Chicago Nursing Home Abuse Lawyer Blog

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

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

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

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

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

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

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

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

Related Web Resources:
National Center on Elder Abuse

Morphine Overdose, Drugs.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Related Web Resources:
Alden Village North

Equip for Equality

Illinois Department of Public Health

Pseudomonas aeruginosa

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

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

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

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

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

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

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

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

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

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

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

Related Web Resources:
Nursing Homes in Illinois

Illinois Department of Public Health

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

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

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

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

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

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

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

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

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

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

Related Web Resources:
Nursing Homes, Medicare.gov

Chicago Nursing Homes

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

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

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

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

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

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

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

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

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

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

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

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

Illinois Attorney General Lisa Madigan

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

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

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

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

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

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

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

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

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

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

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

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

Related Web Resources:
Bedsores, MayoClinic

Pulmonary Embolism, emedicine

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

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

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

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

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

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

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

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

Related Web Resources:
Nursing Home Safety Task Force, Governor Pat Quinn

Nursing Homes, Lisa Madigan, Illinois Attorney General

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

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

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

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

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

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

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

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

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

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

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

Illinois Department of Public Health

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

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

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

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

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

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

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

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

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

Related Web Resources:
Bedsores, MayoClinic

How to Care: Pressure Sores

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

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

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

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

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

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

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

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

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

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

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

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

Related Web Resources:
Sepsis, emedicinehealth

Dehydration, NCBI

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

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

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

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

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

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

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

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

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

Nursing Homes, Chicago

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

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

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

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

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

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

Related Web Resources:
Elder Abuse in Nursing Homes , Nolo

Nursing Homes in Illinois

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

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

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

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

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

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

Related Web Resources:
Illinois Department of Public Health

Elder Abuse and Neglect, HelpGuide

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

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

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

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

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

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

Related Web Resources:
Illinois Department of Children and Family Services

Nursing Homes in Illinois

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

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

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

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

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

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

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

Winter Safety Measures, Wisconsin.gov

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

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

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

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

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

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

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

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

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

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

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

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

Related Web Resources:
Norovirus, CDC

Nursing homes in Illinois

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Related Web Resources:
Bedsores, MayoClinic

Falls in Nursing Homes, CDC

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

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

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

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

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

Related Web Resources:
Illinois Attorney General Home Page

Nursing Homes in Illinois

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

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

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

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

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

Avant is requesting a jury trial.

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

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

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

Illinois Nursing Home Care Act

Related Web Resources:
Nursing Homes in Illinois

Nursing Homes, Medicare

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

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

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

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

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

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

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

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

Related Web Resources:
The Journal of the American Medical Association

Sepsis, National Institute of Health

Nursing Homes in Illinois

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

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

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

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

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

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

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

Related Web Resources:
National Center on Elder Abuse

Elder Abuse and Neglect, HelpGuide.org

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

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

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

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

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

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

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

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

10 years, 13 deaths, The Chicago Tribune

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

Related Web Resources:
Alden Village North

Illinois Department of Public Health

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

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

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

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

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

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

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

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

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

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

National Alliance on Mental Illness

The family of Ingrid Williamson is suing Rainbow Beach Nursing Center for Chicago nursing home negligence. Williamson, who has schizophrenia, became pregnant while staying at the South Side assisted living facility in 2003.

Williamson’s family says they noted that her body was changing that summer but when they asked nursing home staff, they were told that it was just her medication that was making her puffy. A home pregnancy test and doctor examination confirmed that she was 5 ½ months pregnant, and Williamson gave birth to a baby in January 2004. A mentally ill patient is believed to be the father—although a test hasn’t confirmed this.

In their Chicago nursing home negligence complaint, Williamson’s family is accusing the assisted living facility of failing to protect her from the sexual advance of other patients. At the time that she became pregnant, Williamson was a ward of the state and considered legally unable to make her own choices. They contend that not only did the South Side facility provide her with pre-natal care and medication, but also that the nursing home kept giving Williamson psychotropic drugs to treat her mental illness even though the family expressed concern that doing so could hurt the unborn baby.

The child, now 6, is developmentally delayed and has autism. Williamson’s sister Shaune Williamson Ofori-Amanfo, is the child’s legal guardian.

This is not the first time that the Rainbow Beach Nursing Center has come under fire for failing to properly supervise residents. The Illinois Department of Public Health was fined $10,000 in 2004 after a male resident was found engaging in inappropriate sexual behavior in a female patient's room. She became upset and had to be given medication. The male patient had a history of entering female residents' rooms.

Chicago Nursing Home Negligence
Some nursing home patients have lost the capacity to make decisions on their own or take care of themselves. They are placed in assisted living facilities because they need nursing care and supervision. When failure to provide that supervision causes injury or some other harm, family members may have grounds for filing a Chicago nursing home neglect lawsuit on their loved one’s behalf.

Woman sues nursing home after patient impregnates sister, Chicago Sun-Times, September 30, 2010

Two Chicago Nursing Homes Fined, Illinois Department of Public Health, September 29, 2004

Related Web Resources:
Rainbow Beach Nursing Center

Nursing Home Care Act

Cook County authorities are charging Ernest R. Rokosik with one count each of senior exploitation and theft of more than $100,000. The charges are related to a Chicago elder financial abuse case involving a mentally disabled victim.

According to the Cook County Sheriff’s office, the 63-year-old victim inherited approximately 600,000 from his mother in 1998. Rokosik’s father Ernest W. Rokosik, a Chicago cop and family friend, would go on to obtain power of attorney over the victim. The older Rokosik allegedly took money out of the victim’s bank account on a regular basis without authorization.

Following his father's death, Ernest R. Rokosik allegedly convinced the victim to give him the same financial control. According to the authorities, the Rokosiks stole over half a million dollars from him in less than 10 years.

The Cook County public guardian has filed a lawsuit on behalf of the victim. The Chicago elder financial abuse complaint says that the victim lives on just $850 a month.

Financial Exploitation of the Elderly
Unfortunately, seniors—especially those suffering from serious physical or mental illnesses—are easy targets for people intent on making a profit by stealing from others. Not only is Illinois elder financial abuse a crime, but also the victim may have grounds for a civil lawsuit against the perpetrator. It can be devastating for the victim to lose his/her retirement fund or money intended for nursing care because of Chicago elder financial exploitation.

Chicago father and son accused of depleting disabled man's savings, Chicago Tribune, September 22, 2010

Financial Abuse, National Committee for the Prevention of Elder Abuse

Related Web Resources:
How to Recognize Signs of Financial Abuse, CANHR

AARP

According to Illinois Attorney General Lisa Madigan, “felons are using nursing homes… as safe houses.” In Chicago on Monday, Madigan said that after just 21 unannounced sweeps of assisted living facilities in the last nine months over 100 nursing home residents with active arrest warrants have been discovered. Madigan promises to continue entering assisted living facilities until this problem is resolved. She says that her officer remains committed to ensuring that nursing home patients are properly cared for and kept safe.

Madison spoke at the Central Nursing and Rehabilitation Center, a Chicago nursing home where a sweep had resulted in four arrests. The “Operation Guardian” sweeps are conducted by a multi-agency team. The checks are an attempt to weed out dangerous residents so that other patients do not become the victim of Illinois nursing home patient violence.

Of the arrest warrants discovered, approximately 2/3rds of them were not executed because they had come from other states or because the patients involved were too sick or mentally ill to be taken into custody. However, some 30 patients have been arrested for various crimes, such as battery and burglary. Also, 14 people who had been reported missing were identified.

In addition to “Operation Guardian,” the state’s health department also performs unannounced probes of the nearly 1,200 Illinois nursing homes every 12 to 15 months. The investigations take place to ensure that assisted living facilities are in compliance with the law. However, Madigan noted today that some homes will wait until they are due for another unannounced check before making certain fixes.

State law makers began to take more aggressive action with “Operation Guardian” and other initiatives after the Chicago Tribune ran an in-depth investigation into the problem of nursing home violence. Many such incidents occurred in assisted living facilities that housed felons or younger mentally ill patients.

With so many nursing home patients at risk of becoming victims of patient violence, it is important that assisted living facilities keep out prospective residents that could pose a danger to others. Our Chicago nursing home abuse and neglect law firm represents victims that have suffered personal injury at the hands not just of staff employees but also from patient violence or other crimes at an Illinois assisted living facility.

