claims that Harmon and Newble punched and kicked him for 45 minutes as punishment because he allegedly stole food. McCann’s ribs were broken in 13 places and he died when fluid entered his lungs.

Nursing homes should be held liable for Chicago nursing home negligence if they fail to prevent abuse and neglect incidents from happen and a patient is injured as a result. Unfortunately, Chicago nursing home abuse continues to be a problem at a number of assisted living facilities and it is the residents who end up suffering.

Memo: Ill. knew of group home abuses before death, Chicago Tribune, March 27, 2011

Lawsuit: 'Torture-like' discipline led to death at group home, Daily Herald, February 10, 2011

Man beaten in local home, DenNews, January 27, 2011


Related Web Resources:
Nursing Homes in Illinois

Illinois Department of Public Health


More Blog Posts:
lllinois Nursing Home Negligence Lawsuit Filed After Pulmonary Embolism Causes Patient’s Death, Chicago Nursing Home Abuse Lawyer, March 8, 2011

Illinois Nursing Home Negligence Alleged in Death of Woman Who Developed Sepsis, Dehydration, and Hypoxia, Chicago Nursing Home Abuse Lawyer, February 8, 2011

Chicago Nursing Home Negligence Alleged in Cook County Wrongful Death Lawsuit Against Hinsdale Assisted Living Facility, Chicago Nursing Home Abuse Lawyer Blog, September 3, 2010


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March 23, 2011

Alleged Chicago Nursing Home Negligence Prompts Federal Authorities to Stop Giving Medicaid Funding to North Side Facility

Federal officials say that since Sunday, they are no longer providing Medicaid funding to the Wincrest Nursing Center. The decision comes after federal and state investigators documented incidents of patient violence, alcohol and drug abuse, and other serious issues. That these problems exist at an assisted living facility is Chicago nursing home neglect.

The North Side facility is an 80-bed nursing home that mainly houses mentally ill patients. It could chose to stay open while waiting for a new buyer or re-entrance to the Medicaid system, but because it gets nearly 99% percent of its revenue from the federal government, it will likely have to shut down. Despite the cessation of funding, Medicaid will still give the nursing home money for some patients until they are relocated or for up to 30 days.

Other problems that inspectors found at the Chicago nursing home:
• Patient wandering
Inadequate nursing care
• One resident went into the neighborhood and traded sexual favors for drugs.

While Wincrest has addressed some of the issues over the last several months, it has yet to resolve certain key problems. For example, some patients are still not getting the proper psychiatric services that they need.

In addition to actions taken by state and federal officials against a nursing home guilty of negligent nursing care, patients and their families may decide to sue for Chicago nursing home neglect especially if the inadequate nursing care, poor living conditions, and lack of supervision or security causes injuries or deaths.

Feds yank funding from North Side nursing home, Chicago Tribune, March 18, 2011

Federal government announces cut of Medicaid funds to Chicago nursing home, WQAD, March 19, 2011


Related Web Resources:
Nursing Homes, Medicare.gov

Chicago Nursing Homes


More Blog Posts:
Following Incidents of Chicago Nursing Home Abuse and Patient Violence, Somerset Place to Close by Friday, Chicago Nursing Home Abuse Lawyer Blog, March 11, 2010

Evanston, Illinois Nursing Home Company Ordered to Close Another Assisted Living Facility Because of Poor Patient Care, Chicago Nursing Home Abuse Lawyer Blog, March 21, 2010

Chicago Nursing Home Abuse Lawyers: Chronic Nursing Home Neglect at Facility Forces Residents to Seek Other Housing, Chicago Nursing Home Abuse Lawyer Blog, May 27, 2009

Continue reading "Alleged Chicago Nursing Home Negligence Prompts Federal Authorities to Stop Giving Medicaid Funding to North Side Facility" »

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March 17, 2011

Some Chicago Nursing Homes May Have at Least One Employee with a Criminal Record

According to The New York Times, a report issued by the US Department of Health and Human Services’s inspector general states that over 90% of nursing homes employ at least one worker that has been convicted of a crime—that’s 5% of all nursing home employees in the US. Does this mean that many assisted living facilities are not properly screening prospective employees? Our Chicago nursing home abuse lawyers want to know.

Inspector General Daniel R. Levinson says the department checked the names of over 35,000 nursing home workers against the Federal Bureau of Investigation’s criminal history records. He notes that nearly 50% of assisted living facilities have at least five employees with at least one conviction, including one nursing home where, out of 164 workers, 34 of them had been convicted of at least one crime. Most convictions involved burglary, property-related crimes, or drug offenses.

Currently, there is no federal law that requires nursing homes to check state and criminal history records. That said, Illinois is one of the states that does require criminal background checks of prospective employees and residents. Just this week, two employees were apprehended at Decatur Manor Healthcare following an unannounced compliance check under “Operation Guardian,” which is an initiative run by Illinois Attorney General Lisa Madigan’s office. The workers were apprehended because they had active and outstanding arrest warrants.

Since the initiative was announced early last year, there have been 27 unannounced checks and 38 arrests. Most of the arrests were residents with outstanding warrants.

It is important that assisted living facilities hire employees who are not at high risk of committing Chicago nursing home neglect our abuse. Many patients are too sick, frail, or vulnerable to take care of themselves—let alone protect themselves from sexual assault, physical assault, verbal, abuse, or emotional abuse.

Study Finds Criminal Pasts of Nursing Home Workers, The New York Times, March 2, 2011

Attorney general's office announces two arrests during nursing home sweep, Herald-Review, March 17, 2011


Related Web Resources:
How To Get Information About Your Nursing Home, Illinois Citizens for Better Care

Illinois Attorney General Lisa Madigan


More Blog Posts:
Illinois Nursing Home Negligence?: State Attorney General Lisa Madigan Files Injunction Order to Keep Elgin Assisted Living Facility Permanently Shut, Chicago Nursing Home Abuse Lawyer Blog, November 10, 2010

Felons Using Illinois Nursing Homes as Safe Houses, Says Attorney General Lisa Madigan,
Chicago Nursing Home Abuse Lawyer Blog, September 22, 2010

Fighting Illinois Nursing Home Negligence: Attorney General Lisa Madigan Says More Unannounced Spot-Checks of Assisted Living Facilities Planned, Chicago Nursing Home Abuse Lawyer Blog, February 25, 2010

Continue reading "Some Chicago Nursing Homes May Have at Least One Employee with a Criminal Record" »

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March 8, 2011

Illinois Nursing Home Negligence Lawsuit Filed After Pulmonary Embolism Causes Patient’s Death

The family of Alice E. Goodwin is suing Rosewood Care Center, Darrell Hoefling, Larry Vander Maten, and Dr. Brian O'Neill for Illinois nursing home negligence and wrongful death. Goodwin died on November 26, 2009 from a pulmonary embolism.

Goodwin had sought treatment at Rosewood Care Center in Swansea after she fractured her left hip. Unfortunately, was while at the Swansea assisted living facility, she developed deep vein thrombosis, which later affected her lungs.

Her husband, John, blames the assisted living facility and its owners, Hoefling and Maten, for failing to protect her from nursing neglect, not giving her the medical care that she needed, including round-the-clock care, failing to design a nursing plan customized to her needs, and not notifying her doctor in a timely manner that her condition had changed for the worse. He is accusing Dr. O’Neill of Illinois medical malpractice. John is seeking over $525,000 from the defendants.

Chicago Nursing Home Neglect
Negligent nursing care continues to cause serious health issues, injuries, and deaths in assisted living facilities throughout the US. Suing for Chicago nursing home neglect won’t bring your loved one back, but it can allow you to hold all responsible parties liable.

To give you a sense of how seriously the law treats incidents of nursing home neglect and abuse, recently, a jury ordered two nursing homes to pay the family of Charlotte Pauline Dean $9.5 million for her wrongful death. The 51-year-old woman died on January 19, 2006.

Dean, who suffered from cerebral palsy and had numerous infected pressure sores on her body, was receiving weekly medical care at Hutcheson Home Health Care. Country Crossing Assisted Living was the facility providing her with full-time care. Her family sued both facilities, contending that they only treated only one of her bedsores.

Blood clot not treated, says suit against Rosewood, Madison Record, March 8, 2011

Jury orders health care facilities to pay $9 million in wrongful death suit, AJC, March 6, 2011


Related Web Resources:
Bedsores, MayoClinic

Pulmonary Embolism, emedicine


Related Web Resources:
Wrongful Death Lawsuit Claims that Illinois Nursing Home Neglect Led to Patient’s Bedsores, Chicago Nursing Home Abuse Lawyer Blog, February 16, 2011

Illinois Nursing Home Negligence Alleged in Wrongful Death Lawsuit Over Patient Suffering from Spina Bifida, Chicago Nursing Home Abuse Lawyer Blog, January 18, 2011

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February 28, 2011

Chicago Nursing Home Violence: Resident Charged with Battering His Roommate

Owen Bauler, a 62-year-old man has been charged with battery and bodily harm for allegedly assaulting his roommate at a retirement community. The patient, 85-year-old David Adams, sustained cuts on his neck and face during the alleged incident of Chicago nursing home violence.

Adams contends at 3am on Thursday, Bauler started punching him after an argument over the TV. The alleged assault finally stopped when two nurses came in to separate the two men.

Witnesses have stepped forward to support Adams’s claim. Meantime, Bauler says it is he who was assaulted by Adams for no reason while he slept.

Patient Violence
Our Chicago nursing home abuse lawyers have been reporting about the issue of patient violence in assisted living facilities for some time. It is important that assisted living facilities think hard when assigning roommates. For example, some patients may suffer from mental issues that can cause them to turn violent. These residents should definitely be kept away from older, frailer patients who cannot defend themselves. It may even be necessary that they kept away from other patients in general unless they are properly supervised.

Unfortunately, there are residents who end up becoming victims of physical assault, sexual assault, or murder because of crimes committed in nursing homes by other residents. Although the state of Illinois has been trying to do a better job of initiating reforms to stop patient violence—unannounced inspections to check if there are any residents with outstanding arrest warrants is one example—there still continue to be incidents involving patient victims and resident assailants.

Man Batters Roommate In Nursing Home, NilesPatch, February 24, 2011


Related Web Resources:

Nursing Home Safety Task Force, Governor Pat Quinn

Nursing Homes, Lisa Madigan, Illinois Attorney General


More Blog Posts:

Felons Using Illinois Nursing Homes as Safe Houses, Says Attorney General Lisa Madigan, Chicago Nursing Home Abuse Lawyer Blog, September 22, 2010

Aurora, Illinois Nursing Home Violence: 78-Year-Old Female Patient Stabbed by Roommate’s Relative, Chicago Nursing Home Abuse Lawyer Blog, September 4, 2010

Following Chicago Nursing Home Patient Violence Incidents, Illinois Regulators Take Steps to Revoke Columbus Manor Residential Care Home’s License, Chicago Nursing Home Abuse Lawyer Blog, August 13, 2010

Continue reading "Chicago Nursing Home Violence: Resident Charged with Battering His Roommate" »

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February 25, 2011

Did Patient Wander?: Prospect Heights Nursing Home Resident is Fatally Struck in Cook County Car Crash

Prospect Heights police and the Illinois Department of Public Health are trying to determine how a 78-year-old nursing home resident ended up outside the assisted living facility he was staying. William H. Spears, who uses a walker, was fatally struck by an SUV on Tuesday night. Spears was pronounced at a Park Ridge hospital.

If investigators find out that the elderly resident wandered from the nursing home because of inadequate nursing supervision or any other acts of nursing home negligence, the assisted living facility may find itself the defendant of a Cook County nursing home neglect case. According to officials, the elderly senior was trying to cross the street at around 11pm when the Cook County pedestrian accident happened. Just minutes before the tragic incident, the occupants of another vehicle tried to help Spears, but he ignored their attempts.

The elderly resident had lived at Emeritus at Prospect Heights for seven years. The nursing home is also a living facility for more independent seniors.

Wandering/Elopement
Long-term care facilities know that certain patients are not able to leave the premise alone and without supervision and it is their job to prevent elopement or wandering incidents from happening. Wandering accidents have led to patients getting hit in Chicago car crashes, freezing to death in cold weather, or becoming victims of violent crimes.

Elderly man hit, killed by SUV outside nursing home, Chicago Tribune, February 23, 2011

Senior Fatally Struck Trying To Cross Euclid, Journal-Topics, February 23, 2011


Related Web Resources:
Dementia and Wandering, Skilled Nursing Facilities.org

Illinois Department of Public Health


More Chicago Nursing Home Abuse Lawyer Blog Posts:
Patient Missing from Chicago Nursing Home May Be Suffering from Dementia, Chicago Nursing Home Abuse Lawyer Blog, January 31, 2011

Chicago Nursing Homes Must Keep Patients Warm and Healthy During Winter Months, Chicago Nursing Home Abuse Lawyer Blog, December 24, 2010

Assisted Living Facility Found Guilty of Nursing Home Neglect in Patient’s Elopement Death, Chicago Nursing Home Abuse Lawyer Blog, May 13, 2010

Continue reading "Did Patient Wander?: Prospect Heights Nursing Home Resident is Fatally Struck in Cook County Car Crash " »

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February 16, 2011

Wrongful Death Lawsuit Claims that Illinois Nursing Home Neglect Led to Patient’s Bedsores

Beverly Dressel is seeking more than $2.55 million for her mother’s wrongful death. In her Illinois nursing home negligence lawsuit, she accuses Covenant Care Midwest, doing business as Cedar Ridge Health Care and Rehab Center in Lebanon, of committing a number of negligent acts while caring for Betty Dressel from October 1, 2008 until December 5, 2008.

Betty Dressel, who had Alzheimer’s, died on April 14, 2009 after developing nursing home pressure sores, sepsis, and infections. Beverly Dressel contends that her mother developed these health issues because of the negligent care she received from Covenant Care.

In her Illinois wrongful death lawsuit, she claims that nursing home staff did not diagnose her mother’s decubitus ulcers, failed to refer a wound care specialist, did not properly assess the woman’s health condition, and failed to recognize changes in her health in a timely manner. This alleged nursing negligence caused her to develop lesions on her buttock, back, feet, and leg. Just two months after admitting Betty to the Lebanon, Illinois nursing home, Beverly removed her from their care. She says that prior to dying, her mother experienced pain, suffering, and mental anguish because of the health complications she developed.

Bedsores:
Bedsores can occur on the body when there is humidity, friction, temperature, medication, continence, unrelieved pressure, and shearing forces. When diagnosed early, pressure sores can be treated. Delay in or failure to treat them, however, can result in health complications, infection, and/or death. Nursing homes are aware that pressure sores are a common problem, which is why workers should be trained in diagnosing, preventing, and treating them.


Daughter sues Lebanon nursing home over mother's death, The Record, February 9, 2011


Related Web Resources:
Bedsores, MayoClinic

How to Care: Pressure Sores


Related Blog Posts:
Schaumburg Woman Files Elk Grove Village Nursing Home Abuse Negligence Lawsuit, Chicago Nursing Home Abuse Lawyer Blog, November 17, 2010

llinois Nursing Home Neglect Lawsuit Claims Resident Died After Pressure Sores Were Not Treated, Chicago Nursing Home Abuse Lawyer Blog, August 3, 2010

Bed Sores A Problem in US Nursing Homes, Says the National Center for Health Statistics, Chicago Nursing Home Abuse Lawyer Blog, March 3, 2009

Continue reading "Wrongful Death Lawsuit Claims that Illinois Nursing Home Neglect Led to Patient’s Bedsores" »

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February 8, 2011

Illinois Nursing Home Negligence Alleged in Death of Woman Who Developed Sepsis, Dehydration, and Hypoxia

The estate of Doris I. Schaeperkoetter is suing long-term care facility The Lincoln Home for wrongful death. The lawsuit claims that Illinois nursing home negligence, including improper care, caused Schaeperkoetter to develop sepsis, dehydration, and hypoxia. Also named as a defendant in the Illinois nursing home neglect lawsuit is Weiss Management Group LLC, the assisted living facility’s owner.

Schaeperkoetter stayed at the long-term care facility from July 2008 through January 2010. The Illinois wrongful death complaint is seeking over $200,000 for medical costs and court costs.

Sepsis
Sepsis is a serious infection that can impact the entire body. Serious bedsores and sepsis can go hand in hand.

Unfortunately, sepsis is not uncommon in nursing homes and is a leading cause of fatality. Statistics show that 1/3 of patients with sepsis will likely die.

Early treatment of sepsis can make a huge difference on whether or not a patient will recover. Signs of sepsis include accelerated heart rate, rapid breathing, severe shaking, agitation, confusion, disorientation, decreased urination, dizziness, and skin rashes.

Hypoxia
Usually involves a lack of oxygen to parts of the he body. Hypoxia can be deadly. Signs of hypoxia may include dizziness, confusion, accelerated breathing, euphoria, cyanosis, and nausea. In some cases, the body may be receiving a lot of oxygen but can’t use it because of physiological issues.

Dehydration
It is important that a person is hydrated. Unfortunately, nursing home residents with health issue and weakened immune systems are ideal candidates for dehydration, which means that the body is taking in less water than what it is expelling.

Belleville nursing home named in wrongful death complaint, The Record, February 3, 2011


Related Web Resources:
Sepsis, emedicinehealth

Dehydration, NCBI


Related Blog Posts:
Chicago Nursing Home Negligence Alleged in Cook County Wrongful Death Lawsuit Against Hinsdale Assisted Living Facility, Chicago Nursing Home Abuse Lawyer Blog, September 3, 2010

Jury Awards $114 Million Nursing Home Abuse Verdict in 76-Year-Old’s Wrongful Death, Chicago Nursing Home Abuse Lawyer Blog, July 22, 2010

Illinois Nursing Home Neglect: Wrongful Death Lawsuit Seeks Damages for Woman’s Fatal Fall from 21 Defendants, Chicago Nursing Home Abuse Lawyer Blog, July 17, 2010

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January 31, 2011

Patient Missing from Chicago Nursing Home May Be Suffering from Dementia

Police are searching for a 79-year-old nursing home resident who failed to return to Alshore Nursing Home after leaving the premise with a man. Lidia Constantinesco walked out of the Chicago nursing home on Friday morning with a younger male companion that she identified to staff as her brother.

However, Constantinesco apparently doesn’t have a brother. She also may be suffering from dementia and is on prescribed medication for diabetes.

Chicago Nursing Home Negligence
Assisted living facilities are responsible for not only providing patients with the nursing care that they need, but also for protecting their physical safety. This means hiring nursing home staff who won’t commit Chicago nursing home abuse, neglect, or sexual assault, making sure the facility is properly maintained so that residents aren’t injured because of any safety hazards, fall ill because of unsanitary conditions or poor heating (or ventilation), become the victim of a violent crime because of inadequate security, or don't end up wandering off the premise without notice.

While it is important that a resident retain his/her right to come and go from a facility—some patients cannot do so without supervision because they may be suffering from some type of serious mental illness. If this is the case, it is definitely the job of nursing home staff to keep a patient from leaving a facility unless accompanied by staff, a trusted family member, or someone else who has permission to take the resident out.

Cops: Woman missing from N. Side nursing home may have dementia, Chicago Tribune, January 29, 2011

Related Web Resources:
Dementia and Alzheimer’s Care, HelpGuide

Nursing Homes, Chicago

Continue reading "Patient Missing from Chicago Nursing Home May Be Suffering from Dementia" »

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January 25, 2011

Illinois Nursing Home Negligence Alleged in Resident’s Fatal Trip and Fall

Illinois trip and fall accidents can cause serious physical injuries—especially if the person who falls is an elderly senior already suffering from health issues or who has brittle bones or a weakened immune system. Recently, a relative of Anastasia J. Hubert filed an Illinois nursing home negligence complaint blaming Cambridge House of O'Fallon and BMA Management for her wrongful death.

David Hubert claims that Anastasia died from pneumonia because her health failed after she fractured her spine when she tripped and fell over a telephone cord near a nurse’s desk. David Contends that the defendants were negligent for allowing there to be a cord in a walkway, not securing it with tape, and placing a phone in an area that allowed the cord to become a trip hazard. He is seeking over $200,000 in damages.

Illinois Nursing Home Negligence
While Chicago nursing home abuse and neglect are among the most serious types of acts of nursing home negligence, allowing a premise hazard to exist at a nursing can also cause injury victims to cry negligence on the assisted living facility’s part. It is a nursing home’s responsibility to make sure that there are no hazards on a property that could cause patients to get sick, hurt, or die.

When a trip and fall is cited as a cause of Illinois personal injury , there will likely be a number of issues that will have to be addressed, such as whether the hazard was easily seen or not, or if the plaintiff could have prevented or remedied the safety issue.

Assisted living center sued after resident trips on telephone wire, dies, The Record, January 19, 2011

Related Web Resources:
Elder Abuse in Nursing Homes , Nolo

Nursing Homes in Illinois

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January 18, 2011

Illinois Nursing Home Negligence Alleged in Wrongful Death Lawsuit Over Patient Suffering from Spina Bifida

The husband of 63-year-old Carol Harrison is suing Maple Ridge Care Centre for Illinois wrongful death and alleging nursing home negligence. Harrison died on August 1, 2009.

In his Illinois nursing home neglect lawsuit, Thomas Harrison says that delayed diagnosis of his wife’s deep vein thrombosis resulted in the amputation of her leg, which accelerated her death. Carol was admitted to Maple Ridge just two months earlier to help her get off a ventilator following a surgery that temporarily left her in a coma. According to Thomas’s Illinois nursing home neglect lawyer, if it hadn’t been for the health complications she suffered at the assisted living facility, the grandmother of three would have gone home.

It was just this October that the Lincoln nursing home settled a state fine related to the death of another patient. Keri Daugherty died in March 2009. Maple Ridge was initially fined $10,000 for failing to resuscitate the 32-year-old, per her wishes. The case against the Illinois assisted living facility was later settled for $6,500.

Daugherty, who had spina bifida, stayed at the assisted living facility for six months. Maple Ridge’s director of nursing reportedly opted not to perform cardiopulmonary resuscitation on her because she couldn’t stand to “break up” Daugherty’s body. According to mysuburbanlife.com, Brigit Dyer-Reynolds, a watchdog for nursing home residents, has expressed concern that Illinois nursing home neglect contributed to Daugherty’s blood infection, which proved fatal.

Illinois nursing home neglect can lead to infections, health complications, bedsores, malnutrition, dehydration, fall injuries, choking incidents, sepsis, clogged breathing tubes, medication mistakes, wandering accidents, and death. You should explore your legal options to determine whether you have grounds for a Chicago nursing home abuse or neglect case.

Lincoln nursing home sued over care of resident, MySuburbanLife, January 13, 2011


Related Web Resources:
Illinois Department of Public Health

Elder Abuse and Neglect, HelpGuide

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January 11, 2011

Preventing Illinois Nursing Home Abuse: Panel Considers Expanding Background Checks for Workers at Facilities for Developmentally Disabled

Last week, a state panel spoke strongly in favor of expanding the background checks for employees who work at Illinois nursing facilities for the developmentally disabled. Currently, while the 300 facilities that offer this type of care in Illinois are required to conduct background checks for prospective employees, only long-term care facilities for disabled children have to check with the Illinois Department of Children and Family Services to determine whether a job candidate had ever received citations for child abuse.

However, under new legislation being prepared by the panel, long-term care facilities for developmentally disabled adults would also have to conduct the check for past child abuse citations. The Chicago Tribune is reporting that a number of state officials have already said that not only do they support this added background check, but also that they see benefits to mandating it for all care facilities, including nursing homes for the elderly.

The panel, which is made up of two dozen advocates, state officials, and industry representatives, is looking at a number of reforms, including imposing stiff fines on a nursing home that contributed to causing a patient’s death, limiting admissions at beleaguered care facilities, and classifying certain violations, such as failure to tell the state about serious incidents and not maintaining death reports, as “high risk” citations. Last year, the Chicago Tribune reported that the deaths of least 13 young adults and children at Alden Village North (and its predecessors) had involved circumstances or conditions that constituted violations.

Not only is it important that nursing home workers have the training and experience to properly do their job, but also, they must actually provide patients with needed nursing and medical care. They also must not commit any acts of Chicago nursing home abuse or neglect.

New background check proposed for employees at facilities for disabled, Chicago Tribune, January 4, 2011

Chicago Nursing Home Negligence?: Tribune Reports at Least 13 Deaths in 10 Years at Alden Village North, Chicago Nursing Home Abuse Lawyer Blog, October 11, 2010


Related Web Resources:
Illinois Department of Children and Family Services

Nursing Homes in Illinois

Continue reading "Preventing Illinois Nursing Home Abuse: Panel Considers Expanding Background Checks for Workers at Facilities for Developmentally Disabled " »

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December 24, 2010

Chicago Nursing Homes Must Keep Patients Warm and Healthy During Winter Months

Winter in Illinois can be hazardous to the sick and elderly, which is why our Chicago nursing home abuse law firm want to remind you of how important it is for assisted living facilities to make sure that they keep patients as warm and healthy as possible. Otherwise, cold temperatures coupled with negligent nursing care can prove fatal for residents.

Steps that Chicago assisted living facilities can take to protect their patients from the cold weather:

• Make sure facilities have sufficent heating.
• Secure entrances and exits so that patients don’t wander off the grounds unattended.
• Pay extra attention to residents that are at risk of wandering.
• Remove Chicago slip and fall snow and ice hazards from the nursing home grounds
• Make sure that patients are well fed and wearing warm clothing
• Keep extra food, water, and medications on the grounds in the event that a heavy snow storm makes it impossible to get more supplies.

Hypothermia
Hypothermia, which involves the untended lowering of the body temperature, can occur during very cold temperatures. It is a health emergency that requires immediate medical attention. The elderly and those with health issues are among those at greatest risk of developing hypothermia. Health conditions that can increase a patient’s hypothermia risk include cardiovascular disease, diabetes, fall injuries, fractures, dementia, mental illness, and being under certain medications.

Wandering/Elopement
For a nursing home resident, especially one who is very ill or suffering from some type of mental illness, to wander from a facility is dangerous during any time of the year can be dangerous. He or she may become the victim of a Chicago car accident, a violent crime, or a fatal fall. However, getting lost in the snow when the temperature is extremely low can prove fatal for the resident, who may end up freezing to death.

Nursing home patients are also susceptible to flu, the cold, a cough, pneumonia, and other illnesses during the winter months. Unlike persons with strong immune systems, such sicknesses can prove detrimental to their health and result in infection and health complications. Now, more than ever, nursing home staff must carefully monitor their patients’ health.

Winter Safety Measures, Wisconsin.gov

Preparation is key for winter woes, Sun-Times, December 22, 2010


Related Web Resources:
Chicago Nursing Homes, The City of Chicago

How to Prevent Wandering at a Senior Care Facility, Caring.com

Continue reading "Chicago Nursing Homes Must Keep Patients Warm and Healthy During Winter Months" »

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December 3, 2010

Norovirus Afflicts At Least 129 People in Three Illinois Nursing Homes

At least 129 people recently fell ill with the norovirus at three Northern Illinois nursing homes. At least six nursing home resident required hospital care. Unfortunately, noroviruses have been known to occur at long-term care facilities. Their close quarter environment and the fact that many nursing home residents already have weakened immune systems make it easy for the virus to spread. There are steps that nursing home workers can take to prevent the spread of the norovirus. Failure to provide patients with a safe, clean, and sanitary environment can be grounds for a Chicago nursing home negligence case if illness, injury or death results.

A person can become afflicted with a norovirus, which causes gastroenteritis and usually results in fever, diarrhea, and abdominal cramps, eating contaminated foods or drinks, touching objects or surfaces that are already contaminated, or having direct contact with someone suffering from the illness.

Steps that Illinois nursing home workers can take to prevent catching or spreading the norovirus:

• Use a household bleach solution to clean and disinfect surfaces.
• Wash hands with soapy warm water after changing diapers, using the bathroom, prior to preparing food, or when leaving or entering a resident’s room.
• Isolate residents with the norovirus so that they don’t spread the illness to others.
• Temporarily suspend group activities that would require sick residents and nursing home patients who are well to interact with each other.
• Make sure that nursing home staff that have been afflicted with a norovirus are not allowed back to work until their symptoms have been gone for two to three days.
• Don’t assign the same nursing home staffers to both the group of patients who have the norovirus and the group of patient’s that don’t have the virus.
• Make sure that staff use disposable gloves and masks when taking care of patients with the norovirus.
• Ensure that nursing home workers wash their hands any time they leave or enter a patient’s room.

If you believe that your loved one fell ill at an Illinois nursing home because of negligent nursing care or service, do not hesitate to contact our Chicago nursing home neglect lawyers.

Norovirus sickens 129 in Illinois nursing homes, Chicago Tribune, November 24, 2010

Norovirus Outbreak at Illinois Nursing Homes Sickens More Than 100, NewsInferno, November 29, 2010

Guidelines for the Control of a Suspected or Confirmed Outbreak of Viral Gastroenteritis in a Nursing Home, Michigan.gov (PDF)


Related Web Resources:
Norovirus, CDC

Nursing homes in Illinois

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November 23, 2010

Nursing Home Neglect Leads to $42.7 Million Wrongful Death Verdict

A jury has awarded the family of Joseph Clint Offutt $42.7 million for his wrongful death by nursing home neglect. The 92-year-old had been living at Harborside of Madisonville just nine days when he died in 2008.

Offutt’s relatives contend that because nursing home staff was negligent in the care that they provided him, he ended up developing bedsores, suffering from malnutrition, dehydration, and infection, and eventually death.

Of the $42.7 million wrongful death award, $40 million is for punitive damages, $1 million is for Offutt’s pain and suffering, and $1.75 million is for the loss suffered by his widow Pearline.

In other recent nursing home news, a jury ordered Friendship Manor Care Center to pay $491,747 for Wilbur Jackson’s wrongful death. The 89-year-old had been at the nursing home for just 17 days of what should have been a short-term stay when one of the wheels of the gurney he was being transported in dropped into a crack in a walkway and overturned. His head struck the pavement during the fall accident and he never woke up again.

Following Jackson’s death, the federal government fined Friendship Manor $3,250. The nursing home has a history of violations. In 2008, the assisted living facility was fined $112,650 after an 89-year-old female patient died. Prior to her passing, her legs had to be amputated because of gangrene. The case with the federal government was settled for $75,379. In 2005, Friendship Manor employee Lesley Polek was convicted of sexually abusing patients.

Chicago Nursing Home Neglect
Negligent nursing care has been the cause of death one too many nursing home patients. If you believe your loved one died because an assisted living facility was reckless or careless in any way, you may be able to obtain Chicago, Illinois nursing home negligence recovery by filing a claim or lawsuit.

Family awarded $42.75 million in nursing home case, Kentucky.com, November 19, 2010

Jury: Grinnell nursing home must pay $491,747 in man's death, DesMoines Register, November 23, 2010

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November 17, 2010

Schaumburg Woman Files Elk Grove Village Nursing Home Abuse Negligence Lawsuit

A 77-year-old woman is suing ManorCare at Elk Grove Village, St. Alexius Medical Center in Hoffman Estates, and their respective companies for Cook County personal injury. Margaret Mock is alleging Illinois nursing home negligence and negligent medical care.

Mock was injured during a fall accident while staying at the Elk Grove Village assisted living facility to recover from hip surgery. She broke her leg in two places while a nursing home worker was moving her from her bed to a wheelchair.

Because of her weakened state, Mock was unable to undergo surgery for her leg and had to stay at the nursing home for five months. In her Cook County nursing home neglect complaint, Mock contends that the assisted living facility employee’s failure to exercise caution when transferring her to the wheelchair was a violation of the Nursing Home Act.

Mock is also suing Alexius Medical Center because she developed a pressure sore while staying there. She contends that the hospital should have acted to prevent the bedsore from developing.

Mock is seeking over $50,000 plus court costs.

Fall Injuries and Bedsores
Nursing homes and hospitals know that patients recovering from hip surgery are at risk of falling and developing bedsores. There is no reason why there shouldn’t be procedures in place (that are followed) to prevent fall accidents from happening and pressure sores from appearing on the skin.

Common causes of nursing home falls:
• Muscle weakness
• Hip injuries
• Slip and fall
• Medication
• Negligence on the part of nursing home workers
• Lift mechanism malfunctions

Common causes of bedsores:
• Not checking patient for pressure sores
• Failure to frequently and regularly turn immobile patients in their beds
• Improper hygiene
• Malnutrition
• Incontinence
• Dehydration

For an elderly or sick person, a fall injury or a decubitus ulcer can lead to serious complications and even death. If nursing home workers exercise the care necessary, both types of injuries are preventable.


Schaumburg woman sues nursing home after fall, November 17, 2010


Related Web Resources:
Bedsores, MayoClinic

Falls in Nursing Homes, CDC

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November 10, 2010

Illinois Nursing Home Negligence?: State Attorney General Lisa Madigan Files Injunction Order to Keep Elgin Assisted Living Facility Permanently Shut

In Illinois, Attorney General Lisa Madigan has filed an injunction against the owners of the Bowes Retirement Center to prevent Angel & Bell Corporation from running any more unlicensed nursing homes. The action also permanently enjoins the assisted living facility from reopening.

The injunction comes after the Illinois Department of Public Health discovered numerous safety and health violations that forced the owners to shut down the Elgin nursing home. The state inspectors found that the retirement home was providing patients with advanced nursing care, including assistance with bathing, feeding, and medications, even though it lacked the appropriate nursing home license, medical requirements, and training to provide such services. Madigan noted that by providing residents with such complex medical care without fulfilling all requirements, the retirement home, which had been promoted as a home for independent adults, was acting in a “dangerous and irresponsible” manner.

Our Chicago nursing home abuse and neglect law firm would like to remind you that a nursing home that fails to provide the proper nursing care can be held liable for Illinois nursing home negligence if a patient gets hurt, suffers health complications, or dies as a result. Over the last couple of years, Bowes had been plagued by allegations of Illinois nursing neglect, abuse, unsanitary conditions, including numerous safety and nursing care concerns that were raised following inspections that took place in May and October 2009.

Nursing Home Negligence
Nursing home workers must have the proper training to do their job. An assisted living facility must also fulfill certain requirements in order to be licensed as a home that is qualified to provide patients with the appropriate care. Whether a patient receives good, experienced nursing attention or poor nursing care can make all the difference to a patient’s health and well-being.

Attorney General Madigan Files Injunction Order to Keep Chicago Area Retirement Center Closed For Good, eNewParkForest, November 10, 2010
State lawsuit vs. Bowes owners near end, Courier-News, November 5, 2010


Related Web Resources:
Illinois Attorney General Home Page

Nursing Homes in Illinois

Continue reading "Illinois Nursing Home Negligence?: State Attorney General Lisa Madigan Files Injunction Order to Keep Elgin Assisted Living Facility Permanently Shut " »

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November 5, 2010

Woman Files Illinois Nursing Home Negligence Lawsuit Claiming Assisted Living Facility Staff Fractured Her Leg

A nursing home patient is suing The Lincoln Home Inc. and Weiss Management for Illinois nursing home negligence. Lillie Avant, who is accusing the defendants of over 20 negligent acts and violating the Illinois Nursing Home Care Act, is seeking over $50,000 from the defendants.

Avant claims that on the morning of May 31, her leg broke when nursing home staff tried to turn and reposition her on the bed. At least three workers allegedly saw her grab her leg and cry out while hearing the loud popping sounds of her femur and knee fracturing.

Avant contends that even though she exhibited symptoms of having broken her bones and complained of experiencing serious pain, no one told her doctor or attorney about what happened. It wasn’t until late in the evening that an order for x-rays was placed. The following morning, Avant refused to undergo kidney dialysis treatment because she was hurting so much.

On the night of June 1, Avant was transported to Memorial Hospital where she was treated for multiple knee and leg fractures. She claims that a nursing home representative went into her room while she was heavily medicated to get her to sign a statement regarding the incident.

Avant is requesting a jury trial.

Negligent Nursing Care
Nursing homes can be held liable for negligent nursing care. People are at nursing homes because they need specific, and in many cases, constant nursing care. It is an assisted living facility’s job to provide this proper nursing care.

Staff must be trained to do their jobs correctly. Patients must be closely monitored. Care plans must be followed. Injuries and illnesses must be tended to immediately. Residents must be protected from Chicago nursing home abuse, neglect, and patient violence.

Nursing home resident alleges staff failed to do anything about her broken leg, The Record, October 28, 2010

Illinois Nursing Home Care Act


Related Web Resources:
Nursing Homes in Illinois

Nursing Homes, Medicare

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October 27, 2010

Preventing Chicago Nursing Home Negligence: Sepsis Can Cause Long-Term Cognitive or Physical Problems for the Elderly, Says Study

According to a study published in The Journal of the American Medical Association this week, sepsis can cause some elderly persons to develop long-term physical and cognitive issues. The findings are from an analysis of data from 1,194 elderly hospital patients suffering from sepsis and 4,517 elderly hospital patients who did not have the infection. Data from up to eight years after hospitalization was included.

Common Causes of Sepsis:
• Forced bed rest
• Insufficient regular activity
• Failure to reposition patient in bed
• Use of physical restraints
• Unsanitary conditions
• Slip and fall wounds
• Lack of mobility
• Wounds from Chicago nursing home abuse or neglect

Researchers determined that patients with sepsis had a threefold greater chance of developing cognitive issues. They were also more likely to develop at least one new physical limitation after they were hospitalized.

Sepsis is an infection that can take over the body. Antibiotics and life support must be provided as soon as possible or the patient can develop organ failure or even die. While it isn’t uncommon for elderly persons to suffer long-term effects from a hospital stay, developing sepsis can make a patient’s condition grow worse.

Also, the study’s authors say that sepsis in seniors, age 65 and older, and can cause about 20,000 new dementia cases each year.

Unfortunately, with their weakened immune systems, many elderly and sick nursing home patients are susceptible to developing sepsis unless they receive the proper nursing and medical care. Failure to provide that care can be grounds for a Chicago nursing home negligence lawsuit.

Sepsis in elderly individuals can have lasting impact, Chicago Tribune, October 26, 2010

Severe Sepsis Associated With Development of Cognitive, Functional Disability in Older Patients, DocGuide.com, October 26, 2010


Related Web Resources:
The Journal of the American Medical Association

Sepsis, National Institute of Health

Nursing Homes in Illinois

Continue reading "Preventing Chicago Nursing Home Negligence: Sepsis Can Cause Long-Term Cognitive or Physical Problems for the Elderly, Says Study" »

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October 19, 2010

Nursing Home Negligence Allegations: Nine Nurses Charged in 175-Count Indictment

Seeking to protect an incapacitated nursing home resident’s identity, a judge has ruled against allowing defense attorneys to release portions of surveillance tapes that show the patient being subjected to nursing home neglect at the Northwoods Rehabilitation and Extended Care Facility. The nursing home negligence allegations were made against nine aides and nurses that were named in a 175-count indictment last month. They are accused of endangering the welfare of an incompetent or physically disabled person, falsifying business records, and willful violations of health laws. Five other nurses that were also accused of nursing home neglect have reached plea agreements and settled the criminal cases against them.

In March and April last year, investigators set up a hidden camera in the resident’s room. During a six week period, what was captured on tape led to the arrests of the 14 nurses and aides on numerous misdemeanor and felony counts over the failure to properly care for the patient. The nursing staff are accused of failing to treat the resident’s bedsores, failure to administer medications, failing to change the patient’s undergarments for long periods, and not checking whether the resident was suffering from incontinence. The patient is no longer residing at the nursing home.

It was just last year that Northwoods Rehabilitation and Extended Care Facility was under investigation following an alleged incident of sexual abuse involving an elderly patient as the victim. Robert Gunderson, a certified nurse aid who worked at the facility (as well as others in the area), was accused of touching the vaginal and breast areas of a 78-year-old physically helpless patient.

Chicago Nursing Home Negligence
Failing to properly care for an assisted living resident can be grounds for Chicago nursing home neglect. Providing the patient with inadequate nursing care, the wrong type of medical care, and/or failing to take care of the residents’ medical and other needs can cause serious injuries, illness, and/or death.

Judge: Don't release Northwoods tapes, Times Union, October 15, 2010

14 Nurses, Aides Charged In Nursing Home Abuse, North Country Gazette, September 23, 2010


Related Web Resources:
National Center on Elder Abuse

Elder Abuse and Neglect, HelpGuide.org

Continue reading "Nursing Home Negligence Allegations: Nine Nurses Charged in 175-Count Indictment" »

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October 11, 2010

Chicago Nursing Home Negligence?: Tribune Reports at Least 13 Deaths in 10 Years at Alden Village North

The Chicago Tribune recently published a story reporting that there have been at least 13 nursing home deaths in the last 10 years at Alden Village North, an assisted living facility for babies, children, and young adults. Chicago nursing home neglect is a suspected factor in all of the fatalities.

Among The At Least 13 Deaths:
Brian Marrero, age 2: The toddler died on June 9, 2000 from asphyxiation and because his tracheotomy tube had become dislodged. According to records, Marrero should have been monitored every 2 hours but had not been checked for 3 ½ hours—even though he had a history of pulling out the tube.

Demetri Franklin, 10-months: He died from pulmonary hemorrhage on November 15, 2004. Franklin, who suffered from left vocal cord paralysis and bronchopulmonary disease, was rushed to the hospital after he stopped breathing. His mother, Ashley Seawood has said that the nursing home has never explained to her how her son died.

Kyle Pryor, 24: He died on July 19, 2004 after going into respiratory and cardiac arrested. Pryor suffered from asthma and mental disabilities. His mother, La Vern Pryor, says that she had become concerned about the care he was getting at the Chicago nursing home. She says that when she would visit her son, he would be wet, dirty, and have food crumbs in his wheelchair. Pryor’s death is one of several fatalities that, per the state of Illinois, the assisted living facility has allegedly failed to fully investigate.

The state has already fined Alden over $100,000. Failure to monitor, nursing neglect, and medical neglect are some of the allegations against the assisted living facility.

It is Chicago nursing home neglect to not provide a patient with the nursing care that he/she needs and to fail to act to prevent injury, illness, or death.

Examples of Chicago nursing home neglect:
• Inadequate monitoring
• Failure to supervise
• Failure to bathe patients
• Failure to notify doctors of changes in a patient’s health
• Failure to make sure patient isn’t dehydrated
• Failure to follow patient’s feeding plan
• Failure to give patient his/her scheduled medication
• Improper restraint
• Medical neglect

10 years, 13 deaths, The Chicago Tribune

Trib Details Horrific Conditions at Alden Village North, Chicagoist, October 10, 2010

Related Web Resources:
Alden Village North

Illinois Department of Public Health

Continue reading "Chicago Nursing Home Negligence?: Tribune Reports at Least 13 Deaths in 10 Years at Alden Village North " »

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October 7, 2010

Chicago Federal Judge Approves Pact Allowing Mentally Ill Patients to Move From Nursing Homes to Community Settings

U.S. District Judge William Hart, a Chicago federal judge, has approved an agreement that will allow thousands of mentally ill persons residing in Illinois nursing homes to transfer to community settings. He signed the 24-page order last week.

Now, steps can be taken so that officials will be able to offer approximately 4,300 mentally nursing home residents the chance to move out of assisted living facilities called institutions for mental diseases (IMDs) and into less expensive housing that will be better able to serve their needs.

The judge’s ruling is the final approval to a consent decree reached between a class of mentally ill nursing home patients and state authorities. The patients had filed a lawsuit claiming that federal law was being violated because they were not being placed in housing appropriate for their disabilities.

The chances could also prove beneficial to residents that are not mentally ill. Many mentally ill residents tend to be younger and physically stronger than the older, frailer residents that they reside with. There have been a disturbing number of incidents reported involving younger residents assaulting, molesting, or murdering other patients. Also, there are a significant number of mentally ill residents with felony records living in Illinois nursing homes.

Per the settlement, each IMD resident will be offered an evaluation to determine whether transferring to a less restrictive living environment would be to their benefit. Residents have the option of staying put at their current nursing home. For mentally ill patients that decide to avail of supportive housing, which will include group homes and subsidized apartments, substance-abuse programs, therapy, job and life-skills training, and case management will be offered to them.

If you think that your loved one may be a victim of Chicago nursing home violence, nursing home neglect, or nursing home abuse, contact our Chicago nursing home neglect law firm today.

Pact to decrease number of mentally ill in nursing homes, Chicago Tribune, September 30, 2010

Judge Approves Historic Agreement to Better Serve Individuals With Mental Illness in Illinois, ACLU Illinois/PR Newswire, September 30, 2010

Related Web Resources:
Williams v. Quinn Fact Sheet (PDF)

National Alliance on Mental Illness

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September 30, 2010

Chicago Nursing Home Negligence Lawsuit: Mentally Ill Resident May Have impregnated Patient Suffering from Schizophrenia

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

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September 27, 2010

Father and Son Accused of Chicago Elder Financial Abuse of Mentally Disabled Victim

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

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September 22, 2010

Felons Using Illinois Nursing Homes as Safe Houses, Says Attorney General Lisa Madigan

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

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September 15, 2010

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

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" »

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September 9, 2010

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

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" »

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September 7, 2010

Chicago Nursing Home May Have Been “Tipped Off” About Surprise Inspection

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" »

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September 4, 2010

Aurora, Illinois Nursing Home Violence: 78-Year-Old Female Patient Stabbed by Roommate’s Relative

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

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September 3, 2010

Chicago Nursing Home Negligence Alleged in Cook County Wrongful Death Lawsuit Against Hinsdale Assisted Living Facility

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

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August 30, 2010

Nursing Home Did Not Report Alleged Sexual Assault Crimes Against 88-Year-Old Resident

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

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August 27, 2010

Nursing Home Abuse: Six Arrested for Greasing Dementia Patients with Cream as Prank

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

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August 24, 2010

Advocates Protesting Outside Crestwood Terrace Allege Chicago Nursing Home Neglect

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" »

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August 23, 2010

Maryville Nursing Home Accused of Illinois Nursing Home Negligence in Man’s Death

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

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August 19, 2010

100-Year-Old Nursing Home Patient Hospitalized for Broken Ribs, Hemorrhaging, and Other Injuries

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

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August 17, 2010

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

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" »

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August 13, 2010

Following Chicago Nursing Home Patient Violence Incidents, Illinois Regulators Take Steps to Revoke Columbus Manor Residential Care Home’s License

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

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August 9, 2010

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

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" »

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August 6, 2010

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

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 " »

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August 5, 2010

Cook County Nursing Home Negligence?: Palos Park Nursing Home Residents Allegedly Robbed by Men Posing as Teens

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

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August 3, 2010

Illinois Nursing Home Neglect Lawsuit Claims Resident Died After Pressure Sores Were Not Treated

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

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July 31, 2010

Illinois Governor Pat Quinn Signs Nursing Home Safety Bill into Law

This week, Illinois Governor Pat Quinn signed nursing home safety reforms into law. Quinn says that the “historic legislation” marks the beginning of a “new era” of nursing home care in the state.

Under the new law, the state must bring another 71 nursing home inspectors into the fold. Currently, there are 146 inspectors working. Also, psychological screenings and criminal background checks of incoming nursing home residents will become more rigorous so as to ensure that dangerous patients are screened out and housed separately from the general population. Measures are also in place to move thousands of mentally ill patients out of nursing homes and into community residential programs.

Additional issues that SB326 addresses:
• Providing each resident with enough nursing staff time to ensure he/she receives the proper nursing care.
• Establishing regulations that will discourage inadequate nursing care, while provide financial consequences for such negligence.
• Setting up additional requirements and regulations geared toward promoting patient safety, while providing elderly patients with a safe environment.

A series of Chicago Tribune articles last year made it obvious that housing young, mentally ill residents with older patients was proving harmful to the latter, with some of them becoming victims of Illinois nursing home sexual assault, rape, physical assault, and murder.

Quinn signs nursing home reform, Pantagraph.com, July 30, 2010

New Law to Improve Care, Safety for Nursing Home Residents, PR Newswire, July 29, 2010


Related Web Resources:
Illinois Nursing Homes

Nursing Home Safety Task Force

Continue reading "Illinois Governor Pat Quinn Signs Nursing Home Safety Bill into Law" »

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July 30, 2010

Illinois Nursing Home Negligence Alleged in Man’s Wrongful Death

The widow of Earl G. Jent has filed an Illinois nursing home negligence lawsuit blaming Bridgemark Healthcare, Helia Healthcare of Benton, and Helia Healthcare of Energy for his Benton wrongful death. Jent resided at the Benton and Energy facilities from June 4 to June 18, 2009.

According to Katheryn Jent, her husband developed a pressure sore on his back and a recurring C-diff infection, a colon infection that is caused by bacteria, while staying at the Illinois assisted living facility. She contends that despite signs that her husband was suffering from this infection, nursing home workers did not send him to the emergency room until June 18, which was the day that he died.

She is also accusing them of failing to monitor his mental and physical health in a timely manner, not recognizing that he was suffering from C-diff infection, failing to notice that he had decubitus ulcers, failing to recognize that because he had the colon infection in the past that he was at risk of having it again, not notifying his doctor about his poor intake, and failing to recognize that he not getting the proper care.

Katheryn Jent is seeking over $50,000. She contends that prior to his death her husband experienced suffering and pain, incurred medical costs, and lost his normal life.

Chicago Nursing Home Negligence
Many nursing home residents may already be suffering from a lower immune system. This makes it even harder for them to combat infections and other health issues that may arise. Assisted living facilities know this, and it is their job to properly monitor residents’ condition, provide prompt and proper treatment, keep doctors and family members abreast of any changes in health, and, when necessary, send a nursing patient to the hospital. Failure to provide the proper nursing care is Chicago nursing home neglect and can be prove fatal for the patient.

Nursing homes blamed in resident's death, Madison Record, July 28, 2010


Related Web Resources:
C-diff infection

Nursing Home Guide, Consumer Reports

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July 28, 2010

Judge Orders For-Profit Illinois Nursing Homes to Stop Scaring Psychiatric Patients Out of Transferring to Community Housing

A federal judge is ordering for-profit assisted living facility operators in Illinois to stop holding meetings and circulating information sheets designed to scare psychiatric patients into staying at nursing homes instead of transferring to supportive community housing. US. District Judge William Hart’s ruling was made public today and stems from a proposed court settlement that offers supportive residential living situations to about 4,500 psychiatric residents who are now residing in assisted living facilities referred to as Institutions for Mental Diseases.

The nursing homes recently started giving out information sheets to IMD residents and their families recommending that they turn down the settlement, which they said intentionally did not provide enough specifics about the plan and was going to take away certain protections from the psychiatric patients that did opt to move into the new housing facilities.

Hart called the information sheets “misleading, while containing certain passages that were incendiary and inaccurate. He also told nursing operators that they could no longer interact with psychiatric residents without the consent of the attorneys who are representing the mentally ill patients and the American Civil Liberties Union.

Our Chicago nursing home neglect and abuse law firm has been monitoring this story, and we recently published a blog post about the issue. We cannot stress enough that assisted living facilities are supposed to serve the best interests of each patient. Failure to provide the proper care that a nursing home resident needs is nursing home neglect.

Because of their mental health issues, some psychiatric residents may very well be better served by moving into supportive community housing, while others may be getting the care that they need at an assisted living facility. Some residents may be too dangerous to house along with the general nursing home population, in which case an assisted living facility may be placing the safety of the other patients at risk by allowing a mentally ill resident to live there.

Judge: Nursing home operators misled psychiatric patients, ChicagoBreakingNews, July 28, 2010

ACLU Says For-Profit Illinois Nursing Homes Trying to Scare Psychiatric Patients so They Won’t Leave, ChicagoNursingHomeAbuseLawyerBlog, July 24, 2010

Settlement reached in Illinois lawsuit over mentally ill, Pantagraph.com, March 15, 2010


Related Web Resources:
ACLU of Illinois

The Proposed Consent Degree (PDF)

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July 24, 2010

ACLU Says For-Profit Illinois Nursing Homes Trying to Scare Psychiatric Patients so They Won’t Leave

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

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July 22, 2010

Jury Awards $114 Million Nursing Home Abuse Verdict in 76-Year-Old’s Wrongful Death

Seven years after Juanita Jackson’s death, a jury has ordered nursing home operators Trans Healthcare Inc. and Trans Healthcare Management to pay $114 million for the nursing home negligence that contributed to her wrongful death. Jackson, 76, fractured her upper arm and suffered closed head trauma during a fall accident, which took place within two weeks of her admission to IHS of Florida, Auburndale in March 2003. The nursing facility is now called Auburndale Oaks Healthcare Center.

By May 2003, Jackson had numerous bedsores and was dehydrated and malnourished. Her family decided to remove her from the nursing home. She died on July 6, 2003.

According to the nursing home abuse lawsuit, nursing home workers knew that the elderly woman was at risk of falling but failed to put in place adequate fall prevention methods. The plaintiffs are contending that Jackson never fully recovered from her fall injuries and resulting health issues.

Fall accidents can lead to serious injuries for nursing home patients. Many are already too frail to properly recovery recover from fall injuries, which can be very painful and debilitating. They also can lead to serious complications and the deterioration of one’s health.

Nursing homes know that many of their residents are prone to fall accidents and they are required to implement the proper systems, procedures, and fall prevention mechanisms, as well as make sure that there are enough properly trained staffers, to prevent these accidents from happening. For example, some nursing home patients cannot get out of their beds without help. Some residents require the help of more than one nursing home worker or even a lift when going from a bed to a wheelchair. Having handrails installed down long hallways can also help. Adequate supervision of residents is essential. Failure to act to prevent fall accidents can be grounds for a Chicago, Illinois nursing home negligence case.

Polk County Jury Awards $114 Million in Nursing Home Lawsuit, The Ledger, July 21, 2010

Related Web Resources:
Nursing Home Falls, Centers for Disease Control and Prevention

Fall Prevention, StopFalls.org

Continue reading "Jury Awards $114 Million Nursing Home Abuse Verdict in 76-Year-Old’s Wrongful Death" »

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July 19, 2010

Illinois Governor Pat Quinn Battles Financial Elder Abuse with New Law

Governor Pat Quinn signed into a law a bill designed to protect seniors from Illinois elder financial abuse. Under the new law, financial institutions must play a stronger part in identifying and reporting this type of fraud.

Per Senate Bill 3267, the Illinois Department of Financial and Professional Regulation and the Illinois Department on Aging must put together training standards for employees of financial institutions that directly interact with clients. Part of that training will teach them how to recognize signs of financial abuse and the steps they should take to report the exploitations.

Our Chicago elder financial abuse lawyers are here to fight for the compensation owed to our clients for their financial losses caused by elder abuse. It is important that you discuss your case with an experienced law firm that handles elder financial fraud and Chicago nursing home neglect and abuse.

During the fiscal year 2009, Illinois received over 6,200 reports of possible Illinois elder financial abuse cases. Yet financial institutions reported just 3% of these incidents. Nationally, according to a 2009 MetLife study, each year there may be up to 1 million victims of elder financial fraud in this country alone. Many victims are women in their 70’s and 80’s that may be isolated, cognitively impaired, or too trusting. Elder male seniors suffering from Alzheimer’s or dementia are also at risk of becoming victims of elder financial fraud.

It is an act of elder abuse to take financial advantage of seniors by stealing money from them, investing their money in stocks and other financial instruments that are too high risk for them, or financially exploiting them in any other way.

Growing number of seniors are victims of financial abuse, Chicago Tribune, July 4, 2010

Related Web Resources:
Illinois Department on Aging

Financial Abuse, National Committee for the Prevention of Elder Abuse

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July 17, 2010

Illinois Nursing Home Neglect: Wrongful Death Lawsuit Seeks Damages for Woman’s Fatal Fall from 21 Defendants

James Niles is suing 21 defendants for her mother’s Illinois wrongful death following a fall accident in 2006. Neida Niles was 66.

She fractured her hip in April 2007 when she fell while undergoing routine kidney dialysis at the Jacksonville Dialysis Center. She was then admitted to Passavant Area Hospital for treatment of her fractured hip, pressure ulcers, and a skin infection.

Neida passed away at a Springfield, Illinois hospital on August 31, 2007. Now, Niles is claiming that his mother’s death could have been prevented.

In his Illinois wrongful death lawsuit, he is accusing Passavant and Prairie Village Healthcare Center, his mother’s nursing home, of failing to prevent and treat her pressure sores and the breakdown of her skin. He also claims that they did not properly treat her wounds or perform daily skin treatments to prevent infection.

He also contends that Gambro Healthcare, Prairie Village, and Jacksonville Dialysis failed to properly assess his mother’s fall risk status and whether additional safety precautions needed to be implemented for her. He is accusing the assisted living facility of providing inadequate nursing care and inadequate staffing.

Niles filed his complaint under the Illinois Nursing Home Care Act, the Illinois Wrongful Death Act, and the Illinois Survival Act. Other defendants named include Care Plus Management, Care Plus Rehabilitative Services, the owners of Care Plus and Prairie Village, and several Prairie Village employees, including 10 of its nurses. He is seeking unspecified damages for himself and his two siblings.

Chicago Nursing Home Neglect
Assisted living facilities are responsible for making sure that patients do not develop bedsores. Or, if they do, that they are treated immediately and correctly so that their condition does not grow worse. Infected bedsores and skin conditions can lead to serious health complications and even death. Failure to properly treat bedsores may be considered Chicago nursing home neglect.

21 named in 2007 death suit, My Journal Courier, July 14, 2010


Related Web Resources:
Nursing Homes in Illinois, Illinois Department of Public Health

What are Bed Sores?, Disabled World

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July 15, 2010

Illinois Nursing Home Under Investigation Again for Possible Negligent Nursing Care

The Champaign County Nursing Home is under investigation over another complaint related to its nursing care. The Illinois Department of Public Health is conducting the probe.

The incident in question took place in May when a female resident had to receive 24 stitches after she was hurt while an agency aide was transferring her. According to a sign that was posted on her door, no less than two people were supposed to transfer her.

The Urbana, Illinois nursing home says that the nursing aide involved in the incident will not be working at the assisted living facility again. However, the Champaign County Nursing Home is facing a possible fine.

Fall Accidents at Illinois Nursing Homes
Fall injuries and other injuries can occur when transferring a nursing home resident from a bed to a wheelchair, from the chair to a toilet, from the toilet to a car, or from a chair to a bed. Some patients may require use of a special lift or the help of more than one nursing home worker. It is important that nursing home employees follow any specific instructions for providing each patient with the correct assistance so that the resident doesn’t get hurt. Failure to provide that care can be reason for a Chicago nursing home neglect lawsuit if a patient is injured as a result of this type of negligent nursing care.

It was just in May that the public health department fined the Urbana nursing home $50,000 for violating state public health regulations (four $10,000 fines by the state and $10,000 on behalf of the federal Centers for Medicare and Medicaid Services). Already this year, the assisted living facility has faced payment losses and fines totaling over $100,000. Most of the penalties, however, have been lowered to a loss of about $14,000 in federal funding.

State investigates another complaint over patient care at Champaign County Nursing Home, The News-Gazette, July 13, 2010

Related Web Resources:
Illinois Department of Public Health

Falls in Nursing Homes, CDC

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July 11, 2010

Chicago Nursing Home Case: Prominent Operator Accused of Getting Kickbacks from Omnicare Inc.

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

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July 6, 2010

Join the Fight Against Chicago Nursing Home Abuse in July

The month of July is Elder Abuse Awareness Month in Illinois. Over the next few weeks, communities will sponsor events aimed at creating greater awareness about this problem, which the US Administration on Aging says continues to affect about 700,000 to 3.5 million elderly persons in the US each year. Unfortunately, these figures are low estimates when you consider that only one out of every five abuse cases is reported.

At our Chicago nursing home neglect and abuse law firm, we are dedicated to combating Illinois elder abuse and making sure that our clients and their families are compensated for injuries and deaths caused by Illinois nursing home negligence. There are steps that you can take to protect your loved one from Chicago elder abuse including:

• Before choosing your loved one’s nursing home, actually visit the assisted living facility and personally inspect the place.
• Talk to nursing home workers at each facility and watch how they interact with patients.
• Observe the residents to see whether they seem happy and comfortable at the nursing home.
• Check out the Medicare Web site to see how the assisted living facility fared under the federal rating.
• Once your loved one is admitted to a nursing home, visit and call regularly.
• Watch out for signs of elder abuse or neglect.

