Illinois Nursing Home Abuse Blog

Our Illinois Nursing Home Neglect Attorneys Settle Case Against Ballard Nursing Center for $860,000

Mon, 06 Feb 2012 06:08:59 -0600

Not long ago the Illinois nursing home attorneys at our firm settled another case on behalf of a family whose loved one died at the Ballard Nursing Center in Des Plaines, Illinois. The case stems from an incident that occurred in mid-October of 2008, leading to the man’s death. According to information that came out during investigations into the passing, it was learned that Illinois nursing home neglect contributed to the resident’s death at the facility at only sixty one years old.

The resident entered the facility on October 17th to receive skilled long-term care. When he was admitted to the facility he had a tracheostomy tube intact. These tubes are catheters that are inserted into a patient’s mouth to ensure that the airways are opened and that the patient is able to breathe. Many seniors with various conditions, particularly those who are discharged directly from the hospital into the nursing home, need to have these tubes working properly to survive.

Unfortunately, in this case the negligent nursing home did not provide proper care for this resident. The resident died the very next day after his arrival at the home because his tracheostomy tube was not properly placed. The problem with the tube caused the man to suffer subcutaneous emphysema (where air gets under the skin)—he lost the ability to breathe and passed away.

Investigations into the incident revealed that the problem was two-fold. Not only was the tube improperly placed in the patient’s body, but once the problem was noticed, caregivers failed to abide by basic levels of care to fix the problem. Had they acted reasonably, the resident’s life would have been saved. For example, the respiratory therapist who was caring for the resident did no assess and reassess the man’s oxygen level, even after it fell to levels that should have clearly indicated a problem. In addition, when a problem was noticed, instead of trying to fix the resident’s tracheostomy tube, the therapist used an Ambu-Bag to try to restore his breathing. On top of that, it wasn’t until 30 minutes later that emergency responders were finally called to provide much-needed help. Unfortunately, by that time it was too late. The poor care and time delay caused the man to suffocate to death.

As often happens in these cases, eventually the man’s family began suspicious about the level of care their loved one received just prior to his death. There were many red flags in this case, as neglect is often present when one passes shortly after arriving at a facility—in this case, the very next day. The family contacted our Illinois nursing home lawyers and we filed suit to hold the negligent facility accountable for the conduct that took the man’s life. Last year the case was settled for more than $860,000. This amount was determined, in large part, by the available insurance funds at the facility’s disposal. Not all nursing homes have insurance, but those that do have insurance may have limits on the coverage amount. For example, in this case, the limit was $1 million. In addition, the limit was declining the longer that the case went on, because defense attorney fees were deducted from the policy limit.

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Chicago Nursing Home Lawyers at Levin & Percoti Settle Neglect Case Against Hampton Plaza & Rehabilitation

Sun, 05 Feb 2012 06:00:11 -0600

A few days ago an Illinois nursing home neglect attorney at our firm announced that we had reached a settlement on behalf of a 67-year old woman who died after care she received at Hampton Plaza and Rehabilitation. We filed the Illinois nursing home neglect lawsuit after the resident was severely burned at the facility a few years ago in a smoking accident. She died from her wounds about a month after the smoking accident occurred.

After an investigation into the incident it was learned that the senior was either attempting to smoke or playing with her lighter while she was in the bathroom at Hampton Plaza. While she was there with the lighter her clothing accidentally caught fire. The fire spread and caused third degree burns throughout her lower extremities and second degree burns on her hands and abdomen. The senior never fully recovered from the burns, and she died about a month later from complications from those injuries.

The lawsuit filed by our nursing home neglect lawyers on behalf of the resident’s Special Representative and Special Administrator, explains that the facility failed to develop a proper care plan which would have addressed the senior’s unsafe smoking and risk of harming herself. The case settled last month for $675,000.