Nursing home sweeps find residents with arrest warrant, Chicago Tribune, September 20, 2010

124 with arrest warrants found in nursing homes, WHBF, September 20, 2010

Related Web Resources:
Illinois Attorney General

Nursing home safety, Chicago Tribune

After the Illinois Department of Health’s discovery of black mold on the walls and window sills in a number of residents’ rooms at the Galesburg Terrace nursing home, the media is reporting that one woman is questioning whether the toxic substance contributed to her mother’s death.

Becky Sottos’ mom Mildred passed away six months ago. Doctors determined that the 79-year-old, who smoked until the last couple of years of her life, died from pneumonia. Now, however, Sottos is wondering whether the mold worsened her mother’s health.

Meantime, other nursing home residents at the Illinois nursing home have also expressed concern about the black mold. According to WQAD.com, Gilbert Bouchez, one of the patient’s whose room was housing the mold, says he’s been hacking and coughing since April. Resident Myrtle Potter says that she too has had a chronic cough. Her son David Ennis told News Eight that even after mold was discovered in her room, the assisted living facility did not bother to transfer her to another room. He also claims that he and his family were not notified about the mold.

The Illinois Department of Public Health has cited the assisted living facility for the mold, ventilation care errors, and mistakes related to the administering of medication.

Black Mold
Considered a toxic substance, black mold is a parasitic substance that releases mycotoxins that can cause health issues. Flu- and cold- like symptoms, wheezing, sore throat, asthma, nasal congestion, depression, dizziness, headaches, fatigue, and death can result. Unfortunately, many mold-related illnesses can be misdiagnosed. Considering that many nursing home residents already suffer from weakened immune system and other health issues, exposure to black mold can prove detrimental to them.

Assisted living facilities can be held liable for Chicago nursing home negligence if failure to maintain a sanitary space that is free of toxins causes residents to suffer health issues.

Family of deceased Galesburg nursing home resident concerned after mold discovery, WHO-TV, September 14, 2010

Residents of Galesburg nursing home upset over mold discovery, WQAD, September 13, 2010

Related Web Resources:
Illinois Department of Public Health

Signs of a Black Mold Problem, Toxic Black Mold Information Center

What Are the Dangers of Black Mold?, eHow

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

Hundreds gathered in Chicago on Tuesday for a hearing about the way Illinois houses and takes care of thousands of Medicaid recipients. Testimony included arguments for and against a proposed class-action settlement that would give thousands of mentally ill patients the opportunity to move into housing other than traditional nursing homes that may be better suited to their needs. U.S. District Judge William Hart is expected to rule on the state's plan.

The decision to move into these alternative housing situations would be optional. The agreement establishes a timetable for residents to move into smaller homes and apartments, and the state would then give them support services. While the National Alliance on Mental Illness of Illinois and the US Justice Department support the terms of the settlement, some patients' family members are worried that nursing homes might shut down if too many residents end up leaving.

Illinois has depended heavily on nursing home to take care of mentally ill patients, and the class action complaint had accused the state of violating the Americans with Disabilities Act by supporting institutions for mental diseases (they are licensed as nursing homes) while underfunding other housing options. Although State officials deny any such violations, they have agreed to the settlement.

Chicago Nursing Home Negligence
Not only is it important for mentally ill patients to get the proper care that they need, but also, sometimes housing seriously mentally ill residents with other nursing home patients can be harmful to both parties—especially to the latter. Their physical, mental, and/or emotional vulnerabilities can make them easy targets for patient violence, sexual assault, Chicago nursing home neglect, and abuse.

Judge to decide on state plan for mentally ill, ABC Local/AP, September 7, 2010

Hearing set on plan to let mentally ill live alone, Pantagraph.com, September 7, 2010

Illinois to move 4,500 mentally ill from nursing homes to community care setting, Mcknights, March 16, 2010

Related Web Resources:
Nursing Homes in Illinois

National Alliance on Mental Illness of Illinois

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

State authorities are trying to determine whether someone tipped off to a Chicago nursing home that it was about to receive a surprise inspection by Illinois Attorney General Lisa Madigan’s office. Celeste Jensen, the facility administrator for Grasmere Place, was reportedly waiting for law enforcement officials when they arrived on July 22 for what should have been a surprise “Operation Guardian” investigation.

When inspectors arrived for the surprise visit in July, the Chicago nursing home was fully staffed and undergoing repairs. However, during an unannounced follow-up visit on August 16, the facility was in less immaculate condition and there were less staff members on duty. Jensen says that a city official from the Department of Family and Support Services had warned her about the original visit.

Operation Guardian
The unannounced visits under “Operation Guardian" are supposed to protect residents from Illinois nursing home abuse and neglect. State and local law enforcement teams and health inspectors work together to conduct unannounced inspections of assisted living facilities to make sure that they are in compliance with safety and health regulations and remove patients that have outstanding arrest warrants from the premises. If nursing homes are notified in advance about the visits, they may remedy any existing safety issues, health hazards, and other violations prior to the inspection to make it appear as if there are none. To date, the sweeps have led to the arrest of at least 20 residents with outstanding warrants.

Inspection was no surprise to nursing home, Chicago Breaking News, September 1, 2010

Related Web Resources:
IIllinois Department of Family and Support Services

Illinois Attorney General

Related Blog Story:

Illinois Nursing Home Sweep Leads to Fugitive’s Arrest, Chicagonursinghomeabuselawyerblog.com, July 2, 2010

Continue reading "Chicago Nursing Home May Have Been “Tipped Off” About Surprise Inspection" »

A 78-year-old nursing home patient at Provena-Mercy Hospital in Aurora sustained stab wounds to her face, eye, and arm when she was stabbed by her roommate’s relatives. Police arrested the suspect, a 39-year-old man.

Our Chicago nursing home neglect lawyers want to remind you that your loved one may have grounds for a Chicago nursing home negligence lawsuit if he or she was assaulted while residing at or visiting an assisted living facility. The best way to determine whether you have grounds for a case is to explore your legal options.

Unfortunately, nursing homes can be dangerous places for patients. Many of them are too ill or frail to take care of themselves let alone fend off an attack. Assailants at assisted living facilities have included nursing home workers, fellow patients, guests of residents, or workers that are not employed by the facility but are doing work on the premise.

Assisted living facilities are supposed to take steps to prevent Chicago nursing home abuse, neglect, sexual crimes, and violent crimes from taking place. When failure to provide this duty of care occurs, it is the residents and their families that suffer.

Just recently, an Illinois wrongful death complaint was filed against group home operator The Graywood Foundation and ex-employees Daniel J. Clark and Christopher P. Oliver. Clark and Oliver are accused of punching and kicking 21-year-old Dustin T. Higgins and encouraging two other patients to assault him. Higgins, who was a developmentally disabled adult, died from a head injury on September 1, 2008.

Clark and Oliver are charged with first-degree murder. The two former residents that participated in the assault, Robert T. Gardner and Edward E. Flexter, have pleaded guilty to aggravated battery.

Elderly woman stabbed in her hospital room, Chicago Breaking New, September 1, 2010

Suit filed in Streator man's group home death, The Times, August 13, 2010

Related Web Resources:
Nursing Homes, Chicago Tribune

Nursing Home Overview, Medicare

The family of Dolores “Dee” Howorth is seeking Illinois wrongful death damages from ManorCare Health Services-Hinsdale. Howorth died in April 2009.

According to the Chicago nursing home neglect complaint, Howorth died from acute renal failure after having been dehydrated for 27 days and losing 16 in pounds in 12 days. She had been living at the assisted living facility for less than a month when she passed away.

The plaintiffs’ Chicago nursing home abuse lawyers claim that assisted living facility staff members used chemicals and a wheelchair lap restraint to improperly restrain Howorth for the sake of their own convenience. Within her first 48-hours at the long-term care facility, Howorth, who had Dementia, was given Ativan. Four days later she was given Seroquel, an anti-psychotic. Howorth’s family contends that the nursing home failed to make sure that she was properly hydrated and neglected to document changes in her medical condition.

Following an investigation in the wake of a complaint filed by Howorth’s family with the Illinois Department of Public Health in June, the department cited ManorCare of Hinsdale for violations involving nursing neglect, improper nursing care, improper physician care, and improper restraint. The report also notes that Howorth’s dramatic weight loss was not properly assessed or remedied.

Unreasonable Restraint
Chicago nursing homes are not allowed to restrain patients without proper cause. In many cases, the reason to restrain a patient is medical or necessary for the good of the patient. Nursing home workers are not allowed to restrain residents merely for their “convenience” or because they are sick of hearing them complain or don’t feel like watching them. Improper restraint can be grounds for a Chicago nursing home abuse and neglect lawsuit.