According to the Illinois Department on Aging, there are up to 80,000 Illinois elder abuse victims each year. The state is encouraging people to "Break the Silence" and report any suspected elder abuse and neglect incidents. Remember that elder abuse takes place in Illinois nursing homes and in private settings. Chicago, Illinois elder abuse and neglect can lead to physical injuries, emotional trauma, health complications, sepsis, elder financial abuse, clogged breathing tubes, verbal abuse, sexual abuse, malnutrition, dehydration, choking accidents, wandering accidents, fall accidents, bedsores, and death.

Help prevent elder abuse, Chicago Tribune, June 25, 2010

Illinois Department on Aging urges people to “Break the Silence” and report suspected incidents of Elder Abuse, Illinois Department on Aging, June 14, 2010

Related Web Resources:
Illinois Department on Aging

Elder Abuse and Neglect Act

US Administration on Aging

Nursing Home Compare, Medicare.gov

July 5, 2010

Chicago Nursing Home Patient Drowns in Bathtub

51-year-old Jean Engstrom has died. She was discovered drowned in a bathtub on Sunday in the West Rogers Park assisted living facility where she lived. The water was still running. Engstrom, who was mentally ill, was a Warren Park Nursing Pavilion resident. Cook County medical examiner's office officials say they were unable to verify whether the nursing home death was an accident, a homicide, or a suicide. It is unclear at this time whether Chicago, Illinois nursing home abuse or neglect was even a factor.

Drowning Accidents
It can just take seconds for someone to become submerged in water and find that they cannot surface for air. Four minutes without oxygen can lead to permanent brain damage and even death. It doesn’t take a swimming pool or an ocean full of water for someone to drown. People have been known to drown in mere inches of water in a bathtub, a bucket, a toilet, or from water covering up the mouth and face. Many drowning victims are unable to call for help.

Chicago Nursing Home Negligence
Chicago nursing homes are supposed to provide their patients with the customized supervision that each of them needs. Depending on their physical and mental state, some residents need assistance and monitoring when they are bathing. Some assisted living facility patients may be so mentally ill that they may be prone to committing suicide unless they are closely monitored. Chicago nursing homes are also supposed to protect their patients from becoming victims of murder, physical assault, sexual assault, elder financial abuse, nursing home abuse, and nursing neglect.


Woman drowns in tub at Rogers Park nursing home, Chicago Sun-Times, July 5, 2010

Bathtub drowning investigation continues, Chicago Tribune, July 5, 2010


Related Web Resources:
Drowning Facts, YMCA

Water-Related Injuries: Fact Sheet, Centers for Disease Control and Prevention

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July 4, 2010

Illinois Wrongful Death Lawsuit Claims Nursing Home Staff Failed to Properly Treat Woman’s Bedsores

The executor of Adele V. Kennett is suing the Alhambra Care Center for Illinois nursing home negligence. Kennett lived at the Illinois nursing home until March 21, 2009 when she was transferred to a Staunton hospital where she was diagnosed with a Stage III sacral decubitus ulcer, a number of Stage II and Stage I decubitus ulcers on her lower extremities, a urinary tract infection, and dehydration.

In her Illinois wrongful death lawsuit, Beverly Law claims that Kennett developed her health issues because nursing home workers failed to notify her next-of-kin and doctor about the changes in her condition, neglected to hire enough staff members so that patients’ needs were met, did not provide patients with necessary nursing care, and neglected to put in place a program that would prevent and treat pressure sores.

Law claims that the actions of the employees at the assisted living facility caused Kennett’s bedsores and subsequent death on April 9, 2009. She contends that the decedent’s injuries and death has caused the estate to incur substantial medical bills.

Law is seeking over $100,000 plus costs and other relief.

Stage IV bedsores:Full-thickness skin loss, loss of subcutaneous tissue that may even impact bone and muscle. Damage to joints and tendons.

Stage III bedsores: Symptoms can include full-thickness loss of skin, significant tissue damage, higher risk of tissue death or infection.

Stage II bedsores: Broken skin, blistering, redness, irritation, partial-thickness skin loss affecting the dermis and epidermis, or skin ulcers.

Stage I bedsores: Tenderness, pain, and redness.

There are steps that nursing homes must take to prevent, diagnose, and treat pressure sores before they reach a stage where they can cause serious health issues, complications, or death. Unfortunately, each year Chicago, Illinois nursing home neglect causes many patients to develop decubitus ulcers that can prove fatal.

Alhambra Care Center sued over resident's care
, The Record, June 30, 2010

Coding for Decubitus Ulcer, For the Record, January 17, 2005


Related Web Resources:
Bedsores, MayoClinic

Nursing Homes, Chicago, Illinois

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July 2, 2010

Illinois Nursing Home Sweep Leads to Fugitive’s Arrest

A nursing home resident who is wanted by the law was arrested on June 24 during a compliance check raid on the Virgil Calvert Nursing and Rehabilitation Center in East St. Louis, Illinois. Rotherford Davis, 61, is wanted on a drug-possession charge.

The raid was part of Operation Guardian, a program that involves unannounced visits to nursing homes that allows officials to check whether an assisted living facility has any compliance and safety issues. The initiative, launched by Illinois Attorney General Lisa Madigan, is intended to protect nursing home patients.

Unfortunately, some criminals have been using Illinois assisted living facilities as safe houses where they can hide. It is a violation of the law for a nursing home operator to fail to identify that there is a fugitive living at a long-term care facility. Virgil Calvert’s owner did not know that Davis was a wanted man. However, nursing homes are supposed to conduct background checks on prospective residents and employees to determine whether they have criminal records and if any of them pose a danger to the other patients.

There are nursing home residents that have suffered severe injuries because they were sexually assaulted, physically assaulted, or murdered by a fellow resident or a nursing worker with a violent past. Many of these injuries and deaths could have been prevented if only the nursing home did their job by screening out dangerous people and implementing safety measures in the event that a resident with a violent record was admitted. Nursing homes can be held liable for Illinois nursing home negligence if their failure to act allowed a patient’s personal injuries or wrongful death to occur.

Since launching Operation Guardian last February, 12 Illinois nursing homes have been inspected during these unannounced visits. Police have found 61 people that are wanted on arrest warrants for crimes ranging from disorderly conduct to attempted murder to sexual offenses. 12 arrests have been made. Many arrests could not be made because the patients were too sick to be transported from the facility or there were geographic limits to the warrants. According to Madigan’s deputy chief of Staff Kara Madigan, every raid has turned up at least one person wanted by the law.

Our Chicago, Illinois nursing home neglect and abuse lawyers very familiar with the harm residents can suffer when living alongside residents that have raped or murdered in the past.

Fugitive arrested in raid on nursing home, BND.com, June 25, 2010

Shocking Number of Fugitives Hiding in East St. Louis Nursing Homes, RiverFront Times, June 25, 2010


Related Web Resources:

Illinois Attorney General Lisa Madigan

Nursing Home Safety Task Force

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July 1, 2010

Nursing Home Death from Morphine Overdose Results in $4.85 Million Award

A jury has awarded the family of Burr Needham $4.85 M for his nursing home death. Needham died of a morphine overdose while undergoing physical therapy for a nondisplaced hip fracture at Mercy Memorial Nursing Center in 2002.

The County medical examiner had ruled his death a homicide caused by acute morphine intoxication. Yet the nursing home staff couldn’t account for the morphine that was administered to Needham.

In their nursing home negligence lawsuit, Needham’s family accused Dr. Arun Gupta and five nurses of being responsible for the medication overdose. Last week, the jury agreed, awarding $3 million to Needham’s wife, who died in 2007, for noneconomic loss of society and companionship, $1.5 million for Needham’s own pain and suffering, and $350,000 for damages, including burial expenses and other valuables and gifts Mrs. Needham would have received from her husband prior to her death. A judge had dismissed the wrongful death lawsuit in 2008 but a three-judge panel on the state’s Court of Appeals reinstated it in 2009.

Morphine Overdose
Taking too much morphine can prove fatal. Signs of a morphine overdose include:

• Hypotension
• Bradycardia
• Shallow and slowed breathing
• Limp muscles
• Severe drowsiness
• Fluid in the lungs
• Limp muscles
• Clammy skin
• Small pupils

Morphine is used for pain control. It is important that the correct dosage is administered to the patient so that he or she doesn’t overdose, become addicted, or suffer other health complications. Failure to properly administer this powerful drug at an assisted living facility can be grounds for a Chicago, Illinois nursing home neglect and abuse complaint.

Family wins $4.85 million for nursing home death, Toledo Blade, June 29, 2010

Morphine Uses, MedTV


Related Web Resource:
National Center on Elder Abuse

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June 29, 2010

Dementia Patients Are Easy Targets for Chicago Nursing Home Abuse and Neglect

According to a University of California study published in the Journal of the American Geriatrics Society, many dementia patients are at risk of being mistreated by caregivers. The study took a look at 129 people diagnosed with Alzheimer’s disease or a related disorder with caregivers in private homes.

According to researchers:
• 47% of the participants had been mistreated.
• 13% of the abuse was physical.
• 42% suffered from psychological abuse.
• 14% were the victims of caregiver neglect.

Risk factors among caregivers that increased the chance of mistreatment included depression, high levels of anxiety, social isolation, and the sense that caring for the dementia patient was a burden. Persons with dementia who were verbally abusive or physical abusive had a greater risk of being mistreated.

However, this is not to say that any type of patient abuse is ever justified for any reason—whether in a private setting or at an assisted living facility. Many dementia patients cannot be held responsible for their words or actions because they are not even fully aware of what they are doing or saying.

Patients with Alzheimer’s, dementia, or other forms of mental illness need special care. It is important that caregivers and the nursing home workers tasked with providing that care are trained in dealing with the unique issues that come with working with these types of patients.

Unfortunately, many dementia patients are unable to report that they have become victims of Chicago, Illinois nursing home abuse or neglect. Many may not even aware that they are being physically harmed, verbally abused, sexually assaulted, or neglected.


Research on Mistreatment of People with Dementia by their Caregivers, Center of Excellence on Elder Abuse and Neglect

Related Web Resources:
Caregiver Abuse, Neglect, and Exploitation (PDF)

Dementia and Alzheimer's Care

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June 24, 2010

101-Year-Old Resident Struck by Car in Nursing Home Accident Dies

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

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June 21, 2010

Another Nursing Home Abuse Lawsuit Filed in Case Involving Alleged Teen Assailants

Another nursing home negligence lawsuit has been filed against Evangelical Lutheran Good Samaritan Society for the elder abuse that a number of residents suffered at the hands of six teen nursing assistants. The latest complaint contends that Albert Lea nursing home’s supervisors were negligent when they failed to properly supervise the teenagers who allegedly sexually, emotionally, and physically abused residents in 2008.

The elder abuse crimes and the young ages of the alleged perpetrators sent shock waves through the country. While four of the girls criminal cases were dealt with in juvenile court, two of the girls, Ashton Larson and Brianna Broitzman, now both age 20, face charges in adult court. Their criminal trials are scheduled to begin next month.

The nursing home company, which has maintained that it didn’t know that the elder abuse incidents were happening, says that it responded right away as soon as it found out about the alleged nursing home abuse. The state's health department did not cite Good Samaritan Society of Albert Lea over the incidents.

The residents who were targeted reportedly suffered from dementia, Alzheimer’s, and other mental illnesses and the abuse reportedly occurred over a number of months. The teen nursing home workers were only supposed to perform simple tasks, such as helping patients with an activity or combing their hair.

Nursing Home Abuse
Assisted living facilities must closely monitor their employees to make sure that nursing home neglect or abuse doesn’t happen. Failure to properly supervise, train, or conduct a background check of staff members can prove detrimental to the residents who are left vulnerable to sexual assault, verbal abuse, emotional abuse, physical abuse, and elder neglect.

Another lawsuit in Albert Lea Elder Abuse Case, Globe Gazette, June 17, 2010

Lawsuit alleges ‘systemic failure to exercise proper supervision,' Albert Lea Tribune, January 26, 2010


Related Web Resources:
Evangelical Lutheran Good Samaritan Society

Nursing Home Abuse Center

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June 17, 2010

Cook County Nursing Home Negligence?: Evergreen Park One of Seven Facilities Facing License Revocations

Illinois regulators are taking steps to revoke the licenses of seven assisted living facilities, including Evergreen Health Care Center in Cook County. One of the patients at the Evergreen Park assisted living facility was hospitalized after maggots were discovered crawling in and out of her head wound. The Evergreen Park nursing home was cited for failure to properly care for the 86-year-old resident’s wound and has also been cited a number of other times for Cook County nursing home neglect.

According to the White House, some 700,000 to 3.5 million elderly are neglected, abused, and exploited in the United States every year and many of these crime are taking place in US nursing homes. While lawmakers are taking steps to combat nursing home abuse and neglect, so much more needs to be done to tackle this issue that is harming elderly persons in both private and community settings.

Tuesday, June 15, 2010 was World Elder Abuse Awareness Day. The day was intended as a call-to-action to increase awareness about elder abuse awareness and neglect.

The idea that elderly people are suffering because people tasked with taking care of them are abusing, neglecting, or exploiting them is a horrific one. If you suspect that your loved one is a victim of Chicago nursing home abuse or neglect, there are steps that you can take to fight back.

Nursing home neglect and abuse can lead to bruises, bedsores, broken bones, sexual assault wounds, emotional trauma, fractures, malnutrition, overmedication, clogged breathing tubes, sepsis, dehydration, choking accidents, infections, deterioration of health, and wrongful death.

7 Illinois nursing homes face loss of licenses, Chicago Tribune, June 17, 2010

Honoring the Global Effort to End Elder Abuse, The White House, June 15, 2010


Related Web Resources:
World Elder Abuse Awareness Day, Administration on Aging

Nursing Homes in Chicago, Illinois, CityOf.com

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June 14, 2010

Arlington Heights Nursing Home Assistant Sentenced for Stealing from 89-year-old Resident

Winona Nelson has been sentenced to five years in prison for financial exploitation of an elderly person. The 31-year-old Chicago resident had committed the theft in 2009 after she was fired from The Moorings, an Arlington Heights nursing home where her 89-year-old victim, a dementia patient, lived. She was able to electronically withdraw $6,070 from the elderly woman’s bank account.

According to Cook County Assistant State's Attorney Sherie DeDore, Nelson had misrepresented herself as a certified nursing assistant when the Arlington Heights nursing home hired her. Nelson was at the assisted living facility for just a month before she was let go. She has prior criminal convictions for burglary and forgery.

Elder Financial Abuse
Elderly patients, especially those who are suffering from Dementia or Alzheimer’s, are easy targets for people intent on committing elder financial fraud. Caregivers and nursing home workers have the advantage of being in constant and close proximity to the patient and his/her personal belongings, which can make it easy to access account information and other important financial data. They also will likely have gained the patient’s trust.

Financially exploiting an elderly person is a crime. If money was stolen from your loved one by a nursing home worker, you may have grounds for pursuing a Chicago nursing home negligence lawsuit against the facility where the elder financial fraud occurred.

Unfortunately, many victims of elder financial fraud do not know that they are being targeted or, if they do, they may be afraid, ashamed, or, due to health limitations, unable to report what has happened.

Nursing assistant sentenced in theft, Chicago Tribune, June 11, 2010


Related Web Resources:
Elder Fraud by Relatives or Caregivers, DFI.Wa.Gov

Financial Abuse, National Committee for the Prevention of Elder Abuse

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June 11, 2010

Nursing Assistant Pleads Guilty to Sexually Assaulting Mentally Disabled Male Resident

A former certified nursing assistant has pleaded guilty to sexually assaulting a mentally disabled patient. Junious Boyd Batten admitted that he raped the 55-year-old man, who has the mental capacity of a child, on several occasions. According to the victim’s testimony, in March 2008, Batten told him to take of his clothes and lie face down on the floor of the bedroom before doing “something he was not supposed to be doing.”

Batten is facing a maximum lifetime prison sentence after pleading guilty to one count each of forcible sodomy, abuse, non-forcible sodomy, and neglect of an incapacitated adult. By pleading guilty in an Alford plea, he is admitting there is enough evidence to convict him while maintaining that he is innocent. As part of his plea agreement, prosecutors dropped three non-forcible sodomy charges and four forcible sodomy counts.

The former nursing home employee, who worked at the Cote de Neige Home for Adults between late 2006 and the middle of 2007, also admitted to sexually abusing a 24-year-old resident at the assisted living facility. The younger victim is the one who told a counselor about the sexual abuse.

In June 2008, the disabled man’s family filed a $3.5 million nursing home negligence lawsuit against Cote de Neige and its owner for exhibiting reckless disregard for residents when they hired Batten. Prior to and during his time at the home, Batten had been charged with 13 crimes. Although a number of them were dismissed, he was convicted on two assault and battery charges, public intoxication, and contempt of court.

In May 2009, a jury awarded the plaintiffs $750,000 in nursing home negligence damages. $500,000 was for compensatory damages and $250,000 was for punitive damages.

Nursing assistant admits raping disabled man at Newport News group home, Daily Press, May 19, 2010

Facility Hit With $750k Damages In Sexual Assault Case, Daily Press, June 4, 2009

Male nurse admits to raping disabled man in Newport News nursing home, Examiner.com, May 20, 2010

Related Web Resource:
Nursing Home Safety, Chicago Tribune

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June 10, 2010

Nursing Home Violations Claims Made Against Facility Where Worker Allegedly Threw Patient from Wheelchair Onto Bed

State officials say that they’ve received a number of complaints in just the last month accusing Clemmons Nursing and Rehab Center of committing at least 20 different violations and that they have evidence to substantiate four of the violations. According to an investigation report, in one incident a nursing aid reportedly threw one female resident, who suffers from a number of health problems and can’t walk without help, onto a bed from her wheelchair. The patient was severely bruised as a result. The assisted living facility has until June 19 to resolve the complaint or it may lose its Medicare funding for new inpatient services.

Nursing home workers work in such close physical contact with many of their patients that it is important that they know how to properly touch them and refrain from doing anything inappropriate or abusive. Molestation, bruising a patient by handling them too roughly, or touching them in a manner that is disrespectful or abusive in any other way is nursing home abuse. Not only can this cause serious physical and emotional injuries to the resident, but it is a violation of his/her rights and can be grounds for a Chicago, Illinois nursing home abuse and neglect lawsuit.

Many nursing home patients need help walking, bathing, moving from their wheelchair to a bed, eating, changing their clothes. Some of them may even need someone to help turn them in bed on a regular basis so that they don't develop pressure sores. This need for physical assistance places residents in a very vulnerable position and it is up to nursing homes and their employees to not violate this trust.

Clemmons Nursing Home Accused of Mistreating Residents, MyFox8, June 8, 2010


Related Web Resources:
Medicare Funding

Camera Captures Violent Scene As Nurse Appears To Dump Elderly Wheelchair-Bound Patient On Floor, Leaves Her, WCBS2, May 27, 2010

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June 5, 2010

Woman’s Illinois Nursing Home Neglect Lawsuit Claims Resident Died Because Staffers Failed to Property Treat His Bedsores, UTI, and Leg Ischemia

Shirley McManus is seeking over $150,000 plus attorney’s fees and costs against Caseyville Property and Caseyville Nursing and Rehabilitation Center for Newton J. McManus Jr.’s wrongful death. She is alleging nursing home negligence and claims that he died because nursing home staffers did not properly treat his decubitus ulcers.

Shirley contends that because Newton developed leg ischemia, bedsores, and a urinary tract infection after he was admitted to the assisted living facility on May 8, 2008, he died just 24 days later. She says that nursing home negligence by staffers, the assisted living facility, and its owner, caused her his personal injuries and wrongful death. Shirley is also accusing the defendants of inadequate nursing care, failure to protect Newton from Illinois nursing home abuse and neglect, failure to notify a doctor about his health issues, inadequate treatment of his pressure sores, failure to comprehensively assess his health, and failure to make sure that he maintain a certain weight.

Shirley says that prior to Newton’s death, he incurred medical expenses and experienced emotional distress, mental anguish, serious pain and suffering, and loss of dignity.

Inadequate Nursing Care
What may seem like a minor health condition, wound, or illness at first can turn serious if proper nursing and medical care are not administered immediately. It is nursing home neglect to provide inadequate nursing care. Not only can it lead to health complications or death for a resident, but also the patient may have to experience severe pain and suffering and loss of dignity and comfort.

Woman sues Caseyville nursing home over man's death, The Record, June 3, 2010


Related Web Resources:

Decubitus Ulcers, Emedicine

Leg ischemia, American Family Physician

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June 4, 2010

Nursing Home Abuse: Video Shows Patient Being Dumped from Wheelchair onto the Ground

Licensed practical nurse Jessie Joyner is charge with abuse, neglect, mistreating a nursing home resident, and stealing medication from another patient. Surveillance footage shows the 56-year-old nurse sharply jerking a wheelchair, as the 85-year-old patient seated on it falls to the ground. Joiner is then seen walking by the patient, who is on the ground flailing, twice, before leaving the area.

More than two minutes later, another employee arrives on the scene and does nothing for over a minute before he begins speaking to the elderly woman. Joiner comes back to the accident site and help is finally called. However, this help wasn’t administered until over four minutes after the fall accident.

The elderly resident, who has dementia, broke her hip during the fall accident. However, it wasn’t until the nursing home administration reviewed the footage that the true cause of the hip fracture was discovered.

Meantime, Joiner has pleaded not guilty to the criminal charges. Her defense lawyer says that the patient fell on her own and that the nurse had tried to help her. However, the attorney general’s complaint contends that Joiner has said that she knocked the elderly resident from the wheelchair and did not help her. She is also accused of not reporting the fall accident until another staffer noticed the woman on the ground, and also of lying about the incident.

In an unrelated incident, which also took place that night, Joiner has admitted to taking more than 20 Percocet pills that were supposed to be for another patient. She said she took the medication for her own use and got rid of paperwork to conceal her actions.

Subjecting an assisted living resident to cruelty and neglect is nursing home abuse and a violation of the patient's rights. Even if criminal charges aren't pursued, you may still be able to sue for Chicago nursing home neglect and abuse.

SHOCK VIDEO: NYC Nursing Home Horror, WCBSTV, May 27, 2010

Nurse charged with abusing patient, stealing drugs, ABC Local, April 22, 2010


Related Web Resources:
National Center on Elder Abuse

Nursing Homes Resident Rights, Medicare.gov

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May 29, 2010

Our Chicago Nursing Home Neglect Lawyers Salute Assisted Living Facilities Residents During National Older Americans Month

May is National Older Americans month. This is a time to recognize this elderly demographic, a group that keeps growing in size as people continue to live longer. By 2030, there are expected to be 71.5 million people in the 65 and over age group.

Many of these older people may have to live in nursing homes so that they can receive the care that they need to cope with some of the illnesses that come with aging, such as dementia or the effects of a stroke or a broken hip. Many sick and frail elderly people cannot live alone and may even require round-the-clock nursing care for their medical and daily needs.

Unfortunately, elder abuse continues to be a problem in nursing homes and in private residences. More than 2 million elder abuse cases take place in the US each year and according to the Jacksonville.com, authorities only hear about 1 out out of every 14 cases. Most elder abuse victims are women and 70% of assaults occur in private residences.

Our Chicago nursing home abuse lawyers wants to remind you that your loved one has certain rights as an assisted living facility resident. Nursing home neglect and abuse violate these rights and are crimes that could land those directly responsible in jail. You also may have grounds for a Chicago nursing home negligence case if the long-term care facility allowed the abuse to happen or failed to act to prevent it.

Nursing homes know that abuse, neglect, patient violence, and sexual assaults happen and it is their responsibility to make sure that such crimes don’t occur on the premise.

National Older Americans Month, Jacksonville.com, May 24, 2010

Related Web Resources:
May is Older Americans Month, Administration of Aging

Elder Abuse and Neglect, Helpguide.org

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May 25, 2010

Illinois Attorney General Conducts Unannounced Visit to Morgan County Nursing Home

Officials from the office of Illinois Attorney General Lisa Madigan conducted an unannounced sweep of the Golden Moments Senior Care Center in Jacksonville on Monday. They were there to check for any nursing home violations.

This is the eleventh raid of an Illinois nursing home in the last several months. It is the first sweep to target an assisted living facility outside the Chicago area. However, this time, officials did not check whether any nursing home residents had outstanding arrest warrants.

No citations or fines were issued and no one was arrested during the inspection. There are five convicted sex offenders living at the Morgan County nursing home, and all of them are living in individual rooms. The nursing home has completed “risk assessments” on just two of the patients.

Earlier this year, the state of Illinois fined Golden Moments $50,000 for the 2009 death of a 74-year-old resident. The patient, Adam Waeltz, had choked on food.

Nursing home workers were required to ground up food before feeding Waeltz, who had no teeth and was known for eating and drinking too fast. However, on the day of his choking accident, Waeltz swallowed ham that had been torn into pieces instead. After his death, ham pieces the size of a tangerine were found in his windpipe.

At least six other residents had allegedly suffered Illinois nursing home abuse while staying at Golden Moments.

Sweep conducted at Jacksonville nursing home, SJ-R.com, May 25, 2010

Jacksonville, Illinois Nursing Home Fined $50,000 for Inadequate Care Related to 74-year-old Resident’s Choking Death, Malman Law, February 9, 2010


Related Web Resources:

Illinois Attorney General Lisa Madigan

Nursing home safety task force, Illinois.gov

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May 22, 2010

Man’s Nursing Home Negligence Lawsuit Blames Extendicare Assisted Living Facility for His Mother’s Wrongful Death

Charles Brock is suing Fir Lane Terrace (known as Richmond Health and Rehabilitation — Kenwood), assisted living facility owner Extendicare, a number of the company’s wholly owned subsidiaries, nursing home administrators Amanda Jackson, Cynthia Simpson, and Lisa Johnson, and five unnamed employees for his mother’s wrongful death. Margaret Brock, 80, had been living at the assisted living facility for less than two months when she died on October 8, 2008.

According to Brock’s wrongful death complaint, his mother suffered dehydration, malnutrition, poor hygiene, weight loss, pneumonia, chronic obstructed pulmonary disorder-related complications, pain, and several infections, including sepsis and methicillin-sensitive staphylococcus aureus, while at the nursing home. She also was involved in more than one fall accident. Brock is accusing the defendants of violating his mother’s nursing home rights and not fulfilling their obligation to make sure that she was kept safe. The plaintiff is seeking compensatory and punitive damages.

Over the last few years, numerous nursing home negligence lawsuits have been filed against a number of Extendicare nursing homes for the poor nursing care that residents have allegedly received.

Nursing Home Neglect and Abuse

It can be devastating to find out that the assisted living facility that you entrusted with your loved one’s care actually made your family member’s condition grow worse. If your loved was injured or became ill because he or she did not receive the proper nursing care, the assisted living facility has violated the patient’s legal rights.

Wrongful death suit filed against nursing home, The Richmond Register, April 27, 2010

Madison nursing home accused of negligence, Kentucky.com, April 28, 2010

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May 20, 2010

Crystal Lake Nursing Home Abuse: Nursing Assistant Charged with Aggravated Battery of an Elderly Person in Pain Patch Licking Incident

Jeremiah J. Healless, a former nursing home worker at Fair Oaks Health Center, is accused of Illinois nursing home abuse. The 25-year-old Harvard man allegedly had had been poking holes in a female patient’s Fentanyl patch and squeezing the patch so he could take the drug himself. Healless is charged with aggravated battery to an elderly person in connection with the pain patch-licking incident.

The Crystal Lake nursing home abuse was discovered after other workers at the assisted living facility noticed that the 92-year-old Alzheimer patient’s pain patch was an unusual color. They asked her family’s permission to set up video surveillance in her room.

Unfortunately, the theft of pain medication from elderly nursing home residents is not as rare an occurrence as one would hope. In an unrelated case, former care home manager and registered nurse Rachel Baker has been sentenced to 10 years behind bars for the death of a 97-year-old resident.

Baker is accused of giving Lucy Cox lethal doses of medicine even as she abused controlled drugs that she had stolen from the assisted living facility. She was convicted of manslaughter in Cox’s death but acquitted of the manslaughter death of another elderly patient.

Baker would divert residents’ drugs for her own use. She took Cox’s diamorphine for herself and instead administered tramadol to the elderly woman. Though tramadol is considered a weaker substitute, Baker gave Cox too much of the drug.

In yet another case involving drug theft at a nursing home, Hilary Hartwig, a physical therapist, is charged with theft related to taking a painkilling drug patch from a 94-year-old patient at Bonell Good Samaritan Center. Hartwig admits to similar thefts at other assisted living facilities.

10-year term for care home manager, AP/Google, May 21, 2010

Police: Greeley woman admits stealing pain meds from elderly, The Tribune, May 13, 2010

Police: Nursing assistant licked drugs from patient's patch, Northwest Herald, May 17, 2010


Related Web Resources:
Drug Diversion: The Scope of the Problem, RecoveringNurses

Office of Diversion Control, DEA

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May 18, 2010

Illinois Nursing Home Negligence Lawsuit Seeks Compensation for Cahokia Woman’s Personal Injuries

Velma Penberthy is suing St. Paul's Nursing Home for Illinois nursing home neglect. She is seeking a judgment of over $30,000 plus costs.

The Cahokia woman claims that assisted living facility workers failed to provide her the proper nursing care for her edema and did not help her when she showered. Penberthy contends that due to the negligent nursing care that she received, she injured her leg and ankle during a fall accident in the shower and in a separate injury accident, sustained a leg contusion when she was struck by a motorized wheelchair.

Negligent Nursing Care
Assisted living facilities are supposed to maintain a certain standard of care for their residents. Nursing home neglect, abuse, or failure to provide the proper nursing care can be grounds for an Illinois nursing home neglect lawsuit.

Other reasons why someone might sue for Chicago nursing home negligence:

• Breach of duty
• Nursing mistakes
• Nursing home neglect
• Inadequate security
• Failure to prevent fall accidents
• Failure to treat bedsores
• Sexual assault crimes
• Patient violence
• Inadequate supervision
• Inexperienced or poorly trained staff
• Medication mistakes
• Failure to prevent choking accidents
• Improper restraints
• Wandering/elopement incidents
• Violent crimes
• Elder financial abuse
• Malnutrition
• Wrongful death

It is disturbing that so many patients are victims of Chicago, Illinois nursing home abuse and neglect. It is important to immediately remove your loved one from any abusive situation and report the incident.

Nursing home resident claims employees let her fall, hit her with motorized wheelchair, The Record, May 14, 2010


Related Web Resources:
Nursing Homes in Illinois, Illinois Department of Health

Compromised Care, Chicago Tribune

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May 15, 2010

Nursing Home Abuse: Former Aide Gets 60-Year Prison Sentence for Sexually Assaulting Patients

A former nursing home aide has been sentenced to 60 years in prison for sexually assaulting four patients at the National HealthCare assisted living facility. Earlier this year, James Wright entered an Alford plea to four counts of aggravated sexual battery. This type of plea acknowledges that there is enough evidence to convict him but does not obligate a defendant to plead guilty.

According to a court-ordered psychological evaluation to determine the 35-year-old’s eligibility for a sex offender treatment program, Wright blames his victims for his sexual crimes. The evaluation findings describe him as a manipulative hedonist who has a tendency to engage in exhibitionism and voyeurism and ranks his personality along with that of the average molester or rapist. It wasn’t until moments before Wright was sentenced that he admitted responsibility for his actions and asked for forgiveness from his nursing home abuse victims and their families.

Nursing board documents report that seven patients from NHC had complained of sexual assault while Wright was caring for them. Since then, former NHC nurses have said that management routinely disregarded complaints made by nurses and patients regarding Wright’s behavior.

After leaving NHC, he was hired at Brookdale Senior Living-Grand Court Bristol in September 2007. A spokesperson for Brookdale Senior Living says that Wright’s references were flawless and he passed a criminal background check. However, patients from Grand Court Bristol have also come forward claiming that he sexually assaulted them too.

Chicago Nursing Home Negligence
Assisted living facilities must protect patients from becoming the victims of Chicago, Illinois nursing home abuse, neglect, sexual assault, or patient violence. Unfortunately, there are nursing homes that continue to disregard complaints made by residents and/or fail to take the necessary measures to keep violent sexual offenders and abusive workers out of their facilities.

Wright sentenced to 60 years in nursing home abuse case, TriCities, May 14, 2010
Did an NHC nursing home let a serial molester run free for seven years? , Nashville Scene, April 9, 2009

More Nursing Home Abuse Cases Uncovered, Tricities.com, August 28, 2009


Related Web Resources:
Nursing home overview, Medicare

Making the Right Choice, National Institute on Aging

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May 13, 2010

Assisted Living Facility Found Guilty of Nursing Home Neglect in Patient’s Elopement Death

An investigation by a state department of health has found the Jones-Harrison assisted living facility guilty of nursing home neglect in the death of a dementia patient who left the residence and wandered off last November. The report says that nursing home workers thought the woman had gone home with a family member.

However, while a relative did sign the woman out of the nursing home the day before the incident, she did bring the patient back to the assisted living facility. She did not, however, sign the resident back in.

It wasn’t until the next morning that the missing woman was discovered near a parking garage. She had no pulse and had frozen to death. She died from hypothermia due to exposure to the cold. The same family member who had checked the patient out says that nearly 17 hours after the woman was last seen, the nursing home still hadn’t called the cops.

According to investigators, a maintenance worker who left the facility on the day the patient wandered off had left a cyclone gate door open. The worker said that he purposely did not take the time to lock the door because he was cold and wanted to get to his vehicle as quickly as possible.

The health department determined that the assisted living facility and the maintenance worker were both negligent in causing the woman’s death. The report found that Jones-Harrison failed to properly oversee the resident registry and did not put into action in a timely manner the protocol for dealing with missing persons.

Wandering/Elopement
If your loved one is a nursing home patient who needed supervised care and he/she got hurt after wandering off the property undetected and without supervision, you may have grounds for a Chicago nursing home neglect lawsuit . Fall accidents, becoming the victim of a violent crime, hypothermia, dehydration from severe heat, and getting hit in an Illinois car crash are some of the reasons why patient elopement from a nursing home can be so dangerous.

Minneapolis Nursing Home Guilty of Neglect in Patient's Freezing Death, MyFoxTwinCities, May 20, 2010


Related Web Resources:
Preventing Elopement, Repertoire, March 2008

Dementia and Alzheimer’s Care, Helpguide.org

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May 10, 2010

National Nursing Home Week: Visit Your Loved One at a Chicago Assisted Living Facility

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)

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May 7, 2010

Illinois House and Senate Pass the Nursing Reform Bill

The Illinois House and Senate have approved the nursing home reform bill. The legislation is aimed at improving the care and safety levels at assisted living facilities throughout the state. Senate Bill 326 is now headed for Governor Pat Quinn's desk.

Measures in the bill include mandating that nursing homes beef up their staffing levels, satisfy higher standards before taking in residents that are suffering from serious mental illnesses, and keep more dangerous patients in secure areas where they can be supervised more closely and receive more intensive treatment. The bill also paves ground for the transfer of thousands of mentally ill patients out of assisted living facilities into community treatment programs where they can receive more appropriate and effective care. The legislation reflects the 38 recommendations made by Illinois Governor Pat Quinn’s Nursing Home Safety Task Force that was created following a Chicago Tribune investigation into nursing home violence that has been occurring between residents.

Our Chicago, Illinois nursing home law neglect and abuse firm is pleased to hear that lawmakers are taking steps to provide patients with the nursing care and protection that they need. Too many residents have suffered because nursing homes did not give them the proper care or make sure that they were kept away from violent residents and abusive nursing home employees. The fact that sexual assaults, assault and battery, and murders have occurred at numerous assisted living facilities throughout the state is evidence that the current system needed to be changed.

Most people that live in nursing homes do so because they need help, including specialized nursing care and assistance with their daily self-care needs. Assisted living facilities know this, and it is their job to give residents that care while protecting them from harm.

Nursing home reform bill passes Illinois House, Chicago Tribune, May 6, 2010

Legislature Passes Sweeping Nursing Homes Reform Bill, PRNewsire, May 7, 2010

Related Web Resources:
Final Report, Nursing Home Safety Task Force (PDF)

Compromised Care, Chicago Tribune

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May 6, 2010

Medication Mistakes at Chicago Nursing Homes Can Injure Residents

A new study to be published by the Archives of Internal Medicine reports that interrupting nurses while they are seeing to a patient’s medical needs can increase the chances that a medication error will happen. The more distractions that occur, the greater the number of mistakes that can happen. Per the study, which is the first one to demonstrate a clear link between medication errors and interruptions, four interruptions during a single medication administration doubles the chances that a major medical mistake can happen.

From September 2006 to March 2008, researchers watched 98 nurses preparing and giving 4,271 medications to 720 patients at two Australia teaching hospitals. They categorized mistakes as “procedural failures” or “clinical errors.” Among the findings:

• Just one out of every five medications administration was free from error.
• Interruptions took place during over 50% of all administration.
• Interruptions were linked to an 12.1% increase in procedural failures and a 12.7% rise in clinical mistakes.
• 79.3% of mistakes were minor.
• 2.7% of errors were major clinical mistakes.
• The most common procedural mistakes included giving the patient the right medicine at the wrong time and failing to check the patient’s chart against his/her ID.

Talking to a nurse who is preparing or administering medication is one common interruption. However, there are other reasons why a nurse at an assisted living facility might make a medication error. Understaffing, improper training, exhaustion, making small talk, administrative mistakes, such as failing to check the dosage, type of medication, failure to properly document the medical chart, and a lack of a proper checks and balances system in place to prevent mistakes, are other common causes of medication errors.

At a hospital, a medication mistake can be grounds for a Chicago medical malpractice lawsuit if injuries or death occurs. At an assisted living facility, a medication error may be grounds for a Chicago nursing home negligence complaint.

Interrupting a Nurse Makes Medication Errors More Likely, Bloomberg BusinessWeek, April 26, 2010

Interruptions Linked to Medication Errors by Nurses, Medscape Today

Causes of Medical Mistakes, Wrong Diagnosis


Related Web Resources:

Archives of Internal Medicine

Medication errors plague nursing home residents, Boston.com, February 24, 2005

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May 3, 2010

Fourth Illinois Nursing Home Negligence Lawsuit Filed Against La Salle County Nursing Home Over Alleged Sexual Assaults by Male Patient

La Salle County Nursing Home was named the defendant of yet another Illinois nursing home neglect lawsuit involving another women who was allegedly sexually assaulted by the same male resident. The victim is a 90-year-old former patient.

According to the Illinois nursing home negligence complaint, staff members failed to properly protect her from her alleged assailant, who had a history of sexual violence. The male resident is accused of sexually violating almost a dozen female nursing home patients during his stay at the La Salle County assisted living facility. Many of his targets were suffering from dementia. He has since then been transferred to a psychiatric facility.

The Illinois nursing home neglect lawsuit is seeking over $50,000 for mental, physical, and psychological injuries, and negligence, in addition to legal fees, and costs.

Other La Salle County, Illinois nursing home neglect lawsuits on behalf of women that were allegedly victimized by the same fellow resident:

• A complaint was filed last month on behalf of a former 81-year-old patient who has since passed away.

• In 2009, a nursing home negligence complaint asking for at least $250,000 was filed for a woman whose pelvic bone cracked while she was sexually assaulted.

• Also that year, a $100,000 lawsuit was filed for a woman who was also allegedly sexually victimized.

Chicago, Illinois Nursing Home Neglect and Abuse
Becoming the victim of any kind of sexual assault at any age is traumatic, violating, and causes serious injuries. If a nursing home was negligent and failed to protect a resident from becoming the victim of sexual abuse, you may have grounds for a Chicago nursing home neglect case.

Fourth lawsuit filed against county nursing home, MyWebTimes, April 29, 2010


Related Web Resources:
Compromised Care, Chicago Tribune

Illinois Department of Public Health

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April 30, 2010

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

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" »

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April 27, 2010

Illinois takes Action To Revoke Suburban Chicago Nursing Home’s License

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

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April 24, 2010

Battling Illinois Nursing Home Negligence: Governor Pat Quinn Proposes Raising Minimum Staffing Levels

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


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April 22, 2010

Another Illinois Nursing Home Abuse Lawsuit Filed Against La Salle County Nursing Home

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

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April 20, 2010

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

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.


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April 16, 2010

After 14 People Charged with Nursing Home Neglect, More Families Allege Negligent Care in Their Parents’ Deaths

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

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April 14, 2010

Chicago, Illinois Nursing Home Neglect Can Leave Patients with Clogged Breathing Tubes

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

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April 12, 2010

Chicago Nursing Home Neglect Lawsuit Accuses Willowbrook Assisted Living Facility of Failing to Protect Patient from Sexual Assault by Another Resident

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

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April 9, 2010

Cap on Fines Against Illinois Nursing Homes Lifted by Appellate Court

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

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March 31, 2010

Three Chicago Nursing Home Patients Suffering From Mental Illnesses Are Found Safe After They Were Reported Missing

Three mentally ill patients at the Balmoral Nursing Home in Chicago are now accounted for and safe. Missing persons reports had been issued for all three of them.

The first patient who disappeared was Donald Stewart. The 70-year-old suffers from schizoaffective disorder. Police had said that the last time his whereabouts were known was on Wednesday when he walked out of the assisted living facility's front door. Two days later, nursing home resident Earnest Wade also reportedly disappeared after she left the assisted living facility. The 61-year-old suffers from bipolar disorder, schizoaffective disorder, and is an alcoholic. A third person, Josephine Gallegos, 64, also was reported missing after she too left the nursing home. She also has schizoaffective disorder.

Now, officials are saying that at all three patients were accounted for the entire time. They are back at the assisted living facility and are unharmed.

According to the administrator at the North Side nursing home, there are patients at the facility that are allowed to come and go. However, Illinois law requires that a missing persons report be filed if a resident misses curfew. One police detective says that nursing homes file about 15 such reports daily and that most cases resolve themselves.

Wandering/Elopement
That said, Chicago, Illinois nursing homes are responsible for their patients’ physical safety. This means making sure that, in addition to protecting residents from becoming the victims of nursing home abuse, neglect, or patient violence, assisted facility workers must see to it that residents who are not able to take care of themselves are not allowed to wander off unsupervised.

Some nursing home residents that disappear can end up getting hit by a car, injured during a fall accident, or may freeze to death, starve, or become the victim of a violent crime. If your loved one was injured after eloping from an assisted living facility, you may have grounds for filing a Chicago, Illinois nursing home neglect lawsuit.

Three Patients Missing From North Side Nursing Home Found, MyFoxChicago, March 31, 2010

3 missing patients found, raises concerns, WBBM, March 30, 2010


Related Web Resources:
The National Institute for Elopement Prevention and Resolution

Nursing Homes in Chicago, Illinois

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March 30, 2010

Family of Woman Sexually Assaulted at Fox River Pavilion Files Aurora Nursing Home Negligence Lawsuit

The family of a disabled nursing home patient is suing Fox River Pavilion for Illinois nursing home negligence. The resident was allegedly sexually assaulted by Sylvester Graves, who was also a patient at the Aurora assisted living facility.

According to the Aurora nursing home negligence complaint, the 39-year-old Graves, who is mentally ill and has been arrested on numerous occasions, beat and sexually assaulted the woman, who has dementia, while they were in his room. The lawsuit contends that the facility should have been closely watching Graves and/or restricting him. The family is also alleging inadequate security and failure to provide the proper treatment for Graves’s anti-social conduct.

Graves is in jail and charged with eight counts of aggravated criminal sexual assault and criminal sexual assault and battery. He has prior convictions for theft and burglary.

Federal and state officials terminated funding to Fox River Pavilion. According to the state of Illinois, inadequate staffing and failure to properly treat and monitor mentally ill felons contributed to patient violence. Last year, another Fox River patient died from heart failure after his roommate attacked him.

Nursing Home Violence
Illinois nursing homes must properly screen prospective residents to determine whether they could pose a danger to other residents. In addition to protecting residents from Chicago, Illinois nursing home abuse and neglect, the facility must also protect them from patient violence.

The problem of nursing home patients inflicting harm on other residents is one that assisted living facilities, along with state and federal officials, must solve. Too many residents are becoming the victims of rape, physical assault, sexual assault, and other violent crimes because mentally ill or violent residents are being housed, without proper supervision and the appropriate restrictions, with the rest of the nursing home population.

Lawsuit over alleged nursing home sex assault, Chicago Tribune, March 29, 2010


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

Compromised Care, Chicago Tribune


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March 26, 2010

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

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

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March 24, 2010

Health Care Reform Provides Additional Protections Against Nursing Home Abuse and Neglect

Good news for Chicago, Illinois nursing home patients. The new health care reform bill, passed by Congress and signed into law by President Barack Obama, includes provisions designed to improve nursing home patient safety and prevent abuse and neglect. The legislation includes the Patient Safety and Abuse Prevention Act, the Elder Justice Act, and the Nursing Home Transparency and Improvement Act.

Under the Patient Safety and Abuse Prevention Act, a national program of criminal background checks will hopefully keep abusive nursing home workers away from residents. Meantime, the Elder Justice Act requires that all nursing home abuse and neglect is reported. It will also improve public agencies’ ability to properly investigate allegations of neglect and abuse while requiring that long-term care ombudsmen are better trained. $32.5 million will go toward grants supporting ombudsmen programs.

The Nursing Home Transparency and Improvement Act will give consumers easy access to information about assisted living facility staffing turnover, inspection reports, and sanctions while requiring that nursing home operators, owners, and financiers provide greater disclosure. Also, $400 million will go toward adult protection services funding.

That the federal government and Illinois officials, including Governor Pat Quinn’s Nursing Home Safety Task Force, are committed to protecting patients from abuse and neglect are two developments that our Chicago, Illinois nursing home neglect and abuse lawyers are pleased to see. Unfortunately, nursing home neglect and abuse and patient violence continue to be huge problems at Illinois assisted living facilities. If you suspect that a nursing home worker or another patient is abusing your loved one, you must remove your relative from the abusive situation immediately, report the incident, and contact our Chicago nursing home negligence law firm to explore your legal options.

Nursing Home Transparency and Improvement Act

Patient Safety and Abuse Prevention Act

Elder Justice Act

Related Web Resources:
Health Care Reform Bill Will Also Improve Long-Term Care, NCCNHR, March 24, 2010

Related Web Resources:
Health Reform

Nursing Home Safety Task Force, Illinois.gov

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March 21, 2010

Evanston, Illinois Nursing Home Company Ordered to Close Another Assisted Living Facility Because of Poor Patient Care

The owner of Extended Care Clinical, an Evanston-based nursing home company that owns assisted living facilities in Illinois (including in Lake County), Nebraska, Indiana, and Ohio, has been ordered to shut down its Northlake Nursing and Rehabilitation Center following complaints of negligent nursing care that the facility allegedly failed to remedy. All the residents were supposed to be relocated by March 15th—although facility owner Eric Rothner had filed a complaint on March 10 seeking a delay.

Rothner is also the owner of Somerset Place, a Chicago nursing home that was also shut down because of poor nursing care. Chicago nursing home abuse, patient violence, and negligent care were some of the reasons that the 400-bed facility lost its license.

As of early January, there were still 12 residents still living at Northlake. The beleaguered assisted living facility has come under fire from residents and families that have filed nursing home neglect lawsuits and/or complaints, as well as from the state.

One patient, 51-year-old Mary Anne Jackson, reportedly left the assisted living facility in worse shape than when she entered it. Jackson, who had one skin ulcer when she was admitted to Northlake in 2008, reportedly ended up with so many bedsores that her behind disappeared, ligaments, bone, and muscle became visible, and her legs became stuck together. Doctors recommended that her legs be amputated but the family refused.

Another nursing home patient, James Ribovich, was diagnosed with a UTI, sepsis, and gangrene on his scrotum and penis. A wide excision of the gangrene had to be conducted. The 71-year-old died in 2006. His daughter has filed a wrongful death lawsuit alleging nursing home negligence.

Verbal and physical nursing home abuse also reportedly occurred at the faculty and at least eight residents did not receive the proper bedsore care that they needed. Poor nursing home management and inadequately trained nursing home workers at Northlake have also been cited as causes for concern by state inspectors and former employees.

Nursing home long troubled, Post-Tribune, March 14, 2010

Northlake closure could stall, Post-Tribune, March 10, 2010

Deadline set to close Chicago nursing home, Chicago Tribune, March 9, 2010


Related Web Resources:
Extended Care Clinical, LLC

Nursing Home Compare, Medicare.gov

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March 19, 2010

Preventing Chicago Nursing Home Neglect and Patient Violence: Thousands of Mentally Ill Patients May Be Relocated to More Appropriate Facilities

Over the next five years, about 4,500 psychiatric patients may be moved out of Illinois nursing homes into supportive housing—which is good news for both mentally ill residents and the disabled and elderly people that are currently living together in assisted living facilities. The class-action settlement that would set this process in motion is expected to be filed by Monday.

If approved, the state would give mentally ill patient the choice of moving from an Illinois nursing homes to a community-based facility. This alternative arrangement lets mentally ill residents live independently while at the same time providing them access to the help that they need. ACLU of Illinois associate legal director Benjamin Wolf says the settlement will change the current system from one that institutionalizes people to one that actually gives people what they need. ACLU of Illinois filed the lawsuit in 2005.

In Cook County, Lake County, DuPage County, and Will County, our Illinois nursing home negligence law firm is dedicated to making sure that the victims of Chicago, Illinois nursing home neglect and patient violence are compensated for the harm they have suffered at the hands of abusive and neglectful nursing home workers and violent patients.

Not only is it important that an Illinois assisted living facility provide a resident with the nursing and medical care that he/she needs, but nursing home workers must protect a patient from harming themselves and/or others. It is fortunate that Governor Pat Quinn’s Nursing Home Safety Task Force is taking steps to provide better protections for nursing home residents. However, assisted living facilities must still make sure that they fulfill their responsibility to residents by giving them the proper care and taking steps to ensure that they don’t get hurt, sick, or die because nursing home workers were negligent.

New hope for Illinois’ mentally ill nursing-home residents, Chicago Tribune, March 15, 2010

Settlement is a sea change for care of the mentally ill, Chicago Sun-Times, March 16, 2010


Related Web Resources:
Governor Quinn's Nursing Home Safety Task Force

Compromised Care, Tribune Watchdog

Continue reading "Preventing Chicago Nursing Home Neglect and Patient Violence: Thousands of Mentally Ill Patients May Be Relocated to More Appropriate Facilities" »

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March 17, 2010

Woman Who Went Missing from Chicago Nursing Home Commits Suicide

A woman who had been reported missing from a Chicago, Illinois nursing home has committed suicide. According to police, 37-year-old Catherine Ryan dove to her death onto the Dan Ryan Expressway from an overpass on March 9.

Autopsy findings indicate that she died from multiple injuries caused by a high fall onto the expressway. The medical examiner’s office ruled her death a suicide.

The last sighting of Ryan was earlier this year when she was admitted to Northwestern Abbott Hospital. She called a friend on February 25. Ryan was a nursing home resident at Margaret Manor Nursing Home.

Wandering/Elopement
Many nursing home patients cannot take care of themselves, which is why assisted living facilities must make sure that residents are properly supervised and don’t wander off the premise. Also, many patients with dementia or other forms of mental illness are at high risk of elopement.

This is why assisted living facilities must have enough qualified and properly trained staff to work every shift, make sure that residents that are at risk of wandering are placed in bedrooms close to the nurses station, lock the side doors and secure the windows, install alarms on doors, and activate security cameras and/or employ security guards.

Unfortunately, lack of security, inadequate supervision, and nursing home neglect can make it easy for patients to walk out of nursing homes, which places them at risk of getting hit by a car, becoming the victim of a violent crime, dying from the heat or cold, sustaining serious injuries during a fall accident, starving, or becoming severely hydrated.

In the event that a nursing home resident wanders off and gets hurt or dies, the victim’s family may be able to obtain Chicago, Illinois nursing home neglect compensation.

Woman's death in Ryan jump a suicide: autopsy, Southtown Star, March 10, 2010


Related Web Resources:
Controlling Unsafe Wandering Behaviors in Alzheimer's Patients, Caregiving.com

Aging Parents and Elder Care

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March 13, 2010

South Elgin Nursing Home Neglect Lawsuit Filed Against Tower Hill Healthcare Center

The family of Rodney L. Volkening is suing a South Elgin assisted living facility for Illinois nursing home neglect. The 54-year-old, who suffered from spina bifida, died on July 31, 2008.

Volkening was admitted to the Kane County assisted living facility so he could get the care he needed for his condition. On July 5, he was taken to an Elgin hospital.

Staffers there suspected nursing home abuse and neglect. He had severe bedsores and his colostomy bag had exploded. There was a significant amount of stool on him him and he had a very high fever, 107 degrees, that had been left untreated.

The family is seeking over $50,000 plus legal fees. At this time, they are not accusing the South Elgin nursing home of causing the nursing home patient’s wrongful death, but their St. Charles nursing home negligence lawyer is investigating whether abuse and neglect contributed to Volkening’s death. The nursing home resident’s death certificate lists pneumonia and a staph infection as the causes.

The family’s Illinois nursing home neglect lawsuit accuses the facility of violating Illinois’ Nursing Home Care Act, providing the patient with inadequate maintenance, personal care, and medical care, failing to develop a care plan that would reduce the risk of bedsores, failing to take into account Volkening’s medical history, and failing to discover his decubitus ulcers in a timely manner.

Chicago Nursing Home Negligence
Neglecting to care for a nursing home patient can lead to deteriorating health and complications that can prove fatal, especially if the resident already has other health issues. It is a nursing home’s job to provide each patient with the care that he or she requires. Neglect is another form of abuse. If you suspect Chicago nursing home abuse or neglect, you should remove your loved one from the facility immediately.

Suit alleges neglect, abuse by S. Elgin nursing home, The Courier-News, March 14, 2010

Related Web Resources:
Spina Bifida, National Institute of Neurological Disorders and Stroke

Nursing Home Care Act, Illinois General Assembly

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March 11, 2010

Following Incidents of Chicago Nursing Home Abuse and Patient Violence, Somerset Place to Close by Friday

According to Illinois officials, Somerset Place, a Chicago nursing home, will close its doors on Friday. The assisted living facility, which primarily houses mentally ill residents, lost its Medicaid funding, as well as its license, following repeated incidents of nursing home abuse and patient violence.

Most of its 400 residents have already been transferred to other assisted living facilities. Care Centers Inc., the management firm that helps manage the assisted living facility, has been named a defendant in over three dozen Chicago, Illinois medical malpractice and personal injury complaints. The company filed for bankruptcy last year.

Chicago police say they’ve investigated a number of allegations involving physical violence, sexual violence, and drug crimes at Somerset. Just last December, there were 66 felons residing at the Chicago assisted living facility.

One nursing home resident, who was allowed to wander off the premise, was found dead. While at the assisted living facility, Maratta Walker managed to use crack cocaine and prostitute herself. Although she didn’t die on the premise, the Somerset nursing workers should not have let her leave the facility while she was unsupervised.

It is the residents who must live with the consequences of inadequate nursing care, poor supervision, and the failure to properly screen prospective residents to make sure that dangerous patients are kept out or, at the very least, more closely supervised and/or kept away from the general nursing home population. You can hold a nursing home and negligent nursing home workers liable for Chicago, Illinois nursing home negligence.


Deadline set to close Chicago nursing home,
Chicago Tribune, March 8, 2010

Deadline set to close Uptown nursing home, WGNTV, March 9, 2010
Chicago, Illinois Nursing Negligence: Federal and State Officials Threaten to Shut Down Local Nursing Home Unless Violations Can Be Remedied, ChicagoNursingHomeAbuseLawyerBlog, January 23, 2010

Related Web Resources:
Centers for Medicare & Medicaid Services

Illinois Department of Public Health

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March 5, 2010

Illinois Nursing Home Neglect Lawsuit Blames Rosewood Care Center in Alton for Husband’s Wrongful Death

The estate of Frederick Winston Kibler is suing the Rosewood Care Center of Alton for wrongful death. The Illinois nursing home neglect complaint claims that the assisted living facility failed to provide Kibler with the proper nutritional diet, proper hydration, and a care plan.

Kibler died on February 26, 2008 after developing septic shock, pneumonia, malnutrition, multiple organ failure, a serious urinary treat infection, and dehydration.

Elizabeth Gibson, the independent administrator of Kibler’s estate, says that the Illinois assisted living facility caused his death. She alleges numerous negligent acts, including the failure to protect his safety, not using the proper diagnostic equipment, not providing sufficient staffing, failing to correctly monitor Kibler’s condition, and failing to call a doctor in a timely manner.

Gibson says that Kibler’s next-of-kin have experienced lost of companionship and society, as well as suffered severe grief. They also have had to pay for Kibler’s costly medical bills.

The defendants of the Illinois wrongful death lawsuit are Drs. Robert J. Marshall, D’Andrienne Carli Jones, Ubeydullah Deligonul, and David R. Huyette. Gibson is seeking over $100,000 plus legal fees and costs.

Chicago, Illinois Nursing Home Negligence
Malice doesn’t have to be involved for Chicago, Illinois nursing home neglect to occur. Neglecting a patient and not providing him/her with the proper medical and nursing home care can be grounds for a nursing home negligence lawsuit.

People stay at nursing homes because they are sick, frail, and/or unable to take care of themselves without help. This may be due to old age or because of a serious illness. Assisted living facility workers can cause someone’s death if they don’t do their jobs correctly.

Rosewood Care Center in Alton named in wrongful death complaint, Madison/St Clair Record, March 3, 2010


Related Web Resources:
Rosewood Care Center in Alton

Nursing Homes, Medline Plus

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March 2, 2010

Judge Gives Nurse Charged With Illinois Nursing Home Neglect $10,000 in Legal Assistance

A judge has agreed to give Penny Whitlock $10,000 to hire expert witnesses. Whitlock, a registered nurse, is charged with two counts of obstructing justice and five counts of criminal neglect of a long-term care facility resident. The criminal charges were filed following a 15-month probe into a number of suspicious deaths at the Woodstock Residence assisted living facility in 2006.

Whitlock, who used to serve as the McHenry County nursing home’s director, is accused of endangering patients when she failed to report allegations made by staff members that nurse Marty Himebaugh was administering dangerous doses of drugs, such as morphine, to patients. Whitlock allegedly said that Himebaugh should be allowed to keep acting as the “Angel of Death.”

Whitlock says she is already $107,000 in debt and cannot afford to pay more for her defense. Although county prosecutors did not object to her request for legal help, they have said that if she is convicted, she will have to pay the county back for the expert fees.

Meantime, Himebaugh is waiting for her criminal trial on multiple felony charges to take place.

Illinois nursing home abuse and neglect are not only crimes but they can be detrimental to a patient’s health. In the ideal case scenario when Chicago, Illinois nursing home abuse or neglect is involved, the offending nursing home worker is brought to justice in criminal court. Regardless of whether or not this happens, an Illinois nursing home negligence victim or the family member of someone who died because of abuse, neglect, or medical malpractice at an assisted living facility may be able to sue the liable party/parties for damage.

For instance, in 2008, Vickie Lund filed a McHenry County nursing home negligence lawsuit against Woodstock Residence, Himebaugh, and Whitlock. Lund says that Virginia Cole died after she was administered “improper and unlawful” doses of medication while at the assisted living facility. In another Illinois wrongful death lawsuit, Sharon Hunt claimed that her son died because he was administered a deadly dose of morphine while staying at Woodstock Residence.

