Chicago Nursing Home Abuse Lawyer Blog

A Harvard, Illinois woman is suing a Chicago nursing home for her mother’s wrongful death. Jennifer Bowden says Sacred Heart Home was negligent for failing to prevent her mother’s fatal fall accident.

Kathleen Koch, 61, fell in a stairwell at the long-term care facility. The nursing home accident caused her to break her back, sustain head injuries, and become paralyzed. She died eight months after the fall accident.

Bowden’s Chicago nursing home negligence lawsuit contends that workers should have better supervised her mother, who was suffering from schizophrenia and bipolar disorder. Even though the Chicago nursing home knew that Koch was mentally ill, her room was not located close to a nurse’s station and the elderly woman managed to go into the stairwell without supervision.

Chicago nursing home workers are obligated to properly supervise their residents. Some patients may require more supervision than others, and it is up to the nursing home to find out about each resident’s condition and determine how much care and attention he or she needs to stay safe. Some residents may be prone to fall accidents, wandering off the premise, or becoming disoriented, and they may need help getting around. Failure to provide the proper supervision can lead to injury accidents.

The nursing home must also properly supervise workers to make sure that they do their jobs correctly and that they do not abuse or neglect their patients. Otherwise, inadequate supervision of nursing workers could lead to personal injuries or the deterioration of a resident’s health.

According to Medicaid’s Nursing Home Compare ratings, the Sacred Heart Nursing Home received an overall 3 out of 5 stars, which is considered “Average.” The 172-bed Chicago nursing home received 3 out of 5 stars for Health Inspections, 5 stars for Quality Measures, and 1 star for Nursing Home Staffing.

Woman sues nursing home, Northwest Herald, June 12, 2009

Sacred Heart Home, Nursing Home Compare, Medicare.gov

Related Web Resources:
Falls in Nursing Homes, CDC

Sacred Heart Home, Chicago, Illinois, Hospital-Data.com

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Posted In: Fall Accident , Nursing Home Abuse and Neglect , Wrongful Death

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A second wrongful death lawsuit has been filed against the Angel Arms Family Group Home related to the deaths last June of two men that were staying at the care facility. The two men that died were 42-year-old Thomas Calhoun and his roommate John Jones, 79.

The plaintiffs contend that both men, who were roommates and suffering from mental illnesses, were left unsupervised for a considerable length of time in extremely hot weather. As a result of being left unattended in more than 90-degree heat, they both died. Jones’s body temperature was reportedly 105 degrees when he was found unconscious.

According to the coroner, both men were takings medication that made them vulnerable to heat. The group’s home director, Pam Shay, says that air conditioning was too costly, so instead, the windows were kept open to let air into the home. She also had planned to purchase fans. The state has taken away her license.

Calhoun’s family filed their wrongful death complaint this week. Jones’s family filed their nursing home neglect complaint last December.

According to findings from a January 2008 inspection of the group home, the facility had committed 29 violations, which included failure to adequately train staff—one worker wasn’t trained and the other worker had only undergone four hours of training over the past year—and the failure to provide a healthy and clean environment. State officials noted dirty dishes in the sink, food stains on the carpets, missing ceramic tiles in the kitchen, piles of rugs in the laundry room that were considered a fire hazard, cobwebs, and beds with soiled sheets. In May 2008, officials that conducted a follow-up investigation found that the violations had been corrected.

2nd wrongful death suit filed against group home, WTOL11.com, June 9,2009

State reveals South Toledo group home had 29 violations, Toledo Blade, June 19, 2008

Related Web Resource:
Heat Stroke Can Sneak Up and Kill, CNN, July 28, 1999

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Posted In: Nursing Home Abuse and Neglect , Premises Liability , Wrongful Death

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The families of the 23 nursing home residents that died in a bus fire during Hurricane Rita will receive $80 million for their wrongful deaths. The plaintiffs had accused Sunrise Senior Living Services of McLean, the owner of the nursing home Brighton Gardens, of negligence due to its alleged failure to properly screen Global Limo Inc, which provided the bus that proved to be unsafe.

The nursing home residents were killed in 2005 when the bus that was evacuating them from Hurricane Rita caught fire. According to the National Highway Traffic Safety Administration, insufficient lubrication of a rear axle was the probable cause of the deadly bus accident. The axle overheated and caused the wheel well to catch fire, which then spread onto the bus.

Among the defendants that settled were bus maker Motor Coach Industries, axle and rear wheel assembly designer ArvinMeritor Inc, component maker SKF Industries, Global Charter, the Bus Bank, Global Limo, Valley Volvo, and K & S Towing. The families of the deceased nursing home workers claim that MCI and the component manufactures were aware that there was a defect in the hub and axle system that could cause personal injuries.

There are other defendants that have yet to settle the wrongful death claims against them and a civil trial is scheduled for September.

Nursing Home Negligence
If someone you love died while under the supervision of a nursing home because the long-term care facility failed in some way to provide the proper care and protection, you may have grounds for filing an Illinois nursing home neglect complaint for personal injury or wrongful death. In the event that other parties can be held liable, you may also be able to sue for Illinois personal injury or wrongful death.

Settlement over Hurricane Rita bus fire brings closure, Chron.com, June 4, 2009

Hurricane Rita Bus Fire Families Settle Lawsuits, CBS11tv.com, June 4, 2009

Related Web Resource:
Hurricane Rita Evacuee Bus From Texas Explodes, Firehouse.com, September 23, 2005

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Long-term care operator Extendicare of Wisconsin has come under fire again with two new nursing home neglect lawsuits naming the company as a defendant. In Madison Circuit Court, the estate of nursing home resident Kimberly Hamilton is suing Extendicare for her wrongful death. The complaint accuses one of Extendicare’s nursing homes of negligent care, resulting in mental and physical injuries and eventually death to Hamilton.

The wrongful death lawsuit also accuses the long-term care facility of not practicing acceptable standards of care and failing to maintain a safe environment. The complaint is seeking a jury trial to determine legal and medical costs, as well as punitive damages. Some 56 complaints were received in 2007 involving 26 residents at the Kenwood nursing home where Hamilton resided.

In another nursing home neglect lawsuit, the sister of a nursing home resident who sustained brain damage when her tracheal tube got clogged with mucous is suing Extendicare. The 49-year-old patient died a few months after the incident occurred.