Hinsdale ManorCare faces wrongful death lawsuit, September 3, 2010

Hinsdale nursing home sued over resident's death, My Suburban Life, September 2, 2010

Related Web Resources:
The Illegal Use of Chemical Restraints in Illinois Nursing Homes, Chicago Bridge, April 25, 2010

Nursing Homes in Illinois

Related Chicago Nursing Home Abuse Blogs:
Advocacy Group Wants to Fight Illinois Nursing Home Abuse with Tougher Rules on the Use of Anti-Psychotic Drugs as Chemical Restraints, Chicagonursinghomeabuselawyerblog.com, January 8, 2010

Nursing Aide Ties 83-Year-Old Nursing Home Abuse Victim to a Chair Before Napping, Chicagonursinghomeabuselawyerblog.com, August 12, 2009

Hazard Nursing Home administrator Sheila Noe and the assisted living facility’s owner have been charged with the Class B misdemeanor crime of failure to report the suspected sexual abuse of an elderly person. The nursing home received a Type A citation over the alleged failure in June.

The alleged nursing home sexual abuse incidents involve Mae Campbell, an 88-year-old nursing home resident who has Alzheimer’s. Per the citation, during one incident in August 2009, nursing home staff members found her Campbell with semen on her after a male patient had detained her in his room. The male resident was found with his genitals exposed. During another alleged nursing home sex abuse incident, a male resident walked up to Campbell, who was seated in the nursing home hallway, and ejaculated on her face.

The nursing home company and administrator are accused of knowing about the sexual assault crimes but failing to report them. Campbell’s sons have filed a nursing home negligence lawsuit.

Chicago, Illinois Nursing Home Sexual Assault Crimes
Unfortunately, because of advanced age, deteriorating physical or mental health, loss of speech, or diminished motor skills nursing home residents are easy prey for sexual predators. This is why assisted living facilities must properly screen prospective employees and residents to determine whether they may pose a danger to others.

Sexual abuse can consist of rape, inappropriate touching, sodomy without consent, sexual harassment, molestation, or other inappropriate sexual acts.

Not only must assisted living facilities protect residents from sexual abuse, but also they are obligated to report any incidents should they arise.

Hazard Nursing Home charged in sex abuse case, Kentucky.com, August 6, 2010

Nursing Home Under Investigation, WKYT, July 26, 2010

Related Web Resources:
Nursing Home Compare, Medicare.gov

Illinois Department of Public Health

A prank on fellow nursing home workers became an example of nursing home abuse when six employees went too far and covered residents with a slippery cream. They had greased the patients so that their co-workers would have a difficult time handling the residents when providing them with nursing care, taking them to the bathroom, or moving them. All of the residents involved have dementia and never gave their consent to be a part of the joke.

The six nursing home workers have since been fired and arrested. They each face one misdemeanor county of injury to an elder or a dependent adult, battery committed while on hospital property, battery committed on an elder or a dependent adult, and conspiracy.

Fortunately, none of the patients were injured during the prank—though the grease on their bodies could have easily allowed them to slip through a caretaker’s grasp, placing them at risk of broken bones or a fractured hip in the event of a fall accident.

Nursing home workers should never take advantage of their patients by abusing, neglecting, or playing jokes on them without their consent. Such acts ignore a resident’s rights and can cause emotional trauma, pain, and suffering. Patients come to an assisted living facility because they need to be taken care of—not so that nursing home workers and others can do with them what they will.

Our Chicago nursing home neglect and abuse lawyers are committed to making sure that our clients obtain justice and fair treatment. We are here to fight for their financial recovery.

6 arrested for greasing elderly at CA nursing home, Newsvine, August 3, 2010

Elders allegedly abused at nursing home, UPI, August 4, 2010

Related Web Resources:
ElderCare

US Department of Health and Human Services

Last week, protestors from the Progress Center for Independent Living stood outside Crestwood Terrace chanting that “Nursing Homes Have Got to Go.” The group, which advocates for the disabled, claims that the Chicago nursing home staff is denying patients their basic rights.

According to Progress Center program director John Jansa, Crestwood residents have claimed that they don’t get their medications on time and they have been robbed of their personal items. One resident has reportedly complained that he has been made to wait hours for a shower, which he gets twice a week, and nursing home staff have refused to make his bed.

Jansa says that the group has sent a list of demands to the nursing home administrator’s office. Demands include ensuring that patients are given information about their basic rights and are informed about state programs that can allow them to move into the community.

Our Chicago nursing home abuse and neglect law firm believes it is important that nursing home residents’ rights are upheld. We are committed to helping our Illinois nursing home negligence clients obtain financial recovery for the harm they have suffered.

Nursing home patients have numerous rights, including:

• The right to a clean and safe facility that is free from abuse or neglect.
• The right to participate in your nursing care, including the right to a care plan and the right to refuse treatment.
• The right to privacy, including private visits with friends and family and private phone calls.
• The right to be treated with respect.
• The right to manage your own money.

Group protests outside Crestwood nursing home, SouthTownStar, August 21, 2010

Rights of People Living in Nursing Homes, Egyptianaaa.org

Related Web Resources:
Illinois Department on Aging

Progress Center for Independent Living

Continue reading "Advocates Protesting Outside Crestwood Terrace Allege Chicago Nursing Home Neglect" »

Michael Huntsman is seeking over $350,000 in compensatory damages and a judgment of more than $800,000 for the Illinois nursing home negligence that his father suffered prior to his death. The defendants in this civil case are the Elmwood Nursing and Rehabilitation Center, its owners Maryville Health Properties, Healthcare Management Associates, Lorraine Suissa, Makhlouf Suissa, Mark Suissa, Noah Wolff, and Eric Rothner, and Fox Med-Equip Services.

Michael’s dad, Elmer Huntsman, had been staying at the Maryville nursing home for less than two months when on October 5, 2008, he experienced shortness of breath, distress, and severe oxygen desaturation. According to Michael’s Illinois nursing home neglect lawsuit, the CPAP machine that was supposed to force air into his lungs to help Elmer breath at night failed to do so. However, despite Elmer’s request that the nursing home staff assist him, they refused to help until the following morning when the day shift called the hospital requesting a non-urgent transfer for him. By the time Elmer got to the hospital, his pupils were dilated and fixed and he showed lividity.

Michael also says that prior to Elmer’s death, his dad developed a urinary tract infection, stage 2, 3, and 4 pressure sores on his coccyx and buttock, and unexpectedly lost weight. He contends that the nursing home and its owners were negligent when they failed to properly assess his dad’s condition, did not provide the patient with the proper supervision, and failed to recognize and treat his condition. The assisted living facility has already been cited for improper nursing in relation to Elmer’s death.

Michael is accusing Fox-Med-Equip, the company that makes the continuous positive airway pressure system device, of a number of negligent acts, including failing to set up proper procedures to make sure that the machine worked properly, and failing to properly train the nursing home staff on how to use the equipment.

Illinois Nursing Home Negligence
Improper nursing care can be deadly for residents, many of whom are already suffering from serious health issues and are prone to health complications, including infections, and bedsores. There may be more than one party who should be held liable for your loved one’s nursing home injuries and health problems.

Determining liability is likely the last issue you want to be thinking about when you are so busy grieving for your loved one. However, the sooner you explore your legal options, the better.

Elmwood Nursing and Rehab Center named in suit, The Record, August 20, 2010

Related Web Resources:
Bedsores, MayoClinic

Nursing Homes, Medicare.gov

Police are trying to determine how Dorothy Butler, a 100-year-old nursing home patient, sustained four broken ribs, suffered severe hemorrhaging, and developed pressure sores and bruises while staying at the Boulevard Terrace Rehabilitation and Nursing Center. Butler was rushed to the emergency room on August 16.

The assisted living facility’s nursing home administrator says that it is also trying to determine how Butler’s injuries happened. Meantime Department of Health and Human Services is investigating whether any nursing home abuse or neglect took place.

When the nursing home was last inspected in December, there were a few deficiencies, including failure to tell patients, family members, and doctors about significant changes in residents’ health. The deficiencies have since been remedied. The nursing home had been forced to shut down to new residents in 2008 after state inspectors found less than acceptable administrative and nursing service conditions.

Butler was staying at Boulevard Terrace so she could recover from a broken femur. After she was released from the hospital on Tuesday, she was admitted to a different assisted living facility.

