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.

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

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

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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

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

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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

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

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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

Continue reading "Raids of Two Chicago Area Nursing Homes Uncovers at Least 18 Residents with Outstanding Felony Arrest Warrants" »

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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

Continue reading "Inspections of Illinois Assisted Living Facilities Leave State Officials Disappointed" »

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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

Continue reading "Nursing Home Violence: 98-Year-Old Resident Indicted for Murder of 100-Year-Old Roommate" »

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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

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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

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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

Continue reading "The Fight Against Nursing Home Violence: State Senators Hold Chicago Hearing About Improving Patient Safety " »

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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

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

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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

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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:

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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,