Norene McPherson's nursing home neglect lawsuit comes after a federal judge dismissed a class action case against Extendicare Health Services, Extendicare Homes, Inc, Fir Lane Terrance Convalescent Center, Inc., and 15 Extendicare facilities in Washington State.

The class action plaintiffs had claimed that the long-term care company had misrepresented the quality of services it could provide current and past residents who were at the facility from 2004 to 2008. McPherson’s elder abuse attorney, however, has been quick to point out that just because his client’s case was not going to be addressed as part of a class action did not mean that she still can't receive compensation via the civil court system.

In the last few years, Extendicare, which owns more than two dozen nursing homes, has received citations numerous times for serious care violations. Meantime, a number of residents and/or their families continue to file complaints targeting the long-term care company for alleged nursing negligence.

Elder Abuse Complaint Filed Against Extendicare, Fox Business, March 31, 2009

Nursing home suit alleges negligent care, Richmond Register, April 1, 2009

Related Web Resources:
Extendicare

Elder Abuse, Helpguide.org

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An 87-year-old woman died on Friday in a hit-and-run accident after she had fled the nursing home where she was staying. Now, the family of Florence Warren say they plan on suing the Good Samaritan Skilled Nursing and Rehabilitation Center for wrongful death for allowing her to escape the premises.

Warren was relocated to the nursing home this month so she could be placed in a locked-down ward that was supposed to be secure. Warren, who was suffering from the early stages of dementia, had a record of fleeing care facilities and her daughter says that the nursing home was made aware of this. Warren was also was in physical pain because of her osteoporosis.

According to police, Warren managed to disable an alarm located on the sliding glass door in her nursing home room and then walked up the long driveway to the road. Someone later saw her lying on the road. She was transported to a hospital where she died from her injuries. The driver of the vehicle that struck Warren has not been apprehended.

Not only are US nursing homes supposed to make sure that patients are not injured or abused while staying at a long-term care facility, but they are supposed to make sure that residents are protected from other elements that could cause physical harm. For example, while security measures must be in place to make sure that no one hurts the resident staying at a nursing home, safety measures must also implemented to make sure that nursing home residents do not leave the premises unsupervised.

Many nursing home patients are at a home to begin with because they require constant, supervised care. Failure to provide this ongoing attention and medical care to a nursing home resident can be grounds for a nursing home neglect lawsuit.

Family of hit-and-run victim to sue nursing home, ChronicleOnline.com, March 17, 2009

Related Web Resources:
Dementia, Medline Plus

Dementia: What are the Common Signs?, Family Doctor.org

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A bill before the Illinois General Assembly would let state regulators return fines paid by nursing homes for abuse or neglect if they use the money to improve patient care. However, Senate Bill 321 is generating outrage from opponents.

According to Wendy Meltzer, the director of the Illinois Citizens for Better Care in Chicago, it takes away the “financial disincentive for bad behavior.” Meltzer is questioning the morality of giving back fine money that an Illinois nursing home had paid for abusing, neglecting, or causing the wrongful death of a patient.

Illinois Senator Dan Kotowski, who sponsored the bill, says this is a way to make sure that the nursing homes fix the problems that caused such incidents to occur in the first place. Following a meeting with the bill’s opponents earlier this month, however, Kotowski said he is open to changing the legislation.

Meltzer says most nursing home fines are too small to really affect an Illinois nursing home’s financial well-being. In 2007, Illinois nursing homes were fined $3.5 million. According to Public Health spokesperson Melaney Arnold, nursing home fines generally range from $10,000 to $300,00 for violations. The llinois Department of Public Health can impose state finds but it can only recommend federal fines.

The bill also calls for taking away funds from a special Illinois fund that pays for Public Health monitors and receivers. Monitors stay at nursing homes where there have been problems to observe patient care, while receivers take temporary charge of Illinois nursing homes that are “in trouble” because of the poor care they’ve provided.

Meltzer argues that nursing homes are there to provide a certain standard of care to patients and that they shouldn’t have to require a refund of their fine to finally begin providing the kind of care that is mandated by Illinois law.

Nursing Home Care
Illinois nursing homes are in business to provide elderly and sick residents with the proper medical care and attention that they need. They should be fined and cited anytime a nursing home patient gets injured, his or her condition deteriorates, or he or she dies because workers were neglectful, abusive, or reckless and the nursing home violated its duty of care to the resident.

Opponents of nursing home bill outraged, Sj-r.com, March 7, 2009

Who Regulates Nursing Homes?, Illinois Department of Public Health

Relate Web Resource:

Illinois Citizens for Better Care

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Posted In: Nursing Home Abuse and Neglect , Nursing Home Regulations , Wrongful Death

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The children of a 79-year-old female nursing home resident who died in November 2007 are suing a nursing home for her wrongful death. Valeree Espinoza and David Vestal claim that while their mother Shirley Marion Renner died from lung ailments and a heart attack, her death was actually caused by the poor nursing care she received, which caused her health to deteriorate.

Their wrongful death complaint contends that nursing home neglect lead to Renner suffering from dehydration, malnutrition, and bed sores, which where poorly treated. The nursing home neglect lawsuit also claims she experienced emotional and physical pain, abandonment, desperation, anguish, helplessness, shock, spinal injuries, neck injuries, missing and broken teeth, bruises, fear of death, and eventually, death. She also may have been administered psychotropic medication that had an adverse affect on her ability to be lucid.

During the two years that Renner lived at the nursing home, her daughter says that her weight went from 110 pounds to around 92 pounds.

The nursing home where she was residing eventually changed ownership and soon after, her family moved her to a different facility. While the new nursing home owners claim that they did not take over supervision at the home until nearly a month after Renner was discharged, the plaintiffs’ attorney contends that the new nursing home owners had responsibility over the patients and their care when they took over the long-term care home.

Negligent Nursing Care
When nursing home workers fail to do their jobs correctly and a resident suffers as a result, the patient and his or her family may be entitled to nursing home neglect compensation. The reason that nursing homes exist is to make sure that a sick or elderly resident gets the specialized care that he or she needs. Abusing or neglecting a nursing home patient is a crime and a violation of his or her rights. Failure to treat bed sores, medication errors, poor diet, and failure to maintain a patient's hygiene are some examples of nursing home neglect that can lead to health complications and even the death of a patient.