Chicago Nursing Home Neglect and Abuse
If you suspect that your loved one is a victim of nursing home abuse or neglect, it is important that you remove him/her from the assisted living facility immediately and contact the authorities. You should also speak with an experienced Chicago nursing home abuse and neglect lawyer right away. If your loved one has bruises, other injuries, pressure sores, or any health issues that you believe have arisen because negligent nursing care or nursing home violence, it is a very good idea to get your loved one medical help as soon as possible.

100-year-old woman's injuries trigger investigation, Tennesean, August 18, 2010

100-Year-Old In Nursing Home Suffers Broken Ribs, WSMV, August 17, 2010

According to the US Centers for Medicare and Medicaid Services, Embassy Health Care Center, a Wilmington, Illinois nursing home has been cited for Will County nursing home neglect and poor nursing care. Unless remedies are implemented by August 26, regulators say that they will take away the assisted living facility’s federal funding.

They are accusing the Wilmington nursing home, which is heavily dependent upon Medicaid funding and houses about 150 patients, of failure to prevent patients from developing bedsores and inadequate buildling maintenance. At this time, the Illinois Department of Public Health is not looking to take away the assisted living facility’s license.

Inadequate Nursing Care
Not giving a patient the proper nursing care that he or she needs can be detrimental to the resident’s health. Some examples of inadequate nursing care:

• Failure to provide patient with immediate medical attention
• Not bathing a resident regularly
• Not turning the patient on a frequent basis to prevent pressure sores
• Failure to administer medication on time
• Overdosing a patient
• Not responding to resident’s request for help or attention
• Failure to notify the resident’s physician of changes in health
• Allowing residents to live in unsanitary conditions
• Wrong diagnosis
• Failure to ensure that patient remains hydrated
• Failure to adhere to patient’s care plan
• Disregarding resident’s food restrictions or neglecting to grind up or blend food as ordered by the patient's dietary plan
• Failure to treat bedsores promptly to prevent infection or deterioration
• Nursing home abuse
• Nursing home neglect

Wilmington: Feds cite Embassy Health Care Center for neglect, The Daily Journal, August 15, 2010

Related Web Resources:
Illinois Department of Public Health

Centers for Disease Control and Prevention

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

The Associated Press is reporting that Illinois regulators are acting to take away Columbus Manor Residential Care Home’s license. The Chicago nursing home is the residence for about 130 mentally ill patients.

The assisted living facility has been cited for numerous violations that have placed patients’ lives at risk. According to state inspectors, one female patient, age 67, had to fight off a Chicago nursing home sexual assault by one of the male residents. Other incidents of violence between patients have also occurred. The for-profit home may have even neglected to tell the doctor of one of the patients, age 61, that the resident was sick. This could have contributed to his death from infection.

A hearing is set for December. Meantime, the Chicago nursing home has turned in a plan to remedy the issues. It is facing a $100,000 minimum fine.

Our Chicago nursing home neglect attorneys have been updating our blog site, Chicago nursing home abuse lawyer blog, with the latest developments regarding the care of mentally ill patients at Illinois assisted living facilities. Some of the incidents that allegedly occurred at Columbus Manor Residential Care Home are examples of why it is so important that patients stay at facilities that know how to provide them with the care that their respective conditions warrant. Otherwise, they can be a danger to themselves or others.

Over the last several months, it has become even more clear that Chicago nursing home patient violence, often committed by mentally ill and/or violent patients, is a serious problem at a number of Illinois nursing homes. An assisted living facility that doesn't do enough to protect a patient from becoming the victim of a crime can end up the defendant of a Chicago nursing home neglect and abuse lawsuit.

Chicago Nursing Home Faces Loss Of License, AP, CBS2Chicago, August 11, 2010

Related Web Resources:
Nursing Home Safety, Chicago Tribune

Advocating for Older Citizens, Illinois Attorney General Lisa Madigan

The Collinsville Rehabilitation & Health Care Center is appealing the $25,300 it has been ordered to pay over the alleged Illinois nursing home sexual assault of a female patient by a male resident last December. While the Illinois Department of Public Health and the Centers for Medicare and Medicaid Services found that the assisted living facility failed to conduct a criminal background check and did not ensure that the victim, who was afraid of the male patient, lived in a safe environment, the nursing home’s administrator says that a check of the National Sex Offender Registry was conducted, and that this met the state's requirements. The alleged assailant’s name was not listed on it.

The male resident is accused of going into the woman’s room and pulling up her skirt. No charges were filed against him.

While the IDPH imposed the $20,000 fine against the Collinsville facility for allegedly allowing the Illinois nursing home abuse to happen, the CMS fined the nursing home $5,300 for failing to report the alleged sex crime.

It is important that Illinois assisted living facilities conduct criminal background checks so that dangerous felons are not housed along with the general population. Just today, Rockford police arrested two patients from Alden Park Strathmoor Nursing Home on outstanding criminal warrants. Two other residents also had warrants in their names, but they were not apprehended because of their medical condition. They will, however, continue to be monitored.

The arrests are part of Attorney General Lisa Madigan’s efforts through the initiative Operation Guardian to make sure that Illinois assisted living facilities are in compliance with the laws and regulations. To date, her office has conducted 16 compliance checks and found 84 patients with outstanding criminal warrants.

Rockford nursing home residents arrested in sting, RRStar, August 9, 2010

State fines Collinsville nursing home, Suburban Journals, August 5, 2010

Related Web Resources:
Attorney General Urges Alliance to Crack Down on Noncompliant Facilities, Illinois Attorney General, February 24, 2010

Nursing Home Safety Task Force, Illinois.gov

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

Pilgrim Haven Health Facility has been fined $100,000 for allegedly failing to prevent an 85-year-old assisted living facility resident from falling twice and eventually sustaining a head injury that proved fatal. The resident, who suffered from diabetes, dementia, and a heart condition, was supposed to get around in a walker while under the supervision of a nursing home worker. However, according to a state investigator, not only did the nursing home fail to make sure that the resident’s walker was easily accessible to him, but also they didn’t follow doctor’s instructions to install an electronic fall monitor.

The first nursing home fall accident happened last October, when nursing home workers found the man sitting on his bedroom floor after a fall accident. He sustained a scratch to his head. In December 2009, nursing home workers once again found the patient on the ground. He told them that he had fallen while using his walker.

The resident said he did not strike his head during the nursing home fall and a neurological exam did not show that there was anything wrong. Later that night, he started throwing up and turned pale. However, nursing home workers waited to tell his doctor and did not reevaluate him for possible head injuries. Also, there was no registered nurse on duty at the time.

The 85-year-old patient died the next day at the hospital. Doctors say that he passed away because the fall caused head trauma and bleeding in the brain.

With so many tools available to prevent nursing home falls from happening, assisted living facilities have no excuse for not doing everything possible to prevent such an accident from happening—especially when some patients have already proven that they are a fall risk. As evidenced by the incident above, fall accidents can cause serious injuries and death.

Los Altos nursing home fined $100,000 after man suffers fatal head injury, Los Angeles Times, August 4, 2010

Los Altos Nursing Home Fined $100K In Falling Death, KTVU, August 3, 2010

Related Web Resources:
Falls in Nursing Homes, CDC

Vitamin D may reduce nursing home falls, UPI, January 19, 2010

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

Two men accused of robbing seniors at a Palos Park nursing home reportedly posed as high school teenagers to commit their theft crimes. One of the suspects, 21-year-old Carol Stream resident Jay Taylor, is charged with two felony counts of forgery. Police arrested the man referred to as Taylor’s accomplice, 21-year-old Sal Auditore, outside the state on an unrelated burglary charge.

According to the authorities, the two men pretended to be students working on projects to get their elderly targets to trust them. When talking to the nursing home residents about the project, one of the men would request to use the bathrooms. He would then go off to steal credit cards, money, checks, and other items. The Cook County Sheriff’s office is trying to determine whether there are more victims.

Cook County nursing homes are responsible for making sure that their premise is safe and that violent and theft crimes to not happen on the grounds or at the facility. This includes making sure there is adequate security on the premise, that all visitors are identified and accounted for, and that doors into the facility are properly secured. If the negligence, carelessness, or recklessness by workers or facility owners allows a crime to be committed and a patient is hurt or suffers other damages as a result, the assisted living facility can be held liable for Chicago nursing home negligence.

Unfortunately there are those who continue to prey on the elderly, the sick, and the mentally frail because they are considered easy targets for theft and fraud crimes. In many instances, it is a caregiver or someone else entrusted with the elderly person’s care who commits elder financial abuse or theft.