Nurse accused of ignoring suspicious deaths gets $10,000 to help defense, Daily Herald, February 25, 2010

Arrests Made In McHenry County Nursing Home Deaths, CBS2 Chicago, April 4, 2008

llinois “Angel of Death” Nursing Home Abuse Cases Leads to Two Wrongful Death Lawsuits, Chicago Nursing Home Abuse Law Blog, October 7, 2008

Related Web Resources:
Nursing Homes in Illinois

Elder Abuse Prevention, Illinois Department on Aging

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February 27, 2010

Man Files Chicago Nursing Home Negligence Lawsuit Against Niles Assisted Living Facility for Failing to Treat Fall Accident Injury that Resulted in Gangrene and Finger Amputation

Juan Riostrirado is suing Glenbridge Nursing and Rehabilitation Centre for Chicago, Illinois nursing home negligence. Riostrirado says that doctors had to amputate his ring finger because the nursing home failed to properly diagnose and treat injuries he sustained during a fall accident. The alleged Chicago nursing home neglect caused him to suffer from gangrene, which led to the finger amputation.

Riostrirado says he fell and struck his hand on a heater at the Cook County assisted living facility on Dec. 7, 2008. He claims that for nearly two weeks, no one at the Niles nursing home documented his injury. It wasn’t until December 19, 2008 that a nurse noted that his right finger was swollen and should be monitored for five days. No more notes were made for another week after that entry.

On January 4, 2009, a notation was made about Riostrirado’s finger, which was now necrotic, swollen, and causing him pain. On January 5, he was diagnosed with gangrene. On January 9, he underwent surgery to have his finger amputated.

Riostrirado’s Cook County nursing home negligence lawsuit is seeking over $50,000 in damages. He is accusing the Chicago suburb nursing home of poorly supervising its residents and failing to treat his fall injuries in a timely fashion.

Chicago, Nursing Home Neglect
Ignoring a patient, failing to properly supervise, failure to properly diagnose, failure to monitor illnesses or injuries, failure to provide the proper medical and nursing care, and failure to properly feed or bathe a resident are just some examples of Chicago, Illinois nursing home neglect.

Man sues nursing home after losing finger, Niles Herald-Spectator


Related Web Resources:
Gangrene, eMedicineHealth

Glenbridge Nursing and Rehabilitation Center, Niles, Illinois

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February 25, 2010

Fighting Illinois Nursing Home Negligence: Attorney General Lisa Madigan Says More Unannounced Spot-Checks of Assisted Living Facilities Planned

In the battle to protect nursing home residents from violent patients, Illinois Attorney General Lisa Madigan says that more unannounced spot-checks are going to occur to make sure that any convicted criminals living as residents in assisted living facilities are not a danger to their co-residents. She calls this initiative “Operation Guardian,” which will concentrate on assisted-living facilities for the poor.

The spot-checks come after the arrest-warrant checks in December and January that were instigated to find criminals who should be behind bars rather than living in assisted living facilities. 12 residents were arrested at 4 Chicago, Illinois nursing homes. An employee at one of the Chicago assisted living facilities was also apprehended.

Madigan says that this latest initiative will included the assessment of care plans for ex-convicts and resident interviews. She wants to make sure that all nursing home residents have undergone criminal background checks. The spot-checks will start next week.

Chicago, Illinois Nursing Home Negligence
Our Chicago, Illinois nursing home abuse lawyers cannot stress how important it is for assisted living facilities to make sure that any dangerous patients are kept separate from other residents. In some cases, it may be necessary to deny a patient a bed at a facility if he/she is someone with a violent criminal past who may physically assault or sexually attack another resident. A nursing home patient who was injured while staying at an assisted living facility because of Chicago nursing home abuse, neglect, or patient violence may be entitled to personal injury compensation.

Attorney General's office to step up spot-checks of nursing homes, Sun-Times, February 24, 2010

Illinois steps up nursing home safety push, Chicago Tribune, February 24, 2010


Related Web Resources:
Illinois Attorney General Home Page

Nursing Home Safety Task Force


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February 23, 2010

Wrongful Death Lawsuit Claims Nursing Home Negligence is a Factor in Failure to Motorcyclist’s Sepsis

The family of Steve Russell Cunningham is suing HealthSouth Rehabilitation Center of Beaumont, Christus Hospital St. Elizabeth, and Dr. Stephen B. O'Neil for his wrongful death. Cunningham, 52, died on March 15, 2008 from renal failure and congestive heart failure.

Cunningham was first hospitalized after he was seriously injured in a motorcycle accident on December 8, 2007. At Christus, doctors placed a central intravenous line in his chest. He was then moved to the nursing home for post injury habilitation.

While at the nursing home, Cunningham became septic after developing a staph infection. On January 2, 2008, he was sent back to Christus where he was diagnosed with MRSA sepsis because his central catheter had become infected. Cunningham was then moved to the Dubuis Hospital where he received extended antibiotic therapy for a month before being sent home on February 17.

Yet Cunningham continued to experience recurrent MSRA. He was hospitalized at Christus again from septic shock.

According to the family’s wrongful death lawsuit, medical malpractice and nursing home negligence contributed to Cunningham’s death. Among the negligent acts they cite:

• Failure to properly treat an infectious disease
• Failure to properly document and report medical care
• Failure to prescribe the correct antibiotic treatment
• Failure to prescribe proper therapy
• Failure to control the infection and treat in a timely manner
• Failure to order proper tests
• Failure to remove central line to avoid infection

The family says they suffered loss of companionship, love, advice, society, maintenance, counsel, and support, as well as experienced mental anguish. They also say that they had to pay for medical and burial and funeral expenses.

Sepsis
Involves a serious infection that has entered the bloodstream. A septic patient’s blood pressure likely has become low enough that the person is in shock. Bacteria, fungus, another infecting agent, or the body’s own defense system can cause sepsis. People with weakened immune systems, such as sick persons, young babies, and elderly people, are at higher risk of suffering from sepsis. Nursing homes are places for viruses and bacteria that can cause sepsis to thrive.

Family blames Christus, HealthSouth for man's sepsis, death, Setexasasrcord.com, February 10, 2010


Related Web Resources:
Sepsis (Blood Infection), WebMD

Nursing Home Checklist, Medicare.gov


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February 20, 2010

Fighting Chicago, Illinois Nursing Home Abuse and Neglect: Governor Pat Quinn’s Nursing Home Safety Task Force Proposes Changes

On Friday, Illinois Governor Pat Quinn’s Nursing Home Safety Task Force proposed significant changes to the way assisted living facilities treat their residents. Included in their recommendations:

• More complete screenings of prospective nursing home residents
• Transfer patients with violent histories and/or civil mental illnesses to facilities other than nursing homes that are better equipped to deal with these residents.
• Provide a care plan for each patient that can increase their chances of recovery and regaining at least some independence
• Reevaluate all seriously mentally ill nursing patients within three months (and again at six months) of admission.
• Better training for screeners so that they know that there are other, more appropriate living options out there for mentally ill patients.
• Better re-admission screening process to determine whether a patient might be a danger to others.
• Require criminal background checks earlier in the discharge process so they are completed by the time a patient is admitted to a nursing home
• Develop a system that will allow access to recent arrests, outstanding warrants, and prior convictions
• Mandate that all nursing homes who admit seriously mentally ill residents obtain certification that they are in compliance with state mental health standards

You can view the full report by clicking on the link below. According to the Chicago Sun-Times, nursing homes will likely dispute at least some of the recommendations. However, there is no doubt that changes must be made to protect residents from becoming the victim of nursing home violence, abuse, and neglect.

If your loved one was a victim of Illinois nursing home neglect or abuse, you should remove him or her from the assisted living facility immediately and contact Chicago, Illinois nursing home negligence lawyer Steve Malman to determine whether you have grounds for a case.

Task force: Change nursing home safety standards, Chicago Sun-Times, February 19, 2010

Read the Final Report, February 19, 2010 (PDF)


Related Web Resources:
Nursing Home Safety Task Force

Nursing Homes, Chicago Tribune

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February 18, 2010

Chicago, Illinois Nursing Homes Should Make Sure to Insert Feeding Tubes Only If They Are Benefiting (and Not Hurting) Advanced Dementia Patients

According to a study in the Journal of the American Medical Association, it is the larger, for-profit facilities and those that utilized intensive care the most during a dementia patient’s final six months that are the places most likely to insert feeding tubes. Dr. Joan Teno says that based on surveys taken by nursing home residents and dementia patients’ families, most people suffering from this mental illness would prefer dying over using a feeding tube.

Yet, earlier research shows that over 1/3rd of US nursing home patients suffering from end-stage dementia use feeding tubes. Even though evidence shows that feeding tubes don’t alleviate bedsores, allow for a longer life, or solve other issues, about 2/3rds of the tubes were inserted while the patients were in acute-care hospitalization.

Teno noted that because there are two financing systems for nursing home patients—Medicare, which pays for acute care, and Medicaid, which covers custodial care—nursing homes are more likely to send residents to hospitals where someone else will cover the bills. All of these transfers can cause a dementia patient to engage in disruptive behavior, develop bedsores, and/or suffer from eating problems, which then leads to the insertion of a feeding tube.

Feeding tubes are usually inserted through the stomach. According to Dr. Elizabeth Sampson, the lead author of another study, feeding tubes can actually increase morbidity and mortality while lowering the quality of life. Dr. Stephen Post, who is also a professor of preventive medicine at Stony Brook University, says that feeding tubes may even cause a person with advanced dementia to suffer because a patient who is near death will often have a gastrointestinal system that has shut down.

Nursing homes must make sure that the medical and nursing care that they provide each resident will help more than hurt them. If you believe that negligent nursing care contributed to your loved one’s injury, pain and suffering, deteriorating health, or death, do not hesitate to contact our Chicago, Illinois nursing home neglect and abuse law firm.

Too Many With End-Stage Dementia Get Feeding Tubes, BusinessWeek, February 9, 2010

Do Feeding Tubes Help Or Harm In Advanced Dementia?, Science Daily, April 20, 2009


Related Web Resources:
NINDS Dementia Information Page

Illinois Nursing Home Care Act

Journal of the American Medical Association
US Department of Health and Human Services

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February 16, 2010

Chicago, Illinois Nursing Home Negligence Can Lead to Deterioration of a Patient's Health

It does not matter whether or not medical malpractice occurred. Chicago, Illinois nursing home abuse and neglect victims have the right to demand personal injury compensation from all negligent parties if they were the victims of negligent or abusive care.

In one Illinois nursing home negligence lawsuit, a woman is suing Rosewood Care Center on behalf of Gerald Flanary’s estate. Martha Flanary says that the Edwardsville nursing home provided him with negligent care in 2003 when nursing home workers did not tell his doctor or family members that his condition had deteriorated.

Martha is accusing the Illinois nursing home of failing to properly care for Gerald and of violating the Nursing Home Care Act. She is seeking over $50,000 in damages. Martha claims that Gerald experienced great anguish and pain because of the nursing home neglect.

Chicago, Illinois Nursing Home Neglect
Failure to provide a nursing home patient with the proper care is nursing negligence. Many kinds of injuries can occur due to inadequate supervision, inappropriate nursing care, failing to help patients in need of assistance when walking, eating, or bathing, medication mix-ups, and other negligent acts.

Bedsores, sepsis, choking injuries, clogged breathing tubes, malnutrition, unexplained falls (fractures, broken hips, sprains and strains), depression, severe anxiety, emotional trauma, infections, deteriorating health, sexual assault injuries, physical assault injuries, and even death can result from nursing home neglect. Some assisted living patients who have been able to wander out of a nursing home because they were not properly supervised have become the victims of violent crimes, motor vehicle crashes, or have fatally fallen or died due to freezing temperatures.

Negligence case against Rosewood Care Center goes to trial Tuesday, The Record, February 12, 2010

Related Web Resources:
Illinois Nursing Home Care Act

Nursing Homes in Illinos

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February 13, 2010

Nursing Home Workers Accused of Taking Nude Photos of Patients Won’t Be Charged

No criminal charges are going to be filed against three nursing home workers accused of using their cell phones to take nude pictures of patients. Prosecutors say that they don’t believe a crime was committed. However, the state’s department of health is still looking into the matter.

The nursing home, Kitsap Health & Rehabilitation Center, fired the employees. One of the nurses claims that although they took funny pictures of patients and sent them to one another, they did not take photographs that were inappropriate. Two of the workers have said they have been wrongly accused

Another nursing home worker reported the alleged pictures. Police say the photographs were deleted before they were able to get access to the phones.

Nursing Home Abuse
It is wrong and an act of nursing home abuse to take inappropriate and/or private photographs of nursing home patients without their consent. Unfortunately, this type of nursing home abuse has happened before. In 2007, at least three patients at Greenwood Manor were photographed in the nude. Police say it looked as if the photographs were staged. One woman spoke out when she was sent a picture of patients at the home. Her sister, a resident at the facility, was in the photo.

Last year, a nursing home received a citation because workers used their cell phones to make audio recording and take pictures of patients. The images and sounds, which were accompanied by sexual song lyrics, were reportedly taken without the patients’ permission or knowledge and sent to other nursing home workers at Pimlico Parkway. Staffers claimed that they not know what they were doing was wrong.

Also in 2009, a certified nursing assistant at Pigeon Forge Care and Rehabilitation Center was fired for using his cell phone to take photos of 12 nursing home residents in different states of undress. 47 pictures and 27 videos were taken of patients engaged in different activities.

No charges for Bremerton nursing home photos, Seattle Times, February 11, 2010

Nursing Home Employees Fired For Allegedly Taking Nude Photos Of Resident, KIRO, February 9, 2010

Related Web Resource:
National Center on Elder Abuse

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February 11, 2010

One Out of Five Nursing Homes Consistently Earns Poor Ratings for Overall Quality

USA Today says that out of every five US nursing homes, one of them will have earned consistently poor ratings for overall quality. The newspaper came up with this figure after analyzing new data from Medicare, which began giving star ratings to US nursing homes in an attempt to help nursing home patients and their families make more informed choices when choosing an assisted living facility. Having this information can be very helpful in avoiding places where Illinois nursing home abuse and neglect are already rampant.

Star ratings are awarded based on inspection reports, investigations into complaints, and other information primarily gathered from the past two years. USA Today discovered that no US state, including Illinois, was exempt when it came to having assisted living facilities that received poor ratings from one year to the next. It is also interesting to note that almost all of the nursing homes that earned one or two star ratings belonged to for-profit companies. The assisted living facilities with the lowest ratings usually had an average of 14 deficiencies each. However, Medicare is quick to note that even a nursing home that receives one star will have had to meet the federal agency’s most basic requirements.

While it is good that federal health officials have developed a rating system that provides information about each facility based on health inspection results, staffing, and quality measures, our Chicago, Illinois nursing home abuse lawyers remain convinced that there is no substitute to actually visiting an assisted living facility and personally inspecting the bedrooms, kitchen, quality of food, and living conditions. This will also allow you to watch the way patients interact with nursing home workers so that you can get a sense of the kind of attention and care your loved one might receive at a particular facility.

Too often, patients become the victims of Illinois nursing home neglect, abuse, or patient violence. Injuries, illness, and death are the unfortunate consequences of nursing home negligence.

Analysis: Poor ratings persist for 1 in 5 U.S. nursing homes, USA Today, January 28, 2010

Nursing Home Compare, Medicare

Related Web Resources:
Nursing Homes in Illinois

Illinois Department of Public Health

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February 9, 2010

Jacksonville, Illinois Nursing Home Fined $50,000 for Inadequate Care Related to 74-year-old Resident’s Choking Death

According to the Illinois Department of Public Health, Golden Moments Senior Care Center is fighting a $50,000 fine that state officials have imposed against it over inadequate nursing care related to the choking death of an elderly patient. Adam Waeltz, 74, died on October 3, 2009.

According to the state’s inspection report, Adam Waeltz, who was developmentally disabled and had no teeth, was at risk of choking on food unless he was properly supervised and fed the proper diet, which required that certain foods be ground up. He was known for drinking and eating too fast.

Yet on October 3, Waeltz was given ham that had merely been torn into pieces. He collapsed and died at the Illinois nursing home. According to the Morgan County coroner, there were ham pieces as large as a “tangerine” in the patient’s windpipe.

The Illinois Department of Public Health is fining Golden Moments Senior Care Center because it found the assisted living facility guilty of five “Type A” violations (each one comes with a $10,000 fine) over the incident.

These are not the first fines imposed on Golden Moments. The Illinois nursing home recently agreed to pay $6,500 to settle a nursing home violation. It also originally faced a $20,000 fine for allegations that one of its nurse’s aides was being abusive toward patients. The Illinois nursing home abuse fine was later lowered. The nurse’s aide, Jessie L. Ross, was let go from the assisted living facility.

Some nursing home patients are unable to eat and drink without help or supervision. This is why nursing homes must be mindful of each resident’s dietary and nutritional needs. Failure to make sure that a patient gets all of the nutrients and liquids he/she needs or that foods are properly processed before they are given to certain residents is nursing home negligence and can prove fatal.

Jacksonville nursing home fined $50,000, BeHealthySpringfield.com, February 3, 2010


Related Web Resources:
Illinois Department of Public Health

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February 5, 2010

Are Chicago, Illinois Assisted Living Facilities Doing Enough to Prevent Nursing Home Fall Accidents?

According to a review reported in the Cochrane Database of Systematic Reviews, pharmacist review of meds and vitamin D supplementation can reduce nursing home falls. This is good news, considering that nursing home falls, as well as fall accidents in hospitals, are common causes of elderly deaths.

After reviewing several studies of vitamin D use in nursing homes, researchers found that nursing home residents’ chances of falling went down by 28% when they were given vitamin D every day. Seniors who had low levels of vitamin D when the study began were the ones who benefited the most. Also according to the report, seniors have a 10 times greater chance of falling when they reside at a nursing home.

Our Chicago, Illinois nursing home neglect lawyers represent patients who have been injured during nursing home falls. Unfortunately, not every nursing home does enough to prevent fall accidents from happening. Many of these fall accidents could have been avoided if only assisted living facilities and their employees had done their jobs correctly.

Common causes of Chicago, Illinois nursing home falls:

Slip and fall hazards
• Inadequate assistance
• Malnutrition
• Poor lighting
• Lack of handrails
• Uneven steps
• Inadequate exercise program

Fall injuries can be extremely painful and debilitating and may lead to health complications and even death for an elderly or sick/frail nursing home resident.

Do NOT hesitate to explore your legal options for financial recovery.

Vitamin D reduces falls in nursing homes, review says, McKnight's, January 22, 2010

Related Web Resources:
The Cochrane Collaboration

Vitamin D, MayoClinic.com

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February 1, 2010

Nursing Home Abuse Lawsuit Filed by Four Alleged Victims of Former Teen Nursing Assistants

Four nursing home patients who were allegedly victimized by former certified nursing assistants are suing nursing home operator Evangelical Lutheran Good Samaritan Society and four of the ex-nurse's aides for nursing home abuse and neglect. The alleged elder abuse is said to have occurred over a six-month period in 2008 at Good Samaritan Society of Albert Lea.

Former nursing home workers, Ashton Larson, Brianna Broitzman, Alicia Heilmann, and Kaylee Nash were teenagers at the time. Broitzman and Larson face 21 adult criminal charges, while Heilmann and Nash are charged with juvenile crimes. Two other former nursing workers who were allegedly involved in the nursing home abuse incidents were not named as defendants in the civil lawsuit.

The nursing home negligence complaint accuses the ex-nurse’s aids of prodding, poking, and pinching patients’ nipples, rubbing residents’ crotches, putting fingers in the patients’ mouths until they yelled, placing fingers in residents’ rectums, sitting with naked buttocks on a resident’s lap, simulating sexual activity with a patient, spitting on a resident, and spraying water on a patient. The elder abuse lawsuit claims that the ex- nursing home aides committed intentional emotional distress, civil assault and battery, as well as failed to report the abuse incidents.

The elder abuse complaint is accusing Evangelical Lutheran Good Samaritan Society of negligent retention, management, and supervision of its employees, vicarious liability, indemnification, and strict liability. The alleged victims and their families contend that the nursing home failed to fulfill a number of duties, including making sure that patients were not neglected or abused, providing them with the proper services and care, hiring, keeping, supervising workers in a manner that prevented them from mistreating vulnerable adults, and employing staffers that were competent and capable of doing their jobs.

One of the nursing home negligence lawyers in the case noted that the elder abuse incidents were not isolated events. The nursing home workers allegedly entered patients’ rooms and locked the doors. They would laugh at the victims and record them on video. The nursing home abuse lawsuit is seeking $50,000 for each of the plaintiffs for their injuries, pain, and suffering.

The former assisted living workers are accused of abusing about 15 nursing home residents. Some of these alleged victims have died. Their families may be filing civil lawsuits seeking damages.

Lawsuit alleges ‘systemic failure to exercise proper supervision’, Albert Lea Tribune, January 26, 2010

6 Teens charged in nursing home abuse, Star Tribune, December 4, 2008


Related Web Resources:
Nursing Home Abuse Overview, Justia

Nursing Home Compare, Medicare.gov

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January 30, 2010

Four Danville, Illinois Nursing Homes Disagree with Low Ratings They Received from Medicare

Four Danville, Illinois nursing homes are disputing the 1 star rating they received from the Centers of Medicare and Medicaid Services. The 5-star rating system is used to help families pick the best assisted living facility for their loved ones and rates each nursing home according to staffing, state health inspections, and quality.

The Danville-assisted living facilities who are disagreeing with their low rating are Danville Care, North Logan, Vermillion Manor, and Hawthorne Inn. Only two Illinois nursing homes in Vermillion County—Hopeston Community (4 stars) and Colonial Manor (5 stars)—earned more than two stars.

The nursing homes’ administrators reportedly do not know why they received such low scores. They say that major deficiencies were not cited during state surveys and any weaknesses that are identified are remedied immediately. Also, they pointed out that even if past deficiencies were corrected, they may not be reflected in the ratings right away.

Choosing an Illinois Nursing Home
While it is a good idea to gather as much information as you can about a prospective assisted living facility, nothing compares to personally visiting the nursing home. Granted, it is impossible to be 100% certain that your loved one won’t become a victim of Illinois nursing home abuse or neglect, but you can get a better sense of the conditions of the facility, the involvement of the workers’ with the patients, the type of food that the nursing home offers, and whether or not the residents are generally well-cared for and satisfied with their living accommodations.

Nursing homes dispute low marks, Behavioral Health Central, January 10, 2010

Related Web Resources:
Nursing Home Compare, Medicare.gov

Illinois Department of Public Health

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January 28, 2010

At Least 86 Alleged Chicago Nursing Home Sexual Violence Incidents Investigated by Authorities since July 2007, Reports Tribune

According to a Chicago Tribune investigation, authorities have looked into at least 86 incidents of alleged sexual violence at Chicago nursing homes since July 2007. The alleged incidents of rape and criminal assault involved patient victims and were said to have occurred in about one quarter of the 119 Chicago nursing homes. Nearly all of the 86 cases involved resident assailants—though some of the alleged Chicago nursing home sexual attacks involved attackers who were nursing home workers or visitors. Out of all of these cases, an orderly is the only one who has been arrested.

According to government records, the 30 Chicago assisted living facilities where sexual crimes allegedly occurred were two times as likely to admit mentally ill patients and those with convicted felony records as the nursing homes that did not report such criminal activity. Many of the nursing homes where nursing home sexual violence allegedly occurred had, per the Tribune, “substandard staffing levels.”

It is also interesting to note that although Chicago police documented 27 reports of nursing home sexual assault at city nursing homes over a 1-year period, the state ombudsman’s office only investigated two sex abuse allegations during the same time period.

The fact that so many sexual assault and abuse crimes are taking place in so many Chicago nursing homes is disturbing. Assisted living facilities must not only take care of its patients’ medical and daily needs, but it is also their administrators' responsibility to run a nursing home where the residents’ are protected from becoming the victim of Chicago nursing home abuse, neglect, sexual violence, and other crimes.

Many nursing home patients are too old, frail, or mentally ill to defend themselves from any type of violence. They may be unable to comprehend that they are consenting to someone’s sexual advances. Some patients who suffer from dementia may have a hard time detailing the incidents of an assault crime. Other residents may be too scared to report what happened or may be incapable of speaking out. Meantime, nursing home workers or administrators may attempt to downplay or conceal evidence of a sexual assault crime under their watch because they do not want to deal with the consequences.

Nursing home sexual violence: 86 Chicago cases since July 2007 — but only 1 arrest, Chicago Tribune, January 12, 2010

Related Web Resources:
Illinois Department of Public Health

Nursing homes in Chicago, Illinois

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January 26, 2010

During Sweep of Two Chicago Nursing Homes, Authorities Find 20 Patients with Outstanding Warrants

20 Illinois nursing home residents with outstanding arrest warrants were identified today during a sweep of two nursing homes in the Chicago area. Charges against them ranged from indecent exposure to assault to domestic battery. This was the second sweep conducted by authorities within the last five weeks. The raids occurred at Kenwood Healthcare Center and Rainbow Beach Care Center, which are located on Chicago’s South Side.

These raids were at the behest of Illinois Attorney General Lisa Madigan. Officers from the Cook County Sheriff’s office and Chicago police, in addition to approximately 25 federal marshals, took part in the sweep.

8 people were arrested. Two of the nursing home patients identified were too sick to leave the nursing homes. Nine of the warrants could not be enforced right away because they were issued in other jurisdictions. Police are looking for one fugitive who was not at the nursing home when the raid took place.

State officials and nursing home advocates continue to be concerned about whether Illinois nursing homes can be safe for residents when there are so many younger, mentally ill patients, some of them with felony criminal records, living among the general population in numerous assisted living facilities. As of last month, 3,326 of the approximately 92,225 Illinois nursing home residents were felons.

This dangerous segment of the nursing home patients are a threat to other assisted living patients, especially the older, frailer ones. Some nursing home residents have already become the victims of assault crimes, sexual harassment or assault crimes, and even murder.

Illinois nursing homes are supposed to keep patients with violent tendencies away from the general population and protect them from becoming a danger to themselves or others. You do have the right to sue for Chicago nursing home negligence if you believe that carelessness, neglect, recklessness, nursing home abuse, or inadequate nursing care contributed to your loved one becoming the victim of nursing home violence.

More nursing homes swept for residents wanted in warrants, Chicago Breaking News, January 26, 2010

Related Web Resources:
Lisa Madigan, Illinois Attorney General

Rainbow Beach Care Center

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January 23, 2010

Chicago, Illinois Nursing Negligence: Federal and State Officials Threaten to Shut Down Local Nursing Home Unless Violations Can Be Remedied

The Illinois Department of Public Health and the Centers for Medicare and Medicaid Services are warning Somerset Place nursing home that they will shut it down unless certain safety breaches are quickly remedied. They say the violations place the residents at the Chicago nursing home “in immediate jeopardy.”

The CMS’s warning comes following a 10-probe of the assisted living facility. The federal agency has given the Chicago assisted living facility 23 days to fix the problems. The federal government is fining the nursing home $6,050/day until the remedies are made. Meantime, the Illinois Department of Public Health has started taking steps to revoke Somerset Place’s state license. The Chicago facility is contesting the revocation decision.

A statement issued by Somerset says that its’ well-being continues to be the main priority. Managers at the nursing home are reportedly working hard to fix the deficiencies. The Chicago nursing home specializes in working with mentally ill patients.

In December, some 66 patients with felony criminal records were housed among the Chicago assisted living facility’s 400 nursing home residents. Chicago police investigated multiple cases of alleged physical assault, battery, sexual assault, and drug possession at the nursing home between April 2008 and July 2009.

One nursing home resident, Maratta Walker, was murdered after she wandered off the premise. She was able to prostitute herself and use crack cocaine while living there. Inadequate supervision that allows for violent crimes on the premise or for patients to wander off the property alone can be considered Illinois nursing home neglect.

A nursing home can be subject to citations and fines for committing violations that threaten the safety, health, and well-being of its residents. Residents that have been harmed because of such deficiencies may be able to sue the assisted living facility for Chicago nursing home negligence.

Nursing home faces possible closing, Chicago Tribune, January 20, 2010

Federal Investigators Target Troubled North Side Nursing Home, ChicagoIst, January 9, 2010


Related Web Resources:
Somerset Place, LLC
Chicago Nursing Homes, The City of Chicago

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January 21, 2010

Assisted Living Facility Settles Nursing Home Negligence Allegations for $75,000

Friendship Manor, an assisted living facility, is ordered to pay over $75,000 to settle allegations of nursing home neglect. The fine, imposed after a nursing home resident lost her leg to gangrene and died, was initially $101,250, but the assisted living facility’s owner appealed the original amount.

The patient who died, 89-year-old Ruth Louden, was admitted to Friendship Manor in 2008 after fracturing her ankle during a fall accident. Her stay at the nursing home was supposed to be brief.

Doctors instructed the nursing home to monitor her skin during each shift to look for swelling and redness. Nursing home workers were also supposed to observe the circulation in her leg.

According to state inspectors, Louden complained that she was in a great deal of pain for four weeks. Although nursing home workers gave her medicine to ease her suffering, they allegedly never took off her stocking to check the leg during her entire stay at the facility. A physical therapy aid eventually saw blood coming through Loudon’s stocking and noticed that the leg smelled like it was rotting.

At a hospital emergency room, a doctor saw that Louden appeared to still be using the wound dressing that was placed on her leg the month before. After Louden was diagnosed with gangrene, her leg was amputated.

Following the procedure, Louden’s health got worse. Three months later, she died.

Illinois Nursing Home Negligence
Families of nursing home patients who received poor care while staying at an assisted living facility may be able to pursue Illinois nursing home neglect damages. Other examples of inappropriate nursing care:

• Depriving the patient of a healthy diet
• Not catering meals according to the patient's medical and nutritional needs
• Not cleaning and dressing wounds regularly
• Ignoring a patient's requests or complaints
• Not checking on a nursing resident on a regular basis

Iowa Nursing Home Settles Neglect Allegations for $75K, Claims Journal, January 14, 2010

Grinnell nursing home to pay $75,000, DesMoinesRegister.com, January 13, 2010

Related Web Resources:
Gangrene, eMedicineHealth

Woundcare Information Network, Medicaledu.com

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January 19, 2010

Nursing Home Worker Accused of Stealing Pain Medication Patches from Two Elderly Residents

Police have arrested nursing home worker Andrea D. Markland and charged her with taking pain patches from two patients at the Lutheran Community of Telford assisted living facility. The thefts allegedly took place on January 2. The victims reportedly suffer from chronic, serious pain and the patches were prescribed to them to help alleviate their suffering.

According to police, Markland, who has a drug addiction, cut open the patches so she could swallow the pain medication. She reportedly told investigators that she stole about seven patches.

Ellen Schrager, who is the nursing home’s chief operating officer, told police that a number of patients were missing patches. She says that at first, the nursing home thought the patches had fallen off the residents.

This is not the first time that a nursing home worker in the US has been known to steal a patient’s pain patch. Last July, a woman worked at a nursing home’s laundry room was charged with theft, elder abuse, and drug possession after she took a Fentanyl patch from a resident’s arm on six occasions over a one-month period.

In 2008, a Theresa Kim Smith, a certified nursing assistant, admitted that she stole pain patches from patients in different nursing homes. She is accused of walking into Maryville Nursing Home three times, posing as a nursing home employee, and entering patients’ rooms.

Illinois Nursing Home Negligence
Nursing homes are supposed to protect patients from theft crimes. They are also supposed to make sure that a patient is given the proper medical care at all times. A patient who is deprived pain medication may experience unnecessary pain and suffering.

Police: Woman stole painkilling patches from patients, PhillyBurbs, January 13, 2010

Nurse's aide held in pain-patch thefts in Portland area, Oregon Live, August 22, 2008


Related Web Resources:

Improving Pain Management in Nursing Homes, NLM Gateway

Nursing Home Overview, Medicare.gov

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January 16, 2010

Illinois Governor Pat Quinn’s Nursing Home Safety Task Force Proposes New Reforms to End Violence and Abuse

Tighter criminal background checks and stronger sanctions against safety violations are just two of the reforms recommended by Illinois Governor Pat Quinn’s Nursing Home Safety Task Force. The panel was appointed to come up with a plan to combat Illinois nursing home abuse and patient violence. The broad plan provides a 27-point list of “preliminary recommendations” to be refined in the next few weeks before the governor is presented with a final report.

Other recommendations included:

• Searching nursing homes for patients with outstanding criminal warrants
• Increased minimum staffing requirements so that they match standards noted in federal government studies
• Expand treatment and housing options
• Transfer mentally ill residents to more appropriate treatment facilities
• Hiring more nursing home inspectors
• Retraining current nursing home inspectors about safety and care issues involving mentally ill residents
• More rigorous patient screenings to determine whether a patient is dangerous/has violent tendencies
• Imposing tougher sanctions on nursing homes that don’t complete all screening procedures

Governor Quinn set up the task force after the Chicago Tribune began providing in-depth reports on the deficiencies in nursing care provided at Illinois nursing homes. Not only do many nursing home patients have to cope with inadequate nursing care, nursing home abuse, and nursing home neglect, but patient violence has also been a growing concern—especially because so many mentally ill patients, including those who have criminal histories of violent and sexual crimes, are housed with older and frailer residents. There are more mentally ill adults younger than age 65 living in nursing homes in Illinois than in any other US state.


Chicago Nursing Home Negligence

You may have grounds to sue an assisted living facility for Chicago, Illinois nursing home negligence if your loved one was hurt or died because he/she was attacked by another patient, abused by a nursing home worker, or neglected.

Nursing home safety: Illinois task force proposes sweeping reforms to end violence at troubled sites, Chicago Tribune, January 15, 2010

New recommendations for nursing homes causing controversy, Sun-Times, January 14, 2010


Related Web Resources:
Nursing Home Safety Task Force

Illinois Department of Public Health

Illinois Department of Aging

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January 13, 2010

Illinois Nursing Home Negligence Lawsuit Blames Assisted Living Facility for Resident’s Bathtub Drowning Death

The brother of Christopher Halley has filed a wrongful death lawsuit accusing Community Living Options of Illinois nursing home negligence. Joseph Halley is seeking over $50,000 for the drowning death of his brother in a nursing home bathtub while he was a resident at Edwardsville Terrace.

Christopher was mildly retarded. Although he didn't have to be monitored all the time, Christopher had epilepsy and was known to have seizures. The 46-year-old died from drowning because of a seizure after he spent about four hours alone in a bathtub on April 26, 2009.

A nursing home aid reportedly saw Christopher go into the bathroom at around 7:30am. When she went to look in on his roommate at around 11:24am, she realized that Christopher was missing. By the time the nursing home discovered Christopher in the tub, which was full of water, rigor mortis had set in.

Joseph is alleging Illinois nursing home neglect, inadequate supervision, failure to provide round-the-clock nursing care, failure to create a nursing plan that met Christopher's care needs, failure to run a home that was in compliance with federal and state laws, failure to properly supervise nursing home residents with special needs, and failure to provide the services that should have ensured Christopher’s well-being.

Seizures
A New York Times article published in 2003 talks about the growing evidence that having a seizure can lead to more seizures, which can actually be dangerous. About 10 -15 out of 10,000 patients with severe epilepsy die annually. Seizures can also prove catastrophic if the person has one while swimming or floating in a body of water or strikes his/head on the ground or another hard surface after falling.

Illinois nursing homes are responsible for providing a plan for each patient that takes into account any health issues so that the resident gets the best care possible to ensure his/her well-being and best health while staying at the assisted living facility. Failure to provide this duty of care can be grounds for an Illinois nursing home negligence lawsuit.

Suit claims Edwardsville Terrace failed to prevent resident's drowning, The Record, January 7, 2010

Man who drowned at group home had been in tub for hours, The Telegraph, July 15, 2009

Mounting Data on Epilepsy Point to Dangers of Repeated Seizures, NY Times, February 18, 2003

Related Web Resources:
Nursing Homes in Illinios

Illinois Nursing Home Care Act

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January 11, 2010

Chicago Nursing Home Negligence?: Federal Investigators Target North Side Assisted Living Facility That Housed 66 Felons

Investigators from the Centers for Medicare & Medicaid Services are conducting a special audit and probe of Somerset Place, a North Side nursing home, following complaints by a local lawmaker and reports published in the Chicago Tribune. The North Side assisted living facility, which specializes in mentally ill adults, has received numerous citations for violations regarding patient safety, and the Chicago police has reportedly investigated 15 alleged batteries and assaults, 5 narcotics possession reports, and 5 cases of criminal sexual that reportedly took place inside the nursing home between April 2008 and July 2009.

Neighborhood groups are even complaining that the dangerous activity at Somerset is beginning to spill into the community. One Somerset patient, Maratta Walker, was murdered four months after she was admitted to the assisted living facility.

Walker, who suffered from a seizure disorder and was mentally ill, wasn’t allowed to leave the Chicago nursing home unless she was supervised. Yet she managed to get out of the facility, prostitute herself for money and use crack cocaine. The man charged with her murder, Edward Gibson, is a bank robber that she met while wandering the streets. The two of them allegedly spent days drinking, using heroin, smoking crack, and having sex prior to her fatal beating.

Chicago Nursing Home Negligence
In the last several months, lawmakers have been investigating the dangers that can arise when housing dangerous mentally ill patients with other nursing residents. They are also examining whether or not Illinois assisted living facilities are even equipped to give mentally ill residents the care and supervision that they need to keep them and other patients safe.

The growing evidence that the current system is not working can no longer be denied. Too many residents are getting hurt or dying as a result of Chicago nursing home neglect and nursing home crimes committed by violent patients.

North Side nursing home the target of federal investigation, Chicago Tribune, January 10, 2010

Woman found dead at motel identified, ABC 7 News, May 26, 2008

Related Web Resources:
Centers for Medicare & Medicaid Services

Somerset Place

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January 8, 2010

Advocacy Group Wants to Fight Illinois Nursing Home Abuse with Tougher Rules on the Use of Anti-Psychotic Drugs as Chemical Restraints

A nursing home resident advocates group, Illinois Citizens for Better Care, wants the state to impose tougher laws and rules regarding the use of anti-psychotic drugs on elderly residents as chemical restraints. According to the Chicago Tribune, there are many nursing home patients who are being harmed because of they were administered these powerful drugs.

While the Food and Drug Administration has approved anti-psychotic meds to treat schizophrenia and other mental illnesses, doctors can prescribe these drugs for “off-label” use. This can prove fatal, as evidenced by the deaths of three nursing home patients who were chemically restrained. The nursing home director at the assisted living facility is accused of over-drugging residents that annoyed her. Some of the patients were forced down so they could be chemically sedated. Elder abuse charges have been filed.

It is wrong to restrain a nursing home resident as a form of punishment or as a cost cutting measure. There are strict guidelines that a nursing home must abide by to determine when any kind of restraint is appropriate.

According to a recent study, about 144,000 dementia patients are given anti-psychotic drugs without just cause in the United Kingdom. Over-drugging kills about 1,800 elderly patients and nearly as many stroke victims. In the United States, the FDA attributes approximately 15,000 nursing home fatalities to unnecessary antipsychotics.

Our Chicago, Illinois nursing home negligence lawyers do not tolerate abuse of any kind. We are known throughout DuPage County, Cook County, Will County, and Lake County for helping nursing home victims and their families obtain financial recovery from negligent nursing homes.

Tighter rules sought for anti-psychotic drug use in nursing homes, Chicago Tribune, December 20, 2009

Chemical restraints killing dementia patients, Guardian.co.UK, November 12, 2009

Related Web Resources:
Illinois Citizens for Better Care

Governor Pat Quinn's Nursing Home Safety Task Force

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January 7, 2010

Hispanic Elderly Patients Receive Poorer Nursing Home Care than White Residents, Says Brown University Study

According to new research from Brown University, the number of older Hispanic people living in assisted living facilities has grown. However, compared to Caucasian nursing home residents, elderly Hispanic patients are more likely to stay in facilities were the quality of care is poorer. These nursing homes usually have staffing issues and financial problems.

More about these new findings can be found in the January 2010 issue of Health Affairs. Professor Mary Fennell, the sociology and community health professor who led the research, says the most shocking discovery was the difference in quality of care provided at assisted facilities that house primarily white residents compared to nursing homes that take care of a mix of Hispanic and Caucasian patients.

Fennell notes that unlike in the past when most Hispanic families would take care of their own seniors at home, financial issues and acculturation have led to an increase in the number of Hispanic elderly people now living in US nursing homes. In 2005, Hispanic nursing home patients made up 6.4% of the assisted living facility population. They made up just up 5% of US nursing home residents in 2000.

The Hispanic nursing home residents that end up living in nursing homes where the quality of care is poorer usually come from lower socioeconomic backgrounds. This is unfortunate, as inadequate nursing care can lead to Chicago nursing home abuse, Illinois nursing home neglect, deteriorating health, nursing home bedsores, malnutrition, dehydration, malnutrition, fall injuries, wandering-related accidents, and death.

Hispanic Elderly More Likely Than Whites To Live In Inferior Nursing Homes, Medical News Today, January 7, 2010

Elderly Hispanics More Likely To Reside In Poor-Quality Nursing Homes, Fennell et al. Health Affairs.2010; 29: 65-73, Health Affairs, January 2010


Related Web Resources:
Nursing Homes in Illinois

Elder Abuse in Nursing Homes, Nolo

Continue reading " Hispanic Elderly Patients Receive Poorer Nursing Home Care than White Residents, Says Brown University Study" »

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January 4, 2010

$19 Million Nursing Home Neglect Verdict Awarded to Family of Patient who Sustained Over 20 Bedsores

A jury has awarded the family of John Danzy $19 million for nursing home neglect. The 176-year-old sustained over 20 bedsores during his nine months at Brooklyn Queens Nursing Home.

According to his daughter, Margaret Whitehurst, her father weighed 237 pounds and could walk on his own with the help of a cane when they admitted him to the assisted living facility. By the time they pulled him out of the nursing home, there were “holes all over his body” and he weighed 148 pounds. Danzy suffered from Alzheimer’s.

Whitehurst and her siblings transferred their father to another assisted living facility where he died six months later, in November 2003, from an infection caused by the bedsores.

Danzy’s family was awarded $15 million for punitive damages and $3.75 for his pain and suffering. The punitive damages are partially a result of allegations that the nursing home resident touched up its records in an attempt to conceal the nursing home neglect.

During testimony, an FBI expert said that someone had gone over approximately 100 skin-check notes that received “G” ratings for good and replaced them with “B”’s, for broken, to make it appear as if the facility had not overlooked Danzy’s nursing home bedsores.

The nursing home is accused of leaving Danzy unattended for long periods of time while he was restrained to prevent him from wandering off. Per medical standards, he should have been moved every two hours so that pressure sores wouldn’t develop on his body. Instead, the nursing home is accused of moving him every four hours or waiting even longer to do so.

Nursing Home Bedsores
There are regulations and procedures that assisted living facilities must follow to prevent nursing home bedsores from developing on a patient. Many of these steps are easy to follow. If detected immediately, a pressure sore usually can easily be treated. It is when a bedsore goes untreated that serious complications can arise.

A person shouldn’t have to die because a nursing home neglected to treat his/her decubitus ulcers. The nursing home resident can sue a facility for nursing home neglect.

NYC Nursing Home to Pay $19M in Damages for Patient Neglect, Fox News, December 28, 2009


Related Web Resources:
Bedsores, Mayo Clinic

Medicare

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December 31, 2009

Wrongful Death Lawsuit Alleges that Illinois Nursing Home Neglect Led to Improper Pressure Sore Care

Theresa Steiner’s relative is suing an Illinois nursing home for wrongful death. Steven Streiner says Caseyville Nursing and Rehabilitation Center’s failure to properly treat Theresa’s nursing home bedsores, which caused her sepsis and subsequent death.

The Illinois nursing home admitted Theresa as patient on December 12, 2008. She had a pressure sore on each heel. On her buttock, she had 3 stage II pressure sores.

When she was discharged from the assisted living facility and admitted to a hospital on December 19, 2008, there were a number of sores on her heels and the decubitus ulcers on her buttocks had turned into stage IV bedsores.

The Illinois nursing home neglect complaint contends that as a result of the pressure sores, Theresa developed sepsis. She died on January 7, 2009.

Sepsis
Sepsis is a serious illness that involves an infection in the bloodstream. People with injuries, wounds, or compromised immune systems and those who use catheters have a higher risk of developing sepsis.

Prior to her passing, Steven says Theresa experienced suffering, pain, loss of dignity, emotional trauma, and mental anguish. He is claiming Illinois nursing home negligence, including the alleged failure to properly screen her before admitting her as a nursing home resident, failure to develop a proper care plan for treating Theresa’s decubitus ulcers, failure to hire a proper wound care nurse, failure to notify her doctor that the pressure sores were getting worse, and failure to establish the proper policies regarding pressure sore care.

Steven is seeking over $300,000 in damages plus related costs. The defendants named in the Illinois nursing home negligence lawsuit are Caseyville Property and Caseyville Nursing and Rehabilitation.

Bedsores
Nursing homes must have the proper care plan for treating a patient’s pressure sores. Failure to provide that care can turn what should be a treatable condition into a serious injury that can turn fatal and can be grounds for an Illinois nursing home neglect or wrongful death lawsuit.

Nursing home blamed for resident's sepsis, Madison Record, December 7, 2009


Related Web Resources:
Sepsis, Medline

Pressure Sores, Mayo Clinic

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December 30, 2009

Jury Awards $7.75 Million Nursing Home Abuse Verdict After 71-Year-Old Patient Assaulted by Facility Employee

A jury has awarded $7.75 million to the family of Maria Arellano, a 71-year-old stroke patient for nursing home abuse: $5 million is for punitive damages and $2.75 million is for actual damages.

Arellano’s family set up a hidden camera after management at the Fillmore Convalescent Center allegedly ignored their complaints that the elderly woman had unexplained bruises. According to the plaintiffs’ nursing home abuse lawyer, footage shows nursing home worker Monica Garcia pulling Arellano by the hair, slapping her, bending her wrists, fingers, and neck, and violently handling her while she is seated in a shower chair.

Garcia pleaded no contest to simple battery. Arellano continues to stay at the assisted living facility.

Another stroke victim from the same nursing home, 83-year-old Daniel Sanchez, was also the alleged victim of elder abuse. His family says they too saw evidence of hair pulling and bruising. Their nursing home abuse lawsuit is scheduled to go to trial in 2010.

Elder Abuse
It his horrible that older and physically vulnerable nursing home residents continue to be easy targets for abusive nursing home workers and patients with violent tendencies. Nursing home workers and the facilities that employ them can be held liable for Chicago, Illinois nursing home abuse, neglect, and/or negligence for allowing nursing home violence to occur at their facilities. Nursing home facilities should take abuse and neglect allegations seriously and make sure that they take action to stop the violence.

Examples of abusive acts committed by nursing home workers:

• Biting
• Scratching
• Punching
• Slapping
• Inappropriate restraints
• Unnecessary pharmaceutical restraints
• Rape
• Sexual assault
• Molestation
• Murder
• Emotional abuse
• Physical abuse

$7.75 million awarded in abuse case, Ventura County Star, December 11, 2009

$7.75 Million lawsuit settled with Fillmore Convalescent Center, Fillmore Gazette, December 23, 2009


Related Web Resources:
Nursing Homes, AARP

Medicare.gov, Nursing Homes

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December 29, 2009

Raids of Two Chicago Area Nursing Homes Uncovers at Least 18 Residents with Outstanding Felony Arrest Warrants

Last week, US, Illinois, and Cook County officials entered two Chicago area nursing homes to identify 18 residents with outstanding arrest warrants for felony crimes ranging from disorderly conduct to assault. Five people were arrested. One of them was a sex offender who failed to register in another US state. Three of the patients identified were too sick to be removed from their nursing home. Other warrants could not be enforced right away because authorities from other jurisdictions had issued them.

Nine of the Chicago nursing home patients with outstanding warrants were staying at Columbus Park Nursing & Rehabilitation Center. The other nine were residents of the Heather Health Center in Harvey. Authorities say there are three more nursing home patients with outstanding arrest warrants living in Somerset Place.

According to state records, the two Chicago area nursing homes involved in the sweep are home to a significant number of younger mentally ill residents and felons. As of December 10, 32 of the patients residing at Columbus Park were felons. 62 were diagnosed as suffering from a mental illness. 123 of the193 nursing home patients were younger than 65. At Heather Health Center, there were 32 felons residing in the Harvey nursing home on December 10. 49 patients were mentally ill. 58 out of 108 residents were younger than 65.

Illinois officials continue to remain concerned over the number of nursing home residents that are hurt by younger nursing home residents who are mentally ill and/or have violent tendencies. Patient violence can be grounds for Chicago, Illinois nursing home negligence if the assisted living facility could have acted otherwise to prevent the physical assault, sexual assault, or murder from happening.

This is not the first sweep of this kind involving Illinois nursing homes. According to the Chicago Tribune, Illinois State Police removed about 80 sex offenders and fugitives from 20 Northern Illinois assisted living facilities between January 2005 and June 2006. Following that sweep, there was a nearly 67% drop in the number of Illinois nursing home neglect and abuse complaints filed.

Illinois nursing homes are supposed to provide its residents with medical attention, nursing care, and physical protection from injury accidents and violent crimes.
Nursing home sweeps find 18 residents with outstanding warrants, Chicago Tribune, December 23, 2009


Related Web Resources:
Madigan Calls for Tougher Safeguards at Nursing Homes, Lisa Madigan, October 8, 2009

Compromised Care, Chicago Tribune

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December 23, 2009

Illinois Nursing Home Negligence Lawsuit Claims Blood Thinner Caused Former Patient to Experience Massive Rectal Bleeding

The lawyer for a former Rosewood Care Center nursing patient claims his client experienced massive rectal bleeding and her health deteriorated significantly because nurses gave the woman a blood thinner. According to the Illinois nursing home negligence complaint, nursing home workers gave Ann Matikitis 4 milligrams of Coumadin on September 24, 2008 even though her doctor said the prescription should be held following an elevated PT/INR lab result.

Matikitis’s lawyer says that the nursing home resident suffered massive rectal bleeding and was hospitalized because she was administered the blood thinner. The Illinois nursing home negligence attorney also says the assisted living facility and its employees neglected to properly consult with the patient's doctor about her deteriorating health, did not report the medication mistake in a timely manner, failed to follow the doctor’s orders, did not properly document the care that she did receive, neglected to record her reaction to the drug, and violated its own residential care policies.

Medication Mistakes
A blood thinner is an anticoagulant that prevents blood clots from forming. They can be used to treat a number of conditions, such as heart disease, atrial fibrillation, and pulmonary embolism. This is not the type of prescription drug that allows for a lot of leeway in terms of dosage errors and should be taken only per the doctor’s orders. A blood thinner overdose can cause serious bleeding, leading to health complications and even death.

Illinois nursing home workers must follow the doctor’s orders for treating each patient. One mistake, such as forgetting to give a resident his/her scheduled medication, not following the resident’s care plan, or ignoring dietary restrictions or feeding directions can cause injury, deterioration of health, and death. Residents that have experienced nursing home abuse or neglect can sue for personal injury.

Nursing home sued over blood thinner, The Record, December 20, 2009

Family files lawsuit against nursing home, The Edwardsville Intelligencer, December 22, 2009


Related Web Resources:
Warfarin and Other Blood Thinners for Heart Disease, WebMD

Nursing Home Overview, Medicare

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December 20, 2009

Inspections of Illinois Assisted Living Facilities Leave State Officials Disappointed

According to the Chicago Tribune, Illinois officials were dismayed at some of the assisted living facilities in the state. The officials shared their findings with the Nursing Home Safety Task Force, which was set up by Illinois Governor Pat Quinn.

The Illinois nursing homes were reportedly crowded with lots of mentally ill residents who did not appear to be getting the proper care. Some of the officials wondered whether these patients should be living in Illinois nursing homes.

For example, according to Lorrie Rickman Jones, the Division of Mental Health Director, nearly 80% of the patients living at one nursing home had a mental illness that facility administrators categorized as a “secondary diagnosis.” Jones was not convinced that these patients’ medical conditions warrant that they stay in an assisted living facility.

The Chicago Tribune notes that the classification of a nursing home patient’s condition is very important, because if more than 50% of a nursing home’s beds sleep residents that are exclusively mentally ill, the federal government will cease reimbursing Illinois for he nursing home care provided by that facility.

Chicago, Illinois Nursing Home Negligence

In Illinois, the debate over whether it makes to house mentally ill patients with elderly residents or patients that are sick from other health conditions continues. The reason for concern is that violent crimes at nursing homes involving mentally ill assailants and resident victims continue to occur. Nursing homes can be held liable for Illinois nursing home neglect if they fail to protect residents from becoming victims of nursing home abuse.

Nursing home inspections stun state officials, Chicago Tribune, December 17, 2009

Related Web Resources:
Illinois Department of Human Services

Illinois Division of Mental Health

Nursing Home Safety Task Force

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December 17, 2009

Nursing Home Violence: 98-Year-Old Resident Indicted for Murder of 100-Year-Old Roommate

98-year-old nursing home resident Laura B. Lundquist has been indicted for the murder of Elizabeth W. Barrow, her 100-year-old roommate. Lundquist is charged with second-degree murder. The two nursing home residents lived at the Brandon Woods nursing home.

Barrow was found dead in her bed last September. She had a plastic bag over her head. While suicide was investigated as a possible cause of death, the Chief Medical Examiner’s Office declared her death a homicide by manual strangulation.

Barrow’s son, Scott, claims that Lundquist had verbally harassed and threatened his mother, as well as complained about her roommate’s visitors. He also claims that the 98-year-old woman accused his mom of taking items from her.

Scott says he asked nursing home officials to separate the two residents but they told him the two women were getting along fine. Brandon Woods said the two women were offered the opportunity to change rooms but they both refused.

On Friday, a Superior Court judge ordered Lundquist to undergo a 20-day competency evaluation before she is arraigned.

Nursing Home Negligence
Nursing homes are responsible for keeping residents safe. This means keeping patients with violent tendencies away from other residents.

Meantime, Governor Pat Quinn's Nursing Home Safety Task Force continues to examine ways to curb nursing home violence between residents, which has proven deadly for a number of victims. There are steps and procedures that Illinois assisted living facilities can follow to keep residents from becoming the victims of violent crimes. Failure to do so can be grounds for a Chicago, Illinois nursing home negligence lawsuit.

Roomate, 98, indicted for murder in 100-year-old woman's nursing home death, SouthCoastToday, December 11, 2009

Mass. Woman, 98, Accused of Killing Roommate, 100, ABC News, December 11, 2009


Related Web Resources:
Nursing Home Safety Task Force

Nursing Homes, Medicare

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December 16, 2009

Nursing Home Negligence: Illinois Officials Looking at Tougher Sanctions Against Nursing Home Administrators

Illinois’ Department of Financial & Professional Regulation is in talks with the Nursing Home Safety Task Force about imposing tougher disciplinary sanctions on nursing home administrators in the event that a patient is injured at an assisted living facility or other forms of nursing home negligence occur.

The IDFPR is tasked with licensing nursing home administrators and other professional staffers. It is the job of nursing home administrators to direct, plan, and oversee nursing home operations. However, sanctions can only be imposed upon administrators that were directly involved in an act of wrongdoing.

Despite reports of numerous nursing home violations and patient injuries and deaths, no nursing home administrator licenses have been revoked since 2005. 587 complaints have been made about nursing home administrators since then. Department of Public Health inspectors have made 407 of complaints. Disciplinary action has supposedly been taken against only 20 administrators, but the Chicago Tribune was only able to find records to document disciplinary measures against 12 administrators. Disciplinary measures included reprimands, fines of up to $1,500, and suspensions.

Nursing home negligence is a serious matter and if you believe your loved one is a victim is being ignored, verbally abused, sexually assaulted, not being properly bathed or fed, exposed to violent residents, or is being abused or neglected in any other way, our Chicago nursing home neglect lawyers recommend that you remove your loved one from the Illinois assisted living facility immediately.

The frequency of incidents involving nursing home abuse, nursing neglect, and violent nursing crimes against residents has escalated to the point that state lawmakers are taking more proactive measures to protect nursing home residents from becoming victims of abuse, neglect, and other violent acts. However, lawmakers still have a long way to go.

Illinois weighing tougher sanctions for nursing home administrators, Chicago Tribune, December 13, 2009

Nursing home heads rarely disciplined, Chicago Sun-TImes, December 12, 2009

Related Web Resources:
Department of Financial & Professional Regulation

Nursing Home Safety Task Force, Illinois.gov


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December 15, 2009

Chicago Nursing Home Patient Now Charged with Murder of Fellow Resident

Authorities are now charging Ardyce Nauden with first-degree murder. The 62-year-old Chicago nursing home resident was at first charged with aggravated battery of a senior citizen and attempted first-degree murder for allegedly punching a fellow resident on August 21. However, the victim, 72-year-old Andres Cardona, died on September 18. The two men resided at Columbus Park Nursing Center, an assisted living facility on the West Side. Cardona was in his wheelchair when the Chicago, Illinois nursing home assault incident happened.

Nauden, who authorities call a psychotic felon and has a history of aggressive behavior and drug convictions, is accused of using a closed fist to hit Cardona. He thought the other resident was stealing his food. Cardona was knocked unconscious. Earlier this month, the Cook County Medical Examiner’s Office ruled the 72-year-old’s death a homicide.

An investigation by Illinois health officials determined that although nursing home workers at Columbus Park documented Nauden’s aggressive and violent actions, they neglected to protect the other residents from him.

According to the Chicago Tribune, the Illinois Department of Public Health reports that two other alleged assaults, in addition to the Cardona assault, occurred at Columbus Park over a 90-day period. This figure is very different from the 11 alleged beatings that Chicago police say took place at the Chicago nursing home over the same time period.

Nursing Home Negligence
It is appalling that there are elderly and sick nursing home residents who have been assaulted, raped, or killed while staying at Chicago nursing homes because they were not protected from other patients who are mentally ill and/or who have violent tendencies. Moving into a nursing home should make a patient’s life better, not place them in harm’s way.

1st-degree murder charges in nursing home death, Chicago Breaking News, December 15, 2009

Cops: nursing home resident charged with murder, Sun Times, December 15, 2009


Related Web Resources:
Illinois Department of Public Health

Learn how to request police records on potential crime at nursing homes, Chicago Tribune

Continue reading "Chicago Nursing Home Patient Now Charged with Murder of Fellow Resident" »

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December 13, 2009

2 Nursing Assistants and 1 Nurse Indicted for Nursing Home Abuse and Neglect

Three people have been indicted for alleged nursing home neglect. The defendants are nurse Barbara A. Moore and certified nursing assistants Melissa L. Lyon and Destiny W. Duncan. They are each indicted on one count of abuse/neglect of an adult. If convicted, each woman could end up serving up to 10 years in prison.

According to the indictments, Lyon transferred the victim, a nursing home resident, into a bed. She performed a single-person lift when the patient’s care plan required a two-person lift. As a result, the nursing home patient sustained a leg fracture.

Lyon and Duncan are accused of covering up the incident, while Moore is accused of neglecting to notify the patient’s relatives or doctor. The nurse also allegedly failed to check on the resident, which caused the victim to experience prolonged pain and suffering.

Nursing Home Negligence
Some nursing home patients need someone to assist them when getting in and out of a bed. A resident’s care plan may have specific instructions as to how to properly do this. Failure to provide the proper care or assistance when moving a patient can result in serious injuries if the patient falls, or slips, or is hurt in another way.

Following a patient’s care plan is imperative to ensure that he or she gets the needed attention and services Failure to provide this care or providing this care inappropriately can be grounds for nursing home abuse or neglect. Some other examples of inappropriate nursing care:

• Not paying attention to a patient’s concerns or complaints
• Not giving a patient ample opportunity to socialize or exercise
• Not properly feeding a resident
• Not properly bathing a resident
• Failure to provide proper assistance (when required) when a patient is getting in and out of bed or going to the bathroom

Three Indicted In Alleged Incident At Logan Co. Nursing Home, MSNBC, December 2, 2009

1 Nurse, 2 Caretakers Indicted For Patient Neglect, Kentucky Post, December 2, 2009


Related Web Resources:
National Center on Elder Abuse

Elder Abuse in Nursing Homes, NOLO

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December 12, 2009

Joliet Nursing Home Ordered to Pay $51,000 After Bedsore Contributes to Patient’s Illinois Wrongful Death

A jury has awarded the family of Catherine Taylor $51,000 for the nursing home neglect that caused her to develop a huge bedsore that contributed to her death. Taylor was 88 when she died in December 2004.