Nursing home sued for wrongful death, Appealdemocrat.com, March 4, 2009

Related Web Resources:
Deadly Neglect, ReadersDigest.com

Nursing Home Overview, Medicare.gov

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Police have charged a former nursing home worker with the death of a patient with cerebral palsy. Robert Young died on November 12, 2007 while staying at the care facility Standifer Place. While the county medical examiner did not perform an autopsy initially because he was told that the cerebral palsy patient died when he had a seizure that caused him to fall and fracture his skull, Young’s family members were suspicious about the reported cause of death.

Young’s body was exhumed last year. Autopsy findings showed that he actually died form blunt force trauma to the head. Young’s sister sued the nursing home and the state’s Department of Human Services for his wrongful death, accusing them of working together to conceal her brother’s actual cause of death and for over a month, failing to notify his relatives that he had died. The agency says it tried to notify Young's next of kin but was unable to reach them. The agency designed and carried out its own plans to bury him.

Last week, Walter Small, who worked as a certified nursing assistant for the nursing home, was charged with criminally negligent homicide related to Young’s death. Small had been fired soon after Young’s death.

Young’s sister is seeking at least $30 million from the US nursing home and $900,000 from the Department of Human Services. The family is accusing them of “negligence” in the wake of the nursing home resident's death.

Caring for a nursing home patient is a huge responsibility. Nursing homes must make sure that the workers they hire are not dangerous persons who are liable to cause injury, abuse, death, or neglect to a resident. If a resident is harmed in any way while staying at a long-term care facility, the nursing home can be held liable for personal injury, wrongful death, nursing home abuse, or nursing home neglect.

Chattanooga: Man charged in death of nursing home patient, Times Free Press, March 7, 2009

Former Nursing Home Worker Charged in Death, Newschannel9.com, March 6, 2009

Related Web Resources:
Read the Complaint (PDF)
Senate Special Committee on Aging

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A woman whose mentally disabled brother choked to death while eating dinner at a Tinley Park facility in February 2008 has filed a Chicago wrongful death lawsuit against the state of Illinois and a doctor at the Howe Development Center. Evelyn Kasprak’s complaint accuses Dipankar Banerjee, the facility’s on-duty doctor at the time of the incident, and other staff members of failing to clear Kenneth Kasprak’s breathing or attempting to revive him with CPR after food got stuck in his throat dinner and he began to choke.

Kenneth, who was using medication that made him more prone to choking, had choked on other occasions, and Evelyn’s Chicago wrongful death attorney says Banerjee should have known that the 67-year-old patient might choke again. Her Chicago wrongful death lawsuit also accuses the state of Illinois of failing to train two of the Howe workers who were on duty at the time of the choking accident on how to use an emergency system. Attempts to revive the mentally disabled patient reportedly did not occur until the paramedics arrived at the scene minutes later.

Also named as defendants in the Chicago wrongful death complaint are the two Howe staffers, the Illinois Department of Human Services, and DHS Secretary Carol Adams. Kasprak, whose mental disabilities included a mood disorder, lived at the Tinley Park facility for 11 years.

Some 300 people with severe developmental disabilities reside at Howe. The Tinley Park facility and its mental health center have come under fire over the last couple of years. Howe lost its federal funding in 2007 for providing substandard patient care. Last September, the DHS said that it was planning to shut down the facility in July 2009.

Family of Howe resident files wrongful death lawsuit against state, Southtown Star, March 3, 2009

Tinley Park facility sued in patient's choking death, Chicago Tribune, March 3, 2009

Howe Developmental Center in Tinley Park to close, Chicago Tribune, September 5, 2008

Related Web Resources:
Read the Complaint (PDF)

State-Operated Developmental Centers, Illinois Department of Human Services

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According to authorities, Illinois workers at the Arbor of Itasca long-term care facility ignored the sound of the security door alarm on the night that Sarah “Sally” Wentworth wandered out of the facility and froze to death outside. Wentworth’s daughters are suing the Chicago nursing home for wrongful death. Now, investigators are considering whether to file criminal charges against some of the workers.

One nursing home worker is suspected of barely glancing up when the door alarm, triggered by Wentworth’s electronic bracelet, went off early in the morning on February 5 because she was busy watching “Dog the Bounty Hunter.” She could be charged with criminal neglect.

Now, Illinois law enforcement officers are saying that nursing home workers may have covered up the circumstances surrounding Wentworth’s death by putting her back in her bed to make it appear as if she died in her sleep. Wentworth, a Chicago resident, was placed in the home because she suffered from dementia and numerous other complications.

While police were told she passed away while sleeping, authorities that arrived at the scene noticed that Wentworth was wearing a hospital gown instead of pajamas and had been placed on a gurney with an oxygen machine connected to her. All nine nursing home workers were interviewed by investigators who say they noticed that some of them gave conflicting reports. Authorities say obstruction of justice may be another criminal charge that could be filed.

Yesterday, the Arbor of Itasca confirmed that the nursing home workers that are under investigation for their alleged involvement in the elderly resident's death have been suspended.

Illinois Nursing Homes
There are specific protocols and procedures that must be followed by each Chicago nursing home. When failure to follow these regulations and steps leads to injuries or the death of a patient, the nursing home and its workers could be held liable for nursing home neglect, nursing home abuse, or wrongful death.

Suspensions come at Itasca nursing home, Daily Herald, February 20, 2009

Nursing home employees suspended, may faces charges in death, Daily Herald, February 19, 2009

Charges expected in nursing home resident death, ABC, February 18, 2009

Related Web Resources:

Arbor of Itasca

Illinois Department of Public Health

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A state investigation is accusing a US nursing home of being at fault in the death of a 91-year-old woman. Gladys Gall was living at the Presbyterian Homes in Arden Hills last year when she sustained a neck fracture.

Gall had advanced osteoporosis, which made her a fall risk. She needed the help of nursing staff to perform many daily tasks. She was also known to resist their help.

On April 18, 2008, she was taken to a hospital emergency room after she said she was experiencing neck and head pain. An imaging scan showed she was suffering from a neck fracture. The elderly patient, however, couldn’t remember how she sustained the injury.

When asked, nurses at the long-term care facility were unable to explain why she had what is called a hangman’s fracture. A neurosurgeon who has been helping with the investigation into Gall’s death, however, says the only way she could have sustained such a fracture was if she experienced trauma to her body. Gall died on April 28, 2008.