2nd man arrested in Palos thefts, Southtown Star, August 5, 2010

Police: Men posed as high school students, stole from seniors, Chicago Sun-Times, August 2, 2010

Related Web Resources:
Theft in Nursing Home, Elder Care Rights

Related Web Resources:
Illinois (IL) Nursing Homes / Skilled Care Facilities by County, CarePathways

The administrator of William B. McCuller’s Estate is suing Memorial Convalescent Center and Memorial Hospital for Illinois wrongful death. Winifred Love is seeking a judgment of over $50,000 plus costs. She is alleging Illinois nursing home negligence.

According to her civil complaint, McCuller developed pressure ulcers that resulted in an infection and his eventual wrongful death in 2009. Love claims that staff at both the center and hospital did not properly monitor or treat him, neglected to identify him as someone at high risk for pressure sores, and failed to detect the early signs of wound occurrence. Love claims that the centers’ employees did not follow proper wound prevention and treatment procedures and that because of McCuller’s passing, his family members experienced sorrow and grief and were deprived of companionship, services, instruction, counsel, guidance, love, training, and support.

Factors that Increase the Chances a Patient Will Develop Bedsores:
• Delicate skin
• A chronic condition
• Being bedridden
• Having to use a wheelchair
• Urinary or bowel incontinence
• Not being able to move without help
• Mental illnesses
• Advanced age

Common Causes of Pressure Sores:
• Prolonged pressure, which can occur when the patient stays in the same position on a chair or bed for too long a period of time
• Friction, which can occur when the skin brushes roughly against the bedsheets
• Excess moisture or perspiration on the skin
• Obesity
• Poor health
• Malnutrition

Some Ways to Prevent Decubitus Ulcers:
• Check the skin regularly
• Clean the skin and dry it gently
• Make sure a patient shifts physical positions on a frequent basis
• Use devices designed to prevent pressure sores, such as pressure-relieving cushions for wheelchairs

Pressure sores not treated, says wrongful death suit against Memorial and nursing home, The Record, July 29, 2010

The Lurking Dangers of Pressure Sores, MDA

Related Web Resources:
Pressure Ulcers Among Nursing Home Residents, CDC

Pressure Ulcers in Nursing Homes, NMMRA

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

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

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

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

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

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

Related Web Resources:
Illinois Nursing Homes

Nursing Home Safety Task Force

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

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

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

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

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

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

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

Related Web Resources:
C-diff infection

Nursing Home Guide, Consumer Reports

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

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

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

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

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

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

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

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

Related Web Resources:
ACLU of Illinois

The Proposed Consent Degree (PDF)

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

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

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

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

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

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

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

Related Web Resources:
American Civil Liberties Union

Illinois Department of Public Health

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

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

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

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

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

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

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

Fall Prevention, StopFalls.org

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

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

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

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

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

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

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

Related Web Resources:
Illinois Department on Aging

Financial Abuse, National Committee for the Prevention of Elder Abuse

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

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

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

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

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

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

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

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

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

What are Bed Sores?, Disabled World

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

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

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

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

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

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

Related Web Resources:
Illinois Department of Public Health

Falls in Nursing Homes, CDC

Continue reading "Illinois Nursing Home Under Investigation Again for Possible Negligent Nursing Care" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Related Web Resources:
Illinois Department on Aging

Elder Abuse and Neglect Act

US Administration on Aging

Nursing Home Compare, Medicare.gov

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

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

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

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

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

Related Web Resources:
Drowning Facts, YMCA

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

Continue reading "Chicago Nursing Home Patient Drowns in Bathtub" »

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

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

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

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

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

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

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

Stage I bedsores: Tenderness, pain, and redness.

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

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

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

Related Web Resources:
Bedsores, MayoClinic

Nursing Homes, Chicago, Illinois

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

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

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

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

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

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

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

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

Related Web Resources:

Illinois Attorney General Lisa Madigan

Nursing Home Safety Task Force

Continue reading "Illinois Nursing Home Sweep Leads to Fugitive’s Arrest" »

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

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

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

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

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

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

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

Morphine Uses, MedTV

Related Web Resource:
National Center on Elder Abuse

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

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

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

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

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

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

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

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

Dementia and Alzheimer's Care

Continue reading "Dementia Patients Are Easy Targets for Chicago Nursing Home Abuse and Neglect" »

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

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

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

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

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

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

Related Web Resources:
Nursing Home, Medicare.gov

Nursing Home Abuse Overview, Justia

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

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

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

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

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

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

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

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

Related Web Resources:
Evangelical Lutheran Good Samaritan Society

Nursing Home Abuse Center

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

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

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

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

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

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

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

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

Nursing Homes in Chicago, Illinois, CityOf.com

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

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

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

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

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

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

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

Financial Abuse, National Committee for the Prevention of Elder Abuse

Continue reading "Arlington Heights Nursing Home Assistant Sentenced for Stealing from 89-year-old Resident" »

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

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

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

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

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

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

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

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

Related Web Resource:
Nursing Home Safety, Chicago Tribune

Continue reading "Nursing Assistant Pleads Guilty to Sexually Assaulting Mentally Disabled Male Resident" »

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

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

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

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

Related Web Resources:
Medicare Funding

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

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

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

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

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

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

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

Related Web Resources:

Decubitus Ulcers, Emedicine

Leg ischemia, American Family Physician

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

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

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

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

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

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

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

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

Related Web Resources:
National Center on Elder Abuse

Nursing Homes Resident Rights, Medicare.gov

Continue reading "Nursing Home Abuse: Video Shows Patient Being Dumped from Wheelchair onto the Ground" »

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

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

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

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

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

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

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

Elder Abuse and Neglect, Helpguide.org

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

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

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

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

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

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

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

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

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

Related Web Resources:
Illinois Attorney General Lisa Madigan

Nursing home safety task force, Illinois.gov

Continue reading "Illinois Attorney General Conducts Unannounced Visit to Morgan County Nursing Home" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Office of Diversion Control, DEA

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

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

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

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

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

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

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

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

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

Compromised Care, Chicago Tribune

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

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

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

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

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

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

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

Related Web Resources:
Nursing home overview, Medicare

Making the Right Choice, National Institute on Aging

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

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

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

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

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

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

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

Related Web Resources:
Preventing Elopement, Repertoire, March 2008

Dementia and Alzheimer’s Care, Helpguide.org

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

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

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

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

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

National Nursing Home Week, American Health Care Association

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

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

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

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

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

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

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

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

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

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

Compromised Care, Chicago Tribune

Continue reading "Illinois House and Senate Pass the Nursing Reform Bill " »

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

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

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

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

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

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

Interruptions Linked to Medication Errors by Nurses, Medscape Today

Causes of Medical Mistakes, Wrong Diagnosis

Related Web Resources:

Archives of Internal Medicine

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

Continue reading "Medication Mistakes at Chicago Nursing Homes Can Injure Residents" »

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

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

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

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

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

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

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

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

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

Related Web Resources:
Compromised Care, Chicago Tribune

Illinois Department of Public Health

Nursing home operator Philip Esformes is denying that Chicago doctor Roland Borrasi paid him for access to his patients. Borrasi, who was convicted of one count of conspiracy to offer and receive bribes and kickbacks in exchange for patient referrals and six counts of offering/receiving bribes to get the referrals, is serving a 6-year prison term.

According to Borrasi’s mistress and medical biller, the doctor told her that he would pay Esformes fees between $1,000 and $10,000. Another member of Borrasi’s medical group, unindicted co-conspirator Abhin Singla, told authorities that the nursing home operator was in charge of regulating the in and out flow of residents at his nursing homes and that he did so in a manner that let him receive the maximum benefit allowed.

Singla, who cooperated with federal agents, said that in March 2001 he was with Borrasi when Esformes called and told the Chicago doctor to admit at least five nursing residents to different hospitals. Borrasi did so without inquiring about their medical conditions. Singla claims that someone would “find something wrong” with the residents so they could be admitted. Meantime, taxpayers were paying millions in bogus Medicare and Medicaid bills.

Borrasi was recorded telling three doctors that he used cash bribes and kickback to move nursing residents into psychiatric wards and hospitals in the Chicago area. According to the Chicago Tribune, one patient was administered brain radiation treatments that were inappropriate for her. Another resident was admitted to an acute psychiatric ward after she wouldn’t eat in the dining room.

Two of the state’s largest nursing home chains were also named in the federal probe for allegedly involving their residents in the scam. However, they were never charged.