Nursing homes in these situations have an obligation to keep their residents safe. That includes making sure that the resident’s environment is void of situations that present unsafe risks. For example, in this case, the nursing home care providers continued to allow the resident to have her own lighter and cigarettes. This was the case even though the woman’s physician had explicitly ordered otherwise. The woman was actually on a program to stop smoking, and she was using a daily nicotine transdermal patch. Beyond the doctor’s orders, the staff was also aware that the woman had a habit of being an unsafe smoker. She had previously been found to smoke in undesignated areas and risk her own health and safety. Yet, despite these concerns the woman was allowed to continue the unsafe conduct until it ultimately led to her death.

Smoking accidents in nursing homes is a surprisingly common (and preventable) cause of harm. Our Chicago nursing home neglect attorneys know that stories similar to this one pour in on a consistent basis explaining how residents have been severely injured and died because caregivers failed to properly account for the risks that smoking presents. It is particularly disturbing that the problems continue even after those charged with caring for the senior are made explicitly aware of the risk.

The law is reasonable in requiring these facilities to take basic action to prevent against known risks. If a resident is known to smoke and has difficulties which might make smoking dangerous, then it is logical for caregivers to step in. When they do not step in and harm results, the law demands accountability and redress. If you know a loved one that has been hurt in one of these actions, it is important to seek out legal help. Seniors and their family members should be able to count of these homes to prevent tragedies like the one that happened here. When they don’t it is necessary for full responsibility to be taken so that future victims are spared.

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The Growing Need For Elder Abuse Shelters

Sat, 04 Feb 2012 06:00:59 -0600

An article in last month’s NAPSRC Newsletter touched on a unique issue that has implications for those suffering from Illinois elder abuse. The newsletter was published by the National Adult Protective Services Resource Center, which is a group connected to the United States Department of Aging. The newsletter article discussed the potential need for elder abuse shelters. This concept is likely unfamiliar to many community members who do not usually think of the elderly as needing abuse shelters.

The Illinois elder abuse lawyers at our firm time and again have seen cases of horrific mistreatment involving those in one’s own living space—either a family member, so-called friend, tenant, or other individual. For example, the newsletter shared the story of an 86-year old woman named Violet. Violet had moderate dementia, and she had difficulty moving around without a walker. However, she was still able to live in her own home. Violet had an extra room in her house that she rented out to make extra money. At one point she rented out the room to a young male student who attended a university that was nearby.

Not long after the student moved in, few of Violet’s friends noticed some changes. The woman’s behavior seemed to be a little off. In addition, they saw what looked to be bruises on her arms and neck. At one point Violet was brought to a local emergency room for a broken wrist. It was then that the potential elder abuse was reported to local officials. Investigations into the situation revealed that she was being physically abused by her tenant.

This same situation occurs in various forms throughout the county each day, with abuse by live-in family members, visiting friends, neighbors, and others who feel that the vulnerable senior makes an easy target. When these cases arise there is often the immediate problem of where the senior can go while the situation is sorted out. For example, after the emergency room trip Violet could certainly not go back and live with her abuser. However, it is not always possible to immediately force the accused aggressor to move. Instead, our Illinois elder abuse attorneys know that what is needed is some sort of emergency space for the senior to go temporarily. Regular domestic violence shelters are rarely prepared to handle the unique needs faced by abused seniors. The senior may be suffering from mental confusion and likely have unique medical needs.

That is why some senior health organizations are working with local assisted living facilities and other institutions to create temporary elder abuse shelters. What often happens is that the senior living facility agrees to take on the senior in their extra space just so long as other arrangements can be made. This offers the best approach to having spaces which can provide services to seniors who are often physically frail while still being able to accommodate crisis situations where there is little or no warning. All local communities should consider putting some of these elder abuse shelter plans in place to help seniors who find themselves in this situation.

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New Abuse Allegations Against Nurse at Public Nursing Home

Fri, 03 Feb 2012 06:00:48 -0600

All manner of excuses are often made to cover up Illinois nursing home abuse and neglect. Of course those who perpetrate the abuse are often willing to do or say anything to avoid being held accountable for their conduct. Similarly, administrators and those who manage these facilities are always worried about the bottom line, and so they skirt around concerns about low staffing and lack of protocol which leads to preventable accidents. Sadly, many trusting residents and their family members believe the steadfast denials and misconceptions set forth by those responsible for mistreatment. Each Illinois nursing home neglect lawyer at our firm knows that many cases of abuse are never actually brought to light because of the silence of those who are in a position to stand up and demand accountability.