She lived at the Joliet nursing home in July and August of that year. On August 19, the nursing home resident was hospitalized and underwent surgery to remove an enormous bedsore that her family's Will County nursing home neglect lawyer says was a hole as big as his fist. She also received treatment for bone infections that occurred while she was confined to her bed and exposed to her own bodily fluids. Her family contends that the nursing home bedsore was contributing factor in her Will County wrongful death.

Bedsores
Bedsores can lead to infection, gangrene, fever, muscle tone loss, contusions, clotting, and death. Also called decubitus ulcers, pressure ulcers, or pressure sores, they can develop on the parts of a patient’s body that experiences sustained pressure.

Bedsores can occur when from staying in the same position for a period of time, such as when a patient who is confined to a chair, bed, or wheelchair cannot move without help and the nursing home workers neglect to provide that assistance. Bowel or bladder control problems, which causes urine, perspiration, urine, or stool to irritate the skin, and dehydration or malnutrition can also contribute to causing bedsores.

Nursing home workers are supposed to make sure that patients are turned regularly, bathed, cleaned, and dried properly, changed on a regular basis, and given sufficient food and drink. They can be held liable for Will County, Illinois nursing home neglect if failure to provide the proper care causes a patient to sustain bedsores and other related complications. Bedsores are preventable.

Jury faults nursing home in neglect case, Suburban Chicago News, December 2, 2009

Bed Sores -- The Basics, Bedsores.org


Related Web Resources:
Nursing Home Safety Task Force

Compromised Care, Chicago Tribune

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December 11, 2009

Illinois is US State with Most Unsafe Nursing Homes for Blacks, Says Chicago Reporter

The Chicago Reporter says that its analysis of information from the US Government Accountability Office shows that Illinois has more unsafe black nursing homes than any other US state. The GAO lists the nation’s 580 most dangerous nursing homes. The assisted living facilities were selected based on the most current inspection survey findings since December 2008.

According to The Reporter, 53 of the 580 nursing homes had primarily black residents. 12 of the black nursing homes are located in Illinois. Also, out of the state’s 51 primarily black assisted living facilities, 24% of the nursing homes are included on the federal list for the facilities with the worst records for safety. Only 5% of Illinois’s 685 primarily white assisted living facilities are on the list.

Nationally, according to The Reporter, black nursing homes make up 10% of the government’s unsafe assisted living facility list—even though they comprise just 5% of US nursing homes. Locally, almost 7 out of 30 Chicago nursing homes fall under the most dangerous assisted living facilities in the US list:

• All Faith Pavilion
• Alden Wentworth Rehab and Health Care Center
• Belhaven Nursing and Rehab Center
• Avenue Care Center
• Renaissance Park South
• Rainbow Beach Care Center
• South Shore Nursing and Rehab Center

None of the 45 primarily white Chicago nursing homes make the list.

Nursing Home Neglect and Abuse
As the loved one of a nursing home resident, it is important that you remove your loved one from a facility as soon as possible if you suspect that Illinois nursing home abuse or neglect is taking place. Nursing home negligence can seriously harm a patient and make his or her condition worse. Infected bedsores, physical injuries, trauma from sexual assault, severe malnutrition or dehydration, broken bones from fall accidents, and death are just some of the awful consequences.

Illinois leads nation with most unsafe black nursing homes, Chicago Reporter, December 2, 2009

Related Web Resources:
US Government Accountability Office

Nursing homes in Illinois

Continue reading "Illinois is US State with Most Unsafe Nursing Homes for Blacks, Says Chicago Reporter" »

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November 29, 2009

Nursing Home Negligence and Medical Malpractice are Cited as Causes for Injury Lawsuit

The person who was given power of attorney over nursing home patient Ursula Gerencir has filed a personal injury lawsuit accusing a number of plaintiffs of medical malpractice and nursing negligence. The defendants in the lawsuit include Heartland Employment Services, Health Care and Retirement Corporation of America, HCR Manor Care Services, Manor Care, 8 unidentified entities and 10 unnamed individuals.

Lora Jarrell says the defendants accelerated the patient’s physical deterioration, which involved a number of emotional and physical traumas (congestive heart failure, falls, malnutrition, and medication diversion). As a result of the patient’s injuries, Jarrell contends that Gerencir suffered the loss of personal dignity and experienced unnecessary pain, anguish, degradation, disfigurement, hospitalizations, and emotional trauma.

Jarrell says the nursing home and other entities owed Gerencir a duty of care to act as reasonably prudent assisted living administrators and prevent foreseeable injuries. She contends that better communication with the departments that handled patient diets, nursing, housekeeping, maintenance, therapy, and social services should have taken place.

Chicago Nursing Home Negligence
Nursing home patients can sue for nursing home neglect or abuse if an assisted living facility allows patient neglect or abuse to happen. Unfortunately, there are serious oversights in nursing home care that continue to happen throughout Chicago, the rest of Illinois, and elsewhere in the US, and the residents are the one whose health and well-being suffer.

Not only is it important that you remove your loved one from an abusive or neglectful situation immediately but you may be able to hold the facility and its workers liable for Chicago nursing home neglect or abuse.

Woman sues nursing home, others for malpractice, negligence, The Record, November 3, 2009


Related Web Resources:
Illinois Nursing Home Care Act

Nursing Home Abuse Overview, Justia

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November 25, 2009

Nursing Home Abuse: Worker Charged with Force Feeding Patient

Police have charged a nursing home worker with allegedly force-feeding a female resident. They say that Alemayehu Seboka Abdi put his hand on the patient’s head and forced food into her mouth. He also is accused of laughing about the incident while recounting what happened. The alleged nursing home abuse incident took place at Homeward Bound Group Home in Maple Grove.

The victim has cerebral palsy and is mentally retarded. The woman reportedly indicated by nodding her head that she did not want to eat, yet Abdi allegedly took her outside the building, pushed her head back, and forced spoonfuls of food into her mouth even though she has swallowing problems. He also did not dress the woman in warm clothing before taking her outside, exposing her to the cold weather. Another nursing home worker recorded the incident on cell phone video.

The Health Department interviewed the victim, who let them know that she was angry, upset, and scared about what happened. The CEO of the assisted living facility is calling the incident an isolated one.

While nursing home patients must eat and drink in order to stay healthy, this does not give nursing home workers the right to use physical force to them or treat them in a way that violates their rights or harms them in any way. There are safer, approved ways to make sure that a resident gets the nutrients that he or she needs.

Nursing Home Abuse
Abuse of any kind is always harmful even when employed in the guise of “helping” a patient "for their own good.” There are regulations and laws that nursing home workers must follow when taking care of residents. Unfortunately, nursing home abuse continues to be a huge problem in many assisted living facilities throughout the United States and the patients are the ones whose physical health and emotional well-being suffer.

Force Feeding Charges at Maple Grove Nursing Home, My Fox, November 19, 2009

Nursing Home Abuse, Justia


Related Web Resources:
Nursing Homes, Medicare

Illinois Nursing Home Care Act

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November 23, 2009

Illinois Nursing Home Negligence Alleged in Wrongful Death of Resident Who Was Given Drug that Caused Her Skin to Peel Off

A woman is suing 17 defendants for the Illinois wrongful death of a Cahokia nursing home patient. According to Rosetta Helms, nursing home patient Earlene Taylor died after suffering from an allergic reaction to a drug she took that caused more than half of her skin to peel off. Since 1996, Taylor had been a resident at River Bluffs Health Care and Rehabilitation Center of Cahokia and the facility’s successor, Atrium Health Care and Rehabilitation Center of Cahokia.

Helms is accusing the two nursing homes of Illinois nursing negligence. She contends that nursing home workers should have known that Taylor had certain allergies, including an allergy to Sulfonamide. Taylor was given Bactrim, which contains Sulfonamide, from November 16 – 20, 2007. The nursing home resident had just returned from a stay at Kenneth Hall Hospital, which is also a one of the lawsuit defendants. Doctors at the hospital are the ones who prescribed Bactrim for the nursing home resident.

Helms’ Illinois wrongful death lawsuit says that the negligent actions and omissions caused Taylor’s allergic reaction. Large open areas showed up on her body, and parts of her skin blistered, sloughed off, or “tented.” She also sustained lesions and experienced whole body erythema. As a result of Taylor’s condition, Helms contends that the nursing home resident experienced serious pain and suffering. Taylor died on November 24, 2007.

The other defendants of the Illinois wrongful death lawsuit are Kenneth Hall Medical Group, Omnicare, Medicate Pharmacy, Southern Illinois Regional Wellness Center, Dr. Benedicta Umora, Home Pharmacy Services, LPN Ruth Luchett, Southern Illinois Health Care Access, Touchette Regional Hospital, RN Lanorris Yates, LPN Natasha Turner, LPN Kimberly Fowler, LPN Susan Brown, and LPN Jennifer Simpson.

Helms is seeking over $1.9 million for Taylor’s wrongful death.

Drug caused woman's skin to peel off, suit seeks $1.9 million, The Record, November 17, 2009

Medical Malpractice, Nolo

Related Web Resources:
Bactrim, Drugs.com

Nursing Homes in Illinois

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November 20, 2009

Illinois Nursing Home Negligence Lawsuit Blames La Salle County Assisted Living Facility For Alleged Sexual Abuse by Male Resident

The La Salle County Nursing Home is the defendant in another Illinois nursing home negligence lawsuit alleging that a resident was the victim of sexual abuse. Marilyn Wig is the guardian of the victim and she wants a minimum of $100,000. Her Illinois nursing home neglect lawsuit contends that workers at the facility allowed a male patient to have contact with the victim.

Illinois health officials have accused the man of sexually molesting several female patients. The alleged assailant was later transferred to a psychiatric facility.

This is the second La Salle County, Illinois nursing home negligence lawsuit filed against the assisted living facility over this male resident’s sexual activities between January 17 and May 26, 2009. Henry Elzer is suing the Illinois assisted living facility for at least $250,000 because he claims the home failed to protect his relative from sexual abuse.

Illinois officials have been hard at work trying to figure out a way to solve the dangerous dilemma caused by housing mentally ill patients with other nursing home residents. Unfortunately, there have been a number of incidents involving mentally ill patients sexually assaulting, physically assaulting, and murdering other residents.

One reason these types of crimes have been able to happen is that the background checks conducted on mentally patients can sometimes miss key information, such as whether or not a prospective nursing home resident has a felony record. And while families are directed by Illinois lawmakers to look through a police Web site to determine whether there are any sex offenders residing in any of the nursing homes they are considering for their loved ones, the Chicago Tribune says that only 59 of the 192 sex offenders living in Illinois assisted living facilities are even named in this registry. In Chicago alone, only one out of every five sex offenders living in a nursing home is listed.

One reason for this type of discrepancy is that sex offenders don’t have to register with Illinois police if their final parole dates or convictions happened over a decade ago. Unfortunately, this does not mean the offender won’t commit another sex crime. Some Illinois nursing homes are also guilty of not telling police when a convicted sex offender has moved into the facility even though Illinois law requires that they provide notification.

Another suit filed over sex abuse, The Times

Nursing homes: Most sex offenders living in nursing homes aren't listed on state police's online registry, Chicago Tribune

llinois Nursing Home Negligence Lawsuit Claims Fellow Resident Sexually Abused Female Patient, Chicago Nursing Home Abuse Lawyer, October 30, 2009

Related Web Resources:
Nursing Home Safety Task Force

Illinois Department of Public Health

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November 18, 2009

$7.5 Million Nursing Home Neglect Lawsuit Blames Defendants for 90-Year-Old’s Wrongful Death

Although it’s been nearly three years since Barbara Dickerson sued Evergreen Healthcare Management and Evergreen Milton-Freewater Health and Rehabilitation Center for her mother’s wrongful death, the nursing home neglect lawsuit won’t go to trial until 2010.

Dickerson is seeking $7.5 million in punitive damages for Alice Train’s death. She is also seeking about $36,000 for her late mother’s medical costs and $750,000 for Train’s pain and suffering.

Train, who was suffering from diabetes and dementia, was admitted to the assisted living facility on March 25, 2005. According to the nursing home negligence complaint, within two months the 90-year-old patient lost 16 pounds, became anemic, stopped being able to walk by herself, developed a rotting pressure sore in her coccygeal area, developed pneumonia, and her limbs began contracting.

Dickerson says when she visited her mother less than a month after the elderly woman was admitted to Evergreen Milton-Freewater Health and Rehabilitation Center, she found Train, who hadn’t been bathed in several days, sitting in her own urine.

Dickerson transferred her mother to another nursing home but says that the neglect that Train suffered at the first assisted living facility caused her death on June 30, 2005. The nursing home neglect case was scheduled to go to trial next week but a request by the defense for two more days to prepare has delayed the start date to April 19, 2010.

Nursing Home Neglect
Failing to bathe a nursing home patient or change his or her clothing and underwear can lead to infections and other health issues. Neglect of any kind is always harmful—especially if the person being neglected is already suffering from poor health. Nursing homes are paid to provide residents with the care that they need. Nursing negligence can cause injury or death.

Family seeks $7.5 million in wrongful death lawsuit, East Oregonian, November 17, 2009


Related Web Resources:
Nursing Home Abuse Overview, Justia

Nursing Homes in Illinois

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November 16, 2009

Chicago West Side Nursing Home Under Investigation Following Reports of Patient Violence

Last week, Illinois health authorities began a broad probe into whether a West Side nursing home has been accurately documented incidents involving patient abuse and violence. Columbus Park Nursing & Rehabilitation Center is one of the Chicago area assisted living facilities that houses older nursing home residents with younger mentally ill patients, including those who have felony criminal records.

The Chicago Tribune reports that when it initially asked the Illinois Department of Public Health for reports of assault allegations over the last 90 days involving the Chicago nursing home, the department at first said there were none. Health officials eventually came up with reports of three alleged beatings at the assisted living facility during this time period. Meantime, Chicago police say 11 alleged batteries occurred at Columbus Park Nursing & Rehabilitation Center over the same three-month period.

Just last August, Andres Cardona, a 72-year-old dementia patient was beaten by 62-year-old Ardyce Nauden, a mentally ill resident who has a history of aggressive behavior. The fatal beating happened when the 72-year-old wandered into Nauden’s room and started eating his lunch.

Five hours after the beating happened, the nursing home faxed an incident report to state officials notifying them that Cardona got hurt after Nauden threw a cup of water at the 72-year-old patient, striking him in the eye. Illinois health officials say because the report did not convey the seriousness of the attack, they did not immediately investigate the incident.

According to a state investigation, nursing home workers knew that Nauden could be violent yet neglected to protect the other patients from him. The Chicago nursing home, however, says it is challenging this finding.

A week after the fatal beating, a female patient reportedly sustained facial bruises after a 53-year-old patient who suffered from delusions and hallucinations punched her.

Preliminary data from Chicago police reports that there were 28 alleged battery, assault, or sexual assault incidents at Columbus Park between March 2008 and August 2009.

Chicago Nursing Home Neglect
Illinois nursing homes must protect residents from injuries. This includes making sure they don’t become the victims of Chicago nursing home abuse or neglect or patient violence. Unfortunately, too many residents are the victims of nursing home violence or neglect.

Compromised Care: West Side nursing home probed after death: Psychotic felon fatally beat dementia patient at facility with numerous reports of violence, records show, Behavioral Health Center, November 13, 2009

Chicago Nursing Home Assault by One Resident Seriously Injures another Patient, Steve Malman, August 27, 2009


Related Web Resources:
Illinois Department of Public Health

Compromised Care, Chicago Tribune

Continue reading "Chicago West Side Nursing Home Under Investigation Following Reports of Patient Violence " »

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November 13, 2009

Chicago Nursing Home Negligence Lawsuit Accuses West Side Assisted Living Facility of Failing to Properly Supervise Mentally Ill Patient Who is Now Pregnant

The daughter of a mentally ill nursing home patient is suing Pavilion Health and Treatment Center for Chicago nursing home negligence. The patient, Felicity Daniels, became pregnant after having sex while staying at the facility. Her baby is scheduled to be born in early January.

Because of the 42-year-old woman’s mental state, her daughter Tekia says that her mother cannot have consensual sex because she is unable to consent to such acts. Tekia’s Chicago nursing home neglect complaint is accusing staff members of failing to properly supervise Felicity and neglecting to protect her from the sexual advances of employees or other patients. Tekia’s Chicago nursing home neglect lawyer is accusing the West Side facility of violating the Illinois Nursing Home Care Act.

Felicity has been institutionalized since 1996. Charged with stabbing her stepfather to death, she was found not guilty by reason of insanity.

Failure to Supervise Nursing Home Residents
Illinois nursing homes are supposed to properly supervise patients so that they do not get hurt or harm themselves or others. This includes making sure that patients do not become the victims of violent or sexual crimes by other residents, nursing home employees, visitors, or intruders. It also means monitoring residents so that they don’t wander off or get lost, making sure they are properly fed and hydrated, and protecting them from fall accidents.

Because some patients are mentally ill they may not be capable of making certain decisions or choices for themselves. In these instances, a nursing home may be required to involve family members and/or the patient's doctor.

Mentally ill patients have special needs that nursing home workers must be mindful of when caring for them. Some advocates for the mentally ill have expressed concern that these patients are not getting the nursing care they need when staying in Illinois assisted living facilities. Not providing that care of attention can be grounds for a nursing home neglect lawsuit if the patient gets hurt, dies, or experiences harm in some other way.


Nursing Home Allowed Schizophrenic Woman to Get Pregnant: Lawsuit, NBC Chicago, November 11, 2009

Advocates for the Mentally Ill Criticize Illinois Nursing Homes, Housing Options, Truthout, November 13, 2009


Related Web Resources:
Illinois Nursing Home Care Act

Illinois Nursing Homes

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November 12, 2009

Chicago Medical Malpractice Lawsuit Accuse Doctor of Overmedicating Nursing Home Patients

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

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November 10, 2009

Legionnaires’ Disease is Cause of Two Deaths at Chicago Nursing Home

Two nursing home patients residing at a Chicago nursing home died because they contracted Legionnaires’ Disease. The Park at Vernon Hills, however, says the patients had other health problems.

Authorities and health officials are trying to determine what caused the disease. While not contagious, people get Legionnaires’ Disease by inhaling contaminated vapor or mist.

Some 260 Chicago nursing home patients live at The Park, which has an atrium containing a waterfall, a rain forest, and a spa. All of these amenities have been shut down.

Legionnaires’ Disease
Legionnaires’ Disease is caused by the bacteria legionella. This type of bacteria commonly arises in artificial and natural water systems. Legionella can cause a variety of pneumonia-like ailments. Legionnaire’s disease is the most serious one and is more common in sick and elderly people. A person can contract Legionnaires’ Disease, which isn’t contagious, by breathing small droplets of water that contain the bacteria.

Illinois Nursing homes are responsible for making sure that their residents are living in a clean, healthy, toxic-free, and safe environment. Any possible hazards must be eliminated. When a hazardous condition at the nursing home causes injury, sickness or death to a patient, the resident and his or her family can have grounds for filing a Chicago, Illinois nursing home neglect lawsuit or a wrongful death complaint.

Legionnaires’ Disease symptoms include:

• Coughing
• Chills
• High fever
• Headaches
• Muscle aches

Recently, at another nursing home, at least one person died and four others afflicted with Legionnaires' disease. Nearly four hundred people live at the Stadium Place nursing home.

2 Deaths at Nursing Home Linked to Legionnaires' Disease, Fox News/AP, November 9, 2009

Controlling Legionella in Nursing and Residential Care Homes

Related Web Resource:

Patient Facts: Learn More about Legionnaires' disease, CDC

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November 7, 2009

The Fight Against Nursing Home Violence: State Senators Hold Chicago Hearing About Improving Patient Safety

In Chicago, state senators expressed anger about the number of violent nursing home crimes committed by patients. In an effort to curb Illinois nursing home violence, are demanding a full revamp of the way Illinois inspects and monitors assisted living facilities. They also want a stricter screening system for determining which prospective residents may be too violent to house with other patients.

At Thursday’s hearing, the senators announced plans to present reform legislation. Illinois Governor Patrick Quinn’s new Nursing Home Safety Task Force also provided a broad outline of steps it will likely recommend to end the practice of placing dangerous felons and mentally ill residents with other patients in state nursing homes.

Task Force head Michael Gelder spoke about the need for both service options that are specifically geared specifically toward psychiatric patients and improved assessment methods for placing mentally ill patients in the right environment where they can receive the appropriate care.

A recent series of reports by the Chicago Tribune exposed just how dangerous it can be as a sick or elderly nursing home resident living with a younger, mentally ill patient who might also be dangerous. A number of sick and elderly residents have already been physically assaulted, sexually assaulted, and murdered by mentally ill patients with criminal records and/or violent streaks.

Last week, advocates for mentally ill patients had called on the state to overhaul the way psychiatric patients are dealt with and come up with new housing options for mentally ill patients. Housing catered toward mentally ill patients is not only cheaper than housing them in Illinois nursing homes, but it could also allow these patients to thrive. Studies show that mentally ill patients don’t pose a greater danger than do other people as long as they are given the proper care.

A nursing home patient who was injured by another resident may have grounds for filing a Chicago, Illinois nursing home negligence lawsuit.

Senators outraged over Illinois nursing home safety, Chicago Tribune, November 6, 2009

Nursing home reform: Advocates for mentally ill urge overhaul of nursing home operations, Chicago Tribune, October 30, 2009


Related Web Resources:
Nursing Home Safety Task Force

Nursing Homes in Illinois

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November 2, 2009

DuPage County Nursing Home Accused of Neglecting Patients

Family members of patients staying at Westmont Nursing and Rehab Center, a DuPage County nursing home continue stepping forward with allegations of Illinois nursing home neglect. They are accusing the Westmont assisted living facility of neglecting to feed, clean, or attend to sick and elderly patients.

For example, according to CBS2Chicago.com, Patty Murphy says that when she has visited her mother at the nursing home in the past few months, her mom isn’t always waiting for her in “dry, clean” clothes. Another nursing home visitor, Gerry Norieko, says that when he visited his mother at the Westmont, Illinois assisted living facility a few weeks ago, she had bruises on her shoulders, legs, and arms that the staff has been unable to explain. Norieko says that one time, he even fed a nursing home resident who obviously needed help because no one else was assisting him.

Brenda Price, a former nurses’ aide at Westmont Nursing and Rehab Center who claims she was fired from the assisted living facility because she complained too much, says workers at the home treated patients roughly, made them take cold showers, and neglected to feed them.

Over the past year, the Illinois Department of Public Health has investigated 31 allegations against the DuPage County nursing home. 11 allegations involving poor quality care and one allegation of nursing home abuse were substantiated.

The Health Department is fining Westmont Nursing and Rehab Center $200/day until the violations it received citations for are remedied.

Not feeding or bathing a nursing home patient can lead to serious health issues for the resident. They can even lead to Chicago personal injury. Bedsores, bruises, malnutrition, dehydration, infections, deteriorating health, fall accidents, and wrongful death can result.

To decrease the chances that your loved one may become the victim of nursing home abuse or neglect, it is important that you find out about the assisted living facilities you are considering.

Suburban Nursing Home Faces Allegations Of Abuse, CBS2Chicago, October 27, 2009


Related Web Resources:
Suburban Nursing Home Faces Allegations Of Abuse, CBS2, October 27, 2009

Westmont Nursing And Rehab Center, US News & World Report

Illinois Department on Aging

Related Web Resources:
Illinois Department of Public Health

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October 30, 2009

Illinois Nursing Home Negligence Lawsuit Claims Fellow Resident Sexually Abused Female Patient

The relative of a La Salle County Nursing Home patient is suing the Illinois nursing home for negligence. Henry Elzer is seeking at least $250,000 because the assisted living facility allegedly failed to protect the victim, a woman, while another patient sexually abused her.

In his Illinois nursing home negligence complaint, Elzer says his relative fractured her pubic or pelvic bone during the alleged incident. He says that the Illinois nursing home knew that his relative’s assailant was sexually active.

The Illinois Department of Public Health had released a report about a number of molestation incidents involving the same patient assailant between January 17 and May 26. The man was eventually transferred to a psychiatric home.

The plaintiff also says his relative injured her leg between November 24 and 27, 2006 when nursing home workers either caused her to fall or dropped her. However, because nursing home workers allegedly did not tell a doctor about the woman's injury in a timely manner, X-rays were not taken until over a week after the fall accident.

Elzer is also suing Ottawa Regional Hospital and Healthcare Center for injuries his relative sustained on November 27, 2006. He claims the woman was injured when the wheelchair she was sitted in while riding in a van tipped when the vehicle stopped. Elzer says the wheelchair was not properly secured.

Lately, Illinois nursing homes have come under fire over the number of injury and assaults incidents involving residents attacking other patients. The Chicago Tribune recently wrote extensively on the topic of nursing home violence. Illinois Governor Pat Quinn has set up a task force to solve the problems caused by housing violent nursing home patients with other residents.

La Salle County Nursing Home: Suit filed over sex abuse, My Web Times, October 27, 2009

Nursing home sued for alleged sex abuse, News Tribune, October 28, 2009


Related Web Resources:
Compromised Care, Chicago Tribune

Illinois Nursing Home Task Force

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October 28, 2009

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

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

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October 26, 2009

Chicago Nursing Home Negligence?: State Senate’s Public Health Committee Examines Allegations of Racial Inequality in Assisted Living Facilities

On Thursday, the Illinois Senate’s public health committee met to talk about allegations of racial disparities that may be impacting the quality and care received by minority patients at nursing homes. The accusations stem from an investigation conducted by the Chicago Reporter magazine, which discovered inequalities between nursing homes where residents were predominantly white and assisted living facilities that housed primarily black patients.

The allegations are disturbing, considering that, per the Medicare and Medicaid Nursing Home Compare Web site, the state of Illinois has more poorly rated black nursing homes than the other US states. Nearly 60% of the 30 black Chicago nursing homes received the lowest rating for quality possible, compared to 11% of Chicago’s 45 predominantly white assisted living facilities. None of the black nursing homes received the highest rating, while 30% of white assisted living facilities did.

Our Chicago nursing home neglect lawyers are concerned about any reports that a Cook County nursing home may be depriving patients of the care that they need and should be getting. Negligent nursing care can be grounds for a Chicago nursing home neglect and abuse lawsuit.

Also, the Chicago Reporter said that black assisted living facilities were cited for more violations than white nursing homes. The magazine also found that nursing home workers at black nursing homes were not as well trained as the employees at white nursing homes. White assisted living facilities were less likely than black nursing homes to admit sex offenders and ex-offenders as patients.

The latter issue has been a huge concern of late, especially following the recent findings published by the Chicago Tribune from its investigation into patient violence. The fact that patients are subject to Chicago nursing home abuse not just from nursing home workers but also from residents who are mentally ill and/or who may have violent criminal pasts is a very serious sign that not enough is being done to protect patients from nursing home abuse or neglect.

This week, the Nursing Home Safety Task Force, formed by Illinois Governor Pat Quinn, will hear from patient advocates, service providers, nursing home residents, and families. The task force was formed to deal with concerns about resident care and safety.

Our Chicago nursing home abuse and neglect law firm represents clients who are the victims of nursing home negligence.

Nursing home safety task force to hold public meeting, SJ-R.com, October 25, 2009

State senators hear of nursing home bias, Chicago Breaking News, October 22, 2009

Disparate Nursing Home Care, Chicago Reporter


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

Nursing Home Compare, Medicare.gov

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October 24, 2009

Nursing Home Neglect: Family Blames Nursing Home for Intruder’s Assault on 77-Year-Old Woman

The family of Janice Maier intends to sue the Brookdale Senior Living Center for nursing home negligence. As of Wednesday, the 77-year-old woman was still in an ICU.

Maier sustained serious injuries after an intruder to the assisted living facility beat and choked her. The man accused of attacking her is Daniel Villareal, 25. However, Maier’s family is blaming the nursing home for failing to protect her and not rescuing her after the assault.

The beating occurred while she slept. Villareal and Maier do not know each other.

Police say that Villareal walked into the nursing home at around 4am through an open back door. Their report says law enforcement officers had to tell the nursing home workers to search the rooms for Maier.

Villareal is charged with Injury to an Elderly Person. He told the authorities that he was frustrated and angry and wanted to choke someone. He kicked Maier in the head about 15 times.

Nursing Home Negligence
Nursing homes are supposed to ensure that their facility is safe and secure. This means taking the necessary safety measures to keep intruders and burglars out and ensuring that the nursing home workers who are hired and the residents that are admitted to the facility are not a danger to others.

Inadequate security at an assisted living facility can result in violent crimes against patients. It can also allow nursing home resident that have a tendency to wander to leave the premise without supervision, which can increase the chances of the patient sustaining a personal injury during a fall accident, pedestrian accident, or another type of injury incident.

Family holding nursing home accountable for the choking of their elderly relative, KENS5.com, October 21, 2009

Woman, 77, choked at nursing home, MySanAntonio.com, October 11, 2009

Related Web Resources:
Nursing Home Overview, Medicare

Eldercare, Department of Health and Human Services

Continue reading "Nursing Home Neglect: Family Blames Nursing Home for Intruder’s Assault on 77-Year-Old Woman " »

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October 22, 2009

Stop Illinois Nursing Home Violence: Concerns Voiced At Task Force’s Public Hearing in Chicago

This week, Illinois Governor Pat Quinn’s Nursing Home Safety Task Force presided over a public hearing in Chicago where residents, advocates, and social workers demanded that the state stop housing younger, mentally ill adults in nursing homes—especially those who have felony rap sheets or a history of violence.

What has happened as a result of the state’s decade’s long practice of placing these felons with disabled, weak, or frail elderly residents is that the elderly and the sick are becoming the victims of physical assault, sexual assault, and murder.

The Chicago Tribune reported on Tuesday’s hearing:
• One advocate with the Community Counseling Centers, Jamie Jimenez, voiced the concern that nursing homes shouldn’t be used as place for attempting to rehabilitate violent offenders.

• Mental Health America of Illinois board member Mark Heyman pointed out that psychiatric patients are not even getting the proper care at many of these assisted living facilities.

• Regional state ombudsman Nancy Flowers says that police aren’t always told about nursing home crimes and state inspectors and police don’t always share information they may have about an assisted living facility with each other.

Currently, some 15,000 people diagnosed with mental illnesses are living in Illinois nursing homes.

While all prospective nursing home residents must undergo a criminal background check so that the risk they pose to other patients can be evaluated, the Chicago Tribune discovered that in many cases, these screenings weren’t completed until well after the resident had been living in the assisted living facility. Also, the background checks did not uncover all arrests and convictions.

Governor Quinn formed the Nursing Home Safety Task Force so that action can finally be taken to protect elderly and disabled patients from becoming the targets of Illinois nursing home violence committed by other residents. The team is made up of senior leaders from the Department of Corrections, Department of Public Health, Department on Aging, Department of Healthcare and Family Services, Department of Veterans Affairs, Department of Human Services, Illinois State Police, and Illinois Housing Development Authority.

Whether you were abused or assaulted by a nursing home worker or another resident, the Illinois assisted living facility can still be held liable for personal injury or wrongful death. Our Chicago nursing home negligence law firm is committed to upholding our clients' rights and helping them obtain compensation for any harm suffered.

Nursing home safety: Task force hears, voices concern about housing mentally ill felons in facilities, Chicago Tribune, October 21, 2009

Nursing Home Safety Task Force to Hear Public Testimony
Launches Interactive Website
, Ilinois.gov, October 17, 2009

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

Nursing Home Compare, Medicare.gov

Continue reading "Stop Illinois Nursing Home Violence: Concerns Voiced At Task Force’s Public Hearing in Chicago " »

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October 21, 2009

Man Files Cook County Nursing Home Negligence Lawsuit Over Patient Violence

In Illinois, nursing home patient Anthony Gales is suing Burnham Healthcare Properties for nursing home negligence. He is seeking over $50,000 in damages.

In his Cook County nursing home neglect lawsuit, Gales says that on August 17, 2008, another patient kicked him, which caused him to fall from his wheelchair and fracture his leg. Gales alleges that the Burnham, Illinois assisted living facility knew that his attacker had a history of acting violently.

The plaintiff claims that the Cook County nursing home failed to properly treat his injuries in a timely fashion and did not properly supervise the facility’s residents.

Gales’s Illinois nursing home lawsuit comes at a time when lawmakers are taking steps to tackle the issue of violence between residents. In the past, the issue of nursing home abuse tended to focus on abusive or neglectful acts committed by nursing home workers that abused their authority over sick or frail residents. Now, there is growing concern that nursing home residents can also be vulnerable to other patients who may have violent streaks, serious criminal records, and/or may be mentally ill and are not always aware of their actions.

Illinois nursing homes are responsible for supervising all staffers and residents and for keeping their patients safe. This includes conducting background checks of residents and employee candidates to make sure they are not a potential threat to others and closely supervising “high risk” patients or keeping them away from other residents.

Just this January, a 69-year-old female resident was raped by Christopher Shelton, a 21-year-old patient at an Elgin, Illinois nursing home. Shelton had been diagnosed with bipolar disorder with aggression and was a convicted felon.

Elderly and sick patients stay at nursing homes because they need medical care and supervision and protection. An assisted living facility’s failure to provide that care and protection can be grounds for an Illinois nursing home negligence lawsuit.

Man 'kicked' from wheelchair sues nursing home, Southtown Star, October 16, 2009

Related Web Resources:
Illinois Nursing Homes, Illinois Department of Public Health

Compromised Care, Chicago Tribune

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October 17, 2009

Family Alleges Severe Nursing Home Negligence in Death of 97-Year-Old Man Who Contracted Penile Cancer

The family of an elderly nursing home patient who died after his genitals disintegrated is suing Everett Care & Rehabilitation for nursing home negligence. In their nursing home neglect lawsuit, they claim that staffers failed to provide Charles Bradley with the proper care.

Bradley had been living at the assisted living facility since 2004, when he moved there to be with his wife, who required 24-hour care. After her death, he stayed at the nursing home.

On November 7, 2007, a nurse notified the residential care manager that the elderly resident had a wound on his penis. The state’s Department of Social and Health Services says the manager did not tell Bradley’s doctor. She went on vacation and forgot about the report.

In March 2008, he was taken to the hospital at his son’s insistence. Jeff Bradley was very concerned about his dad’s deteriorating health. At the hospital, medical staffers diagnosed him with penile cancer, genital infection, severe urinary tract, and pneumonia in both lungs. State records indicate that his penis was almost gone. Charles died 18 days after he was admitted to the hospital.

Nursing home workers told investigators that the elderly patient refused to take baths, did not want help when using the toilet, and wouldn’t let them check him for wounds. They said he usually allowed only one of the nursing aides to provide him with "intimate" care.

The state has cited the assisted living facility for violating federal care standards by neglecting to provide the 97-year-old resident with timely medical care, failing to report that Bradley would not let workers check his genitals, and neglecting to tell his doctor or family members about the changes in his health.

While nursing home residents are allowed to refuse care, it is important to remember that many patients may not know that saying no to certain medical care or help could be detrimental. Some patients suffer from deteriorating mental conditions or may be too embarrassed to get the care that they need. Nursing homes can be held liable for negligence if the patient does not get the care he or she needs.

You can contact an experienced nursing home law firm in your state to explore your legal options. In Illinois, our Chicago nursing home lawyers would be happy to speak with you.

Nursing home cited, sued after elderly man's genitals disintegrate, SeattlePI, October 16, 2009

Lawsuit: Wash. nursing home neglects penis ailment, The Seattle Times, October 16, 2009


Related Web Resources:
Penile Cancer, National Cancer Institute

Illinois Department on Aging

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October 13, 2009

Preventing Nursing Home Violence Between Residents: Illinois Senate Committees to Hold Hearing in Chicago on Assisted Living Safety

The Illinois Senate’s public health and human services committee will hold a hearing on November 5 on ways to improve safety at nursing home homes throughout the state. The hearing is in response to the Chicago Tribune’s reports exposing the dangers elderly nursing home residents face when they are housed with mentally ill felons. The Chicago newspaper reported on incomplete criminal background checks, low staffing levels, and deficiencies in reporting violent crimes.

The heads of the departments of aging, public health, human services, and health care and family services, in addition to industry groups and elder advocates, are expected to speak at the hearing.

Illinois Governor Pat Quinn recently formed the Nursing Home Safety Task Force. The task force’s job is to figure out how to better regulate assisted living facilities so that its patients are protected from nursing home resident violence. Also, Illinois Attorney General Lisa Madigan is calling for improved criminal background checks of patients and more nursing home inspections.

Our Chicago nursing home abuse law firm welcomes any changes to nursing home regulation that could protect residents from becoming the victims of violent crimes committed by other patients, nursing home workers, visitors, or intruders. It's bad enough that nursing home patients are vulnerable to nursing home abuse and neglect from staffers. Now they have to worry about becoming the victims of nursing home patient violence. This is a problem that must be addressed immediately!

While mentally ill nursing home patients are entitled to the proper care, it is important that the necessary steps are taken to determine whether a prospective resident might be a danger to themselves or others—especially of he or she already has a violent criminal past. Conducting full background checks will allow a nursing home to assess the degree of danger a patient might pose so that steps can be taken to keep them away from other patients or tougher security/supervisory measures can be implemented.

State Senate hearing to examine nursing home safety, Chicago Tribune, October 12, 2009

Task force targets violence in Ill. nursing homes, AP/Google, October 9, 2009

Illinois Nursing Homes Mix Seniors And Mentally Ill Patients, Some Criminals, Medical News, September 30, 2009

Related Web Resources:
Nursing homes in Illinois

Tribune Watchdog: Compromised Care, Chicago Tribune

Continue reading "Preventing Nursing Home Violence Between Residents: Illinois Senate Committees to Hold Hearing in Chicago on Assisted Living Safety " »

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October 8, 2009

Illinois Nursing Home Safety Task Force Given the Job of Curbing Patient Violence in Assisted Living Facilities

Members of the Nursing Home Safety Task Force met yesterday to begin the process of figuring out how to better regulate nursing homes so that residents do not become the victims of violent crimes committed by other residents who are mentally ill and/or who have violent criminal pasts. Illinois Governor Patrick Quinn announced he was forming the task force following an investigation by the Chicago Tribune that exposed breaches in screening and regulation that allowed mentally ill patients with violent streaks to be housed next to elderly or very frail residents.

Michael Gelder, who used to be a deputy director for the Illinois Department on Aging and is now Quinn’s health policy senior advisor, is heading the task force, which consists of high-level officials from several Illinois agencies: the departments of aging; health care and family services, public health, corrections, state police, and human services. The Task force members have promised to make their recommendations by the end of January.

On Wednesday, Illinois Attorney General Lisa Madigan called for unannounced nursing home inspections and better criminal background checks. A series of articles in the Chicago Tribune reported that the current process frequently fails to track all serious felony crimes. This has resulted in other residents becoming the victims of nursing home crimes, including physical assault crimes sexual assault crimes, and murders.

Madigan’s call came in the form of a letter to the Illinois Department of Public Health director, Dr. Damon Arnold. She said that the department should work with Illinois Police to generate revised criminal histories for every offender residing in an Illinois nursing home.

While mentally ill patients definitely are entitled to receive the nursing care that they need, this does not mean that the safety and well-being of elderly and frail resident should be compromised. If an Illinois nursing home agrees to take in mentally ill residents who happen to have criminal records or a tendency to commit violent acts, the facility is responsible for protecting the other residents.

Whether your loved one was the victim of nursing home abuse inflicted by a nursing home worker or another patient, violence of any kind is against the law and may be grounds for an Illinois nursing home negligence lawsuit against the assisted living facility where the incident occurred.

Our Chicago nursing negligence law firm is committed to holding all parties liable for the harm that our clients have suffered.

Madigan Calls for Crackdowns on Nursing Homes, SJ-R.com, October 8, 2009

Nursing home safety: Gov. Pat Quinn forms task force, Chicago Tribune, October 2, 2009

Task force targets violence in Ill. nursing homes, AP/Google, October 8, 2009

Related Web Resource:
Nursing Home Safety, Chicago Tribune

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October 6, 2009

Chicago Nursing Home Negligence: Are Assisted Living Facilities Doing Enough to Screen Mentally Ill Patients with Criminal Records Before Admitting Them?

Since 2006, Illinois nursing homes are required to conduct criminal background checks on new residents. One reason for this is the growing number of mentally ill patients with criminal records who are transferred to assisted living facilities. A number of these patients were convicted for serious felony crimes. Many of them are much younger and physically stronger than the elderly and sick residents that make up the rest of the nursing home population.

Nursing home supervisors are supposed to use their findings from a criminal background check to determine whether a new resident poses enough of a danger risk that he or she should be housed without a roommate and/or be monitored closely.

Unfortunately, not all nursing homes do a good job when conducting this screening process, and, as a result, a number of elderly and sick residents have become the victims of violent crimes. Chicago Tribune's examination of this process revealed that many Illinois nursing homes either overlook or miss some ex-convicts’ more violent crimes and downplay the threat they might pose to other long-term care facility residents.

Confidential reports from 45 recent cases show that assessments made were not completed within several months or even up to a year after a mentally ill felon was placed in an Illinois nursing home—plenty of time for a nursing home patient to sustain serious injury during a brutal beating or a rape crime.

Of the 3,000 felons residing in Illinois nursing homes, less than 1% are considered “high risk.” Some 2,077 felons are considered “low risk,” which means they are treated the same as residents who don’t have criminal records. Patients who are considered “moderate risk” are observed more closely than other patients. Some residents who should have but were not placed in the "high risk" category have gone on to injure or kill another resident.

It is the responsibility of an Illinois nursing home to ensure the safety of its residents. This means protecting them from becoming the victims of nursing home abuse, nursing neglect, and violent crimes. Failure to properly screen a nursing home resident or worker who could pose a potential threat to other patients is negligence on the part of the assisted living facility. Failure to closely monitor or isolate a potentially dangerous resident so he or she doesn’t injure others is also negligence.

Contact our Chicago nursing home negligence lawyers to schedule your free case evaluation.

A failure to protect, Chicago Tribune, September 30, 2009

Growing number of younger, mentally ill nursing home residents poses safety risks, news outlet reports, McKnight's, March 24, 2009


Related Web Resources:
Nursing Homes in Illinois

Tribune Watchdog: Compromised Care, Chicago Tribune

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September 30, 2009

Illinois Ranks #2 on List of States with Most Nursing Homes Noted For Poor Quality

According to the General Accounting Office, Illinois fared poorly in a study that ranked the state #2 for its number of nursing homes that received “most poorly” assessments when it comes to quality care measures. The study, released Monday, reported that 47 Illinois nursing homes were noted for poor quality.

Assisted living facilities were rated based on nursing home bedsore prevention procedures, staffing levels, and measures taken to prevent nursing home abuse and neglect. Nursing homes that were recognized for “poor performance” on average exhibited 46% more deficiencies that were harmful to residents than the assisted living facilities that did not rate as badly.

This news is disturbing, considering that over 92,000 people currently reside in Illinois nursing homes. Many of them are very sick/frail and unable to take care of themselves. This makes them vulnerable to becoming victims of nursing home abuse or neglect.

Sexual abuse, physical abuse, verbal abuse, emotional abuse, elder financial abuse, negligent care, failure to supervise, and medical negligence are just some examples of nursing home abuse and neglect. Nursing home neglect and abuse inflict serious harm on patients who may not even know what is happening or are unable to report the incident.

Nursing home workers, assisted living facilities, and the companies that manage them must be held accountable for nursing home abuse and neglect so that our sick and elderly are safe while getting the care that they need.

Nursing home neglect and abuse can lead to injuries, deterioration of the victim’s health, and death. If you think that your sick or elderly family member might be experiencing nursing home abuse or neglect, you should contact a Chicago nursing home abuse law firm as soon as possible.

Illinois ranks high on bad nursing home report, Chicago Business, September 29, 2009

Related Web Resources:

Read the GAO Nursing Home Study (PDF)

Chicagoland's Nursing Homes, Chicago Tribune

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September 29, 2009

Creating An Environment Ripe for Illinois Nursing Home Abuse?: Housing Seniors with Felons and Mentally Ill Patients Can Be a Recipe for Disaster

According to the Chicago Tribune, a string of violent incidents in Illinois nursing homes in the last 17 months involving patients inflicting harm on other residents exemplifies the kind of dangers that can result when elderly and sick nursing home residents are housed with mentally ill patients—especially those with criminal records.

Government records reveal that over 15% of the 92,225 nursing home residents residing in Illinois assisted living facilities are mentally ill. 3,000 of these mentally ill patients were convicted of serious felony crimes:

• 82 murderers
• 185 armed robbers
• 179 sex offenders

A number of mentally ill nursing home residents are significantly younger and physically stronger than the older, frailer patients that share the Illinois facility with them. This can prove to be a problem.

For example, police arrested a 21-year-old nursing home patient who raped an elderly elderly resident in her bedroom. The alleged attacker has a criminal record in addition to acute psychiatric issues. In another nursing home abuse incident, a 24-year-old mentally ill woman with a history of prostitution and drug use beat a man in a wheelchair so badly that he died of his head injuries.

Yet according to The Tribune, the nursing home industry, law enforcement officials, and the government are not doing enough to oversee the young residents who are transferred to Illinois nursing homes after spending time in psychiatric wards, shelters, and jail. The state also isn’t doing a complete enough job when it comes to performing background checks on new residents, whose criminal records are then understated. The Tribune also discovered that the Illinois nursing homes that house the most felons are often the ones with the lowest nursing staff levels.

Meantime, the Health Care Council of Illinois, the state’s largest nursing home owners' association, is questioning the practice of allowing sick or geriatric patients to live with mentally ill criminals, including those with felony records. Obviously not all mentally ill patients are a danger to others, but there are those who have caused serious injury to or killed a resident.

It is a nursing home’s responsibility to supervise all of its residents. This means making sure that patients that could pose a danger to other residents are either kept in a separate area of the facility and/or are supervised more closely. Failure to fulfill this duty of care is nursing home negligence, especially if one patient ends up raping, beating, molesting, or killing another resident.

There are ways to prevent these horrible crimes from happening. Our Chicago nursing home neglect lawyers know how traumatic it can be for your loved one to become the victim of a violent crime because the people you hired to provide nursing care failed to do their job.

Illinois nursing homes mix felons, seniors, Chicago Tribune, September 29, 2009

Mentally ill endanger nursing home patients

Related Web Resources:
Nursing Homes in Illinois

Health Care Council of Illinois

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September 28, 2009

Alton, Illinois Nursing Home Negligence Verdict Alleging Wrongful Death Goes to Plaintiff

In the second Illinois nursing home negligence against the Rosewood Care Center chain, it took a jury less then two hours to rule in favor of plaintiff Clifford Emons over the wrongful death of Jane Schwartz. Emons sued the Madison County, Illinois nursing home on behalf of Schwartz’s estate.

Court documents indicate that Schwartz broke her hip and wrist when she fell while staying at the Alton assisted living facility. The nursing home negligence trial lasted less than two days after Judge Andy Matoesian struck the defendant’s pleadings on the issue of negligence. The jury took less than two hours to deliberate what to award the plaintiff.

In another nursing home negligence lawsuit against the Rosewood Care Center, this one directed at the chain’s Edwardsville long-term care facility, a jury awarded $150,000 damages to Paul Graves for his deceased father, who fractured his hip while staying at the Illinois nursing home.

According to a study published in the Canadian Medical Association Journal’s August 4 issue, older people who break a hip increase have a 25% chance of dying within five years, while the five-year fatality rate for older people suffering from a spinal fracture is 16%. The study involved more than 7,700 people over age 50.

The study estimates that one out of every six women over age fifty will fracture a hip. Fall-related fractures can also lead to dementia, cognitive impairment, balance problems, impaired vision, and the side effects that can arise from a person having to take different medications.

There are steps that nursing homes can take to prevent fall accidents from happening---especially if a patient is a known risk for falling. Elderly and sick people are prone to serious injuries when they fracture or break a hip or another body part during a fall accident. Health issues can arise that lead to fatalities.

Jury finds for plaintiff in Alton nursing home negligence suit, The Record, September 22, 2009

With a Broken Hip Comes Higher Risk for Dying, Medline Plus, August 4, 2009


Related Web Resources:
Hip Fractures in the Elderly, Cleveland Clinic

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September 27, 2009

Accused of Illinois Nursing Home Negligence in McHenry County, Former Facility’s Supervisor Testifies in Court

A woman facing seven felony charges over at least four questionable deaths at a McHenry County nursing home says that contrary to claims by Illinois police, she never admitted that she told staff members not to follow proper procedures when getting rid of the morphine used on patients who allegedly may have died from medication overdoses. Charges against her over the alleged Illinois nursing home negligence incidents include two counts of obstructing justice and five counts of criminal neglect of a long-term care resident.

Penny Whitlock is the former nursing home supervisor of Woodstock Residence. Her testimony took place during a hearing over her motion to suppress testimony that was likely to accuse her of making incriminating statements about what she knew about the residents’ deaths. Whitlock's attorney says that Illinois State Police failed to honor her civil rights when they didn’t read her Miranda rights until the interview where she is accused of making incriminating statements was well under way.

The former nursing home supervisor is accused of discovering that Marty Himebaugh, a former nurse at the McHenry County facility, may have been giving terminally ill patients excessive morphine doses to kill them. Whitlock is also accused of then telling Himebaugh she could continue in her role as the “Angel of Death.”

Charges against Himebaugh include single counts of unlawful distribution of a controlled substances and four counts of criminal neglect of a long-term care facility resident and obtaining a controlled substance by fraud.

The two former nursing home workers have denied all allegations.

At least two Illinois nursing home neglect lawsuits alleging wrongful death have been filed over the alleged morphine overdoses.

Even if an Illinois nursing home resident is terminally ill, he or she is still owed a certain duty of care. Failure to provide that care is nursing home neglect.

Nursing home supervisor denies admission in death probe, The Daily Herald, September 17, 2009

Illinois “Angel of Death” Nursing Home Abuse Cases Leads to Two Wrongful Death Lawsuits, Malman Law, October 7, 2008

Judge to rule on comments in 'Angel of Death' case, Northwest Herald, September 17, 2009

Related Web Resources:
Illinois Citizens for Better Care

Nursing Homes in Illinios


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September 24, 2009

Company Settles Cook County Nursing Home Lawsuit Alleging Illinois Wrongful Death for $700,000

In Illinois, Certified Health Care Management Inc. and Dr. Carl Johnson have settled a Cook County nursing home neglect lawsuit alleging wrongful death for $700,000. The Illinois nursing home negligence complaint was filed on behalf of the estate of Donald McCormick Jr. The decedent was just 43-years-old when he died in November 2002.

McCormick was a resident at Prairie View Care Center, a Charleston, Illinois nursing home that Certified Health Care Management was managing at the time.

McCormick was admitted to the assisted living facility in March 2002. Because of his impairments, he needed the help of nursing home workers to perform daily tasks. He also was unable to communicate with workers about his needs. As a result, it was up to the staff at the nursing home to make sure that he was getting the care that he needed until he was discharged in May 2002.

During his nearly two-month stay at the Illinois nursing home, McCormick suffered from severe dehydration and malnourishment and developed a serious bedsore. The condition of the decubitus ulcer was so severe that one of his bones became exposed. According to the Cook County nursing home neglect complaint, McCormick’s injuries were a result of negligence by Johnson and the management company for failing to provide the 43-year-old resident with the personal care and medical attention that he needed.

Per case documents, Johnson has agreed to pay $100,000 and Certified Health Care Management says it will pay $600,000.

Many nursing home residents are placed in long-term care facilities because family members do not have the resources or experience to give them the full-time care that they need. In addition to needing medical care a nursing home resident may need help eating, bathing, getting dressed, or getting around.

It is the responsibility of all Illinois assisted living facilities to give residents the medical attention and personalized care that they require. For example, in some cases, failure to bathe a patient or change the sheets can lead to infections, illnesses, and deteriorating health that can prove catastrophic for the resident.

Management company, doctor reach settlement in Charleston nursing home death, Herald-Review, September 18, 2009


Related Web Resources:

Nursing homes in Illinois

Bedsores, Mayo Clinic

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September 21, 2009

World Alzheimer’s Day Recognizes Persons Afflicted with the Disease

Our Chicago nursing home neglect lawyers are aware of how patients with Alzheimer’s and other kinds of dementia can be vulnerable to becoming the victims of nursing home abuse and neglect, and we would like to offer a free case evaluation to anyone who is worried about their loved one's care.

Alzheimer’s is a disease that can go undetected by family members, which is why awareness is key to diagnosis, treatment, and the proper care. Around the world, September 21st is Alzheimer’s Day. While many people think of Alzheimer’s as an “old person’s disease” everyone will grow old eventually.

Already, over 35 million people around the world are afflicted with Dementia or Alzheimer’s. That’s 10% more than in 2005. According to Alzheimer’s Disease International, which released the 2009 World Alzheimer’s Report, some 65.7 million people are expected to have Alzheimer’s or another type of dementia by 2030 and that number is expected to reach 115.4 million by 2050.

Not only is important that resources and manpower go toward finding a cure and better ways to treat Alzheimer’s and other dementia, but diagnosis and care of those afflicted with either condition are key.

People suffering from dementia often need specialized attention and supervision. If you opt to place your loved one in a Chicago nursing home, you need to make sure that the nursing workers are properly trained to care for and treat people suffering from dementia or Alzheimer’s. Not providing a resident with the care that he or she needs is nursing home neglect and can be grounds for a Chicago, Illinois nursing home negligence lawsuit.

Memory loss, behavioral problems, and communication challenges can all affect someone with Alzheimer’s or dementia. This can lead to certain risks, such as wandering, elopement, a greater vulnerability to becoming the victim of physical abuse or sexual assault, or health issues.

Report: 35 Million-Plus Worldwide Have Dementia, CBS 2, September 21, 2009

Related Web Resources:
World Alzheimer's Day

Alzheimer's Caregivers Guide, Helpguide.org

Nursing homes in Chicago, Illinois, The City of Chicago

Continue reading "World Alzheimer’s Day Recognizes Persons Afflicted with the Disease " »

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September 19, 2009

Illinois Nursing Home Negligence?: Kankakee County Assisted Living Facility May Have Failed to Report Two Sexual Abuse Incidents Involving Residents

The Illinois Department of Public Health and the nursing home Bourbonnais Terrace may both have neglected to notify police in a timely manner about two alleged incidents of sex abuse involving one resident victim and one resident perpetrator. The nursing home patient accused of sexual abuse reportedly has a past conviction for murder.

The allegedly incidents occurred at the Kankakee County assisted living facility in January but the state didn’t find out about it until it conducted its yearly inspection in March.

The state is now fining the Bourbonnais nursing home $20,000, which the assisted living facility is contesting.

It is the responsibility of all nursing homes to protect residents from becoming the victim of any kind of Illinois nursing home abuse or neglect. This includes protecting residents from each other—especially if a patient has a history of violence or his or her mental illness increases the risk that the resident might harm another patient. The assisted living facility is obligated by state law to report any incidents of nursing home abuse or neglect and they can be held liable for nursing home negligence if they fail to fulfill their duty of care to a resident.

Sexual abuse does occur in nursing homes. The assailant can be a nursing home worker, another resident, a visitor, or an intruder to the assisted living facility. Patients receiving private nursing care can also becoming the victims of Chicago nursing negligence or abuse.

Just last week, a caretaker pleaded guilty to raping an 80-year-old elderly resident at a privately run assisted living facility. The Humberto Rodriguez, 50, has been sentenced to time in prison and is now a registered sex offender for life. His attorney claims that Rodriguez and the victim were friendly before the assault happened.

It doesn’t matter how friendly a nursing home worker and a patient are with each other. Sexual abuse of any kind is wrong, a crime, and can be grounds for a Chicago nursing home abuse lawsuit.

Police look into sex abuse allegations, The Daily Journal, September 18, 2009

Santa Rosa caretaker admits raping 80-year-old woman, Press Democrat, September 17, 2009


Related Web Resources:
The National Center on Elder Abuse

Illinois Department of Public Health

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September 16, 2009

Guardian Files East Moline, Illinois Nursing Home Negligence Lawsuit for 82-Year-Old Nursing Home Resident Who Was Sexually Assaulted

In Rock Island County Circuit Court, the guardian of an 82-year-old nursing home resident who was sexually assaulted by Paul D. Hubbard, a former nursing home worker at the Parkview Terrace, is suing the assisted living facility and its former employee for Illinois personal injury.

The East Moline nursing home negligence lawsuit is a result of the sexual assault incident, which occurred on February 1. The complaint accuses Hubbard of committing the sexual crime while charging the Illinois nursing home with negligence.

Per the lawsuit, the plaintiffs, the victim and her guardian, are accusing the East Moline nursing home of neglecting to conduct a background check on Hubbard, failing to check his references, neglecting to properly interview him, and not testing his personality before hiring him. The complaint argues that if only the Illinois assisted living facility had performed these tasks, the nursing home would have realized that Hubbard was potentially dangerous.

The plaintiffs are accusing the Illinois nursing home of failing to supervise Hubbard, failing to train workers to identify risks, providing inadequate security at the facility, and of insufficient staffing.

Hubbard, who pleaded guilty to criminal sexual assault, is serving a four-year sentence for the crime.

While it is the responsibility of all Illinois nursing homes to make sure there is adequate security on the premise to keep robbers and assailants out, they also are responsible for making sure that the people they hire as nursing home workers do not commit sexual crimes or physical assault crimes against nursing home residents or other workers. Nursing home workers must also be properly supervised to make sure that they do their jobs properly and do not engage in any kind of nursing home abuse or neglect.

Nursing home residents, because of their advanced age or weakened physical state or mental illness, are vulnerable to becoming the victims of nursing abuse or neglect. It is important that Illinois nursing homes do everything possible to protect them from such horrible crimes.

Sexual assault victim files suit against nursing home, Quad-City Times, September 14, 2009


Related Web Resources:
Nursing Home Crimes Overlooked..., Wisconsin State Journal, March 4, 2002

Sex offenders living in Illinois nursing homes, Chicago Sun-Times, April 24, 2005

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September 14, 2009

Do Chicago Nursing Home Residents Receive Better Quality of Care at Nonprofit Facilities?

According to a statistical review of 82 individual studies, nonprofit nursing homes, on the average, provide a higher level of care than for-profit homes. The study was published online last month in the British Medical Journal.

Data from the different studies was collected from tens of thousands of nursing homes—primarily in the US—between 1965 and 2003. 40 of the 82 studies favored nonprofit assisted living facilities in terms of statistically significant comparisons. Three of the studies favored non-profit nursing homes for all significant comparisons.

Per the authors’ meta analysis, nonprofit nursing residences provided better quality of care than their for-profit counterparts in the areas of staffing, bedsore care, and physical restraint use (less frequent in nonprofit homes). This is disturbing when you consider that not giving a nursing home patient the care he or she can receive, and needs, can lead to injuries and illnesses as a result of nursing home negligence.

The study implies that 7,000 of the 80,000 nursing home residents suffering from bedsores live in for-profit nursing homes. The findings also indicate that nursing home residents would receive an additional 500,000 hours of care/day if for-profit nursing homes were replaced with nonprofit assisted living facilities. The death rate in for-profit versus nonprofit dialysis facilities is also higher. Nonprofit assisted living facilities also were cited for fewer deficiencies during governmental assessments.

According to the study’s senior author, Dr. Godon Guyatt, nonprofit homes are less concerned about spending their money in ways that satisfy shareholders.

Of the 1.5 million people living in almost 16,000 US nursing homes, about 2/3rds of nursing home residents live in for-profit assisted living facilities. Over 3 million people will spend at least a portion of time in a US nursing home in 2009.

The thought that any nursing home would provide a patient with anything but the quality of care needed is disturbing. The idea that for-profit nursing homes might be giving residents a less superior quality of nursing care than their nonprofit counterparts is upsetting when you consider how many people may opt to place their sick or elderly loved ones in these for-profit facilities because they believe that the care provided might be better.

Nursing home abuse or negligence can be grounds for a Chicago nursing home abuse lawsuit if a patient gets hurt or dies.