Nursing Home Negligence
If a nursing home fails to act in a patient's best interests and instead provides a patient with poor or inappropriate nursing care, the facility may be held liable for Chicago nursing home negligence. Unfortunately, because of their advanced age and/or poor health, nursing home residents are easy to take advantage of and they are at risk of becoming victims of Illinois nursing home abuse and neglect. Also, nursing home schemes are not as uncommon as we'd like to think.

Cashing in on frail patients, Chicago Tribune, April 18, 2010

Former CEO and Affiliated Physician Convicted in $565,000 Bribery and Kickback Conspiracy, American Chronicle, July 2, 2009

Related Web Resources:
AARP

Medicare.gov

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

Regulators in Illinois have begun the process of taking away an Aurora nursing home’s license. They’ve already fined Fox River Pavilion $30,000 for multiple violations and authorities have accused the suburban Chicago assisted living facility of not properly supervising its mentally ill, suicidal, and aggressive residents.

On December 17, nursing home patient Randall Moons died after getting involved in a brawl with another patient. The 57-year-old resident, who has schizophrenia and a history of violence, experienced heart failure after he allegedly assaulted his roommate, who said that no one responded for more than 20 minutes to his calls for help. The roommate sustained injuries to his mouth, nose, ears, as well as suffered a broken kneecap.

In an unrelated case, Fox River was cited for letting a mentally retarded patient eat napkins, latex gloves, toilet paper, and other objects. The resident ended up having to undergo surgery so the objects could be removed. The Aurora assisted living facility also reportedly let a suicidal resident have access to a razor blade. She used the blade to cut her arm and had to have 40 stitches.

In December, there were 26 felons living at Fox River Pavilion. Almost all of the nearly 100 patients living at the Kane County nursing home moved out last month. The steps to revoke Fox River Pavilion’s license comes one month after Somerset Place, a Chicago nursing home, was forced to turn in its license. Like Somerset Place, Fox River Pavilion has already lost its Medicaid funding for endangering patients’ lives. The Aurora assisted living facility has asked for a hearing to dispute the government’s findings that resulted in the revocation of this funding.

Inadequate Supervision
Failure to properly supervise nursing home patients can prove fatal if a resident has a history of violence, is mentally challenged, suffers from mental illness, is a wandering risk, or has special nursing needs. Inadequate supervision can be grounds for a Chicago, Illinois nursing home neglect lawsuit if injuries or deaths results.

Ill. moves to revoke Aurora nursing home's license, BND, April 26, 2010

Funds cut off to Aurora nursing home, Chicago Tribune, February 9, 2010

Related Web Resources:
Nursing Homes in Illinois

Medicaid Nursing Home 2010 Eligibility Rules and Asset Protection, Medicaid Asset Protection Plan

Continue reading "Illinois takes Action To Revoke Suburban Chicago Nursing Home’s License " »

In an effort to improve the quality of nursing care provided at assisted living facilities while decreasing the number of incidents of Illinois nursing home abuse, neglect, and patient violence, Governor Pat Quinn is proposing reforms that would increase the minimum staffing levels at nursing homes throughout the state.

Under current Illinois rules, assisted living facilities are required to give each resident at least 2 ½ hours of nursing care a day. This can be provided if there are about 31 licensed nurses and certified nursing aides for every 100 residents. Now, Governor Quinn wants each patient to receive more personalized nursing care.

Under his proposal, by 2014 each assisted living facility patient that needs skilled attention would get 4.1 hours of nursing care a day, while residents that require intermediate care would receive 2.8 hours of nursing care daily.

Considering that a number of national studies have found that improved care has been linked to giving patients more hours of nursing care, the Governor’s proposal is an interesting one. However, although many Illinois nursing homes are already meeting this higher standard, there are facilities, such as those that rely on Medicaid to survive, that do not have the money to hire more people.

According to the Chicago Reporter, Illinois for-profit nursing homes have the lowest average staffing levels compared to their counterparts in other US states. On the other hand, Illinois nonprofit nursing homes exceed the national average when it comes to the number of hours of nursing care that each patient receives.

Governor Quinn also wants to strengthen oversight while raising the fines and fees that would be imposed on Illinois assisted living facilities for nursing home violations.

Illinois Nursing Home Neglect and Abuse
While new regulations geared at providing better patient care is a positive step forward in the fight to prevent nursing home negligence, assisted living facilities are still responsible for making sure that patients are not harmed or neglected by nursing home workers. If you believe that nursing home negligence allowed your loved ones injuries, deteriorating condition, or death to occur, please contact our Chicago nursing home neglect and abuse law firm today.

Ill. nursing home reformers push for more staffing, PJStar.com, April 20, 2010

Governor: Nursing home staff levels too low, Northwest Herald, April 20, 2010

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

Illinois Department of Public Health

Barbara Snyder is suing La Salle County Nursing Home for its failure to protect a former 81-year-old resident from the sexual advances of a male resident. The patient, now deceased, is one of 10 female residents who were allegedly sexually abused by the male patient, who has a history of sexual misconduct. Most of the victims have dementia.

This is the third Illinois nursing home negligence lawsuit filed against the assisted living facility over the alleged sexual assault incidents. In October 2009, Henry Elzer filed a La Salle County nursing home abuse complaint seeking at least $250,000 for a female patient whose pelvic bone cracked during an incident with the same male resident. The following month, Marilyn Wig filed an Illinois nursing home neglect lawsuit on behalf of another female resident. Wig’s complaint sought $100,000.

Chicago, Illinois Nursing Home Sexual Assault
Sexual abuse is a crime—no matter who the victim or the perpetrator. It is disturbing to realize that many old, frail, and weak nursing home patients are left unprotected at assisted living facilities to the extend that they become easy prey for sexual offenders and abusers.

It is an Illinois nursing home’s responsibility to provide a resident with the proper nursing care and make sure that he/she does not become the victim of Chicago nursing home abuse, neglect, sexual assault (including rape, unwelcome fondling, or molestation), or other violent crimes.

Not only should residents be properly supervised, but assisted living facilities should make sure that sexual offenders are kept far away from other patients and that background checks are performed on prospective employees and patients to determine whether they have a criminal record and/or a violent past.

LA SALLE COUNTY NURSING HOME: Another suit filed over sex abuse, The Times, November 10, 2009

Third suit filed against La Salle County Nursing Home, News Tribune, April 17, 2010

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

Nursing home sexual violence: 86 Chicago cases since July 2007 — but only 1 arrest, Chicago Tribune, January 26, 2010

Maximo Hong Fajardo Jr., a 32-year-old certified nursing assistant, is charged with the murder of Barbara McIver. The 87-year-old nursing home resident died last month at the Convalescent Center Mission Street after Fajardo allegedly smothered her.

The first time that Fajardo Jr, a new employee at the assisted living facility, was given permission to spend time with the patients while unsupervised was on the day that McIver died. The alleged murder took place in front of other bedridden patients.

Fajardo Jr. is accused of then fleeing from the nursing home, carjacking two vehicles, attempting to steal a third car, and knocking down a cop while trying to avoid capture.

The nursing home worker, who doesn’t have a criminal record, pleaded not guilty to the criminal charge.

Chicago, Illinois Nursing Home Abuse
Nursing home workers are supposed to take care of patients. They aren't supposed to neglect, abuse, or harm them in any other way. Unfortunately, nursing home abuse and neglect and patient violence continue to be problems at many assisted living facilities, and it is the patients that suffer.

If your loved one was the victim of a violent crime committed by a nursing home worker, another resident, or anyone else at the assisted living facility, you may have grounds for pursuing a Chicago nursing home negligence lawsuit. Long-term care facilities are supposed to make sure that the workers they hire are properly trained, do not have a criminal record or violent tendencies, and are appropriately supervised.

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

Two families say negligent nursing care at Northwoods Rehabilitation and Extended Care Facility contributed to their parents’ deaths. Their allegations come after 14 of the facility’s nursing workers were charged with the neglect of a 50-year-old patient, who was allegedly left immobile for hours at a time. Not only are the defendants accused of failing to properly treat her bedsores, but they also allegedly did not give her medication or change her underwear. They are also accused of trying to cover up the nursing home neglect. However, surveillance footage shot over a six-week period as part of a state investigation in 2009 captured evidence to the contrary.

Now, Suzanne Gilday and her sisters are saying that their mother, Mary Ann Papielion, was also a victim of nursing home neglect while staying at the assisted living facility. Gilday says the nursing home workers left Papielion lying on a bedpan for almost an hour and accidentally administered medication to her from another resident’s inhaler. The sisters frequently had to change the 66-year-old woman’s bedsheets for her.