Also among the investigation’s findings:
• The fracture could only have been sustained during a fall accident or another violent incident.
• Even if Gall fell by herself, someone would have had to help her get up, which means that someone knows what happened to her but is refusing to tell investigators.
• The nursing home was at fault in the elderly patient's death because she sustained a serious injury while at the facility.

Presbyterian Homes in Arden Hills did not receive a citation for violating any federal or state nursing care standards because it conducted a complete investigation into Gall’s death and trained workers again so that they are now required to report fall accidents and other incidents.

Neck Fracture
A neck fracture usually involves at least one break in a person’s cervical bones. This is a serious fracture than requires immediate medical attention. It can result in paralysis or death.

Certain factors can put a person at higher risk of sustaining a neck fracture, including:
• Age
• Osteoporosis
• A decrease in muscle mass
• Head injury
• Another kind of traumatic injury

Nursing home abuse and neglect can seriously harm a resident and cause his or her health to rapidly deteriorate. US nursing homes are required to provide patients with a certain standard of care and they can held liable for personal injury or wrongful death if they fail to do so.

Arden Hills nursing home found at fault in death of woman, 91, with neck fracture,
Twin Cities, February 14, 2009

Neck Fracture, Aurora Health Care

Related Web Resources:
Elder Abuse, Helpguide.org

Nursing Home Abuse Overview, Justia

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In Illinois, the family of Sarah Wentworth is suing the Arbor of Itasca, a Chicago suburb nursing home for her wrongful death. Wentworth died last week after she froze to death outside the long-term care facility.

The 89-year-old woman had been a resident at the long-term care facility for two years. Wentworth had dementia, and her family thought they had placed her in a nursing home where she was getting the care she needed.

She was found outside the nursing home in subfreezing temperatures on February 4. She was scantily clad and in her bare feet.

Her family is wondering how an elderly woman who couldn’t get out of bed without assistance managed to go through two doors and pass a nurse’s station to go outside. Wentworth’s walker was reportedly still in her bedroom and a security ankle bracelet she had on should have sounded the alarms when she walked through the doors.

In her family's Chicago nursing home neglect lawsuit, the plaintiffs are accusing the Chicago nursing home of “gross neglect” due to its failure to properly supervise the elderly woman and provide her with proper medical attention. The Illinois Department of Public Health is investigating the cause of her death and police are working with DuPage County prosecutors to determine whether criminal charges need to be filed.

If law enforcement officials find that nursing home staff purposely covered up what occurred, a felony charge of obstruction of justice could apply. Already, there is conflicting information coming from nine of the nursing home workers who were working the day Wentworth went outside.

Recently, the Arbor of Itasca was given a one star rating for quality of care by the Centers for Medicare and Medicaid Services. This rating, which signifies “much below average,” is the lowest rating that the federal agency can give a US nursing home.

During the Chicago nursing home’s last yearly inspection, the state of Illinois found 22 violations, including failure to treat patients with bed sores and failure to keep the long-term care facility free of hazards that could cause injury to residents.

Nursing home neglect is a crime and grounds for a civil lawsuit against all negligent parties.

Family sues Itasca nursing home after woman dies, Daily Herald, February 12, 2009

Nursing Home Death A Warning To Other Families, CBS2Chicago.com, February 11, 2009

Related Web Resources:

The Arbor of Itasca

Centers for Medicare and Medicaid Services

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The family a woman that died after eating Salmonella-tainted peanut butter at a nursing home is suing the peanut butter manufacturer for her wrongful death. Shirley Mae Almer, 72, died on December 21, 2008.

The defendants in the wrongful death lawsuit are Peanut Corporation of America and King Nut Companies. The complaint contends that the defendants neglected to safely make, package, and distribute the peanut product, correctly supervise and train employees, create and maintain the appropriate standard of hygiene at the peanut product plant, properly test its products, and ensure that cross-contamination did not occur.

The Salmonella contamination has led to the recall of hundreds of products that may contain peanut products from the manufacturing plant. Already, there have been reports liking the tainted peanut products to 8 deaths and over 500 incidents of Salmonella food poisoning. More than 100 people have required medical attention.

Food in Nursing Homes
Ilinois nursing homes are supposed to make sure that the food they provide residents is clean and free from any harmful bacteria that could make patients sick. It is also the responsibility of nursing homes to make sure that they cater to the special dietary needs of any residents. Failure to fulfill these duties could be grounds for an Illinois nursing home neglect lawsuit.

The Atlanta Legal Aid Society offers a list of food and nutrition requirements that US nursing homes should adhere to, such as:

• Serving food in an sanitary manner.
• Making sure meals satisfy each residents dietary needs.
• Hot food needs to be served hot and cold foods should be served cold.
• Providing three meals a day.
• Allowing no more than 14 hours to pass between dinner and breakfast.
• Providing assistance to any resident that needs help eating or drinking.
• Making sure that residents eat their food and drink enough that they don’t become dehydrated.

First Wrongful Death Lawsuit Filed In Salmonella Outbreak Linked To Peanut Corporation Of America, Medical News Today, January 29, 2009

Food and Nutrition Issues In Nursing Homes, Atlanta Legal Aid Society

Related Web Resource:
Salmonella typhimurium, Resource Center for Biodefense Proteomics Research

Salmonellosis, Centers for Disease Control and Prevention

Continue reading "Nursing Home Resident Dies from Salmonella Outbreak and Family Sues Peanut Manufacturer for Wrongful Death" »

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A 48-year-old certified nursing home assistant who has been charged with a felony for allegedly punching an elderly nursing home resident in the mouth says the incident never happened. The resident, 94-year-old Vera Talbott, sustained injuries during the alleged 2007 nursing home assault incident. Karen S. Buck and Williamsburg Village nursing home deny that the incident occurred. Buck is scheduled to stand trial in April. In civil court, Talbott’s daughter, Jenette Sloan, is suing the Indiana nursing home and Buck for wrongful death allegedly caused by nursing home negligence.

Talbott was admitted to the nursing home after suffering a stroke. Sloan, who visited her mother daily, says that during one visit, she noticed that her mother’s face was red, she appeared to be drugged or nearly unconscious, and she wouldn’t touch her food.

Sloan says that at first, nursing home workers wouldn’t tell her what was wrong. After she left the facility, however, a nurse contacted her and told her that the nursing home was sending Sloan to the hospital because she had been hit by a nurse.

