Chicago Nursing Home Abuse Lawyer Blog

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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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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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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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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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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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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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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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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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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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

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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

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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

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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

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