Nonprofit Nursing Homes Provide Better Care, Major Study Finds, Science Daily, August 20, 2009

Nursing Homes, Medicare.gov

Related Web Resources:
British Medical Journal

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September 10, 2009

Elder Negligence?: Investigators Say Residents at Illegal Adult Group Home Allegedly Forced to Live in Prison Camp-Like Conditions

Investigators were disturbed to discover that residents at an illegal adult day care group home were forced residents to live in prison camp conditions. They reportedly were forced to stay in chicken coops and use buckets as toilets. The senior home is not licensed. A number of the residents are mentally disabled.

According to City Attorney James Penman, 22 patients were crammed into three rundown buildings that all lacked plumbing. Razor wire fences and padlocked gates surrounded the illegal elder facility. The house had reportedly be converted into part of the facility and people were residing in rooms as small as 6 feet. Some rooms contained a mattress and two beds.

Last Friday, Pensri Sophar Dalton, the owner of the senior home, was arrested. Police have charged her with 16 counts of causing harm to elderly people.

The facility is no longer in operation. The residents were either transferred to licensed care homes or picked up by relatives.

Our Chicago nursing home negligence lawyers are disturbed to hear that so many residents may have been living under such squalid and unsanitary conditions at a supposed elder care facility.

In order to legally function as a proper nursing home, an elder care facility must obtain the proper licensing. There are hygiene requirements and care protocols and sanitation procedures that must be followed.

The sick, the elderly, and the mentally disabled are especially at risk of becoming the victims of nursing home abuse or neglect. The damage suffered by a nursing negligence victim can impact his or her physical health and emotional well-being. It is a crime to abuse or neglect an elderly person.

Obtaining financial recovery can allow your loved one to cover costs and damages from the nursing home negligence incident.

Alleged elder abuse in San Bernardino, ABC Local, September 5, 2009

Related Web Resources:
Division of Professional Regulation, State of Illinois

Nursing Homes in Illinois, Illinois Department of Public Health

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September 9, 2009

Nursing Home Neglect Lawsuit Claims Horribly Infected Bedsore Led to Resident’s Wrongful Death

The family of 73-year-old Verda Henry says she died because of nursing home neglect. In their wrongful death lawsuit against Sutton Park Center for Nursing and Rehabilitation, they contend that the grandmother of 15 died in August 2007 because she had a bedsore that became seriously infected. The plaintiffs are also suing South Shore Medical Center, which is located across the street from the nursing home.

Henry was admitted to the long-term care facility in 2005 after she injured her arm during a fall accident. She thought she would undergo therapy and could go home in a matter of weeks. She was still at the home two years later despite repeated requests that she be allowed to leave.

Henry’s daughter, Patricia, said she and her kids would visit her mother for hours at a time. During those visits, she said the nurse on duty appeared to be too busy to check on her mother or feed her. She says that Henry eventually grew so weak that she became immobile.

Patricia says that she noticed the bedsore on her mother’s tailbone when she was changing her. By this time the decubitus ulcer was infected. Patricia says her mother screamed because the doctor had to scrape off skin. She claims that her mother's bones and spinal cord were visible.

Bedsores
Our Chicago nursing home negligence lawyers are aware at the fact that bedsores are easily preventable if patients get the proper care. We also know that pressure sores are treatable if they are diagnosed as soon as possible. There is no excuse for a nursing home resident to die because nursing home workers were neglectful and did not:

• Help to turn a patient.
• Keep the skin moisturized.
• Check the patient regularly to make sure sores haven't developed.
• Give the resident a mattress that relieves pressure.
• Provide the appropriate nutritional supplements.

Elderly and sick residents stay at nursing homes because they need specialized care. Neglecting a nursing home patient can be grounds for a Chicago wrongful death lawsuit.

Family sue nursing home after fatal bedsore horror takes matriarch's life, NY Daily News, September 9, 2009

Related Web Resources:
Bedsores.org

Fighting Bedsores With a Team Approach, NY Times, February 19, 2008

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September 7, 2009

After Reporting Illinois Nursing Home Abuse, Former Worker Says Assisted Living Facility Fired Her

A nursing home worker says that the Caseyville Nursing and Rehabilitation Center fired her after she reported that another employee was abusing a resident at the assisted living facility. Ronda Washington says she told her supervisor about the alleged Illinois nursing home abuse incident on the day that she saw it happen in February 2009.

Washington says she believed the employee’s actions violated the Illinois Nursing Home Care Act. She contends that even though the Illinois nursing home is obligated to notify the government about the alleged abuse, the assisted living facility did not do so.

Washington says she approached her supervisor on a number of occasions to inquire as to when the abuse would be reported. She said she was worried that the employee would abuse more workers.

Washington says that on August 21, after approaching the Illinois nursing home again to inquire about whether or not the facility had fulfilled its obligation to report the alleged nursing home abuse incident, the long-term care home fired her.

Illinois nursing homes must report and investigate any incidents of possible nursing home abuse or neglect. Failure to do so is negligence and can result in more abuse or neglect incidents occurring, which could place the life of a patient or multiple nursing home residents at risk. Nursing home abuse can result in not just physical injuries, but also in psychological and emotional trauma that can cause a patient’s health to deteriorate.

If you suspect that your loved one is the victim of nursing home violence, you need to contact a Chicago nursing home abuse lawyer right away.

Nursing home worker claims she was fired after reporting abuse, The Record, September 3, 2009

Related Web Resources:
Illinois Nursing Home Care Act

Nursing Homes in Illinois

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September 2, 2009

Chicago Nursing Home Neglect: Former Nurse’s Aide Pleads in Death of 89-Year-Old Woman Who Froze after Wandering from Arbor of Itasca

Heidi Leon, a former nursing assisted, has plead guilty to obstruction of justice and criminal neglect in the Itasca, Illinois nursing home negligence-related death of patient Sarah Wentworth. The 89-year-old resident died last winter when she froze to death after she wandered from the Arbor of Itasca, a suburban Chicago nursing home, in near zero temperature.

Leon neglected to check the door alarm when it went off at around 2am on February 5. This allowed Wentworth, who was barefoot, to leave the Itasca nursing home undetected. According to autopsy results, the elderly resident’s cause of death was hypothermia.

Leon is accused of not only failing to check the door after the alarm went off but of deactivating the signal and returning to the television show that she was watching.

It wasn’t until three hours later, conducting a bed check, that the former nursing home aid discovered that Wentworth was no longer in the building. The elderly patient's body was later found in the courtyard.

The elderly patient, who was suffering from dementia, had fallen, injuring her leg and chin. DuPage County prosecutors say it appears that she tried to crawl back to the nursing home.

On Monday, Leon apologized to Wentworth’s relatives in the Wheaton courtroom. Per her plea deal, Leon received credit for the six months she has spent in jail since she was arrested and is on probation for 30 months. She could have ended up serving a five-year prison sentence.

A police probe determined that nursing workers tried to conceal the way the woman died by putting her back in her room and changing the clothes that she had been wearing when she wandered away from the nursing home.

Last February, Wentworth’s daughters sued The Arbor of Itasca for Chicago nursing home negligence resulting in their mother’s wrongful death.

Nurse's aide guilty in elderly woman's death, Chicago Sun-Times, August 31, 2009

Family sues Itasca nursing home after woman dies, Chicago Tribune, February 11, 2009


Related Web Resources:

Ways to prevent dementia patients from wandering, The Seattle Times, June 4, 2009

The National Institute for Elopement Prevention and Resolution

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August 31, 2009

Assisted Living Facility Fined $100,000 for Nursing Home Negligence Following 78-Year-Old Resident’s Death

State health officials have ordered the New Hope Care Center to pay $100,000 for nursing home negligence. They say that the assisted living facility ignored a 78-year-old woman’s deteriorating condition, did not properly monitor her medication, and neglected to take her to the emergency room as soon as possible when her brain began to bleed.

The woman had osteoporosis, heart problems, a hip fracture, osteoarthritis, and hypertension when she was checked into the nursing home. Despite all of her ailments, state investigators say that caregivers at the assisted living facility neglected to properly assess the patient’s medical condition or let doctors know that her condition had changed. Nursing negligence is what led to her death, they say.

A doctor had prescribed an increased dosage of medication for the woman to prevent blood clots. Excessive bleeding is one of the known side effects from this drug. However, state regulators contend that because the nursing home workers were not properly monitoring the woman’s condition for any changes, they failed to see the signs and that doing so could have prevented the woman’s death.

Medicare’s Nursing Home Compare Web site had given the New Hope Care Center a one star rating (for “much below average”) out of five possible stars. The nursing home was fined $1,000 in February 2008 after state inspectors found that the workers at the nursing home did not properly monitor the assisted living facility’s policy on infection control.

The daughter of another woman is also accusing the long-term living facility of medical negligence. The woman says that the staffers at the home ignored her 74-year-old mother during her stay at the home between 2006-2007 and, as a result, her mother’s condition deteriorated. She died after she was transferred to another nursing home.

Failure to Monitor Nursing Home Patient’s Medical Care
Nursing home workers are supposed to monitor a patient’s care and to notify a resident’s physician of any change in the resident’s condition. Failure to notice certain symptoms or medical side effects as soon as possible can lead to serious health issues for a sick or elderly patient. This type of negligence can be grounds for a Chicago nursing home neglect lawsuit.

State cites poor care, Record.net, August 26, 2009

New Hope nursing home hit with stiff fine after a death, Tracy Press, August 27, 2009


Related Web Resources:
Nursing Home Compare, Medicare.gov

Nursing Homes in Chicago, Illinois, The City of Chicago

Continue reading "Assisted Living Facility Fined $100,000 for Nursing Home Negligence Following 78-Year-Old Resident’s Death" »

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August 27, 2009

Chicago Nursing Home Assault by One Resident Seriously Injures another Patient

A nursing home resident was arrested after he punched another patient at the Columbus Park Nursing Center. The West side assisted living facility is located in Chicago’s Austin neighborhood. Police have charged 62-year-old Ardyce Nauden with aggravated battery over the alleged Chicago nursing home abuse incident. Nauden is accused of striking Andres Cardona because he thought the 72-year-old was trying to steal his food. The assault rendered Cardona unconscious and he was transported to Mount Sinai Hospital in critical condition.

Unfortunately, nursing home abuse can be inflicted by assisted living workers as well as fellow residents, and our Chicago nursing home abuse law firm is disturbed by the fact that so many elderly and sick assisted living facility residents are getting hurt because other patients either have a violent streak in them or are too sick to know that their actions are causing injury to another resident.

Just last week an 87-year-old resident was charged with the murder of another patient at the Harmony Hall Assisted Living Facility. Police say Earl Lafayette Wilder attacked 91-year-old James Brown, striking him in the head. Investigators say that Brown did nothing to provoke Wilder. They don’t think the two men knew each other before the fatal attack happened.

Court records, however, note that Wilder suffers from Alzheimer’s disease and “pugilistic dementia.” As geriatric psychiatrist Dr. Alan Jonas told the Baltimore Sun, patients suffering from dementia can become delusional and paranoid.

Chicago nursing homes have an obligation to protect residents not just from themselves but also from each other. When failure to take the steps necessary to ensure a resident’s safety results in injury or death, the long-term facility can be held liable for Chicago nursing home negligence.

Dementia indicated in fatal pummeling, The Baltimore Sun, August 26, 2009

Man charged in nursing home fight, WBBM780.com, August 24, 2009

Md. Man Charged in Nursing Home Murder, My Fox DC, August 24, 2009

Related Web Resources:
Neural Networks Mapped In Dementia Patients, Science Daily, August 21, 2009

Violence by Dementia Patients in Nursing Home Associated with Key Factors, Senior Journal, June 27, 2006

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August 26, 2009

Jacksonville, Illinois Assisted Living Facility is Fined for Failing to Protect Residents From Nursing Home Negligence

The Illinois Department of Public Health is fining Golden Moments Senior Care Center for failing to protect six nursing home residents from becoming the victims of verbal, mental, and physical abuse. The $20,000 fine comes after an inspection last June that took place when the Jacksonville, Illinois nursing home told the state about accusations made against a former nursing aide.

The state report describes some of the alleged Illinois nursing home abuse incidents. In one incident, staff “forcefully” held down a male resident while threatening to cut his throat. The male resident cried. In another alleged abuse incident, staff confiscated a female resident’s food and nail polish while slapping her face. Other patients complained that staff took away their drinks or food. The report says that a number of nursing home staff members recorded themselves making fun of residents.

The state says that patients complained about the abuse incidents for at least two weeks and other staff members saw, knew about, or suspected that nursing home abuse was taking place yet did not report the problem immediately. It would be at least six weeks, possibly several months, before the administrator that there were problems.

The Illinois Department of Health says that the for-profit nursing home failed to have a registered nurse on duty for 8 hours, 7 days a week. There were also maintenance and housekeeping issues.

The Illinois State Police is investigating the abuse allegations and the Morgan County State’s Attorney Chris Reif will consider whether criminal charges need to be filed.

US News & World Report gave Golden Moments a “one” out of five-star rating. The Jacksonville, Illinois nursing home is contesting the fines. Meantime, the nursing home aide, who was fired from the assisted living facility, is denying the allegations.

US Centers for Medicare and Medicaid spokeswoman Elizabeth Surgene says Golden Moments continues to remain out of compliance with federal health standards. Federal fines against the Illinois nursing home over the nursing home abuse allegations are accumulating.

Police investigate nursing home abuse claims, The State Journal Register, August 23, 2009

Local nursing home faces fines, investigation, My Journal Courier, August 25, 2009

Related Web Resources:
Illinois Department of Public Health

US Centers for Medicare and Medicaid

Continue reading "Jacksonville, Illinois Assisted Living Facility is Fined for Failing to Protect Residents From Nursing Home Negligence" »

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August 19, 2009

Nursing Home Neglect Lawsuit Claims Wrongful Death and Negligence After Woman Dies from Bedsore that Resulted in Acute Sepsis

The family of Georgia Fitsos is suing Broadstone Residential Facility for nursing home neglect and wrongful death. Fitsos, a patient at the long-term care facility, died in October 2007.

The 82-year-old woman’s cause of death was acute sepsis and other medical complications because of a Stage 4 pressure wound. Her son noticed the bedsore about two months before her death when he saw that she was experiencing breathing difficulties. It was then that paramedics rushed her to the hospital.

Fitsos also suffered from dementia and Alzheimer’s. A month before the bedsore was discovered, in July 2007, her son John visited her at the nursing home and took pictures of her black eye. He says she told him that another person had struck her. Nursing home staffers, however, said that she injured herself when she fell asleep while seated at her wheelchair and her face fell onto the dining table.

Stage IV Bedsores
A stage IV bedsore is a serious matter. By the time the bedsore reaches this stage, the decubitus ulcer has gone from the skin into the bone, muscle, or tendon. A person with a stage IV bedsore should be rushed to the hospital emergency room immediately.

Nursing home staffers are supposed to make sure that they regularly change the sheets of bedridden patients, while making sure that they turn the residents on a regular basis so that bedsores don’t develop.

Patients who are bed-bound are most at risk of developing bedsores in certain areas of their body, including their:

• Shoulders
• Shoulder blades
• Back or sides of the head
• Ears’ rims
• Lower back
• Hip bones
• Tailbone
• The sides or backs of the heels, knees, toes, or ankles


Unfortunately, nursing home negligence can lead to bedsores that can lead to serious health complications, even death. Other nursing home patients who may be at risk of developing pressure ulcers are residents that use wheelchairs or need help changing positions.

Woman's death prompts family to take action, SacBee, August 19, 2009

Bedsores (pressure sores), MayoClinic

Related Web Resources:
Bed sores

CarePathways

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August 18, 2009

Two Years After Resident Wanders Off, Nursing Home is Sued for Wrongful Death

The son of former nursing home resident Ruby Larson is suing the Pheasant Pointe Retirement and Assisted Living Residence and its parent company for wrongful death. Larson, 75, was an Alzheimer’s patient. She disappeared from the nursing home in July 2007 after being admitted to the facility in May of that year. In 2008, a judge declared Larson legally dead.

The family’s nursing home negligence complaint is seeking $2 million. According to the lawsuit, the elderly woman had wandered on multiple occasions yet nursing home workers failed to prevent her from eloping again. The plaintiff, David Buoy, is Larson’s son. He wants compensation for the loss of companionship that he and his two brothers have suffered since his mother disappeared.

The complaint claims that nursing home workers knew that Larson suffered from short-term memory loss, dementia, and disorientation. They were also aware that she could not remember what her limits or medical or health needs were. She also had been flagged as a wander-risk. Buoy’s wrongful death lawsuit says that nursing home staffers did not immediately tell police that his mother had disappeared.

Nursing Home Elopement
A nursing home patient who suffers from dementia or memory loss and wanders off the premise could end up forgetting where he or she came from and how to get back to the facility. This can be dangerous for the resident’s health, who could end up freezing to death, suffering from serious dehydration, getting injured in a pedestrian accident, breaking a hip in a fall accident, or becoming the victim of a sexual or physical assault crime. Many patients that live in nursing homes require strict supervision—especially patients who are a wander risk, forget where they are, need help taking care of their most basic needs, or are on a strict medical plan.

If your loved one wandered off a nursing home, you may have grounds for filing a nursing home negligence lawsuit.

Son of missing Alzheimer’s patient sues care facility, KATU, August 4, 2009

Family of missing Alzheimer's patient sues care center, Oregon Live, August 3, 2009


Related Web Resources:

Common Reasons for Wandering Behavior in Alzheimer's, About.com

The Mysteries of Dementia-Driven Wandering, NPR, June 29, 2009

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August 16, 2009

77-Year-Old Nursing Home Resident Files Chicago Nursing Home Neglect Lawsuit for Injuries She Sustained After Swallowing Surgical Glove Twice

A 77-year-old Chicago woman is suing Alden Northmoor Rehabilitation and Care Center for Illinois nursing home neglect resulting in personal injuries. Mary Clifton swallowed a surgical glove on two different occasions and is now immobile, unable to retain nutrients, and is at risk of suffering from dehydration.

Her Chicago nursing neglect lawsuit accuses the assisted living facility of failing to supervise her so that she wouldn’t swallow the glove. Clifton has dementia. When she was admitted to the Chicago nursing home in October 2007, staffers knew that she was prone to peculiar behaviors and also was someone who might have a tendency wander.

Clifton swallowed a glove the first time in April 2008. She underwent a small bowel resection after the incident before returning to the Chicago nursing home.

Clifton’s Cook County nursing neglect complaint contends that following the first incident staffers did not create a care plan to prevent her from putting objects in her mouth in the future. She swallowed another surgical glove in July 2008 and underwent another small bowel resection surgery. Family members then transferred her to another nursing home.

Nursing Home Patients with Dementia
People with dementia often require specialized care and attention. They may need help with eating, getting dressed, or taking a bath. They may be prone to wandering and then getting lost. They may be prone to irregular habits and erratic mood swings.

It is the responsibility of any Chicago nursing home that houses patients with dementia to make sure that they get the proper care and supervision that they need. People suffering from dementia are admitted to Illinois assisted living facilities because they can no longer take care of themselves and their loved ones do not have the training required to give them what they need.

Dementia: Info and Advice for Caregivers, FamilyDoctor.org

Dementia

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August 12, 2009

Nursing Aide Ties 83-Year-Old Nursing Home Abuse Victim to a Chair Before Napping

A 72-year-old nursing home aide has pleaded guilty to violating public health law involving the abuse, neglect, and mistreatment of a person. Pierre Obas was working at the Waterview Hills Rehabilitation and Nursing Home when he used a bed sheet to tie an 83-year-old nursing home resident to a wheelchair, placed her in a common room, and turned out the lights so he could take a nap. The nursing home abuse incident took place in May 2008.

The elderly patient was restrained in this way for approximately an hour at around 2:30am after she had asked for help several times. She could not take care of herself or walk without help. Footage from the nursing home shows Obas pushing the woman while she was restrained in the wheelchair.

While doctors have required that seat-belt restraints be used with wheelchairs to prevent certain patients from slipping and falling off the chairs, bed sheets as a restraint method are discouraged because they could pose a strangulation or suffocation risk.

Obas has had to give up his nursing aide’s certificate and cannot work in this role for a year.

Improper Restraints
It is illegally to improperly restrain a nursing home patient. It doesn’t matter whether the restraint method is a physical one or a chemical one. Nursing home workers are not supposed to restrain patients unless there is a an appropriate reason for doing so. Restraining a resident as punishment or because staff workers are too busy or too lazy to take care of the patient is wrong and a form of nursing home negligence and abuse.

Improperly restraining a patient can result in emotional injuries, broken limbs, suffocation, and death.

Our Chicago nursing home abuse law firm is committed to protecting elder abuse victims and making sure that they are compensated for their injuries.

83-year-old patient restrained while aide took nap, Lohud.com, August 11, 2009


Related Web Resources:
Long Term Care Community Coalition

Restraints, The National Consumer Voice for Quality Long-Term Care

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August 7, 2009

La Salle County Nursing Home Could Face up to $20,000 Fine For Allowing Nursing Home Abuse by Patient

The Illinois Department of Public Health wants the US Centers for Medicare and Medicaid to fine La Salle County Nursing Home $20,000, in addition to $100 for each day between when the complaint was filed and when a review found that the assisted living facility was back in compliance, for allowing a male resident to sexually abuse 10 female patients. Some of his victims were suffering from dementia or could not speak and could not protest about his advances.

A spokesperson for the department said that the alleged nursing home sexual abuse was able to happen because of “systemic” issues that existed at the Ottawa, Illinois nursing home. A report by the health department last month accused administrative staff members at the nursing home of failing to recognize the nursing home abuse, failing to properly manage resources, and failing to implement procedures and polices regarding abuse.

Nurses, other patients, and employees who were interviewed for the investigation were able to describe some of the sexual abuse that occurred. The male resident reportedly would curse about sex when he was in the common areas and touched female residents’ breasts. One worker says the patient would touch women’s breasts whenever the worker would leave and then either pull back or yell that the worker get out upon the employee’s return.

If nursing home workers had witnessed such incidents then our Chicago nursing home abuse law firm wants to know, why was the man allowed to keep sexually abusing other patients from December 2008 until June 5, 2009? That is when the male patient was finally moved to a psychiatric unit.

Nursing home employees are supposed to report any incidents of nursing home abuse or neglect that occurs so that patients can be protected. Allowing a patient to be abused at an Illinois nursing home can be grounds for a Chicago nursing home abuse lawsuit.

LaSalle County-owned nursing home allegedly failed to prevent sexual abuse, PJStar, July 3, 2009

Ill. nursing home could face fines for abuse, Chicago Tribune

Related Web Resources:
Illinois Department of Public Health

US Centers for Medicare and Medicaid

Continue reading "La Salle County Nursing Home Could Face up to $20,000 Fine For Allowing Nursing Home Abuse by Patient" »

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August 6, 2009

Fighting Chicago Nursing Home Negligence: Elder Abuse and Self Neglect Increases Odds of Early Death, Says Study

A new study from the Rush University Medical Center in Chicago reveals that elder abuse more than doubles the chances of seniors dying earlier, while self-neglect increases the chances of early death by six times. The study’s finding can be found in the Journal of the American Medical Association’s August 5, 2009 issue.

Dr. XinQi Dong, who is the study’s author, and a number of colleagues observed 9,318 Chicago seniors, all above the age of 65, that were taking part in the Chicago Health and Aging Project. They studied the seniors from 1993 to 2005. During this time period, social services received 113 reports of elder abuse and 1,544 reports of self-abuse. 4,306 participants died within seven years.

The study also found that seniors who were abused were twice as likely to die as seniors that were not abused. Dong noted that the studies findings indicate that self-neglect and abuse lead to the kind of physical deterioration that results in death. He says that usually this kind of mortality risk is associated with acute conditions, such as heart attacks. Dong emphasized the importance of preventing elder abuse and that reporting any incidents as soon as they happen can lead to medical intervention.

Dong noted that it is a misconception that only elderly people with dementia and Alzheimer’s are prone to neglect their own care.


Elder Abuse
Elder abuse endangers the victim’s physical, mental, and emotional states. Yet The National Center on Elder Abuse reports that at least 1 out of every 20 nursing home patients is abused or neglected, while acknowledging that this estimate is likely lower than what is the actual reality. 57% of nursing home workers admit to either having seen or committed nursing home abuse and neglect. The U.S. Centers for Disease Control and Prevention says that between 1999 and 2002, nursing home neglect was a contributing factor in almost 14,000 patient deaths.

Elder Abuse Linked To Early Death, News Inferno, August 6, 2009

Elder Abuse, Neglect Make Early Death Far More Likely, US News & World Report, August 4, 2009

Related Web Resources:
National Center
on Elder Abuse

Warning Signs of Elder Abuse and Neglect

Continue reading "Fighting Chicago Nursing Home Negligence: Elder Abuse and Self Neglect Increases Odds of Early Death, Says Study" »

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August 5, 2009

Nursing Assistant Charged with Nursing Home Abuse Allegedly Punched Resident’s Face

A nursing assistant at the Manor Pines Nursing & Rehabilitation Center has been arrested and charged with nursing home abuse. Eronie Deverlus allegedly used her closed fist to strike a female resident on the face. The victim is 65.

Deverlus had entered the female resident’s room to change her socks. Another worker at the nursing home reports hearing yelling and then walked in just in time to allegedly see the nursing assistant hit the patient’s face. When questioned about her actions, Deverlus is said to have responded that the resident had assaulted her first.

The elderly victim has dementia and Parkinson’s disease. Deverlus was let go from the nursing home following the alleged abuse incident.

If convicted of the felony crime, Deverlus could be sentenced to a maximum prison sentence of five years and ordered to pay a fine.

Nursing home residents who have Parkinson’s disease and/or dementia many not always know what they are doing. According to a 2006 article published in SeniorJournal.com, each week approximately 88,000 nursing home residents become physically aggressive as a result of their conditions.

Nursing home workers assigned to work with these patients should know this and must have the proper training necessary to care for these residents. Striking or inflicting any kind of abuse on a patient is not an acceptable strategy for dealing with an aggressive nursing home resident. This is called nursing home abuse and can be grounds for a Chicago nursing home negligence lawsuit against the home and/or the abusive nursing home worker.

Wilton Manors nursing home assistant faces abuse charges, Miami Herald, August 5, 2009

Violence by Dementia Patients in Nursing Home Associated with Key Factors, Senior Journal, June 27, 2006

Related Web Resources:

Continue reading "Nursing Assistant Charged with Nursing Home Abuse Allegedly Punched Resident’s Face" »

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July 31, 2009

Nursing Home Negligence Allegations Leads to $1,450 Fine

The Devon Gables nursing home has agreed to pay $1,450 for a number of nursing home violations, including:

• Failing to contact a doctor immediately over a patient’s red skin. The condition became an infected pressure wound and the resident required hospitalization.

• Administering a drug to a resident who was allergic to narcotics.

• Failing to come up with a post-discharge plan for a nursing home resident that was let go from the nursing home and placed in an unsanitary and inappropriate living situation.

• Failing to report an incident of nursing home abuse to the state.

• Failing to properly document before and after assessments for patients diagnosed with end-stage renal disease. These residents later had to undergo dialysis.

At least three nursing home neglect lawsuits have been filed against Devon Gables. Two of the complaints are accusing the nursing home of wrongful death.

Illinois Nursing Homes
It is the job of the Illinois Department of Public Health to make sure that nursing homes are in full compliance with mandatory state regulations. The IDPH makes about 1,300 nursing home inspections each year and addresses about 6,000 complaints. Illinois nursing homes are inspected an average of once a year. The IDPH will cite an Illinois nursing home for deficiencies.

Deficiencies that cause serious injury or death must be remedied by the long-term care facility, and the facility can be held accountable in civil court if a nursing home resident suffered as a result.

Arizona nursing home agrees to pay $1,450 violation!, Justice News Flash, July 29, 2009

Who Regulates Nursing Homes?, IDPH


Related Web Resources:
Illinois Nursing Home Watch List, Member of the Family

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July 29, 2009

Nurse Pleads No Contest to Nursing Home Neglect

A license practical nurse at Jaquith Nursing Home is accused of neglecting to properly assess a nursing resident who fell and for failing to tell the family and a doctor about the accident. Sandra Whitehead has pleaded no contest to the charge of the misdemeanor neglect of a vulnerable adult.

Because of the fall accident, the elderly nursing resident broke his clavical and a number of ribs. The patient was in pain but was unable to communicate this to nursing home staffers.

Whitehead is also accused of failing to obey nursing home and nursing guidelines regarding how to document fall accidents. While the Attorney General’s Office says the nurse was not responsible for the elderly resident’s fall, officials claim she had an ethical and professional duty to make sure that a doctor properly examined the patient. She should have also notified nursing staff who relieved her from duty about what happened so they could closely monitor him.

A judge has ordered Whitehead to pay $600 in fines and court expenses. Whitehead also needs to complete 40 hours of community service.

Injuries during a fall accident can be serious and especially painful. It is important that such injuries are checked out by a physician right away. Elderly and physically frail nursing home residents are especially prone to serious injuries during fall accidents. Unless the injured patient gets help right away, complications and even death can result.

If you think a nursing home or one of its worker’s could have done more to prevent your loved one’s fall accident or make sure the resident received the proper and necessary care for fall injuries, including broken bones, hip injuries, spinal cord injuries, and head injuries, you should explore your legal options regarding Chicago nursing home neglect or abuse.

Madison Co. LPN pleads in neglect case, ClarionLedger, July 29, 2009

Madison resident answers to neglect charges, McHerald, July 29, 2009

Related Web Resource:
Recognizing Elder Abuse, BendBulletin, July 24, 2009

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July 28, 2009

Nursing Home Fall Accident Involving 93-Year-Old Resident is Under Investigation

The Department of Social and Health Services is investigating a slip and fall accident involving a 93-year-old nursing home resident. The elderly woman, who was injured while getting out of bed, was transported to a hospital and later died after she was sent to hospice care.

According to the state agency, after the slip and fall accident the nursing home patient was treated for a skin tear on her arm and a cut on her head. The DSHS, however, wants to determine whether the resident was properly supervised at the nursing home or if she was a victim of nursing home negligence.

The agency reportedly received four reports on its hotline regarding the care this particular patient received at the Life Care Center of Bothell.

Slip and Fall Accidents
While elderly seniors are at higher risk of becoming involved in slip and fall accidents, it is the responsibility of the nursing home where an elderly patient is residing to properly supervise all residents—especially those that are known fall risks—and make sure that they are provided with the proper safety measures to prevent slip and fall accidents from happening.

The CDC says that about 1,800 nursing home residents die because of fall-related accidents each year. Many residents that survive fall accidents find themselves impaired, in pain, or living a reduced quality of life because of their slip and fall accident.

Common causes of nursing home falls:

• Poor lighting
• Wet floors
• Beds that are not the proper height
• Improperly fitted or defective wheelchairs
• Debris or objects on the ground
• Lack of railings in hallways
• Inadequate supervision
• Dizziness caused by medication
• Walking problems
• Improper or inadequate walking aids

If you believe that your loved one was injured during a fall accident in an Illinois nursing home because workers were negligent or careless or abusive, you may have grounds for a Chicago nursing home neglect lawsuit.

Nursing home fall sparks inquiry, HeraldNet, July 14, 2009

Falls in Nursing Homes, CDC


Related Web Resources:
Falls in the Elderly, AAFP

Nursing Homes in Illinois

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July 24, 2009

Illinois Officials Appeal Sangamon County Judge’s Decision Limiting Nursing Home Fines to $10,000

In Illinois, state officials are appealing a decision made by a judge in Sangamon County limiting nursing home fines to $10,000. The ruling has already affected numerous cases. 40 Illinois nursing homes have had their fines reduced since the February 13 ruling, and Illinois officials are looking at over 80 other cases going back to 2006 and considering whether to reduce those fines, which exceeded $10,000.
For example, one Illinois nursing home, Woodstock Residence (now called Crossroads are Center), was fined $300,000 last year. 5 suspicious deaths occurred at the Woodstock nursing home.

The case that limited nursing home fines involved the 2006 death of 95-year-old Katherine Martin at Rosewood Care Center. The Peoria nursing home was fined $25,000 and had appealed the decision. In February 2009, Circuit Judge Leo Zappa found that the Illinois Department of Public Health had violated state law when it started imposing fines over $10,000. Zappa has barred the department from enforcing fines beyond this amount for past cases that are still pending, as well as future cases.

Public Health officials, however, say that state law lets them raise nursing home fines to up to $50,000—especially when poor nursing care leads to a nursing home resident’s death. Officials also started issuing fines of at least $20,000 when poor nursing care allegedly caused serious patient injuries.

Some of the nursing home cases that have resulted in reduced fines of $10,000 since Zappa’s order:

Maryville Manor: The Maryville nursing home was fined $40,000 after residents were discovered with pressure sores and bed sores. The Illinois assisted living facility was also fined for inadequate recreational activities.

Peachtree Estates: The Jonesboro nursing home was fined $20,000 after an inspection found that a 73-year-old patient was not given immediate medical attention after she fell and hit her head. She also fell on two other occasions prior to this alleged Illinios nursing home neglect incident.

Evergreen Nursing and Rehab Center: The Effingham nursing home was fined $25,000 following the 2006 death of an 84-year-old patient who suffocated after getting caught in a defective bedrail.

Dearborn Court: The Kankakee nursing home was fined $30,000 after two employees were accused of assaulting a 64-year-old female patient in 2007. The nursing home workers are accused of Illinois nursing home abuse for allegedly hitting the patient with plastic hangers, using a belt to tie her up, punching her in the stomach and head, and trying to choke her.

State challenges $10,000 fine limit for nursing homes, S-JR.com, July 20, 2009

Judge limits fines against nursing homes, My Suburban Life, May 14, 2009


Related Web Resource:
Illinois Department of Public Health

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July 22, 2009

Nursing Home Sexual Assault: Employee Charged with Raping Patient

A nursing home worker has been charged with second-degree rape and endangering the welfare of an incompetent or physically disabled person. Kipper Allen Stevens is accused of engaging in sexual intercourse with a female patient last December at Shore Winds Nursing Home. At the time, Stevens was working as a licensed practical nurse at the assisted living facility.

The victim is a middle-aged woman who suffers from a mental disability. As a result of her impairment, she was unable to give her consent to the sexual act. After the alleged sexual assault, she was transferred to another nursing home.

The indictment against Stevens comes after a six-month probe into the alleged incident. Another worker at the facility witnessed the alleged nursing home sexual abuse and notified management. Stevens claims that his relationship with the patient was one between two consenting adults.

Shore Winds maintains that it performs thorough background checks on potential employees. Stevens does not have any prior arrests on his record.

Sexual Assaults at Nursing Homes
Illinois nursing home residents must not only contend with the threat of possible physical abuse or neglect, but they can also be at risk of becoming victims of nursing home sexual abuse or assault.

Some examples of Nursing Home Sexual Abuse:

• Molestation
• Fondling
• Propositioning a resident
• Rape
• Engaging in sexual acts with a patient who is unable to give his or her consent

Recently, our Chicago nursing home abuse law firm posted a blog about allegations made against LaSalle County Nursing Home. The Illinois assisted living facility is accused of failing to stop a male resident from molesting 10 female residents. Many of the victims suffered from dementia or were incapacitated in other ways.

Chicago nursing homes are responsible for making sure that residents do not become the victims of Illinois nursing home neglect or abuse.

Nursing home employee accused of rape, Rocnow.com, July 15, 2009

LPN on Sex with Nursing Home Resident: "It Was Nothing Malicious", 13 WHAM.com, July 16, 2009


Report: Illinois nursing home allowed sexual abuse, Daily Herald, July 3, 2009


Related Web Resources:
Elder Sexual Abuse in Nursing Homes, Articlesbase.com, August 29, 2008

Illinois Department of Public Health

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July 21, 2009

Woman Files $2.9 Million Elder Financial Abuse Lawsuit Against Nursing Home Owner

A 73-year-old former nursing home resident is suing the owner of two assisted living facilities for $2.9 million. Daisy Mae Clark filed her elder financial abuse lawsuit earlier this month against nursing home owner Thomas Richard Williams, his wife Doris Williams, and employee Dorothy Pendergrass.

Williams obtained Clark’s power of attorney in November 2004. The 73-year-old woman is accusing him of using her personal checking account to make questionable transactions. Clark’s lawyer says Williams used Clark’s account as his personal account, which he wasn’t supposed to do.

According to the elder financial abuse complaint, Williams illegally mixed his business and personal funds with Clark’s assets. He also allegedly took funds from other nursing home residents’ accounts and deposited them in the elderly woman’s accounts—an illegal action to take under state law.

Clark says some 2,958 violations were made against her. She is seeking a return of the money she paid Williams when she was staying in the nursing home. She also wishes to obtain damages for the mental anguish that his actions have caused her. Her attorney says that Clark was not allowed access to her own account records and the facility kept her “captive” and refused to provide her with her identification when she did leave.

In March 2009, Clark checked her account and noticed all of the activity that had occurred during the last five years. She closed the joint account she shared with Williams and revoked the power of attorney she had given him.

Unfortunately, many people consider elderly nursing home residents easy targets of elder financial abuse. This is not only a violation of a person’s rights, but it can seriously affect the patient’s ability to pay for the resources and services that he or she may need during the later years of life. Many elderly persons spend their lives saving up for their retirement. Elder financial abuse is against the law in Illinois and can be grounds for a civil lawsuit against a Chicago nursing home or another person or entity responsible for committing this crime.

Why Elderly Persons are At Risk of Becoming the Victims of Financial Abuse:

• They have retirement savings.
• They may not know their assets’ value.
• They may be dependent on others to handle their finances.
• Their poor health may make them less likely to press criminal charges.
• They may not be aware that they are the victims of financial abuse.


Floyd County woman sues nursing home owner for $2.9 million, RomeNews-Tribune.com, July 14, 2009

Financial Abuse, National Committee for the Prevention of Elder Abuse

Related Web Resources:
Helpguide.org

As recession grinds on, financial abuse of elders takes a growing toll, Boston.com, July 16, 2009


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July 15, 2009

Nursing Home Compare System Garners Mixed Reviews

The federal government’s Nursing Home Compare rating system has been in effect for more than six months. It gives the families of nursing home patients a way to compare nursing homes according to state health inspection findings, the number of employees working at each assisted living facility, and the number of hours of licensed nursing care that each patient receives on a daily basis.

15,600 million nursing homes have received their star ratings. A 1-star signifies that the nursing home received a much below average rating compared to other assisted living facilities, while a 5-star means that the government thinks that the quality of nursing care and services that the long-term care facility offers is way above average in comparison.

The new ratings system, however, has earned mixed reviews. The nursing home industry says that it doesn’t offer a full picture of the kind of care that each nursing home actually provides. One consumer group wants the site to give more details about quality-of-care and inspection results. Some industry members want the federal government to change the way the ratings system evaluates staffing because the number of workers at a nursing home is not indicative of the actual care a resident may receive. Some people are also concerned that employee information has not been verified.

The CMS now wants to gather feedback about its Nursing Home Compare rating system. It intends to survey users about whether the site meets their needs.

Finding the Right Nursing Home for Your Loved One
Although reviews can be helpful, it is important that you actually visit a nursing home. Not only will you get a firsthand look at the facilities, but you will be able to watch the nursing staff interact with the residents and get a feel for whether or not the assisted living facility is the right place for your loved one.

Choosing the right Illinois nursing home is an important decision. Every day, sick and elderly patients are victims of Chicago nursing home neglect and abuse. You want to make sure that your loved one does not become one of these people.

Nursing-Home Ratings Earn Mixed Reviews, Washington Post, July 14, 2009

Debate Surrounds Federal System That Rates Nursing Homes, Medical News, July 15, 2009


Related Web Resources:
Nursing Home Compare, Medicare.gov

Nursing Homes in Illinois

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July 13, 2009

Nursing Home Abuse: 92-Year-Old Nursing Home Resident Claims that Nurse’s Aide Assaulted Him

A 92-year-old nursing home resident says that he is the victim of nursing home assault at the Shady Lane Nursing Home. Robert Ogbin, a World War II veteran, plans to sue the county for his personal injuries.

According to Ogbin’s nursing home abuse lawyer, the nurse’s aid grabbed the elderly resident by the ears and started slamming his head into the mattress. The alleged nursing home abuse incident occurred on June 17. As a result of the assault, Ogbin sustained severe ear lacerations.

Ogbin has lived at Shady Lane for almost two years. He has dementia and Parkinson’s disease.

Nursing Home Assault
Assaulting a Chicago nursing home resident is a crime. A nursing home worker that physically assaults or sexually abuses a patient is not only inflicting harm on the patient but the worker is also taking advantage of the position of authority he or she has as the resident’s caregiver.

When a nursing home resident becomes the victim of Chicago nursing home abuse, the long-term care facility can be held liable for Illinois nursing home negligence. Reasons for a civil complaint may include:

• Failure to properly check an employee’s background
• Inadequate employee training
• Inadequate employee supervision
• Failure to protect residents from nursing home abuse or neglect

Nursing home residents that are very frail or sick or who suffer from mental illnesses are especially vulnerable to becoming the victims of Chicago nursing home abuse or neglect. Many of them are too sick or too frail to protect themselves and/or they may not be aware of what is happening to them at the time. These are even more reasons why a nursing home must make sure that residents are not harmed while staying at an assisted living facility.

92-year-old Shady Lane Nursing Home patient claims abuse by nurse's aide, has filed notice of intent to sue, New Jersey.com, July 2, 2009


Related Web Resources:
National Citizen's Coalition for Nursing Home Reform

1987 Nursing Home Reform Act


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July 11, 2009

Family Files Cook County, Illinois Nursing Home Abuse and Neglect Lawsuit Against Norridge Assisted Living Facility

In Illinois, the family of Arcadio and Francisca Arce are suing Central Baptist Village Inc. for nursing home neglect and abuse. Both Francisca and Arcadio are disabled. They were admitted to the Norridge facility in June 2004.

According to the Cook County nursing home abuse and neglect complaint, Francisca, 68, was physically assaulted multiple times between December 2008 and February 2009 in her room, the bathroom, and the shower. While the plaintiffs did not name a specific assailant, they are accusing the Norridge nursing home of being responsible for the abuse and failing to stop the incidents from happening.

The Illinois nursing home neglect and abuse lawsuit claims that between October 2008 and February 2009, Arcadio, 77, was the victim of nursing home neglect when he was given the wrong medication. Rather than giving him his medicine, the complaint contends that workers gave him Francisca’s medication instead, which caused him to experience harm and become physically ill.

The Illinois nursing home abuse and neglect lawsuit is seeking over $200,000 in damages.

When family members place their loved ones in a Cook County nursing home, they are entrusting the care of the people they love into the hands of professionals. It is the responsibility of these professionals to provide that care while making sure that patients do not suffer physical or emotional harm under their watch. Failure to fulfill these duties can be grounds for an Illinois nursing home neglect and abuse complaint.

Not only is it important to hold a negligent nursing home liable for abuse or neglect, but it is even more important to make sure that you remove your loved one from this dangerous environment.

Family accuses Norridge nursing home of abuse, Sun-Times News Group, July 9, 2009

Nursing Home Abuse Overview, Justia

Related Web Resources:
Central Baptist Village

Nursing Home Compare, Medicare.gov

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July 9, 2009

Chicago Home Health-Care Nurse Knew Cerebral Palsy Teen was Victim of Neglect

A 74-year-old at-home nurse has been ordered to serve a 2-year probation sentence and 60-days of community service for failing to tell authorities that a South Side teen was the victim of neglect. The boy had cerebral palsy and died of sepsis because he had bedsores that became infected after they were not treated.

Morris Lee Brinkley pleaded guilty to not reporting neglect or abuse, as well as to the criminal neglect of a disabled person. Prosecutors originally wanted her to serve a 12-year prison sentence.

Brinkley worked as a nurse for over 50 years. She cared for the disabled teen on weekends. She acknowledged that she was aware that the teen was malnourished, was left in his excrement, and suffered from bedsores. She also conceded that she knew that the boy’s mother would cancel his doctor appointments.

The boy’s mother, Kesheia Phillips and Loren Brown, another nurse, also face charges related to his death.

Last March, Phillips took Jaylen to the hospital because he was experiencing difficulty breathing. He died in May 2008. Autopsy results indicate that the teen was severely malnourished. Authorities are calling his death a homicide.

Chicago Nursing Negligence
Our Chicago nursing negligence law firm represents injured parties and their families with neglect and abuse cases against Illinois nursing homes or at-home professional caregivers and nurses. Private nurses and Chicago nursing homes are responsible for the care of their patients. Failure to provide that care can be grounds for an Illinois nursing home neglect claim.

In-home nurse gets probation for role in neglect death, Chicago Tribune, June 23, 2009

Severely Disabled 13-Year-Old Died From Neglect, Chicagoist.com, May 22, 2008

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July 7, 2009

Two Chicago Nursing Homes Receive 5-Star Ratings Despite Fire Deficiencies

A number of nursing home experts have expressed dismay that the federal government has chosen to give five-star ratings to two Illinois nursing homes even though both assisted living facilities exhibited fire deficiencies. As Fire Sprinkler Advisory Board member Tom Lia noted, Illinois nursing home must have fire protections—especially as sick or elderly residents may need help escaping from a premise when a fire breaks out.

The Grove at Lincoln Park received five stars under Medicare and Medicaid’s Nursing Home Compare rating system last year. Yet also in 2008, inspectors found seven fire-related violations. One of these violations involved sprinklers that were improperly maintained and not in working order. The Arbour Health Care Center, another Chicago nursing home that received a 5-star rating last year, also had four fire deficiencies.

The federal government’s Nursing Home Compare ratings are supposed to give prospective nursing home residents and their families a system that they can use to evaluate and compare different nursing homes to best determine which facility would be the best fit for an elderly or sick patient. Assisted living facilities that receive five-star ratings are considered above average, while nursing homes that get just one-star are considered way below average in comparison to other facilities in the area.

The Medicare Web site says that the rating system takes into account nursing home staffing, health inspections, quality measures, and fire safety standards when choosing how to rank each nursing home. Medicare’s Ellen Greif, however, says that life safety code, which includes fire code violations, is not part of the ratings calculation. This is unfortunate, considering that many families look to the federal rating system as an accurate source of information about the quality of care and the kind of living situation that a prospective resident will likely encounter at the facility.

Fires can break out at Illinois nursing homes. Just last year, Igor Shteyn, 67, died in a fire at the Hampton Plaza Health Care Centre. His children sued the Niles nursing home for Illinois nursing negligence and wrongful death. They claimed that the nursing home workers were not properly trained in dealing with the fire. Shteyn's roommate, 76-year-old Naum Berdichevsky, also died.

The absence of properly working fire sprinklers in a building can pose a fire hazard that can be grounds for a nursing home negligence claim, a products liability complaint, or a wrongful death lawsuit if a patient or a visitor gets hurt or dies in a fire. Congress even passed the “The Nursing Home Fire Safety Act,” which requires that all nursing home facilities that are part of the Medicare and Medicaid Programs have automatic fire sprinkler systems.

Five-Star Farce?, MyFox Chicago, June 30, 2009

Officials investigate Niles nursing home fire, ABClocalgo.com, May 15, 2008


Related Web Resources:
Nursing Home Compare, Medicare.gov

Northern Illinois Fire Sprinkler Advisory Board

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July 3, 2009

Chicago Nursing Home Abuse Law Firm: IDPH says Male resident sexually abused 10 La Salle County Nursing Home female patients

The Illinois Department of Public Health says that the La Salle County Nursing Home’s inability to protect female residents from sexual abuse allowed one male resident to molest 10 patients. All of the nursing home sexual abuse incidents occurred within the last six months. On June 4, the IDPH designated the long-term care facility as a nursing home in “Immediate Jeopardy” since December 24, 2008, when the nursing home failed to immediately investigate claims that a male resident was engaging in inappropriate sexual conduct.

As a result of the nursing home’s failure to act immediately, IDPH says the male resident was able to sexually abuse female residents that were suffering from dementia.

Inappropriate sexual conduct the male resident is accused of include:

• Trying to persuade female residents to come to his room.
• Kissing female residents.
• Trying to “handle” female patients.
• Propositioning residents to engage in sexual relations with him.
• Inappropriately touching patients under their clothes.
• Fondling patients.
• Exposing his genitalia to residents.

The male resident was removed from La Salle County Nursing Home last month and he was transferred to a psychiatric facility.

It is hard enough for any woman to fend of inappropriate sexual advances from an male assailant. Patients suffering from dementia are admitted to Illinois nursing homes because they need help taking care of themselves. Nursing home workers are not only charged with these patients’ daily care, but they must make sure that they are protected from any inappropriate sexual misconduct—including sexual advances from nursing home workers or other residents.

Failure by a nursing home to prevent sexual abuse or investigate sexual abuse allegations, which can lead to more residents’ becoming the victim of abuse, can be grounds for an Illinois nursing home neglect lawsuit.

IDPH: Ten residents sexually abused at La Salle County Nursing Home, NewsTribune.com, July 2, 2009

Read the Report (PDF)

Related Web Resources:
Illinois Department of Public Health

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June 29, 2009

Jury Awards Former Nursing Home Abuse Victim Almost $1.34 Million for Neglect Leading to Multiple Fall Injuries

A jury has awarded a former nursing home patient almost $1.34 million for the reckless abuse and neglect that she suffered while staying at a residential care facility. In the case against Leisure Palms, Elaine Stinson was awarded $500,000 for general damages, $88,000 for past medical expenses, and $750,000 for punitive damages. An additional $400,000 is likely once a post-judgment motion for expert fees, attorneys, and costs are added.

The nursing home abuse case involves Stinson, who began staying at the assisted living facility in October 2006. She was 82 at the time and recovering from hip surgery. She has Alzheimer’s and needed constant supervision because she was a fall and wander risk. Her medication needed to be strictly managed.

Yet by the end of December 2006, Stinson had fallen three times. After falling on December 31, 2006, she sustained a head contusion, a punctured lung, and three broken bones. The nursing home, however, waited to contact a doctor or family members.

When Stinson’s husband Alvin arrived the next morning, she was nonresponsive. He called 911 and she was taken to the hospital for emergency surgery. She made a full recovery, although at first doctors thought she wouldn’t survive.

Alvin died two weeks after Stinson was discharged in October 2007. Before his death, he filed a complaint with the Department of Social Services about the way the nursing home neglected his wife. The long-term care facility was cited for unsafe practices. Stinson sued for nursing home neglect in January 2008.

The defendants have always maintained that they did nothing wrong. They even accused Alvin of causing injury to his wife.


Fall Accidents
As our Chicago nursing home abuse law firm has discussed in the past, fall accidents can be catastrophic for elderly residents. They can sustain serious injuries by simply tripping and falling onto the ground or falling while getting out of bed.

Nursing homes know that many elderly and sick residents must be closely supervised so that they don’t fall. Inadequate resident supervision and failure to implement or follow a care plan are just two reasons why a Chicago nursing home might be found liable for Illinois nursing home negligence if a patient gets hurt.

Vista Jury Awards a Groundbreaking Verdict in Elder Abuse/Neglect Case, Topix, June 29, 2009


Related Web Resources:
Preventing Falls Among Older Adults, CDC

Elder Abuse and Neglect: In Search of Solutions, APA Online

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June 25, 2009

Nursing Home Abuse: Worker Arrested for Sexually Assaulting Patients

Police have charged a certified nursing assistant with six counts of third-degree assault. Mark A. Genetiano, 24, worked at the Hiolani Care Center where the three victims live. He was fired from the nursing home on the day of his arrest.

One victim is 89 and the other two women are 92. All of them have dementia. Police say the sexual assaults took place over a one-month period, between May 1 and June 1, and witnesses reportedly saw the assault incidents happen.

A court document states that on May 29, a co-worker saw the 24-year-old hold down a resident’s arms while he pinched her bare left nipple. The co-worker and Genetiano were changing the patient at the time. The victim reportedly yelled at him to leave her alone and “stop” while he laughed at her.

Genetiano is accused of fondling the other residents. The Star Bulletin reports that Genetiano has admitted to pinching one resident because she hit his head and he wanted to hurt her in return.

Nursing Home Negligence
Nursing homes have a responsibility to make sure that there is adequate security on the premise so that patients do not become the victims of sexual assault or physical abuse. This means that they need to screen nursing home workers to make sure they don't have criminal records while maintaining an environment that doesn't make it easy for anyone—not just a nursing home worker—to assault anyone.

Just this week, a man was arrested for allegedly raping a female patient. The incident occurred at the Bradford Square Rehabilitation And Nursing Center. Harrison Blankenship was charged with first degree sexual abuse.

A nursing home worker reportedly walked in on Blankenship having sex with the resident. Blankenship denies the allegations.

The 84-year-old is a registered sex offender. He raped a 13-year-old girl in 1995.

Ex-nursing aide allegedly pinched, fondled 3 patients, Star Bulletin, June 20, 2009

Man Arrested In Nursing Home Abuse Case, WTVQ, June 23, 2009


Related Web Resources:
Elder Abuse, Helpguide.org

Nursing Homes in Illinois

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June 25, 2009

Man Sues Belleville Nursing Home Because Elderly Woman Was Injured in Multiple Fall Accidents Prior to Her Death

The friend of a now deceased nursing home resident is suing Calvin Johnson Care Center. Dora Haskins-Bond was a resident at the Belleville facility.

According to James E. Golliday’s civil complaint, which alleges nursing home neglect, Haskins-Bond was injured in a number of fall accidents while staying at the long-term care facility. In one incident, she fractured her right knees and left femur.

Despite knowing that Haskins-Bond was at risk of falling, Golliday contends that the nursing home and its owners neglected to properly monitor her so she wouldn’t fall, did not provide the proper resources to protect her from such accidents, and committed other breaches of duty.

As a result of her fall injuries, Golliday claims that Haskins-Bond experienced substantial physical and mental pain and suffering, became disabled and disfigured, and her pre-existing health conditions suffered. She also incurred medical expenses and her ability to enjoy life suffered.

Golliday is asking for legal fees, over $400,00 in damages, and other relief. Also defendants in the lawsuit are Steven Wolf, the administrative manager of Eldercare Inc., and Prudence Wolf, who has an ownership stake in the company.

Facts About Older Adults and Fall Accidents (CDC Web site):
• Each year, over 1/3rd of adults age 65 and are involved in fall accidents.
• For older adults, the number one cause of injury deaths is falls.
• 15,800 seniors died because they were involved in fall accidents in 2005.
• That same year, 1.8 million seniors went to hospital emergency rooms because they fell and sustained nonfatal injuries.
• Over 433,000 of these people were hospitalized for their fall injuries.
• The majority of fractures sustained by elderly people occur during fall accidents.
• Fractures from fall accidents usually occur on the hip, leg, forearm, spine, ankle, hand, and upper arm.

Man sues over friend's nursing home falls, The Record, June 13, 2009

Falls Among Older Adults: An Overview, Centers for Disease Control and Prevention

Related Web Resources:
Falls in the Elderly, PubMedCentral.NIH.gov

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June 22, 2009

Illinois Nursing Home Negligence: State Officials May Shut Down Oak Law Nursing Home

Although the Regal Health and Rehab Center, an Oak Lawn nursing home, is now in compliance with state regulations after remedying a number of complaints, the Illinois Department of Public Health is still considering closing down the long-term care facility. The Oak Lawn nursing home may have made its corrections, but department spokesperson says that these changes were not made soon enough or to the extend that they should have been made. Therefore, the state still believes it has grounds to revoke the long-term care facility’s license.

Just this month, Regal was cited for ceilings that had water damage, dirty appliances and water fountains, floors with rodent droppings, employees that smoked in the building, and employees that washed their hands in a sink that had food in it. In April, a nursing home resident sustained fatal burn injuries after lighting up a cigarette and smoking it while connected to an oxygen machine. A fire broke out, causing the nursing home resident’s injuries. The state Public Health Department fined Regal $10,000 in 2004 for neglecting to investigate an allegation that someone had been sexually assaulted.

The Oak Lawn nursing home currently houses 83 Illinois nursing home patients. The state says it continues to worry over the quality of care that Regal provides its residents.

Illinois Nursing Home Negligence
It can be detrimental to the health of sick or elderly residents at an Illinois nursing home to live in unsanitary conditions. A resident with a weakened immune system may contract a disease or an infection if he or she is made to live in a dirty or unhygienic environment.

Illinois nursing homes are responsible for making sure that residents live in a clean and sanitary environment. Long-term care facilities can be held liable for Illinois nursing home negligence if a patient gets sick or dies because the kitchen or bathrooms were dirty, the bed sheets weren't washed, or the dishes were not cleaned properly.

May Shut Down Nursing Home, SWNewsHerald, June 19, 2009
State wants Oak Lawn nursing home closed, Sun-Times News Group, June 14, 2009


Related Web Resources:
Hospital Infections Often Result From Poor Hygiene, Lead To Increased Costs, Studies Find, Medical News Today, November 23, 2006

National Nursing Home Watch List, Memberofthefamily.net

Continue reading "Illinois Nursing Home Negligence: State Officials May Shut Down Oak Law Nursing Home" »

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June 18, 2009

Chicago Nursing Home Negligence: Woman Files Wrongful Death Lawsuit Over Mother’s Fatal Fall Accident

A Harvard, Illinois woman is suing a Chicago nursing home for her mother’s wrongful death. Jennifer Bowden says Sacred Heart Home was negligent for failing to prevent her mother’s fatal fall accident.

Kathleen Koch, 61, fell in a stairwell at the long-term care facility. The nursing home accident caused her to break her back, sustain head injuries, and become paralyzed. She died eight months after the fall accident.

Bowden’s Chicago nursing home negligence lawsuit contends that workers should have better supervised her mother, who was suffering from schizophrenia and bipolar disorder. Even though the Chicago nursing home knew that Koch was mentally ill, her room was not located close to a nurse’s station and the elderly woman managed to go into the stairwell without supervision.

Chicago nursing home workers are obligated to properly supervise their residents. Some patients may require more supervision than others, and it is up to the nursing home to find out about each resident’s condition and determine how much care and attention he or she needs to stay safe. Some residents may be prone to fall accidents, wandering off the premise, or becoming disoriented, and they may need help getting around. Failure to provide the proper supervision can lead to injury accidents.

The nursing home must also properly supervise workers to make sure that they do their jobs correctly and that they do not abuse or neglect their patients. Otherwise, inadequate supervision of nursing workers could lead to personal injuries or the deterioration of a resident’s health.

According to Medicaid’s Nursing Home Compare ratings, the Sacred Heart Nursing Home received an overall 3 out of 5 stars, which is considered “Average.” The 172-bed Chicago nursing home received 3 out of 5 stars for Health Inspections, 5 stars for Quality Measures, and 1 star for Nursing Home Staffing.

Woman sues nursing home, Northwest Herald, June 12, 2009

Sacred Heart Home, Nursing Home Compare, Medicare.gov


Related Web Resources:
Falls in Nursing Homes, CDC

Sacred Heart Home, Chicago, Illinois, Hospital-Data.com

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June 15, 2009

Chicago Nursing Home Neglect Lawyers: Long-Term Care Facility Fined $16,000 After Patient Found with Maggots Crawling Out of His Leg

State regulators are fining the Azalea Court nursing home $16,000 because a patient that was discovered on the floor who was injured had maggots in his leg cast. The fine against the US nursing home was issued in March.

According to the state inspection report from August 2008, the nursing home neglected to develop a comprehensive care plan for the resident to deal with his broken leg. Although the leg wound and cast should have been tended to every few days, documentation provided by the long-term care facility noted that the patient’s leg was taken care of just once a week. As a result, the patient’s leg became infested with maggots.

State regulators also placed the nursing home on its “watch list” because of its poor performance results during recent inspections. It received one out of five stars for its total inspection grade. In April 2008, Azalea Court received a “J” grade, which meant that nursing home residents’ safety and health were in “immediate jeopardy” from possible mistreatment and abuse.

Azalea says it is working hard to improve the care that it provides residents. The nursing home maintains that quality care is the nursing home’s primary priority.

Maggots that are found in a nursing home patient’s wound can be a sign that workers at the facility have neglected to provide the resident with the proper care needed to treat the injury. Nursing neglect lawsuits have been filed for this very reason.