Sloan says a police officer told her that the nurse had slapped and slugged her mother a few times, which left the 94-year-old with facial bruises and a black eye. Sloan says that her mother had spit on the nurse because she had sores on her feet that hurt whenever anyone would put socks on them.

The alleged assault incident took place in June 2007. In September 2007, Talbott passed away. Her estate filed a wrongful death lawsuit alleging that the brutal beating she received from Buck, as well as the nursing home’s negligence resulted in physical ailments, health complications, and ultimately, her wrongful death.

According to the nursing home’s executive director, Ben Wells, an investigation by the state, the attorney general’s home, the ombudsmen, and police found that the allegations against Buck could not be substantiated and the prosecutor at first was not going to press charges. A felony battery charge, however, was filed against her in February 2008. Buck has pleaded not guilty. Wells says Buck has not worked at the Williamsburg Village nursing home since June 2007.

Patient Assault
Physical assault, sexual assault, verbal abuse, or emotional abuse of a nursing home patient by a nursing home worker is illegal and can be grounds for a nursing home abuse or wrongful death lawsuit.

Nursing home caregiver facing battery charge, The Star Press, January 25, 2009

Signs of Nursing Home Neglect, Elder Abuse Foundation

Related Web Resource:
National Center on Elder Abuse

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The three daughters of an 84-year-old woman are suing a US nursing home for her wrongful death. Alice Laverne Britton was a resident at Asbury Place nursing home from 2005 until April 2008. Britton’s daughters claim that the nursing home’s repeated negligence contributed to their mother’s death.

Their wrongful death lawsuit claims that the nursing home:

• Failed to get their mother the proper nutritional care that she needed and that she was severely dehydrated and malnourished when she died.
• Failed to properly prescribe and monitor Britton’s medication and that because of this, their mother experienced severe internal bleeding.
• Failed to properly treat her bedsores until her condition became severe.
• Allowed two unskilled student workers at the nursing home to carry their mother, who they dropped. As a result, Britton sustained a broken femur that allegedly was not treated immediately.

Britton was put in hospice care in May 2008. It was at this point, her daughters claim, that the nursing home surrendered its duties and allowed their mother's health to “rapidly deteriorate.”

Asbury Inc Executive Director Teesa Brown disputes the daughters' claims of negligent care. Brown says the nursing home provided appropriate care to Britton. Britton’s daughters are seeking $3 million in compensatory damages and $10 million in punitive damages for her wrongful death.

Nursing Home Negligence
A nursing home patient’s health can rapidly deteriorate if he or she does receive the appropriate care. If your loved one has exhibited sudden weight gain or loss, develops decubitus ulcers, becomes unresponsive or depressed, or exhibits poor grooming or hygiene, he or she may have become the victim of nursing home neglect. Nursing home abuse or neglect can result in personal injuries or the wrongful death of a nursing home resident.

Asbury Place Faces $13 Million Suit, The Daily Times, January 24, 2009

Signs of Nursing Home Abuse and Neglect, Times of the Internet, January 4, 2009

Related Web Resource:
Asbury Place, Maryville

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The son of a 72-year-old nursing home resident is suing Golden LivingCenter-Greeley home for his father’s wrongful death. Kevin Cole’s lawsuit, filed in federal court, is seeking at least $75,000 because he says severe thirst, due to nursing home abuse and neglect, was the cause of Dean Cole’s death in January 2007.

Dean was admitted to the nursing home in December 2006 because he was suffering from dementia and required full-time nursing care. The 72-year-old had only been at the home for 3 weeks when his brain and kidneys shut down.

A state Department of Health probe found the nursing home to be “in neglect” of Dean. While staff workers reportedly noted that the elderly patient wouldn’t eat or take his medicines (he didn't eat 15 out of 24 meals that were served to him), nutritional supplements that the nursing home’s dietary manager recommended for Dean were never ordered.

Staff members were about to send Dean to a hospital behavioral unit, after he became combative and agitated, when he fell into a coma. On January 21, 2007, Dean died of severe dehydration, kidney failure, and pneumonia.

Kevin Cole’s wrongful death lawsuit says that because nursing staff members abused and neglected Dean, he lost 20 pounds and 10 liters of water during his brief stay at the home. Kevin is also accusing the nursing home of failing to tell doctors about his father's drastic weight loss.

Feeding Patients with Dementia
According to Dr Susan Aldridge, it is not uncommon for dementia patients to have feeding problems, which is why they may need the help of nursing home workers to make sure they get the nutrition they need. Failure to properly feed and hydrate a nursing home resident can be detrimental to his or her health.

Stillwater nursing home sued over man's death, Star Tribune, December 30, 2008

Son Claims Dad Died of Thirst in Nursing Home, MSNBC.com, January 2, 2009

Related Web Resource:

Dementia Symptoms

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A jury has ordered a US nursing home to pay a woman $1.25 million for her father’s wrongful death. Melvin Raybon died in 2004 after suffering from an infected bed sore caused by nursing home negligence. He became a resident at the Tucker Nursing Center in 2002. Nine months after his admission, he was sent to the hospital for treatment of a bed sore on his left buttock.

The wrongful death lawyer for Raybon’s estate says the home did not have enough staff members to provide the 67-year-old with the proper care so he could be turned over every two hours to prevent bed sores from occurring. After the hospital stabilized his infection, Raybon’s condition deteriorated, and he suffered from malnutrition, more bed sores, and infections leading up to his death.

According to the Agency for Healthcare Research and Quality:

• In 2006, 503,3000 patients who were admitted to US hospitals were suffering from bed sores.
• This figure is a dramatic increase from 1993, when only 281,300 hospital patients were treated for the same condition.
• The majority of patients suffering from bed sores were seniors, 65 years of age or older.
• According to the American Hospital Association, the increase in bed sores may be due to the increase in elderly patients being admitted to US hospitals.

Bed sores can lead to serious health complications for nursing patients, especially for those who are sick or frail. Nursing homes are responsible for making sure their workers turn bedridden patients on a frequent basis—every two hours is recommended—so that infections don’t arise.

Hospitals Face a New Epidemic: Bedsores, New York Times, December 8, 2008

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There are over 100,000 nursing home residents living in 1,200 Illinois nursing homes. While the state of Illinois doesn’t require county coroners to investigate all deaths that occur at these care facilities, some coroners want the state to pass a law making this a requirement.