In most instances those involved do not stand up because they desperately do not want to believe that their loved one has been the victim of nursing home neglect. At other times, the family members of victims have suspicions but decide to push them aside. Visiting with a nursing home abuse lawyer and pursuing legal redress often seems like an arduous and unnecessary process. However, we repeatedly stress that it is absolutely necessary in many cases. The very reason that mistreatment continues in nursing homes in our area and throughout the country is specifically because it is deemed cost-effective for these facility owners to create environments where abuse and neglect is likely to occur. It is only when they are forced to make changes to improve the circumstances for everyone can make a real dent in eliminating the mistreatment once and for all.

Fortunately, every day we read more stories about family members who are taking a stand and demanding accountability. For example, WLBT News reported this week on an adult daughter who is using Facebook to show evidence of abuse against her elderly mother that she believes was perpetrated while at a nursing home. The daughter posted pictures of her mother’s condition last week. The pictures show the resident with severe bruises on her face, neck, and arms.

When the daughter went to the facility to learn what happened, the nurse on duty during the fall said that she “had had enough.” The nurse admitted to giving her mother medication to calm her down. The daughter believes that her mother was forcibly moved into the wheelchair. She suffered a fractured eye and injuries to her arm and shoulder. The victim is 74 years old and is struggling through the early stages of dementia.

The woman claims that her mother suffered a broken arm in a fall a year and a half ago. The daughter has been called on several other occasions for her mother’s falls. This is a situation faced by many local families. They are often told that a loved one has been injured and then given apparent excuses for the injury. In many more cases, however, had proper care been provided then the injury would not have occurred at all.

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Negligent Nursing Home Delay Leads to Resident Death

Levin & Perconti Reach Settlement on Behalf of Resident Against Glenwood Healthcare and Rehab

Thu, 02 Feb 2012 06:00:37 -0600

Each Chicago nursing home neglect lawyer at our firm is proud to represent local victims of Illinois elder abuse. With each new case that results in accountability on behalf of the negligent nursing home, we believe that the lives of residents in that home are made a bit safer. Not only that, but victims are also given a sense of closure and provided redress for their loss.

Those who are familiar with how basic civil injury cases work likely understand that more cases than not settle before needing to go all the way to trial. Amicable settlements are common because they offer an efficient way of fairly resolving these disputes. For example, a settlement report was recently issued in a case that we handled last year. The legal action stemmed from the death of a man who was a resident at Glenwood Healthcare and Rehab.

The man entered the facility weighing 225 pounds and without any skin ulcers. However, it was noted upon his admission that he was at risk for developing the bed sores because of his inability to reposition himself on his own. The man had many mobility problems. Not only could he not properly move while in bed, but he also required staff assistance with basic tasks like feeding himself. Of course, as is often the case, these unique challenges were exactly the reason why he entered the facility in the first place—to receive the close day-to-day care he needed. Unfortunately, he did not receive the care to which he was entitled.

Over the course of the few months that the man was at Glenwood, he was malnourished and began to lose weight. In addition, the man was not properly repositioned. The lack of repositioning and improper nutrition are two of the most common causes of pressure sore development. Only a month and a half after his arrival at the home, the man had developed a pressure sore on his coccyx. A few days later similar sores had developed on his elbow, ankle, forearm, and leg. A month and a half after that he had to be transported to a hospital because he was suffering from high fever, low pulse, and respirations. After a few more weeks of complications he passed away from his injuries.

A subsequent investigation into the situation by the Illinois Department of Public Health found that the facility had been negligent in the man’s care for failing to prevent the pressure sores. The man’s family contacted our Illinois nursing home neglect lawyers, and we pursued a civil action against the facility to ensure that they were held accountable for their conduct. Last year that case was settled for $500,000.