Earlier this year, the family of a 95-year-old nursing home resident sued Winchester Centre for Health and Rehabilitation for nursing home neglect. Their complaint accuses the long-term care facility of causing Lucy Hale to suffer from malnutrition, poor hygiene, weight loss, dehydration, and bedsores with maggot infestation.

In 2008, the daughter of a nursing home patient whose bedsore was ignored for so long that it developed gangrene and became infested with maggots sued Parkwood Place nursing home for nursing home neglect. Her father, Haviland Mekeel, had to have his foot amputated and he died soon after.

Maggots infest West Palm Beach nursing home resident, Palm Beach Post, June 3, 2009

Maggots In Elderly Woman's Bedsore Trigger Lawsuit, WSBT, March 15, 2009


Related Web Resource:
Nursing Home Compare, Medicare.gov

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June 10, 2009

Nursing Home Neglect: Second Wrongful Death Lawsuit Filed Against Group Home Alleges Inadequate Supervision Led to Men Being Left to Die in More than 90 Degree Heat

A second wrongful death lawsuit has been filed against the Angel Arms Family Group Home related to the deaths last June of two men that were staying at the care facility. The two men that died were 42-year-old Thomas Calhoun and his roommate John Jones, 79.

The plaintiffs contend that both men, who were roommates and suffering from mental illnesses, were left unsupervised for a considerable length of time in extremely hot weather. As a result of being left unattended in more than 90-degree heat, they both died. Jones’s body temperature was reportedly 105 degrees when he was found unconscious.

According to the coroner, both men were takings medication that made them vulnerable to heat. The group’s home director, Pam Shay, says that air conditioning was too costly, so instead, the windows were kept open to let air into the home. She also had planned to purchase fans. The state has taken away her license.

Calhoun’s family filed their wrongful death complaint this week. Jones’s family filed their nursing home neglect complaint last December.

According to findings from a January 2008 inspection of the group home, the facility had committed 29 violations, which included failure to adequately train staff—one worker wasn’t trained and the other worker had only undergone four hours of training over the past year—and the failure to provide a healthy and clean environment. State officials noted dirty dishes in the sink, food stains on the carpets, missing ceramic tiles in the kitchen, piles of rugs in the laundry room that were considered a fire hazard, cobwebs, and beds with soiled sheets. In May 2008, officials that conducted a follow-up investigation found that the violations had been corrected.

2nd wrongful death suit filed against group home, WTOL11.com, June 9,2009

State reveals South Toledo group home had 29 violations, Toledo Blade, June 19, 2008


Related Web Resource:
Heat Stroke Can Sneak Up and Kill, CNN, July 28, 1999

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June 9, 2009

Wrongful Death Settlement: Families of Nursing Home Residents Killed in Bus Fire During Hurricane Rita Awarded $80 Million

The families of the 23 nursing home residents that died in a bus fire during Hurricane Rita will receive $80 million for their wrongful deaths. The plaintiffs had accused Sunrise Senior Living Services of McLean, the owner of the nursing home Brighton Gardens, of negligence due to its alleged failure to properly screen Global Limo Inc, which provided the bus that proved to be unsafe.

The nursing home residents were killed in 2005 when the bus that was evacuating them from Hurricane Rita caught fire. According to the National Highway Traffic Safety Administration, insufficient lubrication of a rear axle was the probable cause of the deadly bus accident. The axle overheated and caused the wheel well to catch fire, which then spread onto the bus.

Among the defendants that settled were bus maker Motor Coach Industries, axle and rear wheel assembly designer ArvinMeritor Inc, component maker SKF Industries, Global Charter, the Bus Bank, Global Limo, Valley Volvo, and K & S Towing. The families of the deceased nursing home workers claim that MCI and the component manufactures were aware that there was a defect in the hub and axle system that could cause personal injuries.

There are other defendants that have yet to settle the wrongful death claims against them and a civil trial is scheduled for September.

Nursing Home Negligence
If someone you love died while under the supervision of a nursing home because the long-term care facility failed in some way to provide the proper care and protection, you may have grounds for filing an Illinois nursing home neglect complaint for personal injury or wrongful death. In the event that other parties can be held liable, you may also be able to sue for Illinois personal injury or wrongful death.

Settlement over Hurricane Rita bus fire brings closure, Chron.com, June 4, 2009

Hurricane Rita Bus Fire Families Settle Lawsuits, CBS11tv.com, June 4, 2009


Related Web Resource:
Hurricane Rita Evacuee Bus From Texas Explodes, Firehouse.com, September 23, 2005

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June 8, 2009

Chicago Nursing Home Abuse Lawyers: Certified Nursing Assistant is Fired for Taking Cell Phone Photos of Unclothed Residents

The Pigeon Forge Care and Rehabilitation Center has dismissed a certified nursing assistant after pictures of nursing home residents that were unclothed were found on the worker’s cell phone. The nursing home, which is facing a state penalty for the unauthorized cell phone images, is now banning all of its nursing home employees from using cell phones in areas where there are residents.

The pictures of the unclothed residents were discovered after the nursing home worker left the phone in a restaurant. A restaurant employee looked through the phone identify its owner and saw the pictures.

The phone was returned to the nursing home staffers, who contacted the state about the images. The long-term care facility fired the nursing home assistant that owns the phone. The nursing home also fired another certified nursing assistant that was in some of the pictures. Two other nursing home workers that were linked to the cell phone photos had already left the employ of the facility.

When investigators questioned the nursing home assistant about the pictures, the worker called the patients his “babies” and claimed the pictures were for “my memories.”

The images of the 12 residents include 27 videos and 47 pictures that were taken between July 2007 and March 2009. Photos show the various residents in different states of undress. Video footage shows residents engaging in different acts, including some residents trying to feed themselves. One video shows a patient eating without dentures. Another video shows nursing home workers shaking a resident in attempt to get the patient to make a specific noise.

According to the state, the nursing home failed to protect its residents from nursing home abuse and allowed the patients’ privacy, dignity, and safety to be compromised.

Taking photographs of a nursing home resident without his or her consent is a violation of the patient’s privacy. It is also a form of nursing home abuse. People that stay in nursing homes are usually sick, mentally ill, or frail enough that they require full-time special medical and nursing care. Many of them are too weak or sick or vulnerable to be able to protect themselves from nursing home abuse or neglect.

Worker took images of several unclothed residents at nursing home, Knoxnews.com, June 6, 2009

Nursing home ordered to not admit new patients, Miami Herald, May 28, 2009


Related Web Resources:
Sex and intimacy in the nursing home: among many issues, resident privacy is key, The Free Library

Elder Abuse, HelpGuide.org

Continue reading "Chicago Nursing Home Abuse Lawyers: Certified Nursing Assistant is Fired for Taking Cell Phone Photos of Unclothed Residents" »

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June 5, 2009

Chicago Reporter Says Cook County Nursing Home is Defendant in Three Times as Many Lawsuits as 50% of Chicago’s Nursing Homes

According to the Chicago Reporter, the Alden Wentworth Rehabilitation and Health Care Center has the worst rating that a US nursing home can receive for quality of care and is the defendant in three times as many lawsuits as half of the 91 nursing homes in Chicago. The Alden Wentworth Rehabilitation and Health Care Center, located in the South Side, was in the headlines recently when an 84-year-old resident died after falling four stories. Now, the Chicago lawyer for Bennie Saxon’s family is alleging Chicago nursing home neglect.

If Saxon’s family files a Chicago nursing home neglect lawsuit against the South Side long-term facility, this would be the 14th one filed against the nursing home since 2004. The median for nursing home neglect lawsuits directed at a home is usually four complaints.

The Greater Grand Crossing long-term care facility is owned by Floyd Schlossberg. The Chicago Reporter says that they noted racial disparities in the type of care that residents at a Schlossberg-owned Illinois nursing home receive:

• Nursing Home Compare awarded his Illinois predominantly black facilities the lowest possibly rating.

• Residents at his primarily African-American facilities don't get as much time with nursing home workers as patients living in the predominantly white facilities.

When examining nursing homes throughout Chicago, the Chicago Reporter noted that the difference between the care provide at predominantly white nursing homes and black ones was even greater if Medicaid funds at least 75% of the patient care.

All Chicago nursing home residents are entitled to the proper care—regardless of race or whether or not their stay at a nursing home is funded by the federal government. Any nursing care that is less than the proper care that a nursing home patient needs can be grounds for a nursing home neglect lawsuit if the patient’s condition deteriorates or he or she sustains injuries or dies.

Disparate Nursing Home Care, The Chicago Reporter

Floyd A. Schlossberg, Alden Health Care and Senior Living


Related Web Resources:
Illinois Nursing Homes

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June 3, 2009

Illinois Nursing Home Neglect Lawsuit Seeking Damages for Resident’s Fall Accident

The guardian of River Reed, a 95-year-old woman, is suing Stearns Nursing Home and Rehabilitation for the elderly resident’s fall accident injuries. According to Hazel Timmons’s Illinois nursing home neglect lawsuit, Reed fell and fractured her hips on two separate occasions.

Reed resided at the Granite City long-term care facility from May 25, 2007 until July 7. Upon her admission to the Illinois nursing home, workers were notified that the elderly resident had dementia and Alzheimer’s and often became confused and disoriented.

The Illinois nursing home neglect complaint contends that despite knowing Reed’s mental state, nursing home workers allowed her to walk around the long-term care facility without supervision on the night of May 29, 2007. It was during this first incident that Reed fell and fractured her left hip.

Reed got hurt after falling again on June 6, 2007 when she was left in a wheelchair without a personal alarm or supervision. She fractured her other hip on June 15, 2007 when, the nursing home neglect complaint contends, once again Reed was left unattended or with her alarm not turned on and she tried walking without help.

The Illinois nursing home neglect lawsuit is seeking damages for Reed’s physical and mental suffering caused by the nursing home workers’ negligence, as well as the medical bills that she now has to pay as a result of her nursing home neglect injuries.

Fractured Hips
A fractured hip can be a very serious injury for an elderly person to sustain. According to the Health and Age Web site:

• Up to 20% of elderly people who fracture their hip will die within a year of their injury accident.
• Fatalities are often attributed to post-surgical complications, which can be affected by the elderly person’s overall health.

Nursing home sued over 95-year-old resident's fall, The Record, June 1, 2009

Falls and Injuries, Health and Age

Related Web Resources:
Hip Fracture, About.com

Stearns Nursing Home and Rehabilitation

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June 1, 2009

Chicago Nursing Home Abuse Lawyers: 66% of Elder Abuse Victims are Women, says Older Women’s League

The Older Women’s League’s annual report, “Elder Abuse: A Woman’s Issue” says that of the 500,000 to 5 million seniors that are the victims of serious neglect, abuse or exploitation each year, about 66% of the victims are female—that’s about 3 million elderly women.

Other findings in the report:

• People suffering from dementia are at greater risk of abuse than other elderly victims.
• There are about 5.1 million people in the US older than age 65 that have dementia.
• There are more women than men over 90 with dementia.
• In 2005, 44% of people ages 75 and over suffered from a chronic condition that limited their ability to take part in their usual activities. More women over age 65 reported having this problem.
• According to the Long Term Care Ombudsmen, there were nearly 14,000 allegations of nursing home abuse, exploitation, or gross neglect reported in 2007.
• In 2008, the US General Accountability Office found that 70% of state surveys will accidentally overlook at least one deficiency when evaluating licensed long-term care facilities. 15% may miss a case involving immediate jeopardy and actual harm to a nursing home resident.

OWL considers elder abuse a women’s issue because so many women are among its victims. The older a woman becomes, her physical limitations, communication difficulties, and special needs may make it more difficult for her to escape violence—whether at home or in a US nursing home. Also, of the 800 women 60 years of age and over that took part in a 2006 phone survey, over 50% of them said they had experienced some form of abuse throughout their lives, with many incidents occurring after they turned 55. The abuse incidents appeared to have a long-term impact on the their health.

If you are worried that your mother, wife, sister, or grandmother is the victim of nursing home abuse or neglect or caregiver abuse or neglect, it is important that you remove her from the situation immediately. Elder abuse and neglect are health hazards that could cause your loved one’s condition to seriously deteriorate.

Abuse Frequently Against Elderly Women, EGPNews.com

Elder Abuse: A Women's Issue, 2009

Related Web Resources:
H.R. 448: Elder Abuse Victims Act of 2009, Govtrack.us

Elder Abuse, Office for Victims of Crime

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May 30, 2009

Chicago Elder Abuse Lawyers: Two Daughters Charged with Neglecting Their Mother Testify At Their Criminal Trial

In Kane County Circuit Court, two women that are accused of neglecting their elderly mother testified at their criminal trial on Friday. Julie and Jill Barry are charged in Illinois with criminally neglecting an elderly person.

Mary died in 2007. Her daughters were charged with neglecting her after paramedics that arrived at their home discovered the 84-year-old woman living in poor conditions and suffering from serious bedsores. She passed away from cancer complications at a hospital the following week.

Both women maintain that they never abused their mother. They say they provided her with the care that she needed, including bathing her on a regular basis. They also claim that they didn't realize she was suffering from serious bedsores.

Elder Abuse
Elder abuse is a serious matter that can occur anywhere. Not all elder abuse cases occur in US nursing homes. Abuse and neglect of the elderly is also known to take place in private residences. Nursing home workers, professional caregivers, and family members tasked with caring for an elderly person have all been known to commit elder abuse.

According to the American Psychologist Association:
• For every elder abuse or nursing neglect case reported to police, as many as five cases may go unreported.
• Studies show that elderly people that are abused tend to die earlier even than those who are very sick but are not elder abuse victims.
• Most elder neglect and abuse cases happen in private homes behind closed doors.
• Elder abuse can consist of physical abuse, verbal abuse, emotional abuse, psychological abuse, sexual abuse, and/or financial abuse.

Daughters defend care of elderly mother, Chicago Tribune, May 30, 2009

Elder Abuse and Neglect: In Search of Solutions, APA


Related Web Resources:

Continue reading "Chicago Elder Abuse Lawyers: Two Daughters Charged with Neglecting Their Mother Testify At Their Criminal Trial" »

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May 28, 2009

Former Resident Files Illinois Nursing Home Neglect Lawsuit Over Inadequate Care

In Illinois, former nursing home resident Velma H. Penberthy is suing Cahokia Nursing and Rehabilitation Center for providing her with inadequate nursing care. The plaintiff lived at the long-term care facility from August 18 – December 29, 2008.

Penberthy contends that nursing home workers neglected to provide her with the proper care by failing to come up with a plan to ensure that she was kept clean so that the skin of her abdominal folds didn't become infected, as well as neglecting to come up with the appropriate plans to address her mental, medical, nursing, and psychosocial needs. Penberthy is seeking an Illinois nursing home neglect judgment in excess of $50,000.

Nursing Home Care Plans
Nursing homes are supposed to come up with customized plans designed to address each resident’s medical, nursing, and dietary needs. A sick or elderly person usually doesn’t seek admittance to a long-term care facility unless he or she needs specialized and/or round-the-clock care.

Because there are usually numerous residents living at a nursing home, it is important that nursing home workers have specific instructions regarding the type of care each person will need. These plans may include a list of prescriptions and a schedule for administering the medications, special instructions about nursing care, the need to monitor the patient for specific symptoms, and special feeding and dietary instructions.

It is important that nursing workers adhere to these plans so that a nursing home resident gets the best care possible. It may even be necessary to modify a patient's nursing home care plan as the resident’s health condition changes—whether for better or worse. Failure to provide a resident with the proper nursing care can be grounds for a nursing home neglect lawsuit.

Cahokia Nursing and Rehabilitation Center sued over resident's care, The Record, May 28, 2009

Nursing Care Plan Resources


Related Web Resources:
Nursing Home Related Web Sites, Medicare.gov

Illinois Nursing Home Administrator's Association

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May 27, 2009

Chicago Nursing Home Abuse Lawyers: Chronic Nursing Home Neglect at Facility Forces Residents to Seek Other Housing

Over two dozen nursing home residents are being displaced because the Care Living Center of Edmond, a nursing home, is losing its Medicaid and Medicare funding. According to state health inspectors, the long-term care facility received citations for a number of deficiencies related to medical neglect and nursing neglect that they believe places residents’ welfare, health, and safety in imminent danger.

Incidents of nursing home neglect that were discovered at the US nursing home included failure to turn, feed, or clean certain residents. As a result, some of the nursing home residents had lost a lot of weight. Improper training of staff and failure to answer residents’ call lights were two other problems occuring at the long-term care facility.

Also, nursing home workers’ did not appear to be following medical instructions given by doctors, including monitoring patients’ blood pressure and blood glucose and separating nursing home residents with infectious disease from other patients. One nursing home patient that was not receiving the proper treatment prescribed by a doctor reportedly had 17 bedsores. Two nursing home residents managed to wander off the property and were found blocks away from the nursing home.

Medicare and Medicaid Funding
Medicare and Medicaid funding is provided by the Centers for Medicare and Medicaid Services. If state inspectors visit a nursing home three times and deficiencies cited the first time haven’t been remedied, the funding can be terminated.

Because Care Living Center is losing its funding, 12 Medicare patients and 17 Medicaid residents will have to move to another facility that qualifies for either of these health insurance programs. However, regardless of whether your loved one’s nursing home care is paid for privately or through Medicare or Medicaid, a nursing home is obligated to provide all residents with the proper medical attention and nursing care and in a safe environment that is free from nursing abuse or nursing home neglect.

Edmond inspection forces care home exodus, Newsok.com, May 22, 2009

Centers for Medicare & Medicaid Services: Nursing Home Deficiencies Explained, GilbertGuide.com

Related Web Resources:
Centers for Medicare and Medicaid Services

Nursing Homes in Illinoishttp://www.malmanlaw.com/lawyer-attorney-1214741.html

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May 22, 2009

Three Women Charged with Financially Abusing Senior Who Was Made to Live in Shack without Plumbing

Three women were placed in jail earlier this month after they were accused of committing elder abuse. The defendants are 70-year-old Minni Lee Jeff, 64-year-old Maudeine Mayer, and 37-year-old Angela Townsend.

Jeff is accused of forcing Elija Earl, a 78-year-old man, to live in a shed in her yard. The shed had no plumbing. Jeff was Earl’s caregiver and had been given power of attorney to care for him. She allegedly committed financial elder abuse, spending the majority of the $160,000 he received from a 2005 train accident and placing the remaining funds in her account. Very little of the settlement is believed to have gone toward Earl’s care.

The elder abuse incidents involving Earl reportedly go back a few years when, after the train derailment, Jeff took charge of Earl’s care. The Department of Social Services discovered that Jeff was residing in the shed and moved him to a nursing home. In 2007, Jeff took over Earl's care once more. That was the year that Earl received his train accident settlement.

Earl’s elder abuse case came to light again this year when investigators demanded that Jeff account for Earl's money. A judge sent her to jail earlier this month when she was unable to provide the requested information about her finances.

Police went to retrieve Earl and place him in protective custody but Mayer, who is Jeff’s sister, and Townsend, who is Mayer’s daughter, had taken him with them. They claimed they had just gone out for ice cream but did not bring him to police even though they said they would. They refused to answer the deputies’ phone calls.

Earl was finally placed in protective custody after the women met with investigators and police took them in. Both women are charged with obstruction.

Financial abuse is another form of caregiver abuse that could lead to criminal charges against the person committing the abuse, as well as compel the victim’s family to file a Chicago elder abuse lawsuit.

Some Examples of Financial Abuse:
• Using someone else’s name to obtain a credit card.
• Abusing a power of attorney to take money out of someone’s bank account.
• Pressuring someone to give gifts and money in exchange for services, companionship, or care.
• Taking advantage of someone who isn’t able to make decisions and getting them to give money or make purchases.

Women charged in elder abuse, Aikenstandard.com, May 14, 2009

Related Web Resources:
Elder Financial Abuse, CentralCalLegal.org

Illinois Department on Aging

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May 20, 2009

Chicago Nursing Home Abuse Law Firm: More Nursing Home Workers Accused of Elder Abuse

The problem of nursing home abuse just won’t seem to go away. Today, a former Punta Gorda Elderly Care Center was arrested and charged with the felony elder abuse of a 78-year-old female patient.

The former nursing assistant, 58-year-old Leticia Calderwood, is accused of kicking an elderly resident in the back and slapping her on the face. The nursing home neglect incident allegedly occurred on May 19 as Calderwood and two other nursing home workers were helping the elderly resident get up from a fall accident. It was while Calderwood was supposed to helping the patient that she is accused of kicking and slapping her.

The former nursing home worker is being held without bond. Calderwood faces one charge of abuse on the elderly and one charge of battery on the elderly. Both charges are third-degree felonies.

Elsewhere in the US, a former St. Joseph Nursing Home employee says she thinks she was let go from her job because she used her cell phone to record an incident involving another female nursing home worker verbally abusing a male patient suffering from Alzheimer’s or dementia. Tracie Bowers says that the unidentifiable sound that can be heard on the recording is the other nursing home worker striking the patient’s hand. Bowers says the patient, who is known for being combative, didn’t do anything to provoke the worker.

Bowers says a nursing supervisor didn’t take her complaints about the other nursing home worker seriously, which is why she reported the incident to a charge nurse. Facility administrators then reported her allegations to the state health department, which is now investigating her claim. The nursing home's administrator, Frank Triboli, however, says Bowers was not let go for reporting the alleged abuse incident.

Verbal Abuse
Verbal abuse is abuse and in many ways can be as damaging as physical abuse even though the injuries may not be physically visible. Verbal abuse demeans the spirit and can lead to depression and the deterioration of one’s health.

Any kind of abuse at a nursing home by a nursing home worker is nursing home abuse.

Nursing home worker charged in abuse of woman, 76, Herald Tribune, May 20, 2009

State investigating nursing home abuse claim, UticaOD.com, May 7, 2009


Related Web Resources:
Elder Abuse in Nursing Homes, NOLO

The Verbal Abuse Site

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May 18, 2009

Brooke Shield’s mom signed out of nursing home to lunch with paparazzi without actress's consent

Actress Brooke Shields says she is very upset that a tabloid reporter was able to sign her mother, Teri Shields, out of a US nursing home for a brief visit. Teri, 75, has dementia. The actress says her mother has been temporarily residing in the long-term care facility because of her condition and that the decision to admit her mother to the nursing home was a difficult one.

Police, who were called to the nursing home to look for the older woman, alerted the 43-year-old star about the incident, which occurred on Thursday. While police say that the protocol that the long-term care facility follows allowed for the reporters to sign Teri out of the nursing home, the facility grew concerned that she had been gone for some time.

Teri was found in a restaurant nearby where she was talking to the freelance reporter. Brooke Shields says she is outraged that the National Enquirer approached her mother knowing that the elderly woman's mental health is poor.

The actress is vowing to take legal action against all parties involved. She says that the two reporters that signed her mother out had presented themselves at the home as the older Shields’s friends.

Brooke Shields says the National Enquirer is behind the incident. The tabloid magazine has issued a statement responding to her accusations by saying that Teri had asked the freelance reporter to help her run errands and take her to lunch.

Dementia
Dementia can affect each person afflicted with the condition in different ways. In many instances, the reason a person with dementia is admitted to a nursing home is because he or she needs special help.

Symptoms of Dementia (Again, symptoms will depend on the severity of condition):

• Has problems finding/choosing the right words to say
• Forgets appointments or names or events
• Loses items
• Experiences difficulty performing daily tasks without assistance, such as cooking, cleaning, driving, eating, dressing, bathing, and using the bathroom
• Changes in personality
• Paranoia
• Mood swings
• Confusion
• Disorientation
• Tendency to wander
• Can’t absorb new information
• More susceptible to fall accidents
• Hallucinations
• Poor concentration
• Withdrawal
• Depression
• Confabulation
• Swallowing problems
• Loss of memory
• Health complications

A nursing home that doesn’t take the necessary and proper steps to take care of a dementia patient and make sure that he or she is safe can be held liable for nursing home negligence.

Tabloid took Shields’ mom out of nursing home, People.com, May 17, 2009

Dementia Overview, EMedicineHealth.com


Related Web Resources:
What is Dementia?, NCPAMD.com

Brooke Shields, IMDB

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May 15, 2009

Nursing Home Abuse: Former CNA Charged with Assaulting Bedridden Elderly Resident

A former certified nursing assistant faces criminal charges for elder abuse. 42-year-old John Ette is accused of punching, hitting, and grabbing an 88-year-old resident who is bedridden, has dementia, and is visually impaired. The assault incident allegedly occurred last October at Adirondack Medical Center's Mercy Nursing Home.

Nursing home workers reported the incident to administrators as well as the patient’s family after they noticed bruises on the patient's face. She also sustained a broker collar bone.

Following an internal probe, Ette was fired. The investigation revealed that the former CNA neglected to follow the proper policies and procedures at the hospital for reporting the incident. The nursing home, however, did report the incident to state officials. The Attorney General’s Office then conducted a criminal investigation.

Criminal charges against Ette include willful violation of health laws, second-degree endangering the welfare of a vulnerable elderly person, and endangering the welfare of an incompetent or physically disabled person. If convicted, the former CNA could face up to four years in prison.

Meantime, the victim continues to be a resident at the nursing home.

Nursing Home Abuse Cases
With more people living longer lives, the nation’s elderly population is growing. This means that more seniors and their families may be requiring the services of Illinois nursing homes to provide them with the specialized care that their loved ones need.

Unfortunately, nursing home abuse and neglect continue to be large problems affecting long-term care facilities throughout the US. Every week, there are reports of neglect and abuse incidents involving nursing home residents who got hurt because they were abused by another patient or by a nursing home worker. There are also far too many cases involving patients whose health deteriorated because they were the victims of nursing home neglect.

There are steps that you can take to ensure that your loved one is compensated for their personal injuries.

Elder abuse charged at Adirondack Medical Center's Mercy Nursing Home, Press Republican, May 14, 2009

Related Web Resources:
As the population ages, so does elder abuse, ABC Local, May 14, 2009

Elder Abuse, HelpGuide.org

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May 13, 2009

Chicago Nursing Home Neglect Lawsuit Filed After 69-Year-Old Nursing Home Resident is Allegedly Raped by Mentally Ill Patient

In Cook County Circuit Court, the family of a 69-year-old female nursing home resident who was allegedly raped by a younger, mentally ill patient is suing Maplewood Care of Elgin for Illinois nursing home neglect. The complaint, filed on Monday, seeks at least $50,000 in damages and names Maplewood Care, former nursing home administrator James L. Doyle, and S.I.R. Management as the defendants.

According to the Chicago nursing home neglect lawsuit, 21-year-old resident Christopher Shelton could not be found during bed check but no one made an attempt to look for him or notify residents that his whereabouts were unknown even though he was a young, sexually frustrated, aggressive, mentally ill convicted felon.

Later in the evening, a nurse heard the sound of a woman moaning. When she entered the resident’s room, the elderly resident was crying and Shelton was in her bathroom contacting 911 to report that the woman had been attacked. The emergency medical personnel that arrived at the scene to examine her confirm signs of sexual trauma.

Shelton was admitted to the Elgin nursing home last November. He has bipolar disorder with aggression. He reportedly told nursing home workers that he was feeling sexually frustrated yet they failed to monitor him to make sure he didn’t act on his frustrations.

The Chicago nursing home neglect complaint accuses Maplewood Care of trying to cover up the rape by portraying the incident in its report to the state as a consensual sexual encounter between the two residents. It also contends that the family was not notified that a resident with a history of violent and aggressive criminal conduct was at the Illinois nursing home.

The lawsuit also accuses the Elgin nursing home of failing to do a proper criminal check on Shelton. The 21-year-old nursing home resident had an outstanding arrest warrant in his name for felony battery charges. Shelton has pleaded not guilty to 11 counts related to the alleged rape, including a charge for aggravated sexual assault.

Mentally Ill Patients in Illinois Nursing Homes
According to a recent Associated Press review, there is a disturbing trend occuring in US nursing homes involving older nursing home residents becoming the victims of crimes committed by younger, stronger nursing home patients that are suffering from mental illnesses, such as bipolar disorder, schizophrenia, and depression. Out of all the US states, Illinois was noted as the state with the most number of mentally ill patients under age 65—over 12,000 patients—in nursing homes.

Regardless, Illinois nursing homes are responsible for making sure that all of their residents do not the become the victims of any type of violent crimes, including nursing home abuse, sexual abuse, rape, and physical assault. Failure to take action to protect nursing home patients can be grounds for an Illinois nursing home neglect lawsuit.

Family sues nursing home in alleged sex attack, AP, May 12, 2009

Illinois Nursing Homes Tops in Younger Mentally Ill, Chicago Tribune, March 23, 2009

Related Web Resources:
Maplewood Care of Elgin

Illinois Nursing Homes House More Mentally Ill Patients Under Age 65 than Long-Term Care Facilities in Other US States, the Law Offices of Steven J Malman & Associates, PC, March 20, 2009

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May 11, 2009

Fellow Nursing Home Resident Charged with Molesting A Female Patient

Last week, a 72-year-old nursing home resident was charged with sexually abusing another patient. The alleged victim, a 54-year-old female patient, has the mental capacity of a 5-year-old. Both the victim and the assailant are residents at the Rehabilitation Center of St. Petersburg.

The defendant, Christopher McDermott, was charged with lewd and lascivious battery on a disabled person. McDermott is accused of fondling the female resident’s breast. Nursing home workers had reportedly warned him on more than one occasion that he was not allowed to engage in any type of contact with her.

Sex Abuse at Nursing Homes
Nursing homes are supposed to protect their patients from any kind of abuse. This means providing extra protection for residents who may not be able to take care of themselves because they are physically or mentally incapacitated and keeping residents who may be prone to abusive behavior away from the other patients.

Nursing homes must also make sure that they hire workers who are not inclined to engage in nursing home abuse or neglect. Unfortunately, there are a disturbing number of sexual abuse incidents that occur throughout the US that involve nursing home workers molesting or sexually assaulting patients.

Recently, a 52-year-old nursing worker at the Northwoods Rehabilitation Center was charged with misdemeanor forcible touching, felony sex abuse, and misdemeanor third-degree sex abuse for incidents involving a 78-year-old resident that allegedly occurred at the nursing home between December 15, 2007 and January 7, 2008.

The female patient is physically incapacitated. The indictment against Robert Gunderson accuses him of allegedly fondling the woman’s vaginal area and breast areas at night.

He also faces separate third-degree sex abuse charges from when he worked at Eddy Ford Nursing Home between August and September 2008. Gunderson is accused of forcibly kissing a younger victim with multiple sclerosis and who was confined to a wheelchair.

Nursing homes must prescreen nursing home workers to make sure that they don’t have a criminal record or a history of suspicious behavior. Because of their age or deteriorating health—two reasons why a person needs the protection and care of a nursing home to begin with—nursing home residents are easy targets of nursing home abuse or neglect.

Man Charged with Molesting Fellow Nursing Home Resident, TBO, May 5, 2009

Troy nursing home aide accused of sexually abusing 78-year-old patient
, CBS6Albany.com, May 5, 2009

Related Web Resources:
Nursing Home Abuse: Neglect, Physical and Even Sexual Abuse are the Harsh Realities Facing Today's Elderly, NewsInferno.com, June 21, 2007

Elderly Often Unrecognized Victims of Sexual Abuse, Senior Journal, November 9, 2004

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May 7, 2009

Protecting Illinois Nursing Home Residents from Swine Flu

The Health Care Council of Illinois is taking steps to protect its 65,000 long-term care professionals and 100,000 nursing home residents from the swine flu. A type of influenza, the swine flu is considered a more serious and potentially fatal virus and at this time there is still no vaccine.

Swine Flu Symptoms:

• Eye infections
• Influenza-like symptoms
• Serious respiratory disease
• Pneumonia

As of May 7, 2009, the Chicago Sun-Times reported that there are now 225 confirmed swine flu cases in Illinois. If even healthy people are at risk of contracting the contagious virus, you can imagine how much more dangerous the swine flu can be to sick or elderly people with weakened immune systems.

This is why it is so important that Chicago nursing home workers and long-term care employees in other Illinois nursing homes take the necessary steps to make sure that the virus doesn’t enter their nursing homes so that workers and residents don’t get sick and spread the swine flu to each other.

To protect Illinois nursing home residents from the swine flu, HCCI recommends the following:

• Make sure all visitors use a hand sanitizer before entering an Illinois nursing home patient’s room.

• Examine visitors for flu-like symptoms and don’t let them into the nursing home if they exhibit any signs of the illness.

• Make sure that you have tissue boxes, covered waste baskets, and hand gel sanitizers available throughout the nursing home.

• Teach residents, workers, and guests about proper cough etiquette and techniques.

• Keep residents with flu-like symptoms in one area of the nursing home. Make sure that the nursing home workers are treating them.

• Make sure that staff members treating these patients use facial masks, gloves, and gowns.

If your loved one got sick at an Illinois nursing home because the nursing home neglected to take proper care of the resident or failed to maintain an environment that was free from harmful bacteria or other unsanitary conditions, you may have grounds for filing an Illinois nursing home neglect lawsuit on their behalf.

Illinois Nursing Homes Prepare for Swine Flu Pandemic, Murphysboro American, May 6, 2009

Illinois Swine Flue Cases Up, Chicago Sun-Times, May 7, 2009


Related Web Resources:
H1N1 Flu (Swine Flu), CDC

Health Care Council of Illinois


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May 5, 2009

Chicago Nursing Home Patient Dies in Fall Accident from Fourth Floor Window

In Chicago, 84-year-old nursing home resident Benny Saxon died on Monday after he fell from a fourth story window at Alden Wentworth Rehabilitation and Health Care Center. It is not known at this time whether he fell or jumped.

Police are investigating the incident. Saxon suffered from dementia and had recently been agitated.

Nursing Home Negligence
Chicago nursing homes must make sure that their residents do not come to harm while under their watch. This means giving patients with special needs the 24-hour care that they need and making sure that there is nothing in their environment that can cause them to get hurt or die. Failure to exercise this duty of care can be grounds for a Chicago nursing home neglect lawsuit.

For example, if a resident’s room is located on a higher floor, then the nursing home must make sure that the window is properly secured so that the patient doesn’t accidentally fall out of the window by accident. One way to do this to make sure that the resident’s bed isn’t located too close to the window, the screen hasn’t come loose, or that the windows have locks that prevent a patient who may not realize what he or she is doing from falling out.

If a nursing home patient is a “flight” or “wander” risk, then it is up to the workers at the nursing home to make sure that windows are properly locked and that there are alarm systems in place to warn nursing staff if a patient tries to escape.

Falling from great heights can lead to catastrophic injuries, including traumatic brain injuries, spinal cord injuries, and broken bones. Unlike with younger fall accident victims, older people can take a longer time to recover from such injuries, which can lead to serious health complications and even death.

If your loved one got hurt or died while staying at a Chicago nursing home and you believe that he or she is the victim of nursing home abuse or neglect, it is important that you consider your legal options.

Man falls from nursing home window, Southtown Star, May 5, 2009


Related Web Resources:
Preventing Falls in the Elderly, Colorado State University

Alden Wentworth Rehabilitation and Health Care Center

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May 3, 2009

Illinois Nursing Home Neglect Lawsuit Filed After Resident Wanders Off During Field Trip and Sustains Serious Injuries

In Cook County Circuit Court, the guardian of Illinois nursing home resident Margaret McCauley is suing Brighton Gardens Assisted Living of Orland Park for personal injury. McCauley sustained serious injuries during a fall accident and from exposure to cold weather when she wandered off unnoticed during a field trip to a local high school on December 2, 2007. The elderly resident, who suffered from Alzheimer’s disease and severe dementia, was found eight hours later on train tracks about a mile from the school.

Bright Gardens, Sunrise Senior Living Services, and Activity Director Debra Ann Adler are the defendants named in the Illinois nursing home neglect complaint. The Illinois civil lawsuit accuses nursing home employees of failing to properly supervise and monitor McCauley.

According to the Alzheimer’s Association:

• Over 60% of Alzheimer’s patients will wander at least once.
• Over 127,000 serious wandering cases reported every year.
• If a dementia patient who wanders is not discovered within 24 hours, he or she could get seriously hurt or die.

The Mayo Clinic says that people wander for a number of reasons:
• They may be looking for something or someone familiar or they may be hungry or thirsty or need to go to the bathroom but can’t remember where to go.

• They may be trying to get away from too much stimuli because they find the noise or surroundings overwhelming.

• They may be trying to reestablish an old routine from their old life.

Illinois nursing homes charged with taking care of a sick or elderly resident are responsible for anticipating and preventing potential wandering incidents. When failure to supervise or monitor a patient with Alzheimer’s or dementia results in the resident wandering off, getting hurt, or dying, the long-term care facility can be held liable for nursing home neglect.

Nursing Home Sued After Woman Found On Train Track, CBS2Chicago.com, April 24, 2009

Alzheimer's: Understand and control wandering, MayoClinic.com

Related Web Resources:
Alzheimer’s Association

Brighton Gardens Assisted Living of Orland Park

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April 29, 2009

Nursing Home Abuse Incident Involved Workers Taking Inappropriate Pictures of Residents

A nursing home has been cited because its workers took pictures and made audio recordings of residents that were inappropriate using their cell phones. The pictures and recordings were done without the residents’ knowledge or consent. Staffers then included sexual lyrics from songs with the photographs before sending them to other staffers.

Pimlico Parkway received a Type A citation, which is the most serious citation that a nursing home in Kentucky can be given. The state says that seven residents were abused as a result of the picture taking and audio recording.

The citation said that there is nothing to indicate that the facility had trained staffers so that they would know that such conduct is a form of nursing home abuse. It also noted that the nursing home failed to enforce its policy banning staff members from using cell phones in resident care areas.

Nursing home aides, licensed staff members, facility staff, and housekeepers who were interviewed said that they did not consider taking photos of recording residents to be abusive behavior, which is why they never reported the incidents.

The nursing home administrator, Jo Ann Lovell, says that a number of nursing home workers have been fired. Lovell says that nursing home workers have been reeducated about the facility’s cell-phone ban policy.

The Centers for Medicaid and Medicare Services imposed a civil fine of facility of $6,550 a day because residents were considered to have been in imminent jeopardy.

Per Medicare.gov, US nursing homes residents’ rights include:

• Privacy—as long as it doesn’t interfere with other people’s rights, safety or health.
• Be treated with respect.
• Be notified about all services and associated fees.
• Manage their own money.
• Be informed and make decisions about your medical care.

Nursing home staff took inappropriate photos of residents, Kentucky.com, April 29, 2009

Related Web Resources:
Read the citation (PDF)

Resident Rights, Medicare

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April 27, 2009

Urbana, Illinois Nursing Home Closes After Failing to Correct Deficiencies

Public health officials have announced that the Helia Healthcare of Urbana has been shut down. The reason cited for the closing is that the long-term care facility did not succeed in fixing its deficiencies and its status for Medicare funding was revoked. Deficiencies included:

• Failure to prevent bed sores
• Failure to make sure the environment is safe
• Preventive measures so to decrease the risks of choking incidents
• Failure to properly monitor blood-thinner levels
• Inadequate assessments of residents
• Medication mistakes
• Failure to properly prescreen employees
• Failure to notify Illinois that resident funds had been misappropriated

Residents at the Urbana, Illinois nursing home will be transferred to other long-term care facilities. The economic client and delayed Medicaid reimbursements has made it hard for Illinois nursing homes to function properly. Financial problems and/or a significant amount of deficiencies are two of the most common reasons why a long-term facility would close its doors.

Last year, five Illinois nursing homes had to be shut down. Nine Illinois long-term care nursing facilities were closed in 2007. While nursing homes usually give 1-month notices when they are about to close, Helia shut down operations one week after announcing it would close.

Helia Healthcare of Champaign and Helia Healthcare of Urbana received one out of five stars for per the Medicare/Medicaid nursing home rating system. The Urbana facility also received a one star rating for health inspections, quality measures, and nursing home staff.

Poor nursing home care can lead to nursing home neglect, nursing abuse, and medical malpractice. A nursing home with deficiencies cannot provide its residents with a safe environment or the proper care. Victims of nursing home abuse or neglect may be entitled to Illinois nursing home abuse/neglect compensation.

Helia Healthcare of Urbana will close today, News-Gazette, April 24, 2009

Helia Healthcare of Urbana, MemberoftheFamily.net

Related Web Resources:
Nursing Home Compare, Medicare

Senior care groups want nursing home funding protected in Obama's first budget, McKnight's, February 23, 2009


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April 22, 2009

Chicago Nursing Home Neglect Law FIrm: Illinois Lawsuit Filed Over Patient's Bed Sores

An Illinois nursing home neglect lawsuit has been filed against the Atrium Health Care and Rehabilitation Center. According to the complaint, 69-year-old Pauline Richards sustained multiple decubitus ulcers on her thighs, hips, buttocks, back, lower extremities, and feet while staying at the long-term care facility.

The Illinois civil lawsuit contends that workers failed to provide properly supervised and adequate care to Richards and also neglected to put in place a program to prevent and treat bedsores. Nursing home staffers are also accused of failing to follow standard nursing procedures when they did not turn Richards, treat her bedsores, use pressure relieving equipment as part of her care, properly supervise her, obtain treatment plans for her dehydration and weight loss, document major changes to her physical condition, and properly train workers to make sure that she didn’t develop decubitus ulcers.

As a result of the alleged negligent nursing care she received at the Illinois nursing home, the complaint claims Richard experienced dehydration, sustained infected bed sores, and experienced infections, a high fever, mental trauma, physical pain, and incurred medical expenses.

The two count Illinois nursing home neglect lawsuit is seeking a judgment of over $100,000 plus legal fees, costs, and other relief.

Although having any kind of pressure sore is never good for a sick or elderly patient, infected decubitus ulcers can be especially dangerous to the nursing home resident’s health. Not only do infected bed sores often heal more slowly, but they can spread serious infection to other parts of the body.

Signs of an infected bed sore:

• A vile smell coming from the sore
• The area around the bed sore is exhibiting redness or warmth
• The area feels tender
• There is thick yellow or green pus visible
• The tissue around the bed sore is swollen

Signs that the infection may have spread include fever, chills, mental confusion, problems with concentration, a more rapid heart rate, and weakness. While some bed sore infections can be easily treated with an ointment, infections that have reached deeper areas inside the body might require more invasive care.

Patient suffered bed sores, says suit against Atrium Health Care, The Record, April 20, 2009

Related Web Resources:
Illinois Nursing Homes

Bed Sores, Buzzle.com


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April 20, 2009

Nursing Home Abuse Lawsuit Filed on Behalf of Disabled Residents

A nursing home abuse lawsuit filed for the families of four people who died while staying at long-term care facilities and one patient who lost a testicle due to alleged nursing abuse is accusing the state of Colorado of giving local nursing homes a license to kill that has allowed patients to become abused and neglected. The attorneys for the plaintiffs want to sue as a class representing all disabled nursing home residents in the state.

The plaintiffs are representative members of thousands of residents residing in 27 nursing homes run by the SavaSeniorCare chain. The elder care company is also being sued for alleged deceptive trade practices, including promoting itself as a company that provides “state of the art” care at the best facilities, even though nursing home regulators have given its long-term care facilities poor ratings.

According to the nursing home abuse lawsuit, from 2006 to 2008, SAVA facilities received 1,464 citations—three times the national average. Health department records show that 20 of its facilities received below average ratings. Residents at SAVA facilities have reportedly died of blood poisoning, dehydration, and malnutrition.

The plaintiffs’ lawsuit also wants to make sure that nursing homes are properly insured. The Health Care Availability Act requires nursing homes in Colorado to carry insurance worth $3 million a year, with a $500,000 cap for each incident. They can also be self-insured with the approval of the state’s insurance commissioner. Unfortunately, there have been instances when a nursing home receives this approval and it later turns out that the affidavit the long-term care facility turned in verifying that that it put aside $1 million for insurance purposes was bogus.

If your loved one was injured or got sick while staying at a Chicago nursing home because his or her care needs were neglected or because a nursing home worker was abusive, you should take steps to remove the patient from the long-term care facility immediately.

In many cases, disabled nursing home residents may need specialized attention, including round-the-clock care and/or help with feeding, going to the bathroom, and getting around. Failing to help residents with these tasks can lead to personal injury, deteriorating health, and/or wrongful death.

Suit says nursing homes get "state license to kill", The Denver Post, April 13, 2009


Related Web Resources:
SavaSeniorCare

5 disabled nursing home patients sue state over care, Chicago Tribune, August 23, 2007

Access Living: Equip For Equality

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April 17, 2009

Former Certified Nursing Home Assistant Charged with Felony Caretaker Abuse of Patients Allegedly Took Pictures of Victims with His Cell Phone

A former certified nursing home assistant at the Silver Lake Care Center has been charged with two counts of felony caretaker abuse and one misdemeanor charge of verbal abuse for his alleged mistreatment of a number residents while working at the long-term care facility. Last February, the wife of one patient told police that she noticed a scratch on her husband. He had reportedly been complaining that CNA Jason Lynn Pearl had taken off his clothes, spit on him, touched him inappropriately, and threatened to cause him injury, but family members initially didn’t believe him, thinking his stories were a result of his dementia, until they noticed the scratch. Ever since the alleged incidents, the elderly resident has reportedly had problems sleeping and is afraid for his wife’s safety.

Police then discovered that Pearl had used his cell phone to videotape three other patients at the nursing home. Footage shows the 31-year-old former nursing worker yelling at one elderly resident and violently taking off the shirt of another patient. Witnesses reportedly saw the footage before he erased them.

The criminal charges filed against Pearl are based on the testimony of the witnesses who saw the cell phone footage and the accounts of the victims. Staff members at the nursing home, however, contend that because of their condition, most patients are not capable of reporting any abuse incidents.

Pearl’s bail is set at $100,000 and he isn’t allowed to work in another nursing home.

Nursing Home Abuse
Abuse is any kind is harmful to the victim. Not only can nursing home abuse leave physical scars and wounds or cause injury or death, but the victims who survive such incidents can be mentally and emotionally scarred for life. Family members, many of whom may have already struggled with the decision of placing their sick or elderly loved one in another person’s care may also be scarred by such a traumatic event.

If you believe your loved one is a victim of nursing home abuse or neglect, you should remove him or her from the long-term care facility and report the incident. It is also important that you speak with an experienced Chicago nursing home abuse law firm about your case.

Silver Lake Care Center is being shut down and residents are being relocated to other facilities.

Nursing home owner answers allegations, Sequoyah County Times, April 17, 2009


Related Web Resource:
Nursing Home Abuse Overview, Justia

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April 15, 2009

Cook County Medical Examiner’s Office Says Illinois Home Resident's Death May Have Been A Homicide

A Cook County Medical Examiner’s Office says that a nursing home resident may have been murdered. A spokesperson for the office says Thomas Donovan, 63, died because he sustained multiple injuries during an assault. He had a contusion on his face when he was taken to South Shore Hospital, and the nursing home supervisor at Burnham Terrace says that the elderly resident got into some sort of altercation while at the long-term care facility on the night that he died.

However, the coroner’s office is quick to caution that all possible causes of death are still being considered, especially as Donovan had diabetes mellitus, cardiovascular disease, and hypertension.

Nursing Home Violence
Violent attacks targeting residents at US long-term care facilities, including Chicago nursing homes, continue to be a chronic problem, and our sick and elderly are suffering as a result. Sometimes, the attackers are nursing home workers. Other nursing home abuse incidents involve other perpetrators, such as visitors or other residents.

In another possible case of nursing home abuse, a nursing home aide was arrested for allegedly assaulting an 80-year-old nursing home resident. Per the arrest affidavit, another nursing home worker at the Castle Pines nursing home reportedly noticed that a resident whose bedroom door was closed had activated her help light.

The worker entered the room and saw nursing home aide Shondra Rodriguez striking the woman on her left hand. There was also blood on the bed.

Other staffers entered the room and saw that the patient's hands and arms had bruises. There was also a tear on the skin of her upper arm. Rodriguez reportedly admitted to “popping” the elderly resident, holding down her hands, and fighting with her.

A complaint was filed on March 23 after the nursing home’s director told police that someone had slapped an elderly patient’s hand.

Authorities investigating nursing home death, NWI.com, April 13, 2009

Police to question nursing home abuse suspect, KTRE.com, April 8, 2009


Related Web Resources:
Castle Pines Retirement Home

Nursing Homes in Illinois

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April 14, 2009

Knowing the Differences Between Illinois Nursing Homes, Assisted Living Facilities, and Other Senior Housing

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

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April 12, 2009

Illinois Nursing Home Worker Punches Alzheimer’s Patient in the Face

In Illinois, a Champaign County nursing home worker is behind bars for allegedly punching an Alzheimer’s patient in the face two times. According police, Sharoia Hill, 28, wanted an item back from the 87-year-old patient and assaulted him in order to retrieve it.

Hill’s arraignment took place yesterday, and she was charged with two counts of aggravated battery. If convicted of the Class 3 felony charges, she could be convicted to up to five years in prison and made to pay a $25,000 fine.

The assault incident reportedly took place on Wednesday night and was witnessed by two people. The Alzheimer’s patient did not sustain serious injuries but the punches left red marks on his face.

Hill reportedly was new at the Illinois nursing home. The long-term care facility is conducting an investigation into the incident, as is the East Central Illinois Area Agency on Aging.

Nursing Home Assault
Assault by a nursing home worker is nursing home abuse and can cause physical and emotional injury to a resident. Long-term care facilities are supposed to make sure that the nursing aides and other workers that they hire are not inclined to inflict abuse or neglect on their patients and that workers are properly trained regarding how to deal with residents—especially patients suffering from Alzheimer’s or other mental illnesses that may require skilled, specialized handling by professionals who understand that their needs and responses may be different from the average person.

If someone you love was the victim of physical assault, sexual assault, or another kind of abusive behavior at an Illinois nursing home, the long-term care facility could be held liable for personal injury or wrongful death.

Nurse assistant accused of abuse at county nursing home, The News-Gazette, April 10, 2009

Police: Nursing Home Worker Punches Patient, IllinoisHomePage.net, April 9, 2009


Related Web Resources:
Elder Abuse, Medline Plus

Nursing Homes in Illinois

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April 8, 2009

Illinois Nursing Home Resident Dies After Fleeing Maryville Nursing Home Through Facility Window

In Illinois, an 81-year-old nursing home resident who escaped his Maryville nursing home by crawling out of a window on Tuesday at nearly 3am is dead. Jewel R. Lane, a resident of Maryville Manor Nursing Home, was found almost one hour after he escaped. He was suffering from cardiac arrest.

According to authorities, Lane, a Collinsville resident, walked nearly a mile before he was discovered along a highway. Lane was rushed to the local hospital where he was soon pronounced dead. He had been a resident at the Illinois nursing home for approximately two weeks. He was suffering from heart disease and Alzheimer’s dementia.

Without proper supervision, nursing home residents suffering from dementia, Alzheimer’s, or other mental illnesses may be prone to wandering from the premise. Unfortunately, certain nursing homes do not have the staff (or they are not properly trained) or budget to correctly and constantly monitor all of their residents that need this type of watch.

Steps nursing homes can take to prevent residents who are “flight risks” from escaping include:
• Placing alarms on resident beds, doors, or wheelchairs
• Installing exit door alarms
• Surveillance of doors and all exits
• Housing residents who are likely to wander in rooms that are located next to a nursing station

Examples of scenarios that a nursing home resident might get hurt during while wandering away:
• Wanders out of the building and gets sick or dies because of exposure to cold or heat
• Fall accidents after entering a “forbidden” area on the premise
• Getting hit by a motor vehicle after walking off the nursing home premise
• Falling victim to violent crimes after leaving the safety of the nursing home

Failure to properly supervise any nursing home resident can result in an Illinois nursing home neglect claim if the resident is injured or dies.

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April 6, 2009

Elder Financial Abuse Costs Victims Over $2.6 Billion a Year, Says Report

Up to one million elderly people in the United States are the victims of financial abuse each year, and this crime may be costing them over $2.6 billion annually. The figures are included in a new Metlife Mature Market Institute (MMI) report called Broken Trust: Elders, Family, and Finances that was produced with the cooperation of the National Committee for the Prevention of Elder Abuse and the Virginia Polytechnic Institute and State University.

The report says that for every reported case of financial elder abuse, there are likely four more cases that are not reported. In more than half the cases, the perpetrators are caregivers and family members. Investment fraud scams are also a common culprit of elder financial abuse.

Among the facts included in the study:
• A typical victim elder financial fraud victim is 70 to 89 years of age, Caucasian, female, physically frail, and cognitively impaired.
• In financial elder abuse cases involving child culprits, sons are 2.5 times as likely as daughter to commit this crime.
• A victim of financial elder abuse may become depressed, experience health issues, develop credit problems, and experience loss of his or her independence.

Signs a person may be a victim of elder financial abuse include:
• Appears afraid of his or her caregiver
• Disheveled appearance
• Isolated from family and friends
• Has developed new “best” friends
• Is worried about finances
• Missing belongings
• Behavior or personality changes
• Unpaid bills
• Significant decrease in account balances

Elder financial abuse has also become a problem for nursing home residents who may find themselves suddenly exploited by nursing workers. Just as your loved one is likely entitled to personal injury compensation if he or she was the victim of nursing home abuse or neglect, damages may also be sought against a nursing home worker or caregiver who is the perpetrator of elder financial abuse.

Financial Abuse Costs Elders More Than $2.6 Billion Annually, According to MetLife Mature Market Institute Study, Though Four in Five Cases Are Not Reported, BusinessWire.com, March 17, 2009


Related Web Resources:
MetLife

National Committee for Prevention of Elder Abuse

Elder Abuse, HelpGuide.org

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April 4, 2009

Nursing Home Residents at US Long-Term Care Facility Reportedly Sexually and Physically Abused Other Patients Residents

Officials are reporting that from 2006 to 2007, a number of nursing home residents at the Tendercare Health Center-Birchwood sexually and physically abused other patients. They also say that the nursing home’s management failed to report the incidents or do anything to stop them from happening. The assaults have resulted in a criminal investigation and fines against the US nursing home, which is now on the US government’s list of the most troubled nursing homes in the country.

Both male and female residents were reportedly victimized and some of the assailants still live at the long-term care facility. One former 68-year-old resident reports that nursing home workers failed to stop the hostile residents from repeatedly harming other patients.

According to the state inspectors’ report, residents regularly felt “anxious, fearful, helpless, humiliated, devaluated” and as if they needed to be on the look out. The patients also reportedly felt as if they weren’t safe and that the long-term care facility was not concerned about their well-being. They reportedly blamed staffers for allowing the abuse.

One incident involved a male resident harassing a 58-year-old resident who was suffering from dementia and Down syndrome. The facility social worker reportedly dealt with the situation by telling the victim to stay away from her harasser. When suspicious bruises were found on the patient's thighs and breast, nursing home workers failed to tell police about her injuries.

Another mail resident reportedly assaulted a woman suffering from multiple sclerosis. Because the woman is immobile, except for her wrists, and cannot speak, she was unable to physically or verbally respond when he approached her in the dining room and put his hand up her shirt.

There are also reports of one man touching women's legs during bingo games and another man exposing his sexual parts to others.

Extendicare Health Services Inc. owns Birchwood. The nursing home has also been cited for inadequate medication records, issues with patient confidentiality, failure to prevent fall accidents, and inadequately caring for bedsores.

Sexual and Physical Assaults
US nursing homes are supposed to make sure that patients do not become the victims of any violent crimes or other abusive incidents. Failure to ensure a resident’s safety from such incidents can be grounds for a nursing home neglect or abuse lawsuit.

Assaults left residents anxious, Record-Eagle, March 31, 2009

Report details abuses at local nursing home, Record-Eagle, March 31, 2009


Related Web Resources:
Tendercare Health Center-Birchwood, USA Today

Extendicare Health Services Inc.

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April 2, 2009

More Nursing Home Neglect Lawsuits Filed Against Extendicare

Long-term care operator Extendicare of Wisconsin has come under fire again with two new nursing home neglect lawsuits naming the company as a defendant. In Madison Circuit Court, the estate of nursing home resident Kimberly Hamilton is suing Extendicare for her wrongful death. The complaint accuses one of Extendicare’s nursing homes of negligent care, resulting in mental and physical injuries and eventually death to Hamilton.

The wrongful death lawsuit also accuses the long-term care facility of not practicing acceptable standards of care and failing to maintain a safe environment. The complaint is seeking a jury trial to determine legal and medical costs, as well as punitive damages. Some 56 complaints were received in 2007 involving 26 residents at the Kenwood nursing home where Hamilton resided.

In another nursing home neglect lawsuit, the sister of a nursing home resident who sustained brain damage when her tracheal tube got clogged with mucous is suing Extendicare. The 49-year-old patient died a few months after the incident occurred.

Norene McPherson's nursing home neglect lawsuit comes after a federal judge dismissed a class action case against Extendicare Health Services, Extendicare Homes, Inc, Fir Lane Terrance Convalescent Center, Inc., and 15 Extendicare facilities in Washington State.

The class action plaintiffs had claimed that the long-term care company had misrepresented the quality of services it could provide current and past residents who were at the facility from 2004 to 2008. McPherson’s elder abuse attorney, however, has been quick to point out that just because his client’s case was not going to be addressed as part of a class action did not mean that she still can't receive compensation via the civil court system.

In the last few years, Extendicare, which owns more than two dozen nursing homes, has received citations numerous times for serious care violations. Meantime, a number of residents and/or their families continue to file complaints targeting the long-term care company for alleged nursing negligence.

Elder Abuse Complaint Filed Against Extendicare, Fox Business, March 31, 2009

Nursing home suit alleges negligent care, Richmond Register, April 1, 2009


Related Web Resources:
Extendicare

Elder Abuse, Helpguide.org

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March 31, 2009

Seven Nursing Home Residents Killed in Gunman Attack at Long-Term Care Facility

Seven nursing home residents and one nursing home worker are dead, following a shootout at a US nursing home. The deadly attack happened on Sunday when Robert Stewart entered the Pinelake Health and Rehab Center, which houses numerous Alzheimer’s patients, and began shooting at people.

Nursing home residents that died ranged in age from 78 to 98. They are Louise Decker, Margaret Johnson, John Goldston, Bessie Hedrick, Jesse Musser, Lillian Dunn, and Tessie Garner. Nurse Jerry Avant also died from his wounds.

Police believe that Stewart may have been targeting his estranged wife, Wanda Luck, who is a nurse at the long-term care facility. The shooting rampage stopped after lone Police Officer Justine Garner entered the premises and shot him in his upper torso.

Stewart, who is receiving medical attention at a local prison, was arraigned on Monday on first-degree murder charges and a felony charge of assaulting a law enforcement official.

Nursing Home Security
It is important that all US nursing homes provide the proper security measures to keep residents safe from dangerous persons both outside the premise and within the facility. Families entrust workers at long-term care facilities to take care of their sick or elderly loved ones and not place them in harm's way.

If someone you love was abused, neglected, assaulted, raped, molested, or robbed by a nursing home worker or by an intruder to the nursing home, or if your loved one was hurt or died in a violent crime because he or she managed to leave a long-term care facility unattended, you may have grounds for filing a nursing home neglect claim or wrongful death lawsuit.

Some security measures that nursing homes might want to consider implementing:
• A registration system that documents anyone entering or exiting the building
• Security cameras
• Alarm systems
• Door locks
• Security guards
• Pre-screening (including criminal background checks) of nursing home workers


Gunman's estranged wife worked at N.C. nursing home
, CBC News, March 30, 2009

Marital discord suspected as motive in North Carolina nursing home rampage, Associated Press, March 30, 2009


Related Web Resources:
Pinelake Health and Rehab, Peak Resources

Nursing Home Overview, Medicare.gov

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March 27, 2009

DuPage County Establishing Team to Investigate Allegations of Elder Abuse of Seniors in Local Nursing Homes, Private Residences, and Retirement Facilities

In Illinois’s DuPage County, Attorney Joseph Birkett is asking the Illinois Department of Aging to establish an Elder Abuse Fatality Review Team to investigate claims involving nursing home residents 60 years of age and older that may be the victims of physical abuse in local long-term care facilities or in home health-care environments. If the state approves the program, members would be allowed access to nursing home records that are normally kept private. The team would be made up of people from the state attorney’s office, the DuPage County coronor, the sheriff, nursing home groups, and state and county senior citizens groups.