Three months into her stay at the nursing home, Papielion developed a UTI that turned into septic shock. She was hospitalized and died soon after.

Another family, Joseph Gruber’s relatives, say he also died because of nursing home neglect. The 78-year-old patient checked into the assisted living facility in September 2008 because arthritis caused him to experience limited range of movement.

Gruber, who was inserted with a urinary catheter, ended up in a hospital after a urinary tract infection turned into a septic infection. He had bedsores all over his backside from head to toe. A nurse at the hospital said that the former firefighter’s condition was typical for someone who had stayed at Northwoods. After Gruber’s death, his family was billed $120,000 for the nursing care he supposedly received.

Families allege poor care at facility, Timesunion.com, April 2, 2010

14 Charged With Nursing Home Neglect, Fox23, April 1, 2010

Related Web Resources:
Bedsores, MayoClinic.com

Septic Shock, Medline Plus

Nursing Home Abuse Overview, Justia

For many nursing home patients who cannot breathe without assistance, a breathing tube can serve as a lifeline. The tube is usually inserted into the trachea through the nose or mouth and attached to a ventilator or a manual resuscitator. Patients with breathing tubes usually cannot speak because the tube goes through the vocal cords. They will also likely have to drink and eat through a feeding tube or IV.

In addition to making sure that the breathing tube is properly inserted into a patient—improper insertion is an all too common error that happens—nursing home workers must make sure that the tube is regularly suctioned so that mucus is removed and doesn’t clog up the patient’s lungs. Nursing employees and caregivers also need to make sure that the patient’s ability to cough is not impaired and that his/her specific nutritional needs and hydration and humidity levels are addressed. Otherwise, health complications, including infection, can result.

Chicago, Illinois Nursing Home Negligence
It is imperative that the nursing home workers that are tasked with caring for patients with breathing tubes are properly trained and skilled at dealing with this particular medical device. Failure to monitor patients with breathing tubes for signs of distress, choking, pulmonary problems, or discomfort, and/or the failure to clear and clean the breathing tubes can lead to serious injuries, including traumatic brain injury, respirational pneumonia, serious distress, and even death.

You can sue an assisted living facility for Chicago nursing home neglect if the staff’s failure to provide the proper nursing care caused serious injuries, health complication, or fatality.

Related Web Resources:
Science news articles about 'breathing tubes', Esciencenews.com

Nursing Home Care, CDC

Continue reading "Chicago, Illinois Nursing Home Neglect Can Leave Patients with Clogged Breathing Tubes " »

The daughter of a woman who was the alleged victim of sexual assault is suing Chateau Village Nursing and Rehabilitation Center for Cook County nursing home neglect. Laura Swanson, who is the executor of her mother Georgiann Palmer’s estate, is seeking over $1 million in punitive damages and $50,000 in actual damages.

Swanson is accusing the Willowbrook assisted living facility of nursing neglect and “willful and wanton” conduct. In her Chicago, Illinois nursing home negligence lawsuit, the plaintiff alleges that her mother was sexually assaulted on May 7, 2009 by a fellow assisted living facility resident.

Swanson contends that even though nursing home employee Kim Frankenfield had determined that it was best not to admit Palmer’s alleged assailant as a resident—he had a history of propositioning others for sex and she concluded that the assisted living facility would not be able to properly care for him—the nursing home still decided to admit him in May 2009. The complaint claims that Frankenfield was fired for telling the authorities about her determination.

Palmer passed away of unrelated causes several months after the alleged sex assault.

Nursing Home Sexual Assault Crimes
Too many Cook County nursing home residents have become the victims of sexual and/or violent crimes involving fellow patients as the assailants. It doesn’t help that many residents are unable to care for themselves let alone fend off any kind of attack. Often, residents are physically unable to report what happened or they may be too scared.

It is a shame that nursing home patients are made vulnerable to becoming the victims of crimes at the very places that are paid to provide them with the care that they need. You can sue an assisted living facility if its workers’ failed to protect you or your loved one from Chicago, Illinois nursing home abuse, nursing neglect, or patient violence.

Lawsuit alleges sexual assault at Chateau Village, Pioneer Local, April 6, 2010

Related Web Resources:
Chateau Village Nursing and Rehabilitation Center

Nursing home sexual violence: 86 Chicago cases since July 2007 — but only 1 arrest, Chicago Tribune, January 26, 2010

An Illinois Appellate Court has gotten rid of a cap that limits how large of a fine the state’s Department of Public Health can impose on an assisted living facility that underperforms. The court’s decision overturns a Circuit Court ruling last year that imposed a $10,000 cap on nursing home fines. Before that fines high as $300,000 had been issued for inadequate nursing care. For now, however, the IDPH says it will keep imposing fines under $10,000 to avoid any legal problems.

Meantime, nursing home industry representatives have said that better nursing care won’t necessarily come about just because the IDPH is issuing higher fines. There are nursing home advocates that would like Illinois to impose a fine minimum between $25,000 to $50,000.

Our Chicago nursing home neglect lawyers want to remind you that regardless of whether or not the state fines an assisted living facility for negligent nursing care, you and your family may still be able to pursue a civil case to obtain damages for Chicago nursing home abuse or neglect or patient violence.

Bedsores, unexplained falls, malnutrition, dehydration, sepsis, elder financial abuse, poor patient hygiene, inappropriate restraint, sexual abuse or assault, choking injuries, clogged breathing tubes, emotional abuse, inadequate nursing care, medical malpractice, and medication mistakes are some of the many reasons why a nursing home resident may choose to pursue a Cook County nursing home negligence lawsuit against a Chicago assisted living facility.

Appellate court lifts ban on nursing home fines in Illinois, McKnight's Long Term Care News, April 5, 2010

Appellate court overturns cap on nursing home fines, The State Journal-Register, April 1, 2010

Related Web Resources:
Illinois Department of Public Health

Nursing Homes, City of Chicago

Continue reading "Cap on Fines Against Illinois Nursing Homes Lifted by Appellate Court" »

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

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

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

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

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

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

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

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

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

Nursing Homes in Chicago, Illinois

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

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

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

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

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

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

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

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

Compromised Care, Chicago Tribune

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

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

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

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

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

Common ways that people get norovirus:

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

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

What are Noroviruses?, CDC

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

Related Web Resource:
Illinois Department of Public Health

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

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

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

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

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

Nursing Home Transparency and Improvement Act

Patient Safety and Abuse Prevention Act

Elder Justice Act

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

Related Web Resources:
Health Reform

Nursing Home Safety Task Force, Illinois.gov

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

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

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

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

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

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

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

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

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

Related Web Resources:
Extended Care Clinical, LLC

Nursing Home Compare, Medicare.gov

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

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

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

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

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

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

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

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

Compromised Care, Tribune Watchdog

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

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

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

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

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

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

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

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

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

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

Aging Parents and Elder Care

Continue reading "Woman Who Went Missing from Chicago Nursing Home Commits Suicide" »

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

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

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

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

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

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

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

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

Nursing Home Care Act, Illinois General Assembly

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

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

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

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

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

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

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

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

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

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

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

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

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

Continue reading "One Out of Five Nursing Homes Consistently Earns Poor Ratings for Overall Quality" »

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

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

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

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

Continue reading "Nursing Home Abuse Lawsuit Filed by Four Alleged Victims of Former Teen Nursing Assistants " »

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

Continue reading "Four Danville, Illinois Nursing Homes Disagree with Low Ratings They Received from Medicare " »

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" »

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

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 " »

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

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

Continue reading "Nursing Home Worker Accused of Stealing Pain Medication Patches from Two Elderly Residents " »

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

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

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" »

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

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" »

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

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

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

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" »

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

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" »

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" »

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

Continue reading "Nursing Home Negligence: Illinois Officials Looking at Tougher Sanctions Against Nursing Home Administrators " »

Authorities are now charging Ardyce Nauden with first-degree murder. The 62-year-old Chicago nursing home resident was at first charged with aggravated battery of a senior citizen and attempted first-degree murder for allegedly punching a fellow resident on August 21. However, the victim, 72-year-old Andres Cardona, died on September 18. The two men resided at Columbus Park Nursing Center, an assisted living facility on the West Side. Cardona was in his wheelchair when the Chicago, Illinois nursing home assault incident happened.

Nauden, who authorities call a psychotic felon and has a history of aggressive behavior and drug convictions, is accused of using a closed fist to hit Cardona. He thought the other resident was stealing his food. Cardona was knocked unconscious. Earlier this month, the Cook County Medical Examiner’s Office ruled the 72-year-old’s death a homicide.