One suggestion is that such a law could require nursing homes to notify coroners when a resident has died. The coroner would then have to investigate the cause of death, as well as determine whether nursing home abuse or neglect was a factor.

In Morgan County Coroner Jeff Lair makes it a point to investigate all deaths that occur in nursing homes. For example, he was able to determine that 87-year-old Bernice Mulch, who lived her last three years at Sky View Terrace nursing home until she died in 2001, may have been the victim of nursing home neglect due to the nursing staff’s failure to give her regularly prescribed antibiotics to treat an arm infection. Mulch’s friend John Whalen, who was legally in charge of her care and visited her at the Illinois nursing home every week, said he never noticed any signs indicating that nursing home workers were neglecting the elderly resident.

Out of 3,669 Illinois nursing home deaths that occurred between July 1, 2007 and June 30, 2008, coroners reported eight suspicious nursing home deaths in which state investigators were only able to confirm nursing care issues.

The Illinois Department of Public Health conducted a yearlong pilot project involving coroners from the following counties: Champaign, Kane, Lake, Lee, McHenry, Effingham, Kankakee, LaSalle, Mclean, and Morgan. The program encouraged coroners to investigate whether nursing home abuse or neglect was a factor in any nursing home resident’s death. While coroners reported 14 suspicious deaths, the state of Illinois was not able to verify every case. Lair says that it is not a time consuming task for an Illinois coroner to investigate each nursing home resident death.

In Cook County and many other Illinois counties, medical examiners and coroners don’t have to investigate a nursing home resident’s death unless criminal activity is suspected or the deceased’s family calls for an investigation.

Boone says nearly all nursing home deaths probed, SJ-R.com, December 7, 2008

Not all nursing home deaths receive scrutiny, SJ-R.com, December 7, 2008

Related Web Resource:

Nursing Homes in Illinois, Illinois Department of Public Health

Nursing Home Abuse and Neglect

Continue reading "Some Coroners Want Illinois to Pass Law Require Investigations into All Resident Deaths For Signs of Nursing Home Abuse or Neglect " »

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In Cook County Circuit Court, the daughter of an elderly woman who died after being attacked while staying at an Illinois nursing home is suing Lexington Health Care Center of Streamwood and nursing home resident Vonda Messino for her wrongful death. The lawsuit accuses Messino of attacking Mary Ann Flynn at the nursing home on November 24, 2006, while contending that the assault incident either contributed to or caused Flynn’s death.

Flynn sustained bruises in the attack and suffered a stroke before dying. She was a resident at the Illinois nursing home because she was suffering from hypertension, dementia, and chronic obstructive pulmonary disorder.

According to the Illinois wrongful death lawsuit, Messino had threatened Flynn with violence on several occasions. The threats were made in front of nursing home staffers who were aware that Messino possessed an inclination for violence.

Flynn’s daughter is accusing nursing home workers of nursing home negligence. Her lawsuit cites their alleged failure to protect Flynn from neglect and abuse, failure to notify Flynn’s family in a timely manner about the attack, failure to let them know that her condition had changed, and failure to hire nurses who had the proper training to supervise residents so that they wouldn’t attack other residents. The lawsuit also claims that properly trained nurses would have known to transfer Flynn to a medical hospital for her protection.

In addition to claiming battery, Flynn’s daughter is seeking over $250,000 plus interest and costs.

Nursing Home Residents Attacking Other Residents
Illinois nursing home staffers are supposed to protect residents from assaults—whether by staffers, other residents, or others. A 2004 article on Findarticles.com about the health care industry says data gathered by the Centers for Medicare & Medicaid Services reports that some 80,000 US nursing home residents exhibited aggressive behavior the week before they were assessed with the Minimum Data Set.

A resident at a nursing home who exhibits violent tendencies can pose both a physical and psychological threat to other residents. Nursing homes can be held liable for premises liability, personal injury, or wrongful death if the residential care facility fails to take the proper measures to protect residents and others on the premise from becoming the victims of violent crimes.

Streamwood nursing home death sparks lawsuit, The Courier News, November 22, 2008

When residents attack residents, FindArticles.com, August 2004

Related Web Resources:

Lexington Health Care Center of Streamwood

Nursing Homes in Illinois, Illinois Department of Public Health

Continue reading "Streamwood Nursing Home is Defendant in Illinois Wrongful Death Lawsuit" »

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The Illinois company that previously owned The Pavilion of Forest Park has pleaded guilty to the felony gross neglect of a Long Term Care Facility Resident, which is a Class 4 felony conviction. Forest Park, LLC was the owner of the nursing home when 48-year-old Shirley Massey was a resident there from May 2002 until her death four months later.

In September 2005, a Cook County grand jury indicted the nursing home operator and Dr. Jason Garti, the homes former medical director and wound care physician, with the gross neglect of Shirley Massey. Following Forest Park LLC’s guilty plea, a Cook County Circuit Court judge ordered the company to pay $75,000 for prosecution and investigation expenses, as well as a $25,000 fine. Judge James Schreier also sentenced the company to 30 months conditional discharge.

Illinois Attorney General Lisa Madigan vowed to continue filing criminal charges against any nursing home companies that are guilty of nursing home neglect or abuse. The charges against Forest Park, LLC stem from an investigation into the circumstances surrounding Massey’s death. According to Court testimony, the 48-year-old woman was taken to the Loyola Hospital emergency room when bedsores were discovered on her body. There was also tissue damage to her bones. Hospital workers said this was the worst case of decibitus ulcers they had ever dealt with.

By pleading guilty to gross neglect, the Illinois nursing operator was acknowledging responsibility when Dr. Garti failed to provide Massey with standard care because he did not properly examine her and come up with a plan to take care of her condition.

Bedsores
Bedsores commonly affects nursing home residents, many of whom are forced to lie in bed for long periods of time because of their deteriorating condition or poor health. With the proper care, bedsores are preventable.

Guilty plea in nursing home neglect case, Chicago Breaking News, November 17, 2008

Former Nursing Home Operator Guilty of Neglect, Illinois Attorney General

Related Web Resources:

Bedsores, Health A to Z

Pressure ulcers, Nursing Home Abuse and Neglect

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An 84-year-old nursing home resident who was attacked by a fellow resident has died. Raul Saldivar sustained a skull fracture after another nursing home resident came into his room on Friday night and started hitting him with some medical equipment. Saldivar died on Monday.

According to investigators, the alleged attacker thought that he had entered his own room and that Saldivar was occupying his bed. The 48-year-old man was transferred to a mental health facility after the attack. The district attorney’s office is evaluating whether to press criminal charges against him.

Unfortunately, crimes at nursing homes are not uncommon. The Web Site, Everyblock.com, compiles a list of crimes at Chicago nursing homes. Incidents in the last three weeks alone have included:

• 3 incidents of simple assault
• 4 theft crimes
• 7 incidents of simple battery
• 2 incidents involving aggravated battery

Other crimes that can occur at nursing home include nursing home abuse, neglect, sexual assault, rape, and murder.

Nursing homes are supposed to create a safe environment for residents. When failure to put in place and enforce the proper security measures allows a nursing home resident or visitor to become the victim of a violent crime, the home can be held liable for premises liability, personal injury, or wrongful death.

If you or someone you love was attacked, assaulted, or robbed by another nursing home resident, a nursing home staffer, or another person at an Illinois nursing home, it is important that you report the incident to police immediately.

Man dies after attack allegedly by fellow nursing home resident, Chron.com, November 11, 2008

Crimes by place: Nursing home / retirement home, Everyblock.com

Related Web Resources:

Nursing homes advised to report crimes to law enforcement, The Norman Transcript, November 8, 2008
Breaux: Nursing home crimes underreported, CNN.com, March 4, 2002

Continue reading "Nursing Homes Must Create An Environment Where Residents Are Protected From Violent Crimes" »

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The daughters of a man who died last year after being diagnosed with malnourishment, a urinary tract infection, and advance-stage bedsores are suing the Chicago nursing home where he resided for nursing home neglect. Stanley “Ted” Dancy was admitted to Washington Heights Nursing Home after doctors recommended that he undergo rehabilitation for an illness. Just one month after being admitted to the home, he was take to Mt. Sinai Hospital where his pressure sores and other symptoms were identified and treated. He was then admitted to a different nursing home.

According to Charlotte Parnell, one of Dancy’s daughters, her father’s condition was so far gone after he left the hospital that he was never able to recover. Dancy died on December 12, 2007.

In their Illinois nursing home abuse lawsuit, Parnell and her sister Delorise Darcy-Johnson are accusing the Chicago nursing home of contributing to their father’s death. They claim that the negligent care that Dancy received at the home led to the injuries he sustained leading up to his death.

Pressure Sores
Also known as bedsores, pressure sores occur to a particular part of the body that has experienced prolonged pressure and poor circulation, causing tissue and skin to break down. The skin initially turns red and is irritated until open sores develop. A pressure sore can lead to the destruction of bone and muscle.

There are four stages used to diagnose and treat pressure sores:

Stage 1: The skin remains red even after the pressure has been alleviated.
Stage 2: Layers of skin are gone. The pressure sore looks like an abrasion or blister.
Stage 3: No more skin remains on the sore and tissue is exposed.
Stage 4: Skin and tissue loss leads to exposure of muscle and bone.

Nursing home residents who are the victims of neglect have been known to suffer from malnutrition or sustain bedsores and UTI’s. If you suspect that your loved one is a victim of nursing home neglect, it is important that you take immediate steps to remove him or her from the Illinois residential care facility.

Sisters sue nursing home over death of father, The Daily Journal, November 6, 2008

Pressure Sores, Medline Plus

Related Web Resource:

Washington Heights Nursing and Rehabilitation Center

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In Madison County, Illinois, a wrongful death settlement has been reached between Wood River nursing home VIP Manor and the daughter of a woman that died at the home in 2004.

Alinda Rust had filed her wrongful death lawsuit against VIP Manor in Madison County Circuit Court in May 2006. Rust’s lawsuit alleges that her mother. Viola Baehler, died from malnutrition, dehydration, and sepsis four months after being admitted to the home. The suit also says that Baehler suffered physical pain, mental trauma, impairment, and disfigurement, and that she sustained medical expenses for these injuries prior to her death. The nursing home has denied all allegations.

The Illinois wrongful death settlement was reached between the two parties in mediation, which is now a mandatory step in Madison County for all medical malpractice cases, including those involving allegations of nursing home abuse or neglect. The Illinois Supreme Court approved the mandatory mediation rule last year.

If your elderly loved one has died in a nursing home and you suspect that the cause of death was nursing home abuse or neglect, you should speak with an Illinois wrongful death law firm that is experienced in dealing with nursing home abuse and neglect cases.

Unfortunately, nursing home abuse and neglect is an all-too common occurrence. A recent report issued by the inspector general of the Department of Health and Human Services found that over 90% of US nursing homes violated federal health and safety standards in 2008.

The report also found that 17% of nursing homes had deficiencies that could result in immediate jeopardy or harm to residents. Common problems at nursing homes included medication errors, bedsore infections, malnutrition, nursing home neglect, and nursing abuse.

Out of the 37,150 nursing home complaints that the department received last year, 39% of the complaints were substantiated and 1/5th of the complaints involved nursing home abuse or neglect.

Mandatory mediation rule helps avert wrongful death trial, Madison St. Clair Record, October 9, 2008

Violations Reported at 94% of Nursing Homes, New York Times, September 29, 2008
90 percent of nursing homes in violation, UPI, October 2, 2008

Related Web Resources:

US Department of Health and Human Services

Nursing Home Care Act, Illinois General Assembly

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The daughter of a man who died at the Schwab Rehabilitation Center in Chicago is suing the facility for his wrongful death. Martin Kaplan's health deteriorated after breaking his hip in a fall accident while being transferred onto a wheelchair. He died three months after being admitted to the home.

The Chicago wrongful death lawsuit, filed on behalf of Cydney Kaplan in Cook County Circuit Court, alleges that negligent care by the rehab center led to the 67-year-old’s death. Kaplan was admitted to the center in September 2007 after he had his leg amputated.

His doctors determined that he would need the help of two staff members and a mechanical lift during transfers because he was at risk for falls and accidents. The next day, a certified nursing assistant tried transferring Kaplan onto a wheelchair without any assistance. The nurse used a slide board instead of a lift. Martin fell, fracturing his left hip and femur.

Kaplan underwent surgery for his broken hip and femur at Mt. Sinai Hospital. The injuries, however, caused him to be immobilized and he developed a pressure ulcer on his sacrum, pneumonia, sepsis, and respiratory failure. Kaplan died in December 2007. Two months after his death, the Illinois Department of Public Health cited the facility for improper nursing care.