Earlier this month, 23-year-old Heidi Leon, a DuPage County nursing home worker, was charged with criminal neglect of a nursing home patient, criminal neglect of an elderly person, and obstruction of justice. Leon is the nursing home worker who is accused of failing to check on 89-year-old Sarah Wentworth, an Itasca nursing home resident, after she triggered a door alarm while exiting the facility. Wentworth, an Alzheimer’s patient, was found frozen to death outside the nursing home. Leon is also accused of lying to police to cover up the incident. Her family is suing the Arbor of Itasca nursing home for her wrongful death.

Birkett says claims that would be under review include a case in which an elderly person in a domestic living situation may have been overdosed with medication. In Kane County, a similar fatality review team has already been set up to examine cases involving seniors that died while receiving care in home situations and retirement homes. The team was established after a woman was found in a private home living on soiled sheets. She was also malnourished. Her two daughters were charged with criminally neglecting an elderly person.

Nursing workers and caregivers at Illinois nursing homes, retirement homes, and in private residents are supposed to treat their residents with respect and provide them with the care that they need. Abuse or neglect of an elderly person can be grounds for a nursing home abuse or neglect lawsuit, as well as criminal charges.

Abuse of DuPage elderly to get closer scrutiny, Chicago Tribune, March 6, 2009

Illinois nurse’s assistant charged in freezing death of elderly woman, NYDailyNews.com, March 3, 2009


Related Web Resources:
Caregiver Watching TV Left Patient to Freeze Outside, NBC Chicago, February 20, 2009

The Arbor of Itasca

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March 25, 2009

$11 Million Nursing Home Abuse and Neglect Verdict for Patient’s Wrongful Death is the Largest Verdict Against an Assisted Living Facility

The widow of a TBI nursing home patient who died after swallowing numerous foreign objects, including closed catsup packets, plastic bags, paper towels, and candy wrappers, has been awarded $11 million for his wrongful death. This is the largest verdict that a jury has ever awarded to a plaintiff against a US assisted living facility.

Earl Scherrer was just 36 when he died in May 7, 2006. He sustained a serious traumatic brain injury during a car crash in 2006 and went into a coma. Although doctors did not expect him to recover, his wife Lydia insisted that he remain on life support.

16 months later, he began to come out of his coma and with her help slowly started to speak. Lydia spent hours helping her husband with his recovery and she also relied on US nursing homes to provide needed, full-time care. She visited him regularly for years.

On April 7, 2006, Lydia admitted Earl into Liberty Manor Residence. The long-term care facility claimed to provide 24-hour care. On May 7, the facility called her to tell her that her husband had been throwing up. She retrieved her husband from the home and gave him a bath. He started throwing up black matter and died.

According to autopsy results, Earl had ingested a number of items that had gotten lodged in his small intestines and stomach. The medical examiner found that these foreign objects contributed to her husband’s death, resulting in hypertensive heart disease. The verdict awards $5 million to Lydia, $2 million to the decedent, and $4 million for damages.

TBI Nursing Home Patients
Many TBI patients have to stay in US nursing homes because they require 24-hour, specialized care that cannot be provided by family members. These nursing home residents often require ongoing supervision and they may need helping eating, using the bathroom, getting changed, walking, or communicating. When failure to provide this care due to nursing home abuse or neglect leads to serious injuries or death, the US nursing home can be held liable for personal injury or wrongful death.

Arizona Jury Awards Landmark $11 Million Verdict in Assisted Living Case, Yahoo, March 20, 2009

Caregiving Solutions, AGIS

Related Web Resource:

What is Traumatic Brain Injury?, CDC

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March 23, 2009

US Senators Reintroduce Bill Requiring Long-Term Care Workers to Undergo Criminal Background Checks

In the US Senate, Senator Susan Collins (R-Maine) and Senator Herb Kohl (D-Wis) have reintroduced a bill mandating that all long-term care employee applicants who would work directly with patients undergo national criminal background checks. The bill is the Patient Safety and Abuse Prevention Act of 2009. Senator Kohl is the chairman of the Special Committee on Aging.

The measure provides a federal component that would mandate that all long-term care employee applicants be screened against the FBI’s national database. This will hopefully decrease the number of nursing home abuse and neglect incidents, which unfortunately seems to be a regular occurrence in a number of US nursing homes and private residences where professional caregivers are sometimes brought in to care for a sick or frail person.

The bill expands upon a three-year demonstration project in seven states that prevented 9,500 applicants with histories of abuse or violent crimes from getting to work with elderly people or people with disabilities. It would create a three-year grant program that would allow the states to obtain funding to pay for FBI background checks. The bill has the approval of nursing home associations, AARP, 41 state attorneys general, and nursing home reform advocates.

Background Checks in US Nursing Homes
Already, there are a number of US states, including Illinois, that require nursing homes to run background checks on potential long-term care employee candidates. Unfortunately, this process doesn’t always weed out everyone who could potentially abuse, neglect, or assault a nursing home resident.

Nursing home abuse and neglect is a serious problem that is affecting the well-being of our sick and our elderly.

Long-term care background checks bill reintroduced in Senate, McKnights.com, March 19, 2009

Senators Reintroduce Patient Safety and Abuse Prevention Act,The Future of Aging Blog, March 19, 2009

Related Web Resources:
Patient Safety and Abuse Prevention Act of 2009, Govtrack.US

United States Special Committee on Aging

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March 19, 2009

Hit-and-Run Nursing Home Patient’s Family Plans to Sue Long-Term Care Facility for Wrongful Death Because She Escaped Its Premises

An 87-year-old woman died on Friday in a hit-and-run accident after she had fled the nursing home where she was staying. Now, the family of Florence Warren say they plan on suing the Good Samaritan Skilled Nursing and Rehabilitation Center for wrongful death for allowing her to escape the premises.

Warren was relocated to the nursing home this month so she could be placed in a locked-down ward that was supposed to be secure. Warren, who was suffering from the early stages of dementia, had a record of fleeing care facilities and her daughter says that the nursing home was made aware of this. Warren was also was in physical pain because of her osteoporosis.

According to police, Warren managed to disable an alarm located on the sliding glass door in her nursing home room and then walked up the long driveway to the road. Someone later saw her lying on the road. She was transported to a hospital where she died from her injuries. The driver of the vehicle that struck Warren has not been apprehended.

Not only are US nursing homes supposed to make sure that patients are not injured or abused while staying at a long-term care facility, but they are supposed to make sure that residents are protected from other elements that could cause physical harm. For example, while security measures must be in place to make sure that no one hurts the resident staying at a nursing home, safety measures must also implemented to make sure that nursing home residents do not leave the premises unsupervised.

Many nursing home patients are at a home to begin with because they require constant, supervised care. Failure to provide this ongoing attention and medical care to a nursing home resident can be grounds for a nursing home neglect lawsuit.

Family of hit-and-run victim to sue nursing home, ChronicleOnline.com, March 17, 2009

Related Web Resources:
Dementia, Medline Plus

Dementia: What are the Common Signs?, Family Doctor.org

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March 18, 2009

Illinois Bill Would Refund Fines for Nursing Home Abuse and Neglect

A bill before the Illinois General Assembly would let state regulators return fines paid by nursing homes for abuse or neglect if they use the money to improve patient care. However, Senate Bill 321 is generating outrage from opponents.

According to Wendy Meltzer, the director of the Illinois Citizens for Better Care in Chicago, it takes away the “financial disincentive for bad behavior.” Meltzer is questioning the morality of giving back fine money that an Illinois nursing home had paid for abusing, neglecting, or causing the wrongful death of a patient.

Illinois Senator Dan Kotowski, who sponsored the bill, says this is a way to make sure that the nursing homes fix the problems that caused such incidents to occur in the first place. Following a meeting with the bill’s opponents earlier this month, however, Kotowski said he is open to changing the legislation.

Meltzer says most nursing home fines are too small to really affect an Illinois nursing home’s financial well-being. In 2007, Illinois nursing homes were fined $3.5 million. According to Public Health spokesperson Melaney Arnold, nursing home fines generally range from $10,000 to $300,00 for violations. The llinois Department of Public Health can impose state finds but it can only recommend federal fines.

The bill also calls for taking away funds from a special Illinois fund that pays for Public Health monitors and receivers. Monitors stay at nursing homes where there have been problems to observe patient care, while receivers take temporary charge of Illinois nursing homes that are “in trouble” because of the poor care they’ve provided.

Meltzer argues that nursing homes are there to provide a certain standard of care to patients and that they shouldn’t have to require a refund of their fine to finally begin providing the kind of care that is mandated by Illinois law.

Nursing Home Care
Illinois nursing homes are in business to provide elderly and sick residents with the proper medical care and attention that they need. They should be fined and cited anytime a nursing home patient gets injured, his or her condition deteriorates, or he or she dies because workers were neglectful, abusive, or reckless and the nursing home violated its duty of care to the resident.

Opponents of nursing home bill outraged, Sj-r.com, March 7, 2009

Who Regulates Nursing Homes?, Illinois Department of Public Health


Relate Web Resource:

Illinois Citizens for Better Care

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March 12, 2009

Nursing Home Neglect Lawsuit Claims Malnutrition, Improper Bed Sore Treatment, and Dehydration—Not Heart Attack—Caused 79-Year-Old Resident’s Wrongful Death

The children of a 79-year-old female nursing home resident who died in November 2007 are suing a nursing home for her wrongful death. Valeree Espinoza and David Vestal claim that while their mother Shirley Marion Renner died from lung ailments and a heart attack, her death was actually caused by the poor nursing care she received, which caused her health to deteriorate.

Their wrongful death complaint contends that nursing home neglect lead to Renner suffering from dehydration, malnutrition, and bed sores, which where poorly treated. The nursing home neglect lawsuit also claims she experienced emotional and physical pain, abandonment, desperation, anguish, helplessness, shock, spinal injuries, neck injuries, missing and broken teeth, bruises, fear of death, and eventually, death. She also may have been administered psychotropic medication that had an adverse affect on her ability to be lucid.

During the two years that Renner lived at the nursing home, her daughter says that her weight went from 110 pounds to around 92 pounds.

The nursing home where she was residing eventually changed ownership and soon after, her family moved her to a different facility. While the new nursing home owners claim that they did not take over supervision at the home until nearly a month after Renner was discharged, the plaintiffs’ attorney contends that the new nursing home owners had responsibility over the patients and their care when they took over the long-term care home.

Negligent Nursing Care
When nursing home workers fail to do their jobs correctly and a resident suffers as a result, the patient and his or her family may be entitled to nursing home neglect compensation. The reason that nursing homes exist is to make sure that a sick or elderly resident gets the specialized care that he or she needs. Abusing or neglecting a nursing home patient is a crime and a violation of his or her rights. Failure to treat bed sores, medication errors, poor diet, and failure to maintain a patient's hygiene are some examples of nursing home neglect that can lead to health complications and even the death of a patient.

Nursing home sued for wrongful death, Appealdemocrat.com, March 4, 2009


Related Web Resources:
Deadly Neglect, ReadersDigest.com

Nursing Home Overview, Medicare.gov

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March 11, 2009

Lake Zurich Nursing Home is Defendant of Illinois Nursing Home Negligence Lawsuit

In Cook County Circuit Court, an Illinois nursing home lawsuit filed on behalf of former nursing home resident Edna Kneidek is suing the Lexington Health Care Center of Lake Zurich for nursing home negligence. The 83-year-old woman fractured her hip while living at the long-term care facility and her injury left her with permanent immobility.

Kneidek moved into the Lake County nursing home on December 29, 2006. She was suffering from dementia. According to her Chicago nursing home neglect lawyer, the nursing home determined that the elderly resident was at risk for fall accidents. Yet from February through August 2007, Kneidek fell five times while at the long-term care facility.

In one fall accident, she shattered her left hip and had to undergo extensive hip repair surgery. She also had pneumonia.

Her Chicago nursing home neglect attorney says that the Lake Zurich nursing home not only failed to properly evaluate the elderly woman’s risk for falls or protect her from fall accidents, but they were delayed in their response to her complaints that she was in pain.

Hip Fractures and the Elderly
One of the most common causes of a fractured hip is fall accidents. A hip fracture is an injury that will nearly always require hospitalization and surgery. According to the Encyclopedia on the KOMOTV.com Web site, it is the second common reason that patients are admitted to US nursing homes (about 60,000-related admissions annually).

One reason elderly people are prone to hip fractures is that their bones are more fragile, with many patients suffering from osteoporosis. Not only is a hip facture extreme painful, but it can lead to other complications, including agitation, confusion, depression, the inability to be able to walk properly again, bedsores, and a loss of independence.

Nursing home sued over alleged negligence, Lake County, News-Sun, March 10, 2009

Hip Fracture, KomoTV.com


Related Web Resources:
Lexington Health Care Center of Lake Zurich

Best Practices for Elderly Hip Fracture Patients

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March 10, 2009

Former Nursing Home Worker Charged for the 2007 Murder of Cerebral Palsy Patient

Police have charged a former nursing home worker with the death of a patient with cerebral palsy. Robert Young died on November 12, 2007 while staying at the care facility Standifer Place. While the county medical examiner did not perform an autopsy initially because he was told that the cerebral palsy patient died when he had a seizure that caused him to fall and fracture his skull, Young’s family members were suspicious about the reported cause of death.

Young’s body was exhumed last year. Autopsy findings showed that he actually died form blunt force trauma to the head. Young’s sister sued the nursing home and the state’s Department of Human Services for his wrongful death, accusing them of working together to conceal her brother’s actual cause of death and for over a month, failing to notify his relatives that he had died. The agency says it tried to notify Young's next of kin but was unable to reach them. The agency designed and carried out its own plans to bury him.

Last week, Walter Small, who worked as a certified nursing assistant for the nursing home, was charged with criminally negligent homicide related to Young’s death. Small had been fired soon after Young’s death.

Young’s sister is seeking at least $30 million from the US nursing home and $900,000 from the Department of Human Services. The family is accusing them of “negligence” in the wake of the nursing home resident's death.

Caring for a nursing home patient is a huge responsibility. Nursing homes must make sure that the workers they hire are not dangerous persons who are liable to cause injury, abuse, death, or neglect to a resident. If a resident is harmed in any way while staying at a long-term care facility, the nursing home can be held liable for personal injury, wrongful death, nursing home abuse, or nursing home neglect.

Chattanooga: Man charged in death of nursing home patient, Times Free Press, March 7, 2009

Former Nursing Home Worker Charged in Death, Newschannel9.com, March 6, 2009

Related Web Resources:
Read the Complaint (PDF)
Senate Special Committee on Aging

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March 5, 2009

State of Illinois and Tinley Park Doctor Sued for Chicago Wrongful Death After Mentally Disabled Man Chokes During Dinner

A woman whose mentally disabled brother choked to death while eating dinner at a Tinley Park facility in February 2008 has filed a Chicago wrongful death lawsuit against the state of Illinois and a doctor at the Howe Development Center. Evelyn Kasprak’s complaint accuses Dipankar Banerjee, the facility’s on-duty doctor at the time of the incident, and other staff members of failing to clear Kenneth Kasprak’s breathing or attempting to revive him with CPR after food got stuck in his throat dinner and he began to choke.

Kenneth, who was using medication that made him more prone to choking, had choked on other occasions, and Evelyn’s Chicago wrongful death attorney says Banerjee should have known that the 67-year-old patient might choke again. Her Chicago wrongful death lawsuit also accuses the state of Illinois of failing to train two of the Howe workers who were on duty at the time of the choking accident on how to use an emergency system. Attempts to revive the mentally disabled patient reportedly did not occur until the paramedics arrived at the scene minutes later.

Also named as defendants in the Chicago wrongful death complaint are the two Howe staffers, the Illinois Department of Human Services, and DHS Secretary Carol Adams. Kasprak, whose mental disabilities included a mood disorder, lived at the Tinley Park facility for 11 years.

Some 300 people with severe developmental disabilities reside at Howe. The Tinley Park facility and its mental health center have come under fire over the last couple of years. Howe lost its federal funding in 2007 for providing substandard patient care. Last September, the DHS said that it was planning to shut down the facility in July 2009.

Family of Howe resident files wrongful death lawsuit against state, Southtown Star, March 3, 2009

Tinley Park facility sued in patient's choking death, Chicago Tribune, March 3, 2009

Howe Developmental Center in Tinley Park to close, Chicago Tribune, September 5, 2008

Related Web Resources:
Read the Complaint (PDF)

State-Operated Developmental Centers, Illinois Department of Human Services

Continue reading "State of Illinois and Tinley Park Doctor Sued for Chicago Wrongful Death After Mentally Disabled Man Chokes During Dinner" »

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March 3, 2009

Bed Sores A Problem in US Nursing Homes, Says the National Center for Health Statistics

According to the National Center for Health Statistics, more than 1 in 10 US nursing home residents in 2004 was suffering from pressure sores. In the NCHS Data brief, published in February 2009, information from the National Nursing Home Survey regarding 2004 is provided, including:

• Approximately 159,000 nursing home residents in the US had bed sores.
• The post common kind of pressure sore was the Stage 2 pressure ulcer.
• Nursing home residents ages 64 and younger were more likely to suffer from pressure sores than older nursing home residents.
• Nursing home patients that stayed in US nursing homes for less than a year were more prone to decubitus ulcers than longer-term residents.
• Out of every five nursing home residents that had recently lost weight, one of the patients would have pressure sores.

Pressure Sores
Also known as pressure ulcers, decubitus ulcers, and bed sores, these wounds can occur when there is pressure on the skin that doesn’t get relieved. Common sites of pressure sores on the body include the heel, elbow, back, hip, back of the head, and shoulder.

There are four stages of pressure sores:
Stage 1: Skin that is persistently red in color.
Stage 2: Some of the skin’s thickness is lost. A blister, abrasion, or slight crater may appear on the skin.
Stage 3: The appearance of a deep crater shows a loss of the skin’s full thickness.
Stage 4: Bone or muscle is exposed through the sore.

Bed sores can be a dangerous wound for sick or elderly nursing home patients. The sores can be treated if they are detected right away but delayed treatment can lead to the decubitus ulcer reaching a more advanced stage.

Common ways to prevent bed sores include:
• Using clean, dry sheets
• A nutritious diet
• Softly padded wheelchairs
• Making sure the skin is dry and clean
• Regularly turning patients that can’t move and changing their position

If your loved one has bed sores because workers at a Chicago nursing home neglected to provide him or her with the proper care, there may be grounds to file an Illinois nursing home neglect lawsuit.

Pressure Ulcers Among Nursing Home Residents: United States, 2004, NCHS Data Brief, February 14, 2009

What are Bed Sores?, Mama's Health

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February 27, 2009

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

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 " »

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February 25, 2009

Nursing Home Abuse Lawsuit Seeking $1 Million Says 80-Year-Old Patient Injured in Repeated Falls Because He Was Unsupervised

The wife and guardian of an 80-year-old nursing home resident is suing the assisted living facility where he was staying for severe neglect and abuse. The nursing home abuse lawsuit is seeking $1 million.

According to the elder abuse complaint, her husband, who was suffering from advance dementia, was admitted to Elderberry Square. His wife, who visited him a number of times, found him unsupervised. One time, she reportedly found him sitting in his own waste matter. Her lawsuit contends that because he was left alone, he fell repeatedly and during one fall accident broke his wrist.

This is not the first nursing home abuse lawsuit filed against Elderberry Square that makes such allegations. In 2007, a lawsuit was filed accusing workers of leaving an Alzheimer’s patient alone on so many occasions that he fell a number of times. The complaint contends that the last fall accident led to his death.

Both nursing home abuse lawsuits accuse admissions and management of the nursing home of misrepresenting the facility as being a place that is properly equipped, staffed, and has the necessary experience to take care of patients with senile dementia and Alzheimer’s.

Patients with Alzheimer’s and other dementia-related diseases require special medical care and attention. Failure to provide that care could be grounds for a nursing home neglect lawsuit.

The National Guidelines Clearinghouse Web site offers a number of dementia care recommendations for nursing homes that care for patients with related conditions, including:

• Develop an effective care plan.
• Tailor care to resident’s specific needs.
• Find ways that will allow each resident to be able to communicate with workers, such as speaking in direct, simple terms and having a resident work with a speech therapist.
• Assign the same staff members to a patient so that he or she can experience consistency.
• Create a safe and positive environment.
• Conduct routine assessment of the patient’s health and well-being.

Elder Assisted Living Facility Hit With Second Lawsuit, February 20, 2009

Florence assisted living facility sued for $1 million, KDRV, February 20, 2009


Related Web Resources:
Dementia: Hope Through Research, National Institute of Neurological Disorders and Stroke

Alzheimer's Caregivers Guide, Helpguide.org

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February 24, 2009

US Nursing Homes and Patients with Dementia

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

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February 20, 2009

Illinois Nursing Home Workers May Have Covered Up Death of Chicago Woman Who Froze in Subfreezing Temperatures After Wandering Outside

According to authorities, Illinois workers at the Arbor of Itasca long-term care facility ignored the sound of the security door alarm on the night that Sarah “Sally” Wentworth wandered out of the facility and froze to death outside. Wentworth’s daughters are suing the Chicago nursing home for wrongful death. Now, investigators are considering whether to file criminal charges against some of the workers.

One nursing home worker is suspected of barely glancing up when the door alarm, triggered by Wentworth’s electronic bracelet, went off early in the morning on February 5 because she was busy watching “Dog the Bounty Hunter.” She could be charged with criminal neglect.

Now, Illinois law enforcement officers are saying that nursing home workers may have covered up the circumstances surrounding Wentworth’s death by putting her back in her bed to make it appear as if she died in her sleep. Wentworth, a Chicago resident, was placed in the home because she suffered from dementia and numerous other complications.

While police were told she passed away while sleeping, authorities that arrived at the scene noticed that Wentworth was wearing a hospital gown instead of pajamas and had been placed on a gurney with an oxygen machine connected to her. All nine nursing home workers were interviewed by investigators who say they noticed that some of them gave conflicting reports. Authorities say obstruction of justice may be another criminal charge that could be filed.

Yesterday, the Arbor of Itasca confirmed that the nursing home workers that are under investigation for their alleged involvement in the elderly resident's death have been suspended.

Illinois Nursing Homes
There are specific protocols and procedures that must be followed by each Chicago nursing home. When failure to follow these regulations and steps leads to injuries or the death of a patient, the nursing home and its workers could be held liable for nursing home neglect, nursing home abuse, or wrongful death.

Suspensions come at Itasca nursing home, Daily Herald, February 20, 2009

Nursing home employees suspended, may faces charges in death, Daily Herald, February 19, 2009

Charges expected in nursing home resident death, ABC, February 18, 2009


Related Web Resources:

Arbor of Itasca

Illinois Department of Public Health

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February 19, 2009

Nursing Home Staffers Arrested for Alleged Role In Drugging Deaths of Three Residents

Three nursing home staffers are in jail following their arrests for their alleged involvement in the drugging deaths of three patients. The staffers, who have been affiliated with the Kern Valley Healthcare District, are Gwen Hughes, a former nursing director, Dr. Hoshang Pormir, a staff physician at the nursing home, and Debbi Hayes, the facility's former pharmacist.

The three of them are accused of using force to administer psychotropic medications for purposes of their own convenience rather than for the patients’ care. Hughes is charged with elder abuse and assault with a deadly weapon, Pormir is charged with elder abuse, and Hayes is charged with elder abuse and assault with a deadly weapon.

According to the attorney general’s office:
Hughes issued instructions that patients with Alzheimer’s and dementia be administered high doses of psychotropic drugs so that they would be calmer and easier to control. She wanted patients that were noisy, argued with her, or were disruptive in other ways to be given these drugs.

Following an ombudsman's report that a nursing home patient was forcibly injected, the Department of Health sent investigators who found that some 22 patients were administered these medications for such reasons. Two patients who didn’t want to take the drugs were reportedly physically held down and forced to receive injections.

Hughes also allegedly directed Hayes to fill the psychotropic drug prescriptions. The pharmacist is accused of followed these instructions without getting doctor approval.
Dr. Pormir eventually approved the drug prescriptions but he is accused of doing so only after they were administered and without examining the patients first so he could diagnose whether they needed to take the medications.

A number of nursing home patients allegedly experienced medical complications because they were given psychotropic drugs. Side effects are believed to include problems eating or drinking, lethargy, serious bodily injury, as well as death.

Medication Overdose at Nursing Homes
Overdosing a nursing home patient or medicating them for purposes other than what is required or prescribed can be grounds for an elder abuse lawsuit. Nursing home residents are supposed to receive the proper care and attention at long-term care facilities, and they aren’t supposed to be sedated for the convenience of staffers.

Nursing home staff lethally drugged patients, AFP, February 18, 2009

Reports detail fatal druggings at nursing facility, Bakersfield.com, February 19, 2009

Related Web Resources:
Read the Declaration in Support of Arrest Warrant and Felony Complaint (PDF)

Read the Felony Complaint (PDF)

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February 17, 2009

Use of Physical Restraints in US Nursing Homes is Declining, Says USA Today

The use of physical restraints on US nursing home patients is falling, says USA Today. This information comes from self-reported data provided by the long-term care facilities to Medicare. Reportedly, unlike in 1991 when about 21.1% of nursing home residents were physically restrained on a regular basis, US nursing homes now, on average, use restraints to immobilize 5.5% of their resident population.

The National Citizens' Coalition for Nursing Home Reform says a physical restraint is a device used to restrict a resident’s physical movements. The kinds of patients who usually end up in restraints are nursing home residents who exhibit low cognitive abilities, patients requiring antipsychotic drugs, residents who cannot perform at least three every day tasks without help, and patients who are prone to falls.

While the government doesn’t bar nursing homes from using restraints, nursing home residents are legally entitled to be free of restraints, which cannot be used for purposes of convenience or discipline. The restraints also must be used in an appropriate manner and not for the purposes of abusing or neglecting a nursing home resident.

Some examples of physical restraints that might be used at a US nursing home:
• Ankle restraints
• Hand mitts
• Chairs that are designed to restrict a patient’s movements
• Clothing used to tie residents to beds or chairs

Use of physical restraints have been known to cause injuries, including muscle atrophy, strangulation, suffocation, trauma, and death.

The USA Today article reports that more can be done to further decrease how often physical restraints are used on nursing home residents. For example, providing patients with beds that aren’t as high off the ground, giving residents socks with non-skid soles, and improving pain managent so that patients don’t become too agitated that they have to be restrained.

If you fear that your loved one is a victim of nursing home abuse or neglect, you can take steps to remove him or her from the unpleasant and unsafe living situation.


Fewer care facilities use restraints for elderly residents
, USA Today.com, February 17, 2009


Related Web Resources:
Federal Nursing Home Reform Act (PDF)

Guidelines On the Use of Physical Restraints in Nursing Homes, Atlanta Legal Aid Society

Continue reading "Use of Physical Restraints in US Nursing Homes is Declining, Says USA Today" »

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February 14, 2009

Nursing Home Found Liable for 91-Year-Old Resident’s Death Involving Neck Fracture

A state investigation is accusing a US nursing home of being at fault in the death of a 91-year-old woman. Gladys Gall was living at the Presbyterian Homes in Arden Hills last year when she sustained a neck fracture.

Gall had advanced osteoporosis, which made her a fall risk. She needed the help of nursing staff to perform many daily tasks. She was also known to resist their help.

On April 18, 2008, she was taken to a hospital emergency room after she said she was experiencing neck and head pain. An imaging scan showed she was suffering from a neck fracture. The elderly patient, however, couldn’t remember how she sustained the injury.

When asked, nurses at the long-term care facility were unable to explain why she had what is called a hangman’s fracture. A neurosurgeon who has been helping with the investigation into Gall’s death, however, says the only way she could have sustained such a fracture was if she experienced trauma to her body. Gall died on April 28, 2008.

Also among the investigation’s findings:
• The fracture could only have been sustained during a fall accident or another violent incident.
• Even if Gall fell by herself, someone would have had to help her get up, which means that someone knows what happened to her but is refusing to tell investigators.
• The nursing home was at fault in the elderly patient's death because she sustained a serious injury while at the facility.

Presbyterian Homes in Arden Hills did not receive a citation for violating any federal or state nursing care standards because it conducted a complete investigation into Gall’s death and trained workers again so that they are now required to report fall accidents and other incidents.

Neck Fracture
A neck fracture usually involves at least one break in a person’s cervical bones. This is a serious fracture than requires immediate medical attention. It can result in paralysis or death.

Certain factors can put a person at higher risk of sustaining a neck fracture, including:
• Age
• Osteoporosis
• A decrease in muscle mass
• Head injury
• Another kind of traumatic injury

Nursing home abuse and neglect can seriously harm a resident and cause his or her health to rapidly deteriorate. US nursing homes are required to provide patients with a certain standard of care and they can held liable for personal injury or wrongful death if they fail to do so.

Arden Hills nursing home found at fault in death of woman, 91, with neck fracture,
Twin Cities, February 14, 2009

Neck Fracture, Aurora Health Care


Related Web Resources:
Elder Abuse, Helpguide.org

Nursing Home Abuse Overview, Justia

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February 12, 2009

Illinois Nursing Home Neglect Lawsuit Filed After 89-Year-Old Chicago Woman Freezes to Death

In Illinois, the family of Sarah Wentworth is suing the Arbor of Itasca, a Chicago suburb nursing home for her wrongful death. Wentworth died last week after she froze to death outside the long-term care facility.

The 89-year-old woman had been a resident at the long-term care facility for two years. Wentworth had dementia, and her family thought they had placed her in a nursing home where she was getting the care she needed.

She was found outside the nursing home in subfreezing temperatures on February 4. She was scantily clad and in her bare feet.

Her family is wondering how an elderly woman who couldn’t get out of bed without assistance managed to go through two doors and pass a nurse’s station to go outside. Wentworth’s walker was reportedly still in her bedroom and a security ankle bracelet she had on should have sounded the alarms when she walked through the doors.

In her family's Chicago nursing home neglect lawsuit, the plaintiffs are accusing the Chicago nursing home of “gross neglect” due to its failure to properly supervise the elderly woman and provide her with proper medical attention. The Illinois Department of Public Health is investigating the cause of her death and police are working with DuPage County prosecutors to determine whether criminal charges need to be filed.

If law enforcement officials find that nursing home staff purposely covered up what occurred, a felony charge of obstruction of justice could apply. Already, there is conflicting information coming from nine of the nursing home workers who were working the day Wentworth went outside.

Recently, the Arbor of Itasca was given a one star rating for quality of care by the Centers for Medicare and Medicaid Services. This rating, which signifies “much below average,” is the lowest rating that the federal agency can give a US nursing home.

During the Chicago nursing home’s last yearly inspection, the state of Illinois found 22 violations, including failure to treat patients with bed sores and failure to keep the long-term care facility free of hazards that could cause injury to residents.

Nursing home neglect is a crime and grounds for a civil lawsuit against all negligent parties.

Family sues Itasca nursing home after woman dies, Daily Herald, February 12, 2009

Nursing Home Death A Warning To Other Families, CBS2Chicago.com, February 11, 2009


Related Web Resources:

The Arbor of Itasca

Centers for Medicare and Medicaid Services


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February 10, 2009

Chicago Area Nursing Home is Cited for More Health Violations

On Monday, the state of Illinois released its latest inspection report of the Berwyn Rehabilitation Center. The report cites the Chicago area nursing home for six violations. While this is an improvement from last year, when an annual review of the nursing home reported 29 deficiencies, any violation at a US nursing home is one too many.

Among the inspectors’ findings:
• Nursing home workers were slow to attend to resident wounds.
• The Chicago nursing home did not have a working mechanical lift on the premise at the time of the inspection. The device is used to move resident who need help.
Failure to regularly bathe some residents.
• Failure to move patients from their beds for several days in a row.
• Failure to provide required pain medication and other medicine as prescribed.

The Berwyn Rehabilitation Facility is one of 81 Illinois nursing homes in the Chicago area to receive a one-star ranking from the Center for Medicare and Medicaid Services, which recently introduced a 5-star rating system that ranks US nursing homes according to the quality of care they provide residents. According to Eric Rothner, a Berwyn Rehabilitation Center, LLC manager, the company has taken steps to improve care at the nursing home since taking over ownership of the long-term care facility last Spring. Changes have included adding better lighting and hiring more staff members.

It was just last March when inspectors cited the home for nearly 30 violations (a significant amount even for a nursing home with a one star ranking), including allowing residents to sit in their feces, failure to treat bedsores, and allowing patients to sustain bruises while being transported in a mechanical lift.

Last summer, an overweight resident suffocated after getting stuck between side rails and an inflatable mattress. All significant violations were corrected by the end of the year. Now, however, residents at the Chicago nursing home appear to be facing new problems.

Chicago nursing homes are required to provide residents with the quality of nursing home care that they need. If a patient gets hurt or dies, the long-term care facility and workers can be held responsible for nursing home neglect or abuse.

New violations alleged at troubled Berwyn nursing home, Chicago Tribune, February 10, 2009

Misery: Inside a 1-star nursing home, Chicago Tribune, February 9, 2009


Related Web Resources:
Berwyn Rehabilitation Center, National Nursing Home Watch List

Centers for Medicare and Medicaid Services

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February 6, 2009

Nursing Home Resident Dies from Salmonella Outbreak and Family Sues Peanut Manufacturer for Wrongful Death

The family a woman that died after eating Salmonella-tainted peanut butter at a nursing home is suing the peanut butter manufacturer for her wrongful death. Shirley Mae Almer, 72, died on December 21, 2008.

The defendants in the wrongful death lawsuit are Peanut Corporation of America and King Nut Companies. The complaint contends that the defendants neglected to safely make, package, and distribute the peanut product, correctly supervise and train employees, create and maintain the appropriate standard of hygiene at the peanut product plant, properly test its products, and ensure that cross-contamination did not occur.

The Salmonella contamination has led to the recall of hundreds of products that may contain peanut products from the manufacturing plant. Already, there have been reports liking the tainted peanut products to 8 deaths and over 500 incidents of Salmonella food poisoning. More than 100 people have required medical attention.

Food in Nursing Homes
Ilinois nursing homes are supposed to make sure that the food they provide residents is clean and free from any harmful bacteria that could make patients sick. It is also the responsibility of nursing homes to make sure that they cater to the special dietary needs of any residents. Failure to fulfill these duties could be grounds for an Illinois nursing home neglect lawsuit.

The Atlanta Legal Aid Society offers a list of food and nutrition requirements that US nursing homes should adhere to, such as:

• Serving food in an sanitary manner.
• Making sure meals satisfy each residents dietary needs.
• Hot food needs to be served hot and cold foods should be served cold.
• Providing three meals a day.
• Allowing no more than 14 hours to pass between dinner and breakfast.
• Providing assistance to any resident that needs help eating or drinking.
• Making sure that residents eat their food and drink enough that they don’t become dehydrated.

First Wrongful Death Lawsuit Filed In Salmonella Outbreak Linked To Peanut Corporation Of America, Medical News Today, January 29, 2009

Food and Nutrition Issues In Nursing Homes, Atlanta Legal Aid Society


Related Web Resource:
Salmonella typhimurium, Resource Center for Biodefense Proteomics Research

Salmonellosis, Centers for Disease Control and Prevention

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February 5, 2009

Illinois Nursing Home Worker Arrested for Allegedly Raping 82-Year-Old Resident

In Illinois, police in East Moline have arrested nursing home employee Paul Hubbard for allegedly raping an 82-year-old female resident. Court records indicate that the Port Byron suspect works for the Parkview Terrace Nursing Home and that another worker spotted him having sex with the elderly woman, who was not able to consent to the act. The elderly resident was transported to Illinois hospital and later released. Hubbard is behind bars and has been charged with criminal sexual assault.

According to the nursing home, the Illinois Department of Public Health conducted an investigation into the incident and found that the nursing home was not in violation of any regulations or rules. The department, however, says it has not yet finished its report.

Rape
Rape is a serious crime that can cause serious physical injuries and emotional trauma to the victim. Rape usually involves nonconsensual sex between two people where one person is the instigator of the sexual act and the other person is either forced or coerced into it or is in a state of mind where he or she is incapable of consenting to sexual intercourse.

Many nursing home residents who have been victims of rape by a nursing home worker, another resident, or a visitor to the facility have lacked the ability to consent or refuse to engage in sexual acts. For example, a nursing home resident may be suffering from dementia or Alzheimer’s, be physically incapacitated, have lost the ability to speak, or be physically incapacitated.

Nursing homes are responsible for making sure that their patients do not become the victims of such a violent and violating crime. Failure to ensure this duty of care can be grounds for a nursing home abuse or neglect lawsuit against the home and/or the perpetrator of the sexual assault crimes.

82-yr-old woman allegedly raped at nursing home, WQAD, February 5, 2009

Related Web Resources:
East Moline nursing home sued for negligence, Quad-Times, November 13, 2008

Illinois Department of Public Health

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February 3, 2009

Former Nursing Home Caregiver Goes to Jail for Financial Elder Abuse

A former nursing home worker has been sentenced to six months in jail and three years probation for financial elder abuse. Ramil Panlaqui had pleaded no contest to three felony counts of financial elder abuse.

The 42-year-old former nursing home caregiver worked at Atherton Healthcare, where he allegedly stole checkbooks from two elderly residents, ages 88 and 75. Prosecutors say Panlaqui took approximately $4,000 from his victims. Another check from a third victim was found after the former caregiver was arrested. As part of Panlaqui's sentencing, a judge has ordered him to return the money he stole from the victims’ accounts to Bank of America and Wells Fargo.

Financial Elder Abuse
Financial elder abuse involves the financial exploitation of an elderly person. Some examples of financial elder abuse:

• Stealing the elderly person’s money
• Forgery
• Preventing the victim from having access to his or her money
• Coercing or forcing an elderly person to sign a Power of Attorney
• Making changes to an elderly person’s will without their consent or by unethical persuasion
• Extortion

Some Possible Signs of Financial Elder Abuse:
• Unusual bank account activity
• Sudden revisions to the elderly person’s will
• Unexplained ATM withdrawals
• New investments that are made even though the elderly person is too sick or incapacitated to make such decisions
• Bounced checks that should have been easily paid from the victim's funds.

Unfortunately, financial elder abuse is an all too common form of nursing home abuse that occurs in US long-term care facilities.

Pacifica man gets 6 months in jail for embezzling from nursing home residents, San Mateo County Times, February 2, 2009

Financial Elder Abuse


Related Web Resource:
Financial Elder Abuse, National Committee for the Prevention of Elder Abuse

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January 30, 2009

Two Certified Nursing Assistants Arrested in Separate Incidents For Alleged Nursing Home Abuse

Two healthcare workers are under arrest for allegedly abusing elderly nursing home patients in separate incidents at two different nursing homes. The women are Monique Jones, 32, and Nellie Weller, 47. Both of the nursing home workers are Rochester, New York residents.

Jones, a certified nursing assistant (CNA), allegedly kicked an 88-year-old patient in the ribs when she was a worker at the Kirkhaven Nursing Home. Weller's arrest stems from allegations that she tied the nightgown of a nursing home resident around his legs and neck, which made it impossible for him to move or use the urinal. The last alleged nursing home abuse incident is said to have taken place at the Tina Wilson Living Center.

Jones was arraigned today. Weller’s arraignment is expected shortly. Both women face charges of endangering the welfare of a physically disabled or incompetent person and willfully violating health laws. Following the alleged abuse incidents, the two women were fired from the two nursing homes.

Nursing Home Abuse
There are many reasons why nursing home abuse occurs in US nursing homes. Inadequate training, inadequate supervision, inadequate staffing, failure to do a proper background check on workers, and worker impatience or frustration at a nursing home resident are just some reasons why nursing home abuse can happen.

Not only can nursing home abuse lead to a patient sustaining physical or emotional injuries, but he or she also may end up receiving sub-standard care, which puts the resident's health and life at risk. Nursing home residents are entitled to receive the proper care in an environment that is safe and abuse-free.

Two healthcare workers arrested on abuse allegations, MSNBC, January 30, 2009

Attorney General Cuomo Announces Arrests of Two Health Care Workers for Abusing Elderly Residents in Rochester Area Nursing Homes, Office of the Attorney General, January 29, 2009


Related Web Resources:
Nursing Homes in Chicago, Illinois, The City of Chicago.com

Nursing Home Overview, Medicare.gov

Continue reading "Two Certified Nursing Assistants Arrested in Separate Incidents For Alleged Nursing Home Abuse" »

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January 28, 2009

Wrongful Death Lawsuit and Criminal Charges Pending Against Nursing Home Worker who Allegedly “Slapped and Slugged” a 94-Year-Old Resident

A 48-year-old certified nursing home assistant who has been charged with a felony for allegedly punching an elderly nursing home resident in the mouth says the incident never happened. The resident, 94-year-old Vera Talbott, sustained injuries during the alleged 2007 nursing home assault incident. Karen S. Buck and Williamsburg Village nursing home deny that the incident occurred. Buck is scheduled to stand trial in April. In civil court, Talbott’s daughter, Jenette Sloan, is suing the Indiana nursing home and Buck for wrongful death allegedly caused by nursing home negligence.

Talbott was admitted to the nursing home after suffering a stroke. Sloan, who visited her mother daily, says that during one visit, she noticed that her mother’s face was red, she appeared to be drugged or nearly unconscious, and she wouldn’t touch her food.

Sloan says that at first, nursing home workers wouldn’t tell her what was wrong. After she left the facility, however, a nurse contacted her and told her that the nursing home was sending Sloan to the hospital because she had been hit by a nurse.

Sloan says a police officer told her that the nurse had slapped and slugged her mother a few times, which left the 94-year-old with facial bruises and a black eye. Sloan says that her mother had spit on the nurse because she had sores on her feet that hurt whenever anyone would put socks on them.

The alleged assault incident took place in June 2007. In September 2007, Talbott passed away. Her estate filed a wrongful death lawsuit alleging that the brutal beating she received from Buck, as well as the nursing home’s negligence resulted in physical ailments, health complications, and ultimately, her wrongful death.

According to the nursing home’s executive director, Ben Wells, an investigation by the state, the attorney general’s home, the ombudsmen, and police found that the allegations against Buck could not be substantiated and the prosecutor at first was not going to press charges. A felony battery charge, however, was filed against her in February 2008. Buck has pleaded not guilty. Wells says Buck has not worked at the Williamsburg Village nursing home since June 2007.

Patient Assault
Physical assault, sexual assault, verbal abuse, or emotional abuse of a nursing home patient by a nursing home worker is illegal and can be grounds for a nursing home abuse or wrongful death lawsuit.

Nursing home caregiver facing battery charge, The Star Press, January 25, 2009

Signs of Nursing Home Neglect, Elder Abuse Foundation

Related Web Resource:
National Center on Elder Abuse

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January 26, 2009

Nursing Home Negligence Lawsuit Seeks $13 Million for 84-Year-Old Woman's Wrongful Death

The three daughters of an 84-year-old woman are suing a US nursing home for her wrongful death. Alice Laverne Britton was a resident at Asbury Place nursing home from 2005 until April 2008. Britton’s daughters claim that the nursing home’s repeated negligence contributed to their mother’s death.

Their wrongful death lawsuit claims that the nursing home:

• Failed to get their mother the proper nutritional care that she needed and that she was severely dehydrated and malnourished when she died.
• Failed to properly prescribe and monitor Britton’s medication and that because of this, their mother experienced severe internal bleeding.
• Failed to properly treat her bedsores until her condition became severe.
• Allowed two unskilled student workers at the nursing home to carry their mother, who they dropped. As a result, Britton sustained a broken femur that allegedly was not treated immediately.

Britton was put in hospice care in May 2008. It was at this point, her daughters claim, that the nursing home surrendered its duties and allowed their mother's health to “rapidly deteriorate.”

Asbury Inc Executive Director Teesa Brown disputes the daughters' claims of negligent care. Brown says the nursing home provided appropriate care to Britton. Britton’s daughters are seeking $3 million in compensatory damages and $10 million in punitive damages for her wrongful death.

Nursing Home Negligence
A nursing home patient’s health can rapidly deteriorate if he or she does receive the appropriate care. If your loved one has exhibited sudden weight gain or loss, develops decubitus ulcers, becomes unresponsive or depressed, or exhibits poor grooming or hygiene, he or she may have become the victim of nursing home neglect. Nursing home abuse or neglect can result in personal injuries or the wrongful death of a nursing home resident.

Asbury Place Faces $13 Million Suit, The Daily Times, January 24, 2009

Signs of Nursing Home Abuse and Neglect, Times of the Internet, January 4, 2009

Related Web Resource:
Asbury Place, Maryville

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January 24, 2009

Nursing Home Received Citation Because Resident Lost 87 Pounds in Less than Three Weeks

A newspaper is reporting that a US nursing home that was recently slapped with federal and state sanctions was caring for a patient who lost over 87 pounds in 19 days. The Herald-Ledger obtained this information under the Open Records Act.

As noted in an earlier post on this Chicago nursing home abuse blog site, the US government has threatened to revoke the Winchester Centre for Health and Rehabilitation’s Medicare and Medicaid funding. The Centers for Medicare and Medicaid Services also warns that the nursing home could be fined a maximum of $6,050 a day if certain issues aren’t remedied. The nursing home has been given more than one Type A citation for alleged nursing home abuse and neglect.

A type A citation was issued in August 2008 after it was discovered that one of the nursing home resident’s dropped from 197 pounds to 109.4 pounds in less than three weeks. Staffers also reportedly failed to properly monitor the patient or notify a doctor that the patient’s condition was deteriorating. The patient became unresponsive. A doctor at the hospital where the patient was eventually admitted told investigators that no one should lose weight that quickly.

Another Type A citation was issued earlier this month after another patient was given the wrong dosage of anti-seizure medication for nearly six weeks during the months of November and December. Rather than orally giving the patient 450 milligrams a day of extended-release capsules, the resident was administered 400 milligrams through a feeding tube. The medication error wasn’t noticed until the patient had a seizure. The nursing home reportedly lacked a system for making sure that staffers were properly administering medications to patients.

Other problems at the Winchester Centre for Health and Rehabilitation, based on investigations and state inspections since August, include failure to tell doctors about patients’ deteriorating conditions, failure to follow up on doctors’ orders for seriously ill patients, unsanitary conditions, disrepair, and improper food storage.

Nursing home patient lost 87 pounds in 19 days, Kentucky.com, January 23, 2009

Winchester nursing home to lose funding, Kentucky.com, January 14, 2009


Related Web Resources:
Centers for Medicare & Medicaid Services

Winchester Centre for Health and Rehabilitation

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January 22, 2009

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

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

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January 20, 2009

Veterans Nursing Home Settles with US Justice Department Over Civil Rights Violations, Including Neglect

A settlement has been reached between the Tennessee State Veterans Home and the US Justice Department over allegations that civil rights violations occurred at two nursing homes. The agreement will allow the veterans care facilities to stay open.

In early 2008, the nursing homes were cited for allegedly neglecting patients. The nursing home neglect reportedly caused unnecessary discomfort and pain and may have contributed to some of the residents’ deaths. Other violations cited by the Justice Department included those involving nursing care and medical attention that substantially deviated from accepted professional standards. The department’s report also accused nursing home staffers of failing to protect residents from fall-related injuries.

Under the agreement, the nursing homes are to provide proper medical and nursing care to residents while protecting them from harmful situations. Under the Civil Rights of Institutionalized Persons Act, the US Attorney General is allowed to investigate claims and weed out deficiencies in nursing care.

Veterans nursing homes, like all nursing homes, are supposed to provide their residents with the proper medical care and attention that each patient requires. In addition to the kinds of illnesses and medical conditions that come with being a sick or elderly nursing home patient, veterans may also have service-connected disabilities or conditions that require specialized nursing care.

As a nursing home patient, you are entitled to having all of your civil rights upheld, as well as other rights involving:

• Privacy
• Personal property
• Religious freedom
• Medical care
• Personal care
• Visitation
• Restraints and confinement

State Veterans Home settles on violations, Nashville Business Journal, January 19, 2009

Nursing Home Care Act, Illinois General Assembly


Related Web Resources:
Tennessee State Veterans Home

Civil Rights of Institutionalized Persons Act

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January 16, 2009

Steps to take if you suspect nursing home abuse or neglect at a Chicago nursing home

There have been too many recent incidents of nursing home abuse or neglect at US nursing homes for family members to not exercise extra vigilance in making sure that your sick or elderly loved one does not become a victim of such a horrible crime. Sometimes, nursing home residents are too sick or weak to realize that they are being abused. They may also be too scared to report that they are being physically abused, sexually assaulted, or financially exploited by a nursing home worker.

Signs that may indicate nursing home abuse or neglect at a Chicago nursing home:
• The nursing home resident doesn’t seem to get along with a nurse or another worker
• Emergency medication overdose
• Broken eyeglasses
• Poor hygiene
• Large bank withdrawals
• Unexplained or questionable changes to the resident’s will or other key documents
• Unexplained ATM withdrawals, even though the resident could not have made the withdrawals
• Failure of nursing home workers to answer questions about the patient’s care
• Being forbidden from seeing the resident without supervision
• Dementia-like symptoms, including mumbling and rocking
• Sudden changes in weight
• Unexplained broken bones or bruises

If you suspect nursing home abuse or neglect:
• Call police
• Contact an experienced Chicago nursing home abuse attorney

There are steps your Illinois nursing home abuse lawyer can take to remove your loved one from the nursing home while making sure that he or she gets the medical attention and proper care needed. Your loved one may also be entitled to Illinois personal injury compensation for the abuse or neglect.

Related Web Resources:
National Center on Elder Abuse

Nursing Homes in Illinois

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January 15, 2009

Three Nursing Home Residents in Wheelchairs Injured After Intruder Assaults Them

Three nursing home residents in wheelchairs suffered facial bruises after they were punched by a man who walked into the Tulare Nursing and Rehabilitation Center. The intruder, 28-year-old Marcos Alderete, was arrested and booked on suspicion of felony elder abuse, public intoxication, and battery.

Police officers think that Alderete sniffed paint before he attacked the residents, an 82-year-old man and two 92-year-old women. They say he was able to enter the nursing home through the front door, which was unlocked.

Alderete encountered the three residents in the lobby, where he attacked them. The elderly man’s cheeks became swollen from the assault, while the two females sustained bruises around the eyes. It is not known why they were sitting close to the front door.

Alderete stopped his assault after he was confronted by a nursing home staff member. He then ran outside where he was detained at a nearby hospital by a security guard.

Inadequate Security at US Nursing Homes
Nursing homes are supposed to ensure the safety of their residents. This means that nursing home abuse and neglect must strictly be prohibited and safety and security precautions must be taken to make sure that residents and nursing home workers do not become the victim of violent, sexual, or robbery crimes.

Steps that nursing homes can take to secure the premise:

• Installing decurity cameras and other surveillance equipment
• Setting up alarm systems
• Separating violent residents from other residents
• Making sure there is adequate resident and staff supervision
• Conducting criminal background checks when hiring nurses and other nursing home staffers
• Securing entrances and exits
• Establishing a visitor sign-in policy

If your loved one was injured because of nursing home abuse or neglect or because an Illinois nursing home was negligent about providing adequate security on the premise, you may be able to claim damages for personal injury.

Tulare man arrested in assaults on three nursing-home residents, Visalia Times-Delta, January 15, 2009

Man busts into Tulare nursing home, assaults 3, Visalia Times-Delta, January 14, 2009

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January 14, 2009

Nursing Home Loses Funding After Receiving a Type A Citation for Alleged Abuse and Neglect

The federal government says it is taking away the Medicare and Medicaid funding of a US nursing home that was given a Type a citation for alleged nursing home abuse and neglect. The Winchester Centre for Health and Rehabilitation Center houses up to 183 patients and has a special unit that cares for patients with dementia.

The details for why the Type A citation was issued are not clear—although officials at the nursing home reportedly told Nursing Home Ombudsman Agency of the Bluegrass Executive Director Kathy Gannoe that the issue involved medical mistakes which have now been corrected.

The Centers for Medicare and Medicaid Services says that its contract with the nursing home will be terminated next month. At that point, the Winchester Centre for Health and Rehabilitation Center won’t be certified to take care of people that receive Medicaid and Medicare benefits. Any patients staying at the home who have these benefits will be moved to certified facilities when the contract expires.

In order to be certified by Medicare and Medicaid, certain standards, such as those involving resident safety, food sanitation, and improper practices, must be met. Failure to remedy any problems is grounds for termination of the home’s agreement with the Centers for Medicare and Medicaid Services.

In the last three months, the Nursing Home Ombudsman Agency of the Bluegrass has received 31 complaints regarding the nursing home. More than 85% of the complaints were satisfactorily resolved.

Nursing homes are supposed to provide residents with the medical care and attention that they need.

Winchester nursing home to lose funding, Kentucky.com, January 14, 2009

Nursing Home Ombudsman Agency of the Bluegrass


Related Web Resource:

Centers for Medicare and Medicaid Services

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January 10, 2009

Nursing Home Negligence Lawsuit Claims Aunt Dropped by Workers is Wheelchair Bound for Life

The niece of a 65-year-old nursing home resident is suing a long-term care facility for nursing home negligence. Melody Lucero says that nursing home workers at North Platte Care Centre, now called Premier Estates, dropped Hazel Earll onto the floor. As a result of the fall accident, she suffered serious injuries and must use a wheelchair for the rest of her life.

The nursing home, its parent companies Davbo Co. LLC and Boyle Company Inc., and nurse practitioner Pamela Barr are just some of the defendants named in the nursing home neglect lawsuit. According to the complaint, in November 22, 2006, Earll, who is mentally retarded and had just undergone hip replacement surgery two days before, was admitted to the North Platte Care Centre for additional rehabilitation.

Two days after she was admitted to the nursing home, NPCC workers were transferring the 65-year-old patient to the bathroom when they accidentally dropped her. The lawsuit contends that Earll’s right elbow, the right side of her forehead, and her cervical spin were injured from the fall. She also fractured her new right hip, which led to an infection.

On November 30, Earll was taken to an emergency room because of extreme distress caused by pain. X-rays showed that her hip was broken in three places. She now requires the use of a wheelchair to get around.

The nursing home neglect lawsuit accuses NPCC of reckless disregard and claims that nursing home workers were not told about the full scope of Earll’s care requirements and needs. The complaint contends that the ratio of nurse to resident at the home is low enough that staffers ignore patients’ needs and that NPCC marketed their home to prospective patients with higher custodial care and medical needs than the nursing home chain could actually provide.

Earll's niece, Melody Lucero, is also accusing NPCC of failing to prevent her aunt from becoming the victim of nursing home abuse and neglect, failing to help her maintain good oral hygiene, failing to provide adequate nursing staffing, failing to provide a proper nursing care plan for Earll, failing to maintain proper clinical records, and failing to tell Earll’s family and doctor that her care plan needed to be modified.

Nursing Home Fall Accidents
Elderly and sick nursing home residents are at risk of sustaining serious injuries anytime they are involved in fall accidents. Nursing home workers are supposed to take preventive steps to make sure such accidents do not happen.

NP woman sues retirement home for negligent care, North Platte Bulletin, December 27, 2008

Maximize the Benefits of Hip Replacement with Rehabilitation, AAPMR.org


Related Web Resource:

Falls in Nursing Homes, CDC

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January 8, 2009

Wrongful Death Lawsuit Says Nursing Home Abuse and Neglect Led to 72-Year-Old Patient Dying of Dehydration, Pneumonia, and Kidney Failure

The son of a 72-year-old nursing home resident is suing Golden LivingCenter-Greeley home for his father’s wrongful death. Kevin Cole’s lawsuit, filed in federal court, is seeking at least $75,000 because he says severe thirst, due to nursing home abuse and neglect, was the cause of Dean Cole’s death in January 2007.

Dean was admitted to the nursing home in December 2006 because he was suffering from dementia and required full-time nursing care. The 72-year-old had only been at the home for 3 weeks when his brain and kidneys shut down.

A state Department of Health probe found the nursing home to be “in neglect” of Dean. While staff workers reportedly noted that the elderly patient wouldn’t eat or take his medicines (he didn't eat 15 out of 24 meals that were served to him), nutritional supplements that the nursing home’s dietary manager recommended for Dean were never ordered.

Staff members were about to send Dean to a hospital behavioral unit, after he became combative and agitated, when he fell into a coma. On January 21, 2007, Dean died of severe dehydration, kidney failure, and pneumonia.

Kevin Cole’s wrongful death lawsuit says that because nursing staff members abused and neglected Dean, he lost 20 pounds and 10 liters of water during his brief stay at the home. Kevin is also accusing the nursing home of failing to tell doctors about his father's drastic weight loss.

Feeding Patients with Dementia
According to Dr Susan Aldridge, it is not uncommon for dementia patients to have feeding problems, which is why they may need the help of nursing home workers to make sure they get the nutrition they need. Failure to properly feed and hydrate a nursing home resident can be detrimental to his or her health.

Stillwater nursing home sued over man's death, Star Tribune, December 30, 2008

Son Claims Dad Died of Thirst in Nursing Home, MSNBC.com, January 2, 2009


Related Web Resource:

Dementia Symptoms

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January 6, 2009

$2 Million Nursing Home Neglect Lawsuit Accuses Long-Term Care Facility of Failing to Protect Female Resident from Sexual Assault by Male Resident

A $2 million personal injury lawsuit has been filed against a US nursing home for its alleged failure to protect a patient with dementia from becoming the victim of sexual assault by a male resident. In April 2008, a nursing home aide at Health Care at Foster Creek found a 61-year-old woman in bed, naked from the waste down and crying, as 68-year-old Marko Chandler was allegedly assaulting her. Chandler, who also suffers from dementia, has a criminal history that includes robbery and waving a gun at another man during an argument.

The complaint not only accuses Health Care at Foster Creek of failing to protect the 61-year-old woman from Chandler, but the nursing neglect lawsuit contends that the long-term care facility did not contact the woman’s relatives or report the incident to police even though workers knew that her condition made it impossible for her to consent to any sexual acts.

Following the assault incident, the woman became prone to crying episodes and refused to eat. The nursing home neglect lawsuit contends that some 38 substantiated complaints of nursing neglect or abuse had been filed over a four year period.

Health Care at Foster Creek is one of the homes that received a below average rating from the federal government during its yearly performance review. Recent violations at the nursing home included failure to stop a resident from going into other residents’ rooms, failure to stop residents from assaulting other residents or urinating in another resident’s bed, and failure to monitor a patient who lost 30 pounds in 40 days while suffering from kidney disease because staffers did not ask him what he would like to eat.

Sexual assault crimes at US nursing homes is a serious problem. Attackers have included nursing staff workers, other patients, and visitors. In 2004, nursing home watchdog Wes Bledsoe told CBS News that after searching records in 37 states, he discovered that 380 registered sex offenders were living in US nursing homes.

As for Chandler, who was charged with unlawful penetration and first-degree sexual abuse following the incident with the female resident, he was not convicted of any crime. A judge found him unfit for trial.

Lawsuit accuses SE Portland nursing home of failing to protect resident from sexual assault, Oregon Live, December 29, 2008

Abuse In The Nursing Home, CBS Evening News, November 15, 2004


Related Web Resources:

Nursing Home Compare, Medicare Web site

Health Care at Foster Creek

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December 31, 2008

Ailing 65-Year-Old Woman Moved to Illinois Nursing Home 1,000 Miles Away from Her Husband Without His Consent on Christmas Eve

The husband of Viola Jane White claims his wife was transferred to an Illinois nursing home from a Florida long-term care facility on Christmas Eve without his consent. Viola, 65, is sick and must be hooked up to a ventilator and undergo dialysis in order to stay alive. Elmwood Care nursing home in Elmwood, Illinois, is 1,000 miles from where her husband, William White resides.

William, 72, says he is angry that Kindred Hospital failed to ask for his permission before transferring her and instead, asked his wife to sign the approval papers. He says his wife is not even capable of figuring out what day it is. William says he doesn’t know when he’ll be able to see his wife.

The hospital reportedly sent the Whites a letter informing them that Viola’s Medicare and Medicaid benefits would be exhausted by the middle of November. William says he was told the only way that Viola could avail of Medicaid and Medicare benefits was if she moved to a nursing home in another state.

On Friday, Kindred Hospital issued a statement to local media. The long-term care facility says that Mrs. White was discharged because she no longer needed “high-intensity medical care.”

Nursing Homes
Choosing to admit a sick or elderly loved to a particular nursing home is a very personal choice and one that requires a great due diligence and investigation. Many nursing home experts recommend that the prospective patient and/or loved ones visit the home to make sure that the place is clean, the services are good, and that the environment is one that your loved one can feel comfortable living in while receiving the care that she or he needs.

Many nursing home experts also recommend that you select a nursing home facility that is close enough for loved ones to visit regularly. Not only does this make living in the new home easier for the resident but it allows him or her to maintain relationships with family and friends. It also gives relatives a chance to check on the their loved one and make sure that he or she does not become the victim of nursing home abuse or nursing neglect. According to NursingHomeGuide.org, hospitals cannot transfer a patient to a nursing home without the patient’s consent.

Husband Says Hospital Moved His Wife 1,000 Miles Away On Christmas Eve-, First Coast News, December 25, 2008

Nursing Home Guide


Related Web Resource:

Nursing Homes in Illinois

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December 29, 2008

Recent US Nursing Home Abuse Incidents Involving Patient Assault

Nursing homes are paid to provide sick and elderly residents with the proper care, as well as ensure that they do not become the victims of nursing home abuse or neglect. Unfortunately, each year, too many nursing home residents are sexually assaulted, mentally abused, verbally abused, physically assaulted, or neglected.

Signs that your loved one may be the victim of nursing home assault include:

• Unexplained bruises or broken bones
• Sudden hair loss
• Sudden change in behavior
• Mood swings

Nursing home abuse of any kind not only batters the body, but bruises the soul. It can also lead to the deterioration of your loved one’s health, including his or her death.

Just this week, there were at least three reports of nursing home workers who were apprehended for allegedly abusing nursing home residents:

• A 29-year-old female nursing home worker was indicted for allegedly assaulting a 90-year-old resident in front of other people. The patient has dementia and physical problems, and witnesses claim that the nursing home worker became frustrated with her.

• Five nursing home workers were fired after they were arrested for allegedly assaulting a 94-year-old resident.

• A nursing home aide who hit an 89-year-old resident on the head with a soiled diaper was sentenced to 120 days in jail. The worker must also take an anger management course and serve three years probation.


Salem woman sentenced for assault of patient, CourierPostOnline, December 24, 2008

Allegheny County Nursing Home Workers Accused Of Assault, The Pittsburgh Channel, December 24, 2008

Police: Nursing Home Worker Hit 90-Year-Old, WHIO, December 23, 2008


Related Web Resources:

Nursing Homes, Medicare

Nursing Home Abuse and Neglect Resource Center

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December 24, 2008

Nursing Home Ordered to Pay $1.25 Million for Elderly Patient’s Wrongful Death

A jury has ordered a US nursing home to pay a woman $1.25 million for her father’s wrongful death. Melvin Raybon died in 2004 after suffering from an infected bed sore caused by nursing home negligence. He became a resident at the Tucker Nursing Center in 2002. Nine months after his admission, he was sent to the hospital for treatment of a bed sore on his left buttock.

The wrongful death lawyer for Raybon’s estate says the home did not have enough staff members to provide the 67-year-old with the proper care so he could be turned over every two hours to prevent bed sores from occurring. After the hospital stabilized his infection, Raybon’s condition deteriorated, and he suffered from malnutrition, more bed sores, and infections leading up to his death.

According to the Agency for Healthcare Research and Quality:

• In 2006, 503,3000 patients who were admitted to US hospitals were suffering from bed sores.
• This figure is a dramatic increase from 1993, when only 281,300 hospital patients were treated for the same condition.
• The majority of patients suffering from bed sores were seniors, 65 years of age or older.
• According to the American Hospital Association, the increase in bed sores may be due to the increase in elderly patients being admitted to US hospitals.

Bed sores can lead to serious health complications for nursing patients, especially for those who are sick or frail. Nursing homes are responsible for making sure their workers turn bedridden patients on a frequent basis—every two hours is recommended—so that infections don’t arise.

Hospitals Face a New Epidemic: Bedsores, New York Times, December 8, 2008

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December 23, 2008

Illinois Nursing Homes Rated for Quality by the Centers for Medicare and Medicaid Services

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" »

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December 21, 2008

Illinois Prosecutors Drop Criminal Abuse Charges Against Two Mental Healthcare Facility Workers Blamed for Allergy Death of Chicago Patient, But Still Say They Acted Negligently

Illinois prosecutors have dropped the criminal abuse charges filed against two Elgin Mental Health Center workers for their alleged involvement in the death of a Chicago patient who was fed fish even though the facility was warned that he was allergic. Morris Howard, 58, died on June 20 after eating the fish and going into anaphylactic shock.

The charges were dropped last week after prosecutors found there was not enough evidence to show that security therapy aides Virdia Spain and Illuminada Tizon had fed Howard the fish because they knew it could kill him. Prosecutors, however, also said that they believed that a level of negligence occurred in order for the feeding error to happen.

Not only had the Elgin facility and its workers been warned of Howard’s food allergy, but notes had been made on his chart and special colored cards reminding people of his fish allergy had been placed on his food tray.

Howard had serious mental and physical disabilities from a gunshot injury and required on-on-one attention from the staff members In Kane County. A coroner’s jury ruled that the cause of his death was homicide by negligence.

Illinois nursing homes, mental health centers, and other long-term residential care facilities are responsible for making sure that residents are fed properly so that they get the nutrition that they need and do not suffer from dehydration. Some residents may even have a special diet that is important to follow—especially if a patient is diabetic, a vegetarian, allergic to dairy, nuts, nother food product, or is in need of specific nutrients in order to stay healthy. A patient's diet may even be specially prescribed by a physician.

Illnesses, injuries, and deaths that arise at an Illinois nursing home because workers were negligent in the care or feeding of a patient can be grounds for criminal charges against all responsible parties. Even if there is insufficient evidence to file criminal charges, you may be able to file an Illinois nursing home neglect lawsuit to recover damages.

Charges dropped in allergy death of patient at Elgin Mental Health Center, Chicago Tribune, December 19, 2008

Allergy death is ruled homicide by negligence, Chicago Tribune, October 31, 2008


Related Web Resources:

Nutritional Issues in Nursing Home Care, Annals of Internal Medicine

Nursing Homes,
Medicare

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December 19, 2008

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

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 " »

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December 18, 2008

Illinois Nursing Home Must Pay $3,500 Fine for 86-Year-Old Patient’s Fall Accident

The US Centers for Medicare and Medicaid Services is ordering a Springfield, Illinois nursing home to pay a $3,500 fine for failing to prevent a patient’s fall accident. 86-Year-Old Alfred “Stan” Catherwood tumbled down a flight of steps at Capitol Care Center while strapped to his wheelchair. The Illinois nursing home accident occurred on September 24. Schaff was admitted to the Springfield nursing home on September 11.

Catherwood broke bones in his neck and face, as well as sustained tears and scratches on his arms, left check, and head. He was hospitalized following the incident and died on October 28 at a Petersburg nursing home. However Capital Care Center Administrator Cynthia Schaaf says Catherwood’s death was not related to the injuries he sustained in the fall accident, which the Illinois Department of Public Health inspection ruled were not life-threatening.

The state’s inspection report noted that Catherwood had dementia and that his family had asked that he be strapped into his wheelchair because there was a chance he might decide to wander from the Springfield nursing home.

The elderly resident somehow managed to enter the stairwell, which had the only door at the nursing home that lacked an automated alarm or key-code lock. Schaaf claims Catherwood would have only been able to open the door with someone’s help and. She believes that either another resident or a visiting relative may have held the door open for him.

According to the Illinois Department of Public Health, the Springfield nursing home failed to properly supervise Catherwood and failed to maintain an environment that was hazard-free. Inspectors also reported a finding of “immediate” jeopardy, which compelled Capitol Care to put up warning signs that residents shouldn’t be allowed through exit doors. A keypad lock was also installed on the door.

Fall Accidents at Illinois Nursing Homes
Nursing home operators, like all other premise owners and property managers, are supposed to make sure that there are no hazardous conditions on the premise that can cause fall accidents or another type of injury of accidents. Fall accidents are one type of accident that can lead to an Illinois nursing home neglect or premises liability lawsuit if someone is injured as a result of inadequate supervision, failure to warn, failure to repair or remedy a hazardous condition, or any other form of nursing home negligence.

Springfield nursing home fined $3,500 after patient falls down stairs, SJ-R.com, December 10, 2008

Nursing home fined after patient falls down stairs, Chicago Tribune, December 11, 2008

Related Web Resources:

Capitol Care Center, Hospital-Data.com

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December 12, 2008

In Two Separate Nursing Home Abuse Cases, Two Nursing Home Workers Accused of Sexually Assaulting Residents

A nursing home aide is accused of sexually, physically, and emotionally abusing six elderly residents. The abuse incidents reportedly occurred over a six-month period. Another nursing home assistant reportedly witnessed the incidents but did not report the abuse until July.

The Health Department report says the aide, who is female, put her finger in the cancerous vulva of a resident, dropped another resident four feet onto her bed, and threw stuffed toys that another resident thought of as her children onto the ground. She also is accused of showing her breasts to at least one male resident and giving two residents lap dances.

The female aide denies doing anything wrong. Because there aren’t enough witnesses and insufficient evidence, police are unlikely to file criminal charges. Nearly all of the victims were patients with dementia. One of the residents who is able to talk about the abuse is reluctant to discuss the case with police.

In another nursing home abuse case, 35-year-old Alejandro Arias has been charged with felony sexual battery. The nursing home worker was fired from Anaheim Terrace Care Center and is in police custody.

Arias is accused of sexually assaulting at least two elderly women when they were staying at the nursing home. He allegedly sexually assaulted an 84-year-old resident twice and forced her to fondle him. Police are checking to see whether there may be more victims.

Nursing homes are supposed to make sure that residents are given the proper care and are protected from becoming the victims of physical abuse, emotional abuse, sexual abuse, nursing home neglect, or any other crimes. Many nursing home residents are too sick, vulnerable, or frail to protect themselves from abusive acts, which unfortunately makes them easy targets of abusive workers and others.

Nursing assistant arrested for assault, ABC 7, December 9, 2008

At Montevideo nursing home, reports of abuse, Star Tribune, December 11, 2008


Related Web Resources:

Elderly Often Unrecognized Victims of Sexual Abuse, Senior Journal, November 9, 2004

Elder Abuse, Helpguide.org

Continue reading "In Two Separate Nursing Home Abuse Cases, Two Nursing Home Workers Accused of Sexually Assaulting Residents" »

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December 11, 2008

Some Coroners Want Illinois to Pass Law Require Investigations into All Resident Deaths For Signs of Nursing Home Abuse or Neglect

There are over 100,000 nursing home residents living in 1,200 Illinois nursing homes. While the state of Illinois doesn’t require county coroners to investigate all deaths that occur at these care facilities, some coroners want the state to pass a law making this a requirement.

One suggestion is that such a law could require nursing homes to notify coroners when a resident has died. The coroner would then have to investigate the cause of death, as well as determine whether nursing home abuse or neglect was a factor.

In Morgan County Coroner Jeff Lair makes it a point to investigate all deaths that occur in nursing homes. For example, he was able to determine that 87-year-old Bernice Mulch, who lived her last three years at Sky View Terrace nursing home until she died in 2001, may have been the victim of nursing home neglect due to the nursing staff’s failure to give her regularly prescribed antibiotics to treat an arm infection. Mulch’s friend John Whalen, who was legally in charge of her care and visited her at the Illinois nursing home every week, said he never noticed any signs indicating that nursing home workers were neglecting the elderly resident.

Out of 3,669 Illinois nursing home deaths that occurred between July 1, 2007 and June 30, 2008, coroners reported eight suspicious nursing home deaths in which state investigators were only able to confirm nursing care issues.

The Illinois Department of Public Health conducted a yearlong pilot project involving coroners from the following counties: Champaign, Kane, Lake, Lee, McHenry, Effingham, Kankakee, LaSalle, Mclean, and Morgan. The program encouraged coroners to investigate whether nursing home abuse or neglect was a factor in any nursing home resident’s death. While coroners reported 14 suspicious deaths, the state of Illinois was not able to verify every case. Lair says that it is not a time consuming task for an Illinois coroner to investigate each nursing home resident death.

In Cook County and many other Illinois counties, medical examiners and coroners don’t have to investigate a nursing home resident’s death unless criminal activity is suspected or the deceased’s family calls for an investigation.

Boone says nearly all nursing home deaths probed, SJ-R.com, December 7, 2008

Not all nursing home deaths receive scrutiny, SJ-R.com, December 7, 2008

Related Web Resource:

Nursing Homes in Illinois, Illinois Department of Public Health

Nursing Home Abuse and Neglect

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December 9, 2008

Two Illinois Nursing Home Neglect Lawsuits Allege Nursing Home Care Act Violations

On November 26, attorney-in-facts for two nursing home residents filed separate Illinois nursing home neglect lawsuits against two care residences. The lawsuits, which accuse both care facilities of violating the Nursing Home Care Act, were filed in St. Clair County Circuit Court.

One nursing home neglect lawsuit claims that Margaret Krieg was injured on March 3 and June 7 at New Athens Nursing Home for the Aged. The complaint says she fractured her legs and dislocated one of her shoulders because she was neglected.

As a result of her alleged nursing home neglect-related injuries, Margaret reportedly became more disabled and debilitated and can no longer take part in ordinary activities or enjoy the same quality of life. Her injuries have also resulted in significant medical costs, serious mental anguish, and pain.

Margaret’s attorney-in-fact says the New Athens nursing home violated The Nursing Home Care Act in multiple ways, including failing to note whether Margaret was getting the proper supervision and failing to properly monitor her medical care. The Illinois nursing home neglect lawsuit seeks over $50,000 plus legal expenses and costs.

The second nursing home abuse lawsuit contends that SW Management Company was negligent for allegedly failing to provide Katherine Nash, a resident at Virgil Calvert Nursing and Rehabilitation Center, with the proper care. Katherine's attorney-in-fact also accuses the nursing home company of failing to:

• Provide Katherine with the proper care.
• Properly supervise workers.
• Terminate any careless or incompetent employees at the East St. Louis, Illinois nursing home.
• Remedy problems at the nursing home.
• Fulfill its legal obligations.

The lawsuit claims that Katherine developed decubitus ulcers as a result of the alleged neglect. Katherine’s attorney-in-fact is seeking over $150,000 plus legal expenses and costs.

New Athens nursing home sued over resident's injuries, The Madison/St. Clair Record, December 2, 2008

Virgil Calvert nursing home sued on resident's behalf, The Madison/St. Clair Record, December 3, 2008


Related Web Resource:

Nursing Home Care Act, Illinois General Assembly

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December 4, 2008

Teen Nursing Assistants Reportedly Laughed While Physically and Sexually Abusing Nursing Home Residents

Six teenagers working as nursing assistants at a nursing home have been charged with abusing elderly residents suffering from dementia and Alzheimer’s disease. The names of four of the teens are being kept confidential, because they were minors when the alleged nursing home abuse incidents occurred and are charged as juveniles. They face criminal charges of failing to report the nursing home abuse incidents. One of the teens says the aides would get together at school or at work to joke about the alleged elderly abuse.

The two other teenagers, 18-year-old Ashton Larson and 19-year-old Brianna Broitzman, are charged as adults. Larson and Broitzman are charged with the gross misdemeanor crimes of abuse of a vulnerable adult with sexual conduct, abuse of a vulnerable adult by a caregiver, assault, failing to report suspected maltreatment, and disorderly conduct.

While eight teen nursing aides in total were allegedly involved in the nursing home abuse incidents, no charges have been filed against two of them. All of the teen nursing assistants worked for the Good Samaritan Society.

The criminal complaint reports that the teens laughed while groping residents' breasts, spitting in their mouths, and harassing them until they screamed. During one alleged incident, Broitzman is accused of putting her “bare butt” in a resident’s face. In other incidents, Larson allegedly spit water at a resident, put her finger into another resident’s rectum, and roughly bathe another resident so he would become aroused.

A report released by the state’s health department found that 15 residents suffering from dementia disorders were the victims of nursing home abuse at the home between January 1 and May 1, 2008.

Nursing homes are responsible for making sure that the nurses, doctors, aides, and other staffers they are hire are qualified and properly trained to work with and take care of residents. They must also make sure that nursing home employees are properly supervised while ensuring that residents do not become the victims of nursing home abuse or neglect.

6 teens charged in Albert Lea nursing home abuse, KARE.com, December 2, 2008

Teens Charged In Nursing Home Abuse, The Smoking Gun, December 2, 2008


Related Web Resource:

Read Portions of the Criminal Complaint, The Smoking Gun

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December 2, 2008

Resident Who Wandered Away From Illinois Nursing Home is Found Living in Grain Bin

Canton police say that a 44-year-old woman who has been missing from an Illinois nursing home has been found. Jamie Howard was discovered on Monday after she left the grain bin she was living in and went to a nearby home for shelter from the cold weather.

Fulton County Emergency Medical Association paramedics took her to Graham hospital where she received treatment for dehydration. Howard's toes were also reportedly a little frostbitten. Howard has been missing from the Sunset Rehabilitation and Health Care Center since September. She was released from the hospital yesterday and is now staying with her sister.

During her disappearance, Howard lost a significant amount of weight and was off her medication. She has cancer, schizophrenia, and is bipolar. Police had been looking everywhere for her but suspended their search when the weather became too cold.

This is not the first time Jamie Howard has gone missing. She disappeared for three weeks last year and was found in a wooded area.

It is the responsibility of Illinois nursing homes to prevent residents from wandering off the premise and/or disappearing. They must also be kept from areas of the residence that they shouldn’t enter, such as a maintenance room or the rooms of other residents.

A nursing home resident may not be able to properly take care of him or herself without help—especially if the resident wanders off the nursing home premise. The resident may suffer from dehydration, starvation, or frostbite, get struck by a car, or become the victim of a violent crime.

Extra steps must be taken to prevent a nursing home resident with a history of “wandering” from leaving the premise. Failure to monitor such a resident so that he or she does not get lost or disappear may be grounds for an Illinois nursing home neglect lawsuit.

Missing central woman found living in grain bin, Chicago Tribune, December 2, 2008

Missing Canton women is found alive; survives in silo, Canton Daily Ledger, December 2, 2008


Related Web Resource:

Petersen Health Care

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November 26, 2008

Thanksgiving Visits At Illinois Nursing Homes Can Be A Time To Make Sure That Your Loved One is Getting the Proper Care

The holiday season is a great time to visit your elderly or sick loved one at an Illinois nursing home. Not only will your family get to spend quality time together, but the visit also gives you an opportunity to check on your loved one and make sure that he or she is getting the proper care and attention and is not the victim of nursing home abuse or neglect.

What to Watch Out for During Your Nursing Home Visit:

• Check your loved one’s skin of bruises, unexplained irritations, or bedsores.
• Notice whether he or she is properly groomed. Dirty clothing, ingrown nails, messy hair, or body odor can be signs that that the nursing home workers are neglecting your loved one’s personal hygiene.
• Ask yourself if your loved one has lost weight or doesn’t seem interested in eating.
• Check your loved one’s personal belonging to make sure nothing has been stolen.
• Look at how efficient (or not) nursing home workers are at responding to calls or maintaining your loved one’s care schedule.

If possible, talk to your loved one. Find out about the quality of care he or she is receiving. Inquire if your loved one feels happy, safe, and secure at the nursing home. Ask if anyone is hurting your loved one or if he or she is afraid of anyone at the nursing home.

It is also a good idea to talk to the nursing home supervisor and/or other workers to get an update about your loved one’s care and condition. This will let them know that you have “got your loved one’s back,” are monitoring his or her care and condition, and you will not tolerate any abuse. It also gives you an opportunity to discuss any complaints or grievances your loved one might have and make sure that any problems are remedied.

If you believe that your loved one is a victim of nursing home abuse or neglect, you should take steps to remove your loved one from the Illinois care facility as soon as possible.

Related Web Resource:

Illinois Nursing Homes

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November 25, 2008

Nursing Home Abuse and Neglect Lawsuit Against Petersen Health Care of Illinois Claims Former Resident Was Wrongfully Discharged

A former nursing home resident who says he was wrongfully discharged from the residence and left in an unfurnished apartment with a four-day supply of medications and just $30 is suing parent company Petersen Health Care of Illinois. Harold Edwards is accusing the now-closed Meadowlawn Health Care Center of nursing home negligence, recklessness, dependent adult abuse, breach of contract, and taking inappropriate actions when he complained about the quality of care its workers were giving him.

The former resident also claims the nursing home was not properly staffed, did not properly administer medicines, and caused him emotional trauma when he saw other residents being harmed. This is the second nursing home neglect lawsuit filed against Meadowlawn. The nursing home closed last year after the US government revoked its Medicaid and Medicare funds and steps were taken to revoke its license.

In Trina Curtis’s lawsuit against Peterson Health Care, she accused Meadowlawn workers of failing to properly care for her mother’s wounds. Because her mother did not get the proper medical attention, Curtis says Janet Martin developed “uncontrolled” issues, such as dehydration, improper diet, and life-threatening medical complications.

Curtis also claims the elderly resident became completely disabled, experienced pain and suffering, and lost the ability to have a normal life. Martin's resulting health complications required that she undergo extensive medical treatments. She died in 2006, three weeks after she left Meadowlawn and was transferred to Muscatine Care Center.

In the last two years, Meadowlawn has been fined a number of times for improper nursing home care. The nursing home received its final fine after it made nursing home residents move out without giving them much option or notice.

Former resident sues now-closed nursing home, Quad-City Times, November 23, 2008

Shuttered nursing home sued for malpractice, Quad-City Times, November 30, 2007


Related Web Resource:

Petersen Health Care of Illinois, Manta.com

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November 24, 2008

Streamwood Nursing Home is Defendant in Illinois Wrongful Death Lawsuit

In Cook County Circuit Court, the daughter of an elderly woman who died after being attacked while staying at an Illinois nursing home is suing Lexington Health Care Center of Streamwood and nursing home resident Vonda Messino for her wrongful death. The lawsuit accuses Messino of attacking Mary Ann Flynn at the nursing home on November 24, 2006, while contending that the assault incident either contributed to or caused Flynn’s death.

Flynn sustained bruises in the attack and suffered a stroke before dying. She was a resident at the Illinois nursing home because she was suffering from hypertension, dementia, and chronic obstructive pulmonary disorder.

According to the Illinois wrongful death lawsuit, Messino had threatened Flynn with violence on several occasions. The threats were made in front of nursing home staffers who were aware that Messino possessed an inclination for violence.

Flynn’s daughter is accusing nursing home workers of nursing home negligence. Her lawsuit cites their alleged failure to protect Flynn from neglect and abuse, failure to notify Flynn’s family in a timely manner about the attack, failure to let them know that her condition had changed, and failure to hire nurses who had the proper training to supervise residents so that they wouldn’t attack other residents. The lawsuit also claims that properly trained nurses would have known to transfer Flynn to a medical hospital for her protection.

In addition to claiming battery, Flynn’s daughter is seeking over $250,000 plus interest and costs.

Nursing Home Residents Attacking Other Residents
Illinois nursing home staffers are supposed to protect residents from assaults—whether by staffers, other residents, or others. A 2004 article on Findarticles.com about the health care industry says data gathered by the Centers for Medicare & Medicaid Services reports that some 80,000 US nursing home residents exhibited aggressive behavior the week before they were assessed with the Minimum Data Set.

A resident at a nursing home who exhibits violent tendencies can pose both a physical and psychological threat to other residents. Nursing homes can be held liable for premises liability, personal injury, or wrongful death if the residential care facility fails to take the proper measures to protect residents and others on the premise from becoming the victims of violent crimes.

Streamwood nursing home death sparks lawsuit, The Courier News, November 22, 2008

When residents attack residents, FindArticles.com, August 2004


Related Web Resources:

Lexington Health Care Center of Streamwood

Nursing Homes in Illinois, Illinois Department of Public Health

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November 21, 2008

Forest Park, Illinois Nursing Home Operator Pleads Guilty to Felony Gross Neglect in Patient’s Death

The Illinois company that previously owned The Pavilion of Forest Park has pleaded guilty to the felony gross neglect of a Long Term Care Facility Resident, which is a Class 4 felony conviction. Forest Park, LLC was the owner of the nursing home when 48-year-old Shirley Massey was a resident there from May 2002 until her death four months later.

In September 2005, a Cook County grand jury indicted the nursing home operator and Dr. Jason Garti, the homes former medical director and wound care physician, with the gross neglect of Shirley Massey. Following Forest Park LLC’s guilty plea, a Cook County Circuit Court judge ordered the company to pay $75,000 for prosecution and investigation expenses, as well as a $25,000 fine. Judge James Schreier also sentenced the company to 30 months conditional discharge.

Illinois Attorney General Lisa Madigan vowed to continue filing criminal charges against any nursing home companies that are guilty of nursing home neglect or abuse. The charges against Forest Park, LLC stem from an investigation into the circumstances surrounding Massey’s death. According to Court testimony, the 48-year-old woman was taken to the Loyola Hospital emergency room when bedsores were discovered on her body. There was also tissue damage to her bones. Hospital workers said this was the worst case of decibitus ulcers they had ever dealt with.

By pleading guilty to gross neglect, the Illinois nursing operator was acknowledging responsibility when Dr. Garti failed to provide Massey with standard care because he did not properly examine her and come up with a plan to take care of her condition.

Bedsores
Bedsores commonly affects nursing home residents, many of whom are forced to lie in bed for long periods of time because of their deteriorating condition or poor health. With the proper care, bedsores are preventable.

Guilty plea in nursing home neglect case, Chicago Breaking News, November 17, 2008

Former Nursing Home Operator Guilty of Neglect, Illinois Attorney General


Related Web Resources:

Bedsores, Health A to Z

Pressure ulcers, Nursing Home Abuse and Neglect

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November 20, 2008

Whispering Pines Nursing Home Cited for 28 Violations Related to Negligent Patient Care

A US nursing home continues to come under fire following a 370-page report released earlier this month citing the care center with committing 28 violations. The Health Department’s probe into to patient care at the Whispering Pines Nursing Center began a few months ago after family members of one female resident complained that there were massive bruises on her face, neck and chest.

Carol Crow has Alzheimer’s disease. Her family maintains that she was clearly the victim of an assault crime, and her husband Jack says that she told him that a man knocked her over and beat her until she became unconscious. Nursing home workers, however, denied that any abuse or assault occurred. They said that she likely sustained her injuries during a fall accident. The nursing home has been cited for failing to fully investigate the abuse accusations in Crow’s case.

The care facility also received a citation for failing to provide an HIV-positive patient who is sexually active with condoms. Also in the report, one nursing home resident is noted for complaining that another resident assaulted him on a daily basis. The patient eventually broke his hip and femur before dying a month later. Whispering Pines had been given until November 28th to correct every violation.

Nursing Home Abuse ad Neglect
Not only are nursing home workers supposed to provide residents with the proper care and medical attention, but they are also supposed to make sure that patients do not become the victims of nursing home abuse or neglect or are placed in a situation that could endanger their lives. Endangering a patient's life either through nursing home neglect, abuse, inadequate security, or another cause can be grounds for a nursing home abuse or neglect lawsuit.

Norman nursing home cited in report, NewsOK, November 19, 2008

Investigation finds nursing home deficiencies, Norman Transcript, November 19, 2008

Related Web Resources:

Family faults Norman nursing home, The Oklahoma Daily, September 26, 2008

Nursing Homes, A Perfect Cause

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November 18, 2008

Illinois Nursing Home Negligence Lawsuit Filed After Resident Dies of Renal Failure and Sepsis Caused by Dehydration

The widow of a man who died of sepsis and renal failure as a result of dehydration is suing an East Moline nursing home for negligence leading to his death. Charles Mead died at age 79 in May 2007. He was a resident at Parkview Terrace.

He moved into the East Moline nursing home on May 14, 2007 after undergoing a medical procedure. Following his admission to the nursing residence, workers determined he was at risk for dehydration. It became the responsibility of staffers to monitor Charles’s fluid and food intake.

One week after he was admitted to the home, a nursing home worker noticed that the 79-year-old resident had medications running out of his mouth and that he appeared lethargic and nonresponsive. The staffer made a note to continue observing him.

Mary, who came to visit him that same morning, noted the same symptoms. It was then that a staffer called an ambulance so Charles could be taken to the emergency room.

According to Mary, the ER doctor told her that Charles’s dehydration was the worst case he had ever witnessed. Charles died 36 hours after being admitted to the hospital.

Following an investigation, the Illinois Department of Public Health found that Parkview Terrace workers neglected to record how much food and fluids Mead was taking each day, even though his care plan required that they monitor his meals. Two doctors that were interviewed about Charles’s case said that the elderly resident appeared to have become dehydrated over a period of several of days before he was taken to the hospital.

Dehydration
Dehydration occurs when a person loses more fluids than he or she takes into the body. The human body is made up of 2/3rds water. A person who is dehydrated does not have enough water left in the body for normal function.

While mild cases of dehydration are easily remedied and/or often go unnoticed, dehydration—especially for the sick or the elderly—can lead to broken bones, low blood pressure, lethargy, tooth decay, other illnesses and complications, and even death. Nursing home negligence or abuse, inadequate staffing, and inadequate training are common problems that can cause a resident to suffer from dehydration.

East Moline nursing home sued for negligence, Quad-City Times, November 13, 2008

Malnutrition And Dehydration Plague Nursing Home Residents, The Commonwealth Fund, June 7, 2000


Related Web Resources:

Dehydration, Medicine.net

Parkview Terrace, Nursing Home Abuse and Neglect Report, Nursing Home Ratings.com

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November 14, 2008

Nursing Homes Can Take Steps to Prevent Fall Accidents

While seniors, age 65 and over, are considered more susceptible to serious injuries during fall accidents than their younger counterparts, many experts and medical professionals now see falls as accidents that can be prevented.

The Centers for Disease Control and Prevention say 1.8 million Americans older than 65 are injured in fall accidents every year. While some elderly people easily recover from these falls, for others, the fall accident can be the beginning of a series of emotional problems and physical health issues, such as depression, a feeling of isolation, loss of confidence, infection, pneumonia, and muscle loss.

Older people may take a longer time to recover from broken bones and fractured hips. According to the CDC, 1 out of ever 4 patients older than age 65 dies within a year of undergoing hip surgery. A weakened immune system, adverse reactions to taking multiple medications, and other ongoing health conditions, such as diabetes, heart disease, or urinary incontinence, can lead to further complications.

In 2005, 433,000 seniors were treated in hospitals following fall accidents, while 15,800 seniors died because they were injured in fall accidents.

Falls in Nursing Homes
The CDC says that 1,800 elderly adults residing in nursing homes die every year in fall accidents, and the average nursing home (100 beds) reports 100 – 200 fall accidents annually.

Steps Nursing Homes Can Take to Prevent Fall Accidents:

• Create an environment where it is easy for residents to move around without falling. Modifications might included raised toilets, handrails in hallways, and lowered beds.
• Review a patient's list of medications to see whether the benefits outweigh the risks. Some medications can cause dizziness.
• Provide patients with hip pads to reduce the impact of a fall accident.
• Installing alarms to warn nurses when patients fall.

Nursing home negligence can be a contributing cause of fall accidents.

Once Just an Aging Sign, Falls Merit Complex Care, New York Times, November 7, 2008

Falls in Nursing Homes, CDC

Related Web Resources:

A Home Fall Prevention Checklist for Older Adults, CDC (PDF)

Preventing slip and fall accidents in nursing homes and long-term care facilities

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November 10, 2008

Lake County Pays Family $1 Million for Nursing Home Negligence

Lake County has finalized its $1 million settlement to the family of an 83-year-old Alzheimer’s patient who was the victim of nursing home negligence. Helen Menneke, 83, died in 2005 while living at the Winchester House nursing home in Libertyville.

Menneke, who was suffering from dementia, was admitted to the Illinois nursing home in January 2004. She was already having problems walking steadily at this time.

Her family’s nursing home negligence lawyer contends that not only did the home fail to conduct a full fall assessment on Menneke, but also, no steps were taken during the first eight months of her stay to prevent fall accidents even though the 83-year-old fell six times.

It wasn’t until September 2004 that nurses installed bed alarms to let them know when Menneke was not in her bed. Despite stricter precautions, however, Menneke fell another two times, fracturing her elbow and arm and sustaining a brain injury.

Fall Accidents
Fall accidents are the number one cause of injuries that can land seniors (over age 65) in the emergency room. The older a person becomes, the greater their chances are of sustaining a serious injury during a fall accident.

• 70% of accidental deaths involving victims 75 years of age and older are caused by fall accidents.
• 90% of hip fractures occur during falls.
• Every year, 60% of residents in nursing homes are involved in fall accidents.

Winchester House has now put in place stricter polices for monitoring nursing home residents who are prone to fall accidents. While Lake County reached a settlement agreement with Menneke's family a few months ago, the payments were not finalized until last week.

If your loved one got hurt in a fall accident at a nursing home because he or she was being neglected by nurses or other staff workers, you can take steps to hold the nursing home and its employees liable.

County pays family $1M in negligence case, Lake County News-Sun, November 7, 2008

$1 million settlement in Libertyville nursing home case, Daily Herald, November 6, 2008

Falls in the Elderly, American Family Physician


Related Web Resources:

What Causes Falls in the Elderly?, AAFP.org

Winchester House

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November 7, 2008

Illinois Nursing Home Improves Patient Care and is Removed from Federal Watch List of Substandard Care Facilities

Federal and Illinois litigators have removed a Forest Park nursing home off a Federal Watch List of the worst residential care facilities in the United States. The decision to remove Berkshire Nursing and Rehab from the list of over 100 substandard care facilities comes after a series of inspections showed improvement in resident care at the home.

The list, which is put together by the Centers for Medicare and Medicaid Services, tries to identify long-term care facilities that have an inconsistent history of compliance. In order to “qualify” for “special focus facility” status, a facility must show a history of serious problems, such as nursing home abuse or neglect, over at least a three-year period. A nursing home that is placed on the list will be subject to more inspections. If problems continue to arise, enforcement efforts become more rigorous.

The Berkshire Nursing and Rehab, located on Roosevelt Road, was on the list for as a “special focus facility” for 39 months. Prior to coming under new ownership, the nursing home was called the Pavilion of Forest Park. The home’s current lead administrator and co-owner, David Berkowitz, says patient care improved after he turned over many staff posts, hired several new department heads, and implemented new training methods.

According to the Centers for Medical and Medicaid Services, nursing homes that are no longer listed as “special focus facilities” will have exhibited a significant improvement for about a year. However, the organization is quick to caution that just because a facility is no longer on this list does not mean that all issues have been resolved.

Unfortunately nursing home abuse and neglect continues to be a problem in many US nursing homes. Many times, victims of nursing home abuse and neglect are too frail or sick to report that they are being mistreated or not getting the proper care that they need.

Berkshire Nursing removed from federal watch list, Forest Park Review, November 4, 2008

Lawsuit is first for nursing home's new management, Forest Park Review, May 27, 2008

Related Web Resources:
Centers for Medicare and Medicaid Services

Nursing Homes in Illinois

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November 6, 2008

Chicago Nursing Home Abuse Lawsuit Alleges that Inadequate Care Led to Resident’s Death

The daughters of a man who died last year after being diagnosed with malnourishment, a urinary tract infection, and advance-stage bedsores are suing the Chicago nursing home where he resided for nursing home neglect. Stanley “Ted” Dancy was admitted to Washington Heights Nursing Home after doctors recommended that he undergo rehabilitation for an illness. Just one month after being admitted to the home, he was take to Mt. Sinai Hospital where his pressure sores and other symptoms were identified and treated. He was then admitted to a different nursing home.

According to Charlotte Parnell, one of Dancy’s daughters, her father’s condition was so far gone after he left the hospital that he was never able to recover. Dancy died on December 12, 2007.

In their Illinois nursing home abuse lawsuit, Parnell and her sister Delorise Darcy-Johnson are accusing the Chicago nursing home of contributing to their father’s death. They claim that the negligent care that Dancy received at the home led to the injuries he sustained leading up to his death.

Pressure Sores
Also known as bedsores, pressure sores occur to a particular part of the body that has experienced prolonged pressure and poor circulation, causing tissue and skin to break down. The skin initially turns red and is irritated until open sores develop. A pressure sore can lead to the destruction of bone and muscle.

There are four stages used to diagnose and treat pressure sores:

Stage 1: The skin remains red even after the pressure has been alleviated.
Stage 2: Layers of skin are gone. The pressure sore looks like an abrasion or blister.
Stage 3: No more skin remains on the sore and tissue is exposed.
Stage 4: Skin and tissue loss leads to exposure of muscle and bone.

Nursing home residents who are the victims of neglect have been known to suffer from malnutrition or sustain bedsores and UTI’s. If you suspect that your loved one is a victim of nursing home neglect, it is important that you take immediate steps to remove him or her from the Illinois residential care facility.

Sisters sue nursing home over death of father, The Daily Journal, November 6, 2008

Pressure Sores, Medline Plus

Related Web Resource:

Washington Heights Nursing and Rehabilitation Center

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November 3, 2008

Hidden Camera Leads to More Arrests for Nursing Home Neglect

Another four workers at the Medford Multicare Center for Living were charged with falsifying records and mistreating patients. These are the latest nursing home neglect-related arrests since the New York Attorney General’s Office began using surveillance cameras in nursing homes throughout the state to monitor for incidents of nursing home abuse and neglect.

The workers are licensed nurses Janet Coleman and Kim Purdum and certified nursing aides Marie Pierre and Paulette George. At their arraignment, all four nursing home workers pleaded not guilty.

Video surveillance footage shows Coleman failing to treat a resident’s ears for chafing and failing to clean his gastronomy tube. Pierre is seen failing to turn the same patient every two hours or change his underwear.

George is accused of only giving a resident baths in beds but failing to give him showers. Purdum did not follow doctor orders to give another resident daily blood tests to monitor doses of Coumadin. The patient began bleeding internally and was transported to a hospital.

These are not the first arrests in connection with the Medford Multicare Center for Living based on surveillance footage. Earlier this month, licensed nurses Rima Chaudhry and Toni Miller and certified nursing assistants Betty Cheslak and Jacqueline Francis faced similar charges for incidents involving neglect and the falsifying of medical records to conceal the neglect.

Nursing Home Neglect
Neglect of a nursing home resident can lead to serious injuries. Failure to regularly turn a patient can result in bedsores, while neglecting to administer tests can seriously compromise a patient’s health. Patients have also been known to break a hip or another body part because the proper safety measures were not used to transfer a patient from his or her bed to a wheelchair.

4 workers at Medford nursing home charged with mistreating patients, Newsday.com, October 31, 2008

Four Caught On Tape In Nursing Home Neglect, North County Gazette, October 7, 2008

Nursing Homes in Illinois

Nursing Home Guide

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October 30, 2008

Lawsuit Accuses Extendicare of Providing Nursing Home Residents with Substandard Care

Long-term nursing company Extendicare and 10 of its nursing homes have been named as defendants in a class action lawsuit. The lawsuit was filed on behalf of a woman named Laura Bernstein and all residents that lived in an Extendicare home in Minnesota between October 29, 2002 and October 29, 2008.

The complaint accuses Extendicare of engaging in consumer fraud with its use of false or misleading advertising to convince sick and elderly persons that they would receive the care that they needed at an Extendicare nursing home. The plaintiffs’ attorney alleges that Extendicare is guilty not only of misrepresenting itself to potential residents, but of cheating its current residents. The lawsuit points out that Extendicare uses promotional materials which claim that its nursing homes provide experienced, quality nursing care when, in fact, the company’s homes have been cited for breaking nursing home regulations, violating resident rights, and providing substandard care.

The lawsuit cites Extendicare’s “24/7 Extendicare Admission Policy” and “Green Flag Policy” as examples of how the company prioritizes profits before people. The complaint claims that the admission policies give preference to anyone that has a serious medical condition regardless of whether or not the nursing home can meet the sick person’s needs in addition to the needs of current residents.

The lawsuit also contends that Extendicare’s admissions contract, which residents have to sign before they can be admitted into a nursing home, violates state law. By signing the contract, the resident is agreeing that Extendicare’s liability will be limited in the event that loss of personal property or personal injuries arises. Minnesota law makes it illegal to include such a waiver in a nursing home admission contract.

Extendicare nursing homes in other states have also been cited for violations. 20 of its 26 nursing facilities in Wisconsin have been cited for serious care violations in the last three years. Extendicare also settled a wrongful death case involving a resident for $2.3 million. The nursing home company has been slapped with another class action lawsuit in Washington.

If you believe that your loved one is a victim of nursing home abuse or neglect, it is important that you take steps to remove the resident from the Illinois nursing home immediately.

10 Minnesota Nursing Homes Named in Class Action Lawsuit Against Extendicare, Marketwatch, October 30, 2008

Extendicare REIT Acknowledges Washington Class Action Lawsuit, Biz.Yahoo.com, August 22, 2008


Related Web Resource:

Extendicare

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October 28, 2008

Child Welfare Authorities Investigate Whether Nursing Home Neglect Was Cause of 12-Year-Old Resident’s Burn Injuries

A nursing home that cares for adult and child residents has agreed to place a “monitor” at its children’s nursing station following allegations that a 12-year-old disabled foster child sustained burn injuries because she was the victim of nursing home negligence. Workers at the nursing home deny hurting the girl.

The girl has cerebral palsy. While Department of Children & Families administrator Alan Abramowitz has said that the child was a victim of neglect at the Florida Club Care Center, an investigator for the Agency for Health Care Administration says that she found no evidence showing that the girl had burns.

Dr. Michael Strong, a pediatrician with the Child Protection Team, has criticized the investigator for her “lack of due diligence” when investigating the incident. He believes that the girl got burned because she was neglected.

The team reportedly examined the girl and verified that her thigh and hand had second-degree burns. Strong expressed worry that other residents could be in danger unless action was taken to prevent further negligence. Police are investigating the case.

This is not the first time that the Florida Club Care Center has come under fire for alleged abuse or neglect. There have been eight previous reports of nursing home neglect or abuse involving young residents. None of these reports were ever verified. However, allegations included physical injury, inadequate supervision, and failure to provide medical care.

The home has been reported 66 times for alleged nursing home negligence or abuse of adults. Only four allegations could be confirmed. Investigations into other allegations found some signs of neglect or abuse, but there was not enough evidence to confirm that the incidents happened.

Recently, however, the Florida Club Care Center which houses 35 special needs children, has received high ratings for quality of life and care.

Three agencies probe child's burns, MIami Herald, October 3, 2008

Second-Degree Burns, Penn State


Related Web Resource:

Nursing Homes for Kids, ABC News

Continue reading "Child Welfare Authorities Investigate Whether Nursing Home Neglect Was Cause of 12-Year-Old Resident’s Burn Injuries" »

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October 24, 2008

Choosing An Illinois Nursing Home for Your Loved One

The decision to place your elderly or sick loved one in the care of a nursing home is one that can be fraught with anxiety, as well as relief that the person you care about is going to get the proper care that he or she needs. The city of Chicago and the other cities of Illinois have many nursing homes for you to choose from. However, not every nursing home will be the right fit for your family member.

Here are a number of suggestions to consider when evaluating nursing homes (AARP Magazine):

• Visit the nursing home and tour the facilities.
• You may even want to visit the home unannounced.
• Check to see if the rooms and bathrooms are clean.
• Make sure that there is sufficient hot water, which is a common complaint about nursing homes.
• Ask for a copy of the staff schedule to find out when shift changes occur and how many nurses are working during each shift.
• Watch the interactions between nurses and residents—do you see nurses dressing residents or walking them to the bathroom? Are restraints a common device used at the home?
• Evaluate the nursing home kitchen for cleanliness.
• Inquire whether the home has a licensed dietician.
• Ask about the accessibility of drinking water.
• Check the refrigerator to view the quality of food.
• Obtain the facility’s latest state inspection survey records to find out if the home has any recent violations.
• Inquire about communications between nursing home staffers and family members.
• If there is a support group for family members, ask to sit in.

Unfortunately, nursing home abuse and neglect are common problems in many Illinois facilities. It is not your fault if your loved one becomes a victim of nursing home abuse or neglect, but carefully evaluating a nursing home before having the facility admit your loved one can be an important step toward protecting him or her from living in an environment where abuse or neglect is likely.

If you believe that your loved one is a victim of nursing home abuse or neglect, it is important that you take steps to remove your relative from the facility right away.

Related Web Resources:

Choosing a Nursing Home, AARP

Nursing Homes in Illinois

Continue reading "Choosing An Illinois Nursing Home for Your Loved One " »

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October 22, 2008

Mentally and Physically Disabled Woman that Walked Away from Assisted Living Facility is found in Chicago, Illinois

A woman who went missing after she walked off the premises of an assisted living facility in Missouri on Saturday was found in Illinois. Lori Rose, a 47-year-old mentally and physically disabled woman, reportedly approached police in Chicago on Monday afternoon and told them she needed to go to a shelter.

Rose left Maple Crest Manor on Saturday morning to go for a walk. The assisted living facility lets clients leave and return to the premise as long as they sign off and indicate when they will return. When a couple of hours had passed and Rose still hadn’t returned, a worker at the assisted living facility contacted Scott County Public Administrator Pam Dirnberger, who is also Rose’s legal guardian, before contacting local police.

Staffers at the home said they weren’t worried at first because Rose often takes long walks. They hadn’t, however, anticipated that she would board a bus to Chicago. Dirnberger says she chose to notify the public that Rose was missing because the woman’s mental faculties are similar to that of a “7- or 8-year old.”

After Chicago police found Rose’s name on the national database of endangered and missing persons, they contacted Cape Girardeau authorities. By Monday evening, Rose was on a bus back to Missouri. Dirnberger says that she believes that no negligence was involved.

Nursing Home Negligence
Workers at assisted living facilities, nursing homes, and other residential care properties are supposed to implement the proper measures and procedures to make sure that residents—especially those that require special supervision—do not wander off or disappear. While wandering off a property may seem like a minor incident, a resident who is mentally disabled, disoriented, has dementia or Alzheimer’s, or is under heavy medication could get seriously injured or die if an unfortunate accident were to happen outside the care facility.

If someone you love was injured or killed after walking away from a nursing home because workers failed to properly supervise him or her, left an exit door unlocked, or did not follow proper procedures, your loved one may be entitled to nursing home negligence compensation.

Woman missing from assisted living facility found in Chicago, SouthEast Missourian, October 21, 2008

Disabled southeast Mo. woman found in Chicago, BND.com, October 21, 2008


Related Web Resource:

Maple Crest Manor

Continue reading "Mentally and Physically Disabled Woman that Walked Away from Assisted Living Facility is found in Chicago, Illinois" »

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October 16, 2008

Two Nursing Home Assistants Face Negligence Charges After Elderly Patient Falls and Sleeps on Floor Covered in Vomit and Urine

Two certified nursing home assistants are each facing a misdemeanor charge of negligence related to an incident at assisted living facility The Retreat at Palisade, where an elderly woman fell from her chair and slept for hours on the floor covered in her vomit and urine. Nursing home assistants Melinda Meyer, 24, and Robin Martinez, 31, received their summonses after the resident’s daughter reported the incident to police. Fortunately, the elderly woman suffered no physical injuries.

Staff members at the facility are supposed to check on each resident every two hours between 6pm and 6am. Police, however, say that the woman was last seen sitting on a chair at around midnight—a situation not uncommon for the elderly patient. She was discovered on the floor the following morning during the shift change.

The nursing home’s director, Chris Murillo, says he fired the two women right away and reported the incident to local human services and law enforcement authorities. The facility says it has a “zero-tolerance” policy for the kind of “complacency” the two nursing assistants exhibited.

Nursing home neglect can lead to serious emotional and physical injuries. Examples of nursing home negligence include:

• Failure to take the proper measures to prevent fall accidents.
• Failure to make sure that a patient is properly hydrated and/or receiving the proper nutrition.
• Failure to check on patients regularly.
• Failure to respond to resident calls in a timely manner.
• Failure to take residents that require help to the toilet.
• Allowing a patient to wear soiled clothing or sleep in soiled bedding.
• Failure to make sure that a resident doesn’t wander off without supervision.
• Inadequate security.
• Failure to give a resident the required medical care in a timely manner.
• Failure to properly supervise.

Former care home workers accused of neglect, GJSentinel.com, October 14, 2008

Related Web Resources:

Nursing Homes in Illinois, Illinois Department of Public Health

Continue reading "Two Nursing Home Assistants Face Negligence Charges After Elderly Patient Falls and Sleeps on Floor Covered in Vomit and Urine" »

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October 14, 2008

Wood River, Illinois Nursing Home and Daughter of Former Resident Reach Wrongful Death Settlement in Madison County

In Madison County, Illinois, a wrongful death settlement has been reached between Wood River nursing home VIP Manor and the daughter of a woman that died at the home in 2004.

Alinda Rust had filed her wrongful death lawsuit against VIP Manor in Madison County Circuit Court in May 2006. Rust’s lawsuit alleges that her mother. Viola Baehler, died from malnutrition, dehydration, and sepsis four months after being admitted to the home. The suit also says that Baehler suffered physical pain, mental trauma, impairment, and disfigurement, and that she sustained medical expenses for these injuries prior to her death. The nursing home has denied all allegations.

The Illinois wrongful death settlement was reached between the two parties in mediation, which is now a mandatory step in Madison County for all medical malpractice cases, including those involving allegations of nursing home abuse or neglect. The Illinois Supreme Court approved the mandatory mediation rule last year.

If your elderly loved one has died in a nursing home and you suspect that the cause of death was nursing home abuse or neglect, you should speak with an Illinois wrongful death law firm that is experienced in dealing with nursing home abuse and neglect cases.

Unfortunately, nursing home abuse and neglect is an all-too common occurrence. A recent report issued by the inspector general of the Department of Health and Human Services found that over 90% of US nursing homes violated federal health and safety standards in 2008.

The report also found that 17% of nursing homes had deficiencies that could result in immediate jeopardy or harm to residents. Common problems at nursing homes included medication errors, bedsore infections, malnutrition, nursing home neglect, and nursing abuse.

Out of the 37,150 nursing home complaints that the department received last year, 39% of the complaints were substantiated and 1/5th of the complaints involved nursing home abuse or neglect.

Mandatory mediation rule helps avert wrongful death trial, Madison St. Clair Record, October 9, 2008

Violations Reported at 94% of Nursing Homes, New York Times, September 29, 2008
90 percent of nursing homes in violation, UPI, October 2, 2008


Related Web Resources:

US Department of Health and Human Services

Nursing Home Care Act, Illinois General Assembly

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October 9, 2008

Daughter of Illinois Man Who Broke Hip During Move From Wheelchair Sues Chicago Rehab Center for Wrongful Death

The daughter of a man who died at the Schwab Rehabilitation Center in Chicago is suing the facility for his wrongful death. The nursing home patient's health deteriorated after breaking his hip in a fall accident while being transferred onto a wheelchair. He died three months after being admitted to the home.

The Chicago wrongful death lawsuit, filed in Cook County Circuit Court on behalf of his daughter, alleges that negligent care by the rehab center led to the 67-year-old’s death.

The nursing home patient was admitted to the center in September 2007 after his leg was amputated. His doctors determined that he would need the help of two staff members and a mechanical lift during transfers because he was at risk for falls and accidents. The next day, a certified nursing assistant tried transferring him onto a wheelchair. The nurse did so alone and used a slide board instead of a lift. The nursing home resident fell, fracturing his left hip and femur.

He underwent surgery for his broken hip and femur at Mt. Sinai Hospital. The injuries, however, caused him to be immobilized and he developed a pressure ulcer on his sacrum, pneumonia, sepsis, and respiratory failure. He died in December 2007. Two months after his death, the Illinois Department of Public Health cited the facility for improper nursing care.

Nursing Home Falls
Fall accidents can lead to serious injuries, especially for elderly people. Unfortunately, fall accidents do occur at nursing homes and other care facilities. Falls at nursing and rehabilitation centers have included:

• Workers dropping patients while moving them to and from beds and wheelchairs
• Patients falling from beds
• Slip and fall accidents
• Trip and fall accidents

Lawsuit: Negligence at Rehab Center led to Death, WBBM, September 30, 2008


Related Web Resources:

Minimizing risk in the nursing home, Bnet

Schwab Rehabilitation Hospital

Illinois Department of Public Health

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October 7, 2008

Illinois “Angel of Death” Nursing Home Abuse Cases Leads to Two Wrongful Death Lawsuits

In Illinois, a judge refused to drop any of the criminal charges against the former supervisor of the Woodstock Residence nursing home. Penny Whitlock was indicted on seven charges—including two felony charges of obstructing justice and five counts of criminal neglect—related to several deaths that occurred at the McHenry County nursing home in 2006.

An investigation by the Illinois Department of Public Health found that Marty Himebaugh, one of the nurses at the home, may have purposely overdosed a number of patients with morphine. According to workers at the home, patients were given excessive doses of morphine because Himebaugh thought they had lived long enough or considered them too much trouble to take care of.

After Whitlock found out about the nurse’s behavior, she reportedly told the nurse she could be the home’s “Angel of Death.” The indictment against Whitlock also accuses the former supervisor of failing to report the first suspicious death (of Derek Magnus), which allegedly allowed for three more residents to die from morphine overdoses.

Whitlock has denied all the charges against her. Her attorney tried to get three of the criminal charges dropped against her on the grounds that Illinois law does not allow a defendant to be accused of neglecting someone because of neglect against someone else. Judge Joseph Condon, however, said the issue isn’t about whether the abuse of one resident led to the abuse of the other victims. Rather, the question is whether or not Whitlock failed to report the alleged nursing home abuse.

Himebaugh, who was indicted on six felony charges, has also pleaded not guilty.

Two Illinois wrongful death cases have already been filed related to morphine overdose deaths at Woodstock Residence. In the first nursing home abuse lawsuit, Vicki Lund is suing WHRC & RC Inc, Whitlock, Himebaugh, and Woodstock Residence Administrator Alissa Nataupsky for her mother Virginia Cole’s death due to alleged morphine overdose.

Sharon Hunt filed the second wrongful death case after her son John Sherman also died of an alleged morphine overdose while staying at the nursing home. Hunt is also suing Doctor Gurbax Saini, Seasons Hospice, and a registered nurse practitioner Kathy Gallias.

Woodstock Residence is now called the Crossroads Care Center of Woodstock and is under new ownership.

Court upholds charges against supervisor in 'Angel of Death' case, DailyHerald.com, September 29, 2008

Second wrongful-death suit filed in 'angel of death' case, Northwest Herald, October 6, 2008


Related Web Resources:

Illinois Department of Public Health

Nursing home gets new name, Northwest Herald, April 21, 2008

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September 26, 2008

Families of Nursing Home Residents Should Watch Out for Signs of Emotional Abuse

Nursing home abuse is a violent act that can lead to serious injuries or death for residents—especially those that are too sick or weak or afraid to fight back or report the incidents. Abusive acts may consist of physical abuse including beatings or sexual assault, as well as emotional abuse, mental abuse, or verbal abuse.


Examples of Emotional Nursing Home Abuse:

• Harassment
• Deprivation
• Threats
• Intimidation
• Degradation
• Manipulation


Emotional abuse may not leave physical signs, but there are symptoms that victims may exhibit that family members should watch out for:

• Depression
• Disorientation
• Anxiety
• Dementia
• Agitation
• Confusion
• Low Self-esteem
• Mood swings
• Insomnia
• Biting
• Rocking
• Sucking

Causes of nursing home abuse can include a home not having enough staffers, staff members that are not properly trained, and staffers with mental problems or histories of violence. A nursing home can be found negligent if its failure to supervise or hire the proper staffers led to a resident becoming the victim of abuse.

If your loved one is the victim of nursing home abuse, it is important that action is taken to remove him or her from the abusive environment. An experienced Chicago nursing home abuse lawyer will know what steps you need to take to keep your loved one safe. Your loved one may be entitled to personal injury compensation.

Guidelines for Detecting Emotional Nursing Home Abuse, TransworldNews.com, September 2, 2008

Emotional Abuse in Nursing Homes, Nursing Home Abuse Resource Center


Related Web Resource:

Nursing Homes in Illinois, Illinois Department of Public Health

Continue reading "Families of Nursing Home Residents Should Watch Out for Signs of Emotional Abuse" »

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July 9, 2008

Illinois Nursing Home Will Be Sued for Negligence, Says Family of Berkeley Woman Whose Body Was Found in Chicago Hotel Room Closet

The family of an Illinois woman whose naked body was found stuffed in a closet at the Chicago Lodge Motel says they plan to sue the Somerset Nursing Home for negligence. Maratta Walker, 46, was a patient at the home. Her family says she lived there because she had a brain tumor that caused her to have seizures. Because of her condition, Walker was not allowed to leave the nursing home without supervision.

Walker’s sister, Caroline, says that she was unable to locate her sister after May 7 and she thinks that is around the time the murder occurred. When Walker's body was discovered on May 20th, the medical examiner reported that she had been murdered at least two weeks ago.

Chicago police had to fingerprint Walker's body to identify her. Her face was missing an eye, teeth had been knocked out, and she was reportedly beaten to death. Investigators are still searching for a suspect. Walker’s family, however, says that she would have never have been murdered if she hadn't been allowed out of the nursing home without supervision.

Nursing Home Abuse and Negligence
Nursing homes are supposed to provide residents with proper medical care and attention. When failure to provide this care leads to injury or death, the nursing home resident or his or her family is entitled to file a claim or lawsuit against the home and/or staff members for personal injury or wrongful death.

Common signs that a resident may be a victim of nursing home neglect:

• Unsanitary conditions
• Failure to provide proper and timely medical care
• Failure to prevent malnutrition
• Dehydration
• Bedsores
• Failure to regularly clean or feed the patient
• Failure to supervise the patient

Under the Illinois Nursing Home Care Act, all nursing home residents are entitled to certain legal rights when staying at a care facility. Failure to have those rights honored can be grounds for a nursing home abuse/neglect claim or lawsuit.

Family Of Woman Found Naked In Closet To File Lawsuit, NBC5.com, June 9, 2008


Related Web Resources:

Nursing Home Abuse and Neglect Resource Center

Illinois Nursing Home Care Act

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June 29, 2007

Doctors And Hospitals Rarely Admit Medical Malpractice

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.

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June 5, 2007

Medical Malpractice Occurs More at Nighttime

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.

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June 1, 2007

Top Law Firms Utilize Mediation and Arbitration to Aggressively Resolve Personal Injury Cases

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!

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May 18, 2007

Chicago Nursing Home Resident Wins Big Settlement After Falling Out Of Bed

We recently forced a Chicago nursing home to settle a case for severely neglecting an elderly resident. The case involved a nursing home resident who was placed in a bed with out siderails. Our client fell out of the bed and came to rest on an iron block heater. As a result, he sustained a severe leg burn causing ulcers to develop. Eventually, the residents legs were amputated.

All nursing home residents have the right to be free from abuse and neglect. At Malman Law , we concentrate in protecting those rights. Today there are over 65 million peple in the United States over the age of 65. According to best estimates, between 1 and 2 million of these elders have been abused or neglected.

Unfortunately, most residents are never informed that they may have rights concerning falls, fractures and bed sores. It is important to exercise those rights since a nursing home will not inform you, or your family, of the right to pursue a claim against them.

There is no requirement that a nursing home inform a resident of neglect. We believe that when a nursing home becomes aware of neglect, the staff should have the obligation to inform the resident and family of their rights. Moreover, the State should be informed of the neglect and allowed to investigate any allegations by the resident or family.

In this case, we forced the nurses and staff to step forward and admit their neglect. If you or a loved one are in a nursing home you have an obligation to protect and pursue your rights. The protection of the elderly is of paramount importance at Malman Law and we will continue to fight for their rights.

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