Chicago Nursing Home Abuse Lawyer Blog

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

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

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

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

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

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

Former Nursing Home Operator Guilty of Neglect, Illinois Attorney General

Related Web Resources:

Bedsores, Health A to Z

Pressure ulcers, Nursing Home Abuse and Neglect

Continue reading "Forest Park, Illinois Nursing Home Operator Pleads Guilty to Felony Gross Neglect in Patient’s Death " »

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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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Posted In: Premises Liability , Wrongful Death

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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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Posted In: Medical Malpractice , Nursing Home Abuse and Neglect , Personal Injury , Wrongful Death

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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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Posted In: Medical Malpractice , Nursing Home Abuse and Neglect , Personal Injury , Premises Liability , Wrongful Death

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