Fall accidents can lead to serious injuries, especially for elderly people. Unfortunately, fall accidents do occur at nursing homes and other care facilities. Falls at nursing and rehabilitation centers have included:

• Workers dropping patients while moving them to and from beds and wheelchairs
• Patients falling from beds
• Slip and fall accidents
• Trip and fall accidents

Lawsuit: Negligence at Rehab Center led to Death, WBBM, September 30, 2008

Related Web Resources:

Minimizing risk in the nursing home, Bnet

Schwab Rehabilitation Hospital

Illinois Department of Public Health

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In Morgan County Superior Court, the daughter of a man who died at Golden Moments Senior Care Center in Jacksonville, Illinois is suing the nursing home, a nurse, two doctors, and other nursing home employees for wrongful death.

Bruce A. Hopley died at the nursing home in 2006. Hopley, then 51, suffered from diabetes and had paid numerous emergency visits to hospitals in the past after experiencing erratic blood sugar levels and seizures. Upon Hopley's admission into the home in August 2006, family members warned staffers about his health. 19 days later, on September 17, Hopley was found dead just one hour after staff members at the home recorded that his blood sugar level was high.

Golden Moment’s current nursing home administrator says that the hospital was not at fault with the quality of care it gave Hopley. The 18-count Illinois nursing home neglect lawsuit names the home, Doctors Marshall Hale and James Bohan, former nursing home administrator Glen Miller, nurse Cathy Mariage, Gary Weintraub, Melvin Siegel, a dietary manager, The Emes Limited Partnership, Skyview Nursing Associates Limited Partnership, Mavin Inc. of Morgan County, and Chicago Title Land Trust Co. as the defendants.

The wrongful death lawsuit is seeking the maximum monetary award allowed for each count.

Diabetes
Diabetes is a chronic disease. In many cases, a person afflicted with diabetes must monitor (or have his or her symptoms monitored) regularly to make sure that complications do not arise. Diabetes can lead to kidney failure, blindness, heart disease, infections, and death.

Nursing home workers are supposed to make sure that residents get the care that they need. Failure to provide patients with the proper care can be grounds for an Illinois nursing home abuse claim or wrongful death lawsuit if injuries or death occurs.

Lawsuit alleges wrongful death at nursing home, Jacksonville Journal Courier, September 18, 2008

Related Web Resources:

National Diabetes Information Clearinghouse

Jacksonville, Illinois Nursing Homes, CiteHealth.com

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In Illinois, a judge refused to drop any of the criminal charges against the former supervisor of the Woodstock Residence nursing home. Penny Whitlock was indicted on seven charges—including two felony charges of obstructing justice and five counts of criminal neglect—related to several deaths that occurred at the McHenry County nursing home in 2006.

An investigation by the Illinois Department of Public Health found that Marty Himebaugh, one of the nurses at the home, may have purposely overdosed a number of patients with morphine. According to workers at the home, patients were given excessive doses of morphine because Himebaugh thought they had lived long enough or considered them too much trouble to take care of.

After Whitlock found out about the nurse’s behavior, she reportedly told the nurse she could be the home’s “Angel of Death.” The indictment against Whitlock also accuses the former supervisor of failing to report the first suspicious death (of Derek Magnus), which allegedly allowed for three more residents to die from morphine overdoses.

Whitlock has denied all the charges against her. Her attorney tried to get three of the criminal charges dropped against her on the grounds that Illinois law does not allow a defendant to be accused of neglecting someone because of neglect against someone else. Judge Joseph Condon, however, said the issue isn’t about whether the abuse of one resident led to the abuse of the other victims. Rather, the question is whether or not Whitlock failed to report the alleged nursing home abuse.

Himebaugh, who was indicted on six felony charges, has also pleaded not guilty.

Two Illinois wrongful death cases have already been filed related to morphine overdose deaths at Woodstock Residence. In the first nursing home abuse lawsuit, Vicki Lund is suing WHRC & RC Inc, Whitlock, Himebaugh, and Woodstock Residence Administrator Alissa Nataupsky for her mother Virginia Cole’s death due to alleged morphine overdose.

Sharon Hunt filed the second wrongful death case after her son John Sherman also died of an alleged morphine overdose while staying at the nursing home. Hunt is also suing Doctor Gurbax Saini, Seasons Hospice, and a registered nurse practitioner Kathy Gallias.

Woodstock Residence is now called the Crossroads Care Center of Woodstock and is under new ownership.

Court upholds charges against supervisor in 'Angel of Death' case, DailyHerald.com, September 29, 2008

Second wrongful-death suit filed in 'angel of death' case, Northwest Herald, October 6, 2008

Related Web Resources:

Illinois Department of Public Health

Nursing home gets new name, Northwest Herald, April 21, 2008

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The estate of a 77-year-old Chicago nursing home patient who died after being beaten to death by his roommate has filed a wrongful death lawsuit against the facility. Ivory Jackson's estate is seeking $50,000 in damages from the All Faith Pavilion nursing home because Jackson, who had Alzheimer’s, was housed with a roommate who was mentally ill. The Cook County coroner said his death was caused by an infection and injuries after he was struck in the head during an assault.

Jackson’s roommate, Solomon Owasanoye, has been charged with first-degree murder. He reportedly suffers from dementia.

Premises Liability
Property owners and managers are supposed to make sure that their premises are secure so that visitors, residents, and patrons will not become the victims of any kind of crime. When inadequate security and precautions result in someone’s injury or death, the party in charge of the premise can be held liable under Illinois’s premises liability law if he or she could have done more to prevent the crime from happening.

Some crimes that can occur on a premise due to inadequate security measures:

• Sexual assault
• Assault & battery
• Rape
• Robbery
• Break-ins

Owners and managers of nursing homes, schools, college dorms, clubs, hotels, restaurants, and other premises where people live or frequently visit can be held responsible for crimes committed by third parties on their property.

Suit filed by estate of man fatally beaten in nursing home, ChicagoTribune.com, July 14, 2008

Lawsuit filed in nursing home beating death, WHITV.com/AP, July 15, 2008

Related Web Resource:

Man Charged With Murder For Nursing Home Beating, MyFoxChicago.com, June 28, 2008

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

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

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

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

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

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

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

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

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

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

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