An investigation by Illinois health officials determined that although nursing home workers at Columbus Park documented Nauden’s aggressive and violent actions, they neglected to protect the other residents from him.

According to the Chicago Tribune, the Illinois Department of Public Health reports that two other alleged assaults, in addition to the Cardona assault, occurred at Columbus Park over a 90-day period. This figure is very different from the 11 alleged beatings that Chicago police say took place at the Chicago nursing home over the same time period.

Nursing Home Negligence
It is appalling that there are elderly and sick nursing home residents who have been assaulted, raped, or killed while staying at Chicago nursing homes because they were not protected from other patients who are mentally ill and/or who have violent tendencies. Moving into a nursing home should make a patient’s life better, not place them in harm’s way.

1st-degree murder charges in nursing home death, Chicago Breaking News, December 15, 2009

Cops: nursing home resident charged with murder, Sun Times, December 15, 2009

Related Web Resources:
Illinois Department of Public Health

Learn how to request police records on potential crime at nursing homes, Chicago Tribune

Continue reading "Chicago Nursing Home Patient Now Charged with Murder of Fellow Resident" »

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

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

The Chicago Reporter says that its analysis of information from the US Government Accountability Office shows that Illinois has more unsafe black nursing homes than any other US state. The GAO lists the nation’s 580 most dangerous nursing homes. The assisted living facilities were selected based on the most current inspection survey findings since December 2008.

According to The Reporter, 53 of the 580 nursing homes had primarily black residents. 12 of the black nursing homes are located in Illinois. Also, out of the state’s 51 primarily black assisted living facilities, 24% of the nursing homes are included on the federal list for the facilities with the worst records for safety. Only 5% of Illinois’s 685 primarily white assisted living facilities are on the list.

Nationally, according to The Reporter, black nursing homes make up 10% of the government’s unsafe assisted living facility list—even though they comprise just 5% of US nursing homes. Locally, almost 7 out of 30 Chicago nursing homes fall under the most dangerous assisted living facilities in the US list:

• All Faith Pavilion
• Alden Wentworth Rehab and Health Care Center
• Belhaven Nursing and Rehab Center
• Avenue Care Center
• Renaissance Park South
• Rainbow Beach Care Center
• South Shore Nursing and Rehab Center

None of the 45 primarily white Chicago nursing homes make the list.

Nursing Home Neglect and Abuse
As the loved one of a nursing home resident, it is important that you remove your loved one from a facility as soon as possible if you suspect that Illinois nursing home abuse or neglect is taking place. Nursing home negligence can seriously harm a patient and make his or her condition worse. Infected bedsores, physical injuries, trauma from sexual assault, severe malnutrition or dehydration, broken bones from fall accidents, and death are just some of the awful consequences.

Illinois leads nation with most unsafe black nursing homes, Chicago Reporter, December 2, 2009

Related Web Resources:
US Government Accountability Office

Nursing homes in Illinois

Continue reading "Illinois is US State with Most Unsafe Nursing Homes for Blacks, Says Chicago Reporter" »

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

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

Continue reading "Nursing Home Abuse: Worker Charged with Force Feeding Patient" »

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

Continue reading "Illinois Nursing Home Negligence Alleged in Wrongful Death of Resident Who Was Given Drug that Caused Her Skin to Peel Off" »

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

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

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 " »

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

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

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

Continue reading "Legionnaires’ Disease is Cause of Two Deaths at Chicago Nursing Home" »

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 " »

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

Continue reading "DuPage County Nursing Home Accused of Neglecting Patients" »

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

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" »

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

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 " »

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 " »

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

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

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 " »

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

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

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

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

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

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

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

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 " »

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

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

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

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

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

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

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

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" »

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

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" »

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

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

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

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

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" »

A new study from the Rush University Medical Center in Chicago reveals that elder abuse more than doubles the chances of seniors dying earlier, while self-neglect increases the chances of early death by six times. The study’s finding can be found in the Journal of the American Medical Association’s August 5, 2009 issue.

Dr. XinQi Dong, who is the study’s author, and a number of colleagues observed 9,318 Chicago seniors, all above the age of 65, that were taking part in the Chicago Health and Aging Project. They studied the seniors from 1993 to 2005. During this time period, social services received 113 reports of elder abuse and 1,544 reports of self-abuse. 4,306 participants died within seven years.

The study also found that seniors who were abused were twice as likely to die as seniors that were not abused. Dong noted that the studies findings indicate that self-neglect and abuse lead to the kind of physical deterioration that results in death. He says that usually this kind of mortality risk is associated with acute conditions, such as heart attacks. Dong emphasized the importance of preventing elder abuse and that reporting any incidents as soon as they happen can lead to medical intervention.

Dong noted that it is a misconception that only elderly people with dementia and Alzheimer’s are prone to neglect their own care.

Elder Abuse
Elder abuse endangers the victim’s physical, mental, and emotional states. Yet The National Center on Elder Abuse reports that at least 1 out of every 20 nursing home patients is abused or neglected, while acknowledging that this estimate is likely lower than what is the actual reality. 57% of nursing home workers admit to either having seen or committed nursing home abuse and neglect. The U.S. Centers for Disease Control and Prevention says that between 1999 and 2002, nursing home neglect was a contributing factor in almost 14,000 patient deaths.

Elder Abuse Linked To Early Death, News Inferno, August 6, 2009

Elder Abuse, Neglect Make Early Death Far More Likely, US News & World Report, August 4, 2009

Related Web Resources:
National Center
on Elder Abuse

Warning Signs of Elder Abuse and Neglect

Continue reading "Fighting Chicago Nursing Home Negligence: Elder Abuse and Self Neglect Increases Odds of Early Death, Says Study" »

A nursing assistant at the Manor Pines Nursing & Rehabilitation Center has been arrested and charged with nursing home abuse. Eronie Deverlus allegedly used her closed fist to strike a female resident on the face. The victim is 65.

Deverlus had entered the female resident’s room to change her socks. Another worker at the nursing home reports hearing yelling and then walked in just in time to allegedly see the nursing assistant hit the patient’s face. When questioned about her actions, Deverlus is said to have responded that the resident had assaulted her first.

The elderly victim has dementia and Parkinson’s disease. Deverlus was let go from the nursing home following the alleged abuse incident.

If convicted of the felony crime, Deverlus could be sentenced to a maximum prison sentence of five years and ordered to pay a fine.

Nursing home residents who have Parkinson’s disease and/or dementia many not always know what they are doing. According to a 2006 article published in SeniorJournal.com, each week approximately 88,000 nursing home residents become physically aggressive as a result of their conditions.

Nursing home workers assigned to work with these patients should know this and must have the proper training necessary to care for these residents. Striking or inflicting any kind of abuse on a patient is not an acceptable strategy for dealing with an aggressive nursing home resident. This is called nursing home abuse and can be grounds for a Chicago nursing home negligence lawsuit against the home and/or the abusive nursing home worker.

Wilton Manors nursing home assistant faces abuse charges, Miami Herald, August 5, 2009

Violence by Dementia Patients in Nursing Home Associated with Key Factors, Senior Journal, June 27, 2006

Related Web Resources:

Continue reading "Nursing Assistant Charged with Nursing Home Abuse Allegedly Punched Resident’s Face" »

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

Continue reading "Nursing Home Negligence Allegations Leads to $1,450 Fine" »

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

Continue reading "Nurse Pleads No Contest to Nursing Home Neglect" »

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

Continue reading "Nursing Home Fall Accident Involving 93-Year-Old Resident is Under Investigation" »

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

Continue reading "Illinois Officials Appeal Sangamon County Judge’s Decision Limiting Nursing Home Fines to $10,000" »

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

Continue reading "Nursing Home Sexual Assault: Employee Charged with Raping Patient" »

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

Continue reading "Woman Files $2.9 Million Elder Financial Abuse Lawsuit Against Nursing Home Owner" »

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

Continue reading "Nursing Home Compare System Garners Mixed Reviews" »

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

Continue reading "Nursing Home Abuse: 92-Year-Old Nursing Home Resident Claims that Nurse’s Aide Assaulted Him" »

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

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

Continue reading "Chicago Home Health-Care Nurse Knew Cerebral Palsy Teen was Victim of Neglect " »

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

Continue reading "Two Chicago Nursing Homes Receive 5-Star Ratings Despite Fire Deficiencies" »

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

Continue reading "Chicago Nursing Home Abuse Law Firm: IDPH says Male resident sexually abused 10 La Salle County Nursing Home female patients " »

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