Chicago Nursing Home Abuse Lawyer Blog

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

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 " »

We all make mistakes, even doctors from time to time and it's good to admit it when we make a mistake. In fact, a recent report on medical mistakes from the National Academy of Sciences' Institute of Medicine, concludes that 44,000 to 98,000 Americans die each year not from the medical conditions they checked in with, but from preventable medical errors. But when it comes to doctors, a recent study suggests they're more likely to say it's important in theory to disclose a medical error to patients than they are to actually 'fess up'.

Only 41 percent of physicians surveyed said they had actually disclosed a minor medical error they made, and just 5 percent said they had revealed a major error during their career. Moreover, 19 percent said they had made a minor medical error but not disclosed it; 4 percent said they had made a major error and not disclosed it. Apparently, most healthcare providers are taught that admitting mistakes when they occur and compensating patients reduces the funds available for patient care.

In another study, 98 percent of patients surveyed desired admission of even minor mistakes. Moreover, patients were more likely to consider a lawsuit if mistakes were not disclosed. In fact, for moderate mistakes, 12 percent of the patients surveyed would consider a lawsuit for disclosed mistakes; on the other hand, 20 percent of the patients would consider a lawsuit if mistakes were not disclosed but were discovered by the patient in another way.

The new Michael Moore movie "Sicko" exemplifies the failure of physicians to admit their mistakes. A physician testified before congress that that several years ago she refused a life saving operation for a child because the insurance company offered to send her to Hawaii in exchange for her denial of care. The child died but the insurance company saved thousands of dollars. She never informed the family of her actions and only testified after the time to file a lawsuit had expired.

This is another sad example of placing profits over people and this is the exact reason why you should pursue your legal rights whenever possible.

In the last three years there were 248,000 preventable hospital deaths in the United States. Interestingly, the most wrongful deaths due to hospital mistakes occur during the night shift. In fact, a study found that babies born late at night were 16 percent more likely to die than those born in the daytime. There are several reasons why hospitals are more dangerous at night.

First, nighttime surgery is usually emergent and there are only skeleton crews working. As a result, you are less likely to be treated by a specialist or top surgeon.

Second, fewer nurses and doctors means less experience. Since workers with seniority get the first choice of daytime positions, the night shift is often staffed with nurses, nursing assistants and lab technicians with little experience. In addition, usually less than conscientious workers find it easier to go unnoticed at night.

Finally, fatigue is a major contributor to night shift errors. Hospital staffers generally work long hours and fatigue tends to be worse at night. Researchers found that people who had worked 24-hour shifts had the equivalent performance level of someone legally intoxicated.

To best protect yourself, compare the hospitals in your area before you are admitted. In addition, you can prevent some hospital errors by asking certain questions, especially at night. Ask the name of your night nurse and insist on the same nurse caring for you throughout the night. Make note of any staffers that stand and express your concerns to him or her. Lastly, if you are uncomfortable with the care you are receiving, ask a relative or friend to spend the night with you.

In 2006, Chicago based A.D.R. Systems of America, LLC., resolved over 1,100 cases through the use of mediation and arbitration. Malman Law resolves 98% of all cases before trial with the help of this process. Many of the top personal injury lawyers in Chicago utilize mediation and arbitration to resolve cases. This is evidence that the aggressive use of mediation and arbitration to settle personal injury cases is growing rapidly. These are voluntary meetings agreed to by the parties, as opposed to those connected with the court system. The process is private and confidential.

I have successfully resolved many types of cases through the use of mediation and arbitration including, auto accidents, truck accidents, medical malpractice, nursing home neglect, construction accidents, slip and falls, accidental shootings, dog bites and other personal injury matters.

Mediation is a dispute resolution process where a neutral party, usually a retired Judge, helps to negotiate a settlement for a case. There is usually no live testimony at a mediation. The parties have total control over the outcome of the mediation and decisions are made after being informed of all information available. At a mediation the parties are not required to agree to a settlement, it is completely the parties own decision.

Arbitration is similar to a trial but is faster, less expensive and final. In an arbitration, the parties submit, usually to a retired Judge, all of the evidence to prove a case. This includes live testimony as well as written documentation. The Judge then renders a final binding decision. Sometimes, the decision can be controlled with a "high/low" agreement. This means that the parties can agree to the least amount that a party can recover and the most amount a party can recover. This allows for a range of expected recovery.

My many years of experience has taught me that the keys to alternative dispute resolution (A.D.R.) are preparation, patience and an open mind. I am always willing to listen to what someone has to say if it is in my client's best interest. See you out of court!

We recently forced a Chicago nursing home to settle a case for severely neglecting an elderly resident. The case involved a nursing home resident who was placed in a bed with out siderails. Our client fell out of the bed and came to rest on an iron block heater. As a result, he sustained a severe leg burn causing ulcers to develop. Eventually, the residents legs were amputated.

All nursing home residents have the right to be free from abuse and neglect. At Malman Law , we concentrate in protecting those rights. Today there are over 65 million peple in the United States over the age of 65. According to best estimates, between 1 and 2 million of these elders have been abused or neglected.

Unfortunately, most residents are never informed that they may have rights concerning falls, fractures and bed sores. It is important to exercise those rights since a nursing home will not inform you, or your family, of the right to pursue a claim against them.

There is no requirement that a nursing home inform a resident of neglect. We believe that when a nursing home becomes aware of neglect, the staff should have the obligation to inform the resident and family of their rights. Moreover, the State should be informed of the neglect and allowed to investigate any allegations by the resident or family.

In this case, we forced the nurses and staff to step forward and admit their neglect. If you or a loved one are in a nursing home you have an obligation to protect and pursue your rights. The protection of the elderly is of paramount importance at Malman Law and we will continue to fight for their rights.