Settlements in these cases are actually signs that the legal system is working as it should. At the end of the day, the filing of a suit is about resolving a dispute and ensuring that injured parties are fairly compensated for their losses. In all cases, including those of nursing home abuse and neglect, the object is to reach those goals in as efficient a manner as possible. Settlements are often the most efficient way, because they allow for accountability and redress between the parties based on their own evaluation of the situation in a less time-consuming fashion.

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New Federal Funding Directed to Improving Illinois Nursing Home Safety

Wed, 01 Feb 2012 06:00:12 -0600

In a bit of good news last week, Governor Pat Quinn announced that additional funding is being made available with the goal of cutting down on Illinois nursing home neglect and improving the well-being of seniors throughout the state. As noted in the Aledo Times Record, the Governor explained that $110 million in federal resources will now be made available to increase staffing and improve quality standards at statewide skilled nursing facilities. Considering the many problems reported throughout the state every day, each Illinois nursing home neglect lawyer at our firm appreciates the huge need for these sorts of improvements.

The funding comes per the work of the Governor’s Nursing Home Safety Task Force. The Task Force has been charged with improving the quality of care at all state facilities. The $110 million in funds will comes as part of a federal matching program, allowing the state to implements a range of reforms, hopefully cutting down on cases of Illinois elder abuse and neglect. Federal matching programs work by making available a pool of federal money only when the state is able to raise an additional level of money from its own efforts.

More specifically, the money will be raised by having nursing homes pay a provider tax. The tax is then pooled which together triggers the matching funds be provided. This program has been approved by the U.S. Health and Human Services Department. The money will then be redistributed to nursing homes to pay for increased staffing levels and other quality standard measures. This will hopefully allow the facilities to actually comply with the state’s nursing home reform laws which mandate increased staffing level increases and overall improvements in care.

On the state side the funding mechanism is being led by the state’s Department of Healthcare and Family Services. In addition to the federal matching funds, it was also produce an extra $20 million which should boost staff levels at the Illinois Department of Public Health. If all goes according to plan, those staffing increases should be directed to more frequent and thorough nursing home inspections. As we’ve often explained, many facilities face little chance of surprise inspection, meaning that their care deficiencies often go uncorrected.

In announcing the funding the Governor explained, “This is positive news for people who live in a nursing home or have a loved one in a nursing home. It means that our nursing homes get the funds that they need to continue improving safety and the quality of services that I signed into law as part of our nursing home reforms.”

As always, it will be important for advocates to keep a close eye on how these new funds are actually used. Most facilities, we hope, are dedicated to improving the services they provide and stamping out elder neglect. However, we know that there remain some nursing home conglomerates that always do everything in their power to increase their own pocketbooks. At these homes it is necessary to pay close attention to ensure the funds they receive are used in the best way possible for the benefit of the actual residents.

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Nursing Home Investigation Finds Repeated Druggist Errors

Tue, 31 Jan 2012 06:00:32 -0600

The unsavory connection and conflict that exists between pharmacists, drug companies, and nursing home resident prescriptions should give pause to all those who care about the well-being of area seniors. Each Chicago nursing home neglect attorney at our firm has spoken out against the often dangerous medication practices of many long-term care facilities. The New York Times published a story late last week on the prevalence of medication errors in the nursing home context. The problem remains hidden because unlike single events which are clear examples of nursing home neglect, persistent medication problems are harder to identify. Instead they constitute subtle, chronic problems that most often go unnoticed.

The Times story explains how journalists found dozens of cases of problematic prescriptions at these facilities. For example, one woman with a history of seizures was given the antipsychotic Seroquel—even though research shows that antipsychotics increase risk of seizures. Not only that, but not long afterward the woman was put on a second antipsychotic—Risperdal. Combining these drugs has been shown to risk causing irregular heartbeats, a potential life-threatening problem. When the pharmacist charged with monitoring these prescriptions was confronted about these problems, he admitted that he did not note any of these concerns in the patient’s chart.

Unfortunately, the plight of this nursing home resident is not as uncommon as it should be. That is because investigations have repeatedly found that pharmacists routinely fail to catch these problems. The most recent investigation, conducted by The Bay Citizen, found that more than half of all facilities did not catch cases where residents were given powerful antipsychotic drugs inappropriately. Our Illinois nursing home neglect lawyers remain disappointed (but not surprised) by these findings.

The risks of antipsychotics are well documented. They are drugs intended to be used to treat conditions like schizophrenia. However, instead they are often given to elderly nursing home residents as a way to make them easier to control. Unfortunately, that means that many patients who should have be receiving the drugs—like those with dementia—are still given them unsafely. In addition, other patients are prescribed the medication at unsafe doses or in combination of other drugs that come with a range of unacceptable risks.

A large part of the problem may be conflicts between drug companies and pharmacists that are employed by nursing homes. When pharmacists have financial incentives to approve prescriptions of certain drugs, then the risk of problems is significant. For example, the average pay rate for pharmacists is about $56 per hour. However, certain pharmacists often charge the nursing home rates as low as $11 per hour. How do they justify the cost? Often by reaping financial benefits from drug companies via recommendations regarding what medications residents’ should be taking.

Many advocates working to fight elder neglect and abuse have been working hard to enact legal changes which would prevent these conflicts. There is never an excuse for financial decisions to skew the safety and well-being of residents. That is particularly true when the financial motives are not about the overall available resources but about fattening the wallet of private companies and consultants.

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Criminal Acquittals in Cook County Nursing Home Resident Death

Mon, 30 Jan 2012 08:48:46 -0600

Every Chicago nursing home neglect lawyer at our firm appreciates that it often confusing for community members to understand the legal distinctions between criminal cases and civil cases. As we’ve discussed before, many individual incidents of Illinois nursing home neglect or abuse can result in both types of cases being filed. When a criminal case is filed it is because the prosecutors in an area decide that an actual crime has been committed. They therefore seek to punish the wrongdoers with either a fine, jail time, or both. Conversely, a civil case is filed when the victim (or their family) wishes to hold those responsible for the situation. Potential jail time is not at issue in these cases, but instead they can result in redress being provided to the victim and sometimes changes being mandated in policy at the facility.

Criminal cases are brought much less frequently in these situations than civil cases. Even when they are brought, often the same incident will result in an acquittal in a criminal case and a liability finding in the civil case. The main reason for this is the different standards of proof required in each case. In a criminal case there has to be no reasonable doubt that the crime was committed by the accused. However, in a civil case the plaintiff must simply prove that the misconduct more likely occurred than did not occur. While these distinctions may not seem all that clear in the abstract, when it comes to presenting evidence and actually proving conduct in court, the difference is significant.

In addition, all nursing home abuse lawyers know that the actual conduct itself must have been of an increased culpability before criminal charges are ever implicated. In other words, most of the time criminal charges are only involved when there is intentional abuse—such as a nurse physically punching a resident. That is different than more passive neglect—like a resident being left alone accidentally which results in a deadly fall. That is not to say the resident fall will never result in a criminal charge, but it is must less likely.

All of these distinctions exist, because the law generally makes it more difficult for one’s liberty to be taken away—such as being put in jail. Conversely, financial penalties for misconduct are deemed less intrusive, and so the standards are more reasonable when it comes to civil suits.

Of course, it is not important for the average community members to understand the specific distinctions between these cases. But it is important for residents not to mistakenly believe that because an acquittal is given in a criminal case for nursing home abuse than that means that the culprits necessarily did not do it or that a civil case will also result in a win for the defendant. That is not at all the case. For example, as reported in the Chicago Daily Law Bulletin, late last year a Cook County Criminal Court judge found a few nursing home employees not guilty of various counts of criminal neglect. The charges were filed after a resident died at an area nursing home. The resident had been severely burned on her legs while taking a bath. Then, after the burn, she was not seen by a doctor for nearly three weeks. Criminal charges were brought against her caregivers for their role in her death. The judge eventually gave the defendants a directed verdict—acquitting them of all charges. While this means that the individuals will not face jail time, it does not mean that they will be successful in a civil case related to the same incident.

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CARP Special Report Video on Elder Abuse

Sun, 29 Jan 2012 06:00:29 -0600

Each Chicago nursing home neglect lawyer at our firm, when talking about elder abuse issues, explains that the biggest challenge to stamping out such neglect is simply getting victims to come forward. For every Illinois nursing home abuse case that is brought, there are likely a hundred similar victims that go without any notice. For a wide range of reasons—many of which we have discussed on this blog—victims often do not come forward and demand redress and accountability. This creates a two-fold problem. On one hand, the individual victims are never able to see any justice, often dying without their family having any idea of the suffering that they endured at the end. Also, the underreporting of such errors means that the wrongdoers are not held accountable and they instead remain free to continue working (and neglecting) others. It is often a vicious cycle that is very difficult to break.

Of course raising awareness is the first step in the process of turning things around. We often share statistics which reveal how many seniors are victimized each and every year. The numbers are stark and indicate the problem of elder abuse has reached, as many advocates explain, “epidemic proportions.” Yet, statistics are often the least effective way of raising awareness and harnessing the real emotional response needed to actually make a difference and spur individuals to step up for the seniors around them.

A more effective strategy is to share individual stories that can more easily be grasped by those hearing them. For example, as we discussed last week, it is shocking to read a story about a senior who was strapped to a bed, left in a trailer, and forced to lay immobile while animals literally ate parts of her body. That elder abuse is so mind-numbingly wrong that it hopefully leads community members to pay a bit more attention to those seniors in particularly vulnerable conditions around them.

Even more powerful than reading about personal stories of neglect is seeing video of those stories. Being able to hear the voices and see the faces of those hurt by these actions goes a long way to engraining the idea that this mistreatment must be stopped in all possible ways. Toward that end, a new CARP Special Report video was created entitled, “Elder Abuse: Does Anyone Care?” The video explores powerful themes of abuse, mistreatment, and neglect that have raged in various locations. For example, the video shares that story of one woman who was left in a garage in the middle of winter, without heat, and forced to sleep on a plywood bed. In addition, the documentary shows video of nursing home abuse. A caregiver is seen physically harming a resident for no apparent reason. A hidden camera caught the abuse of the woman who was confined to a wheelchair. Amazingly the video displayed a caregiver literally punching the woman repeatedly—it remains unclear why the attacks occurred at all.

Please take the time to view the entire video, and share it with others who may be interested.

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Weighing the Financial and Emotional Costs of Parent Mortality

Sat, 28 Jan 2012 06:00:38 -0600

The process of helping a loved one age with grace has often been thought of as “The Long Goodbye.” There is no way around the fact that dealing with our own mortality and that of our loved ones is perhaps life’s most difficult challenge. Few people enjoy thinking about passing on, and even fewer like talking about it. But growing old and slowing down are inherent parts of the human experience. Dealing with these issues, planning for them, and ensuring that one ages as gracefully is possible is important for all local families. Unfortunately, our Chicago nursing home lawyers are all too aware that so many of our seniors are not afforded the opportunity to age with grace and instead spend their golden years struggling to get by.

Earlier this month The Atlantic published a penetrating story on the many financial, mental, physical, spiritual, and emotional costs involved in the long-term care process for seniors and their family members. The story recounts the “long goodbye” of one man and the struggles that it imposed on his family. The senior first began to deteriorate when he was eighty-two years old in 2001. It was then that he was first diagnosed with a deteriorating spine. A few days later the man fell while trying to get the mail. He hit his head on the pavement and scraped the skin off his knees as he was trying to crawl back to the front steps. This began an eleven year downhill slide for the man, who has been diagnosed with prostate cancer and been released from two hospices.

The man passed away eleven years later, at the age of ninety three. By the end, all of his life savings had vanished, gone to pay for assisted living services. That did not even include his medical bills which, mercifully were paid for mostly by Medicare and insurance policies included in his retirement. He eventually needed to be spoon-fed, and, according to his son, spent most of his days rolling around in his wheelchair like a child until it was time for him to be fed again. His son wrote, “I cannot imagine that this once-dignified Southern gentleman, who clawed his way out of the grit of a Depression-era tobacco farm in North Carolina and bought a snazzy double-breasted suit with one of his first paychecks, would be anything by humiliated by what is happening to him now.”

The heartfelt story is one that should remind all of us of that each senior has a back story—a life full of interesting, provocative, courageous, and love-filled memories. No matter what condition a senior is in at a facility, that story cannot be forgotten. It is the ultimate injustice for these community members to face nursing home neglect or abuse at the end of their days.

Our Illinois nursing home abuse lawyers do not believe that there is an easy answer to any of these questions about aging. However, we do know that the law demands that certain basic standards of care be met by those providing long-term care. Those laws are meant to ensure that our elderly community members are not faced with neglect and abuse at the time when they are most dependent on others for basic help. Please do not allow any nursing home abuse or mistreatment to perpetuate without stepping in. The only way to stamp out this problem and bring peace to so many of our family and friends is to demand accountability and improve the standards for all.

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New Study Highlights Neglect Problem at Largest Nursing Home Chains

Fri, 27 Jan 2012 06:00:49 -0600

Another study has come out which has found that nursing home neglect is more frequently found at the largest for-profit nursing home chains than at all other locations. Ask any Chicago nursing home lawyer and they would likely not be at all surprised by the findings. The same goes for blog readers, as we have repeatedly published stories discussing the higher rates of abuse and neglect that pervade some of the largest chains (and for-profit facilities in general). We know that Illinois nursing home neglect can occur anywhere. However, for local families in the process of figuring out the actual best place for their loved one to live, it is very helpful to keep up-to-date with general quality of care indicators like those found in this study.

The research was conducted by the University of California-San Francisco School of Nursing, and it set out to examine basic differences between for-profit and non-profit or government- run facilities. We have previously touched on this report in an earlier blog post. The study examined various quality of care measures at ten of the nation’s largest nursing home chains. What they found, unsurprisingly, that these chains measured quite poorly on wide range of factors. Some of the findings include.

1) For-profit homes had lower staffing hours for registered nurses than public facilities. These staffing levels are one of the most important indicators when it comes to the level of care that is provided to residents. At the end of the day, nursing home neglect results when staff members fail to act as they should. The chance of that occurring is greatly enhanced when there are simply not enough bodies to do all of the work necessary. If families pay attention to nothing else, staffing ratios are vital statistics to gauging overall care at a home.
2) Medicare deficiency rates were 36% higher in private homes than public facilities. Medicare and Medicaid deficiency standards are another good benchmark of overall home quality. Also important is information about whether or not a home has improved from year to year, which indicates whether it is taking steps to actually fix the problems that have been identified.

3) Some for-profit facilities showed deterioration in care quality after they were purchased by larger private equity companies. This should be alarming for those who are at-homes where takeover is possible. Care may be sufficient at one point but then get worse over the years.

4) Bedsore rates were higher at for-profit homes, in large part due to the lower nursing staff levels. One of the main reasons that bedsores develop is because residents with mobility problems are properly repositioned. This repositioning frequently comes down to having enough caregivers around to help in the process each and every day.

All local families should continue to take this information into account when evaluating the best living space for a loved one. The process is never easy, and there is usually no sure-fire way to be guaranteed that neglect and abuse will not occur. But clear trends do exist and prior preparation goes a long way to making the best choice for your family member.

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Fall Risks in Nursing Homes Increased By Antidepressant Use

Thu, 26 Jan 2012 06:00:20 -0600

Medline Plus News reported late last week on new concerns being raised about the effects of antipsychotic and antidepressant drug use in nursing homes. Of course, any experienced Chicago nursing home neglect lawyer is well versed in the issues about this medication use in long-term care facilities—it has been a concern for quite some time. New information continues to pour in, however, that reveals even more problems than previously thought are associated with the increased use of these drugs in homes.

This latest report found that resident fall risks are increased when they take antidepressants known as selective serotonin reuptake inhibitors (SSRIs). The researchers which reached this conclusion examined prescription medicine data and falls in about 250 different residents with dementia. The residents were tracked for a two year period. During that time about 683 total falls were experienced, with 61.5% of residents experiencing at least one fall and many residents facing several falls. The overall average represents nearly three falls per resident in the study. Those numbers on their own are not all that encouraging.

Our nursing home neglect lawyers were not surprised to learn that about a third of those falls actually led to injury or death. These accidents are one of the biggest risks faced by vulnerable seniors in these facilities. The most common injuries including hip fractures, other fractures, sprains, swelling, open wounds, and bruises.

In total, the risk of having an injury-causing fall was three times more likely if the resident was taking an SSRI. The 300% risk increase was found in both men and woman and for those residents of different ages. What this means is that it is highly likely that the risk was actually factored into the effects of the drug itself and not some confounding factors.

Our Illinois nursing home neglect attorneys know that this latest information about fall risks joins already known problems with antipsychotic and antidepressant drug use in homes. Off-label use of these drugs is high, placing residents at risk of often unacceptable levels of complications. There is even a “black box” warning on most antipsychotic medications which reveal that use by dementia residents comes with an increased risk of death. Obviously that is a risk that cannot be accepted. In addition, these drugs are often nothing more than “chemical straightjackets” which make residents easier to control but actually hurt their quality of life. It is difficult for these seniors to be fully engaged in the world around them and take advantages of all of the activities that they used to enjoy if they are constantly fogged over by the effects of these drugs.

Overall, all community members have more reason than ever to keep a close eye on the medications that their loved one is taking in these facilities. Of course there are many drugs that are actually important to keeping a resident healthy. But that does not mean that all prescriptions are useful and necessary to maximize a resident’s quality of life. Over-prescription of residents remains one of the most common, yet hidden, forms of Illinois nursing home neglect. We must do everything we can to stamp it out.

See Our Related Blog Posts:

New Studies Published on the Risks of Antidepressants

Alzheimer’s Patient Dies in Nursing Home Fall

CMS Releases New Memo on Smoking Safety in Long Term Care Facilities

Wed, 25 Jan 2012 06:00:09 -0600

The Centers for Medicare and Medicaid Services play a crucial role in regulating the quality of care at most state and local nursing homes. Nursing home care is quite expensive. For that reason, most seniors and their families do not have the financial resources to pay for the care out of their own pocket. As a result, many families rely on Medicaid and Medicare services for help. The program is genuinely a lifesaver for those who count on it.

CMS therefore provides much of the payments that nursing homes receive for their work. This power of the purse, our Chicago nursing home lawyers understand, means that they maintain a particularly influential source of power when it comes to demanding fair treatment of senior residents. CMS can demand that certain actions be met or else the involved nursing home not be able to participate in the CMS programs. Loosing CMS patients is a death knell for most facilities, so they are strongly pressed to abide by their requirements.

Just this week, for instance, CMS issues a “Survey and Certification” memorandum designed to prevent one form of dangerous nursing home neglect that has led to horrific harm to some residents. The new guidelines reemphasize the need for long-term caregivers to monitor residents at all times. Of particular concern was the monitoring of smoking areas for residents. Of course, caregivers were always required to provide appropriate observation anyway. However, the memo acts as a reiteration of these rules in light of a recent tragedy involving a fatal accident caused by unsupervised smoking.

According to the memo, the tragedy which sparked the release involved a resident who was smoking outside of the facility. The resident did not have permission to be outside of the facility, and she had no supervision at the time. She was in a wheelchair and was not wearing a smoking apron. To make matters worse her wheelchair was blocking the only fire extinguisher in the vicinity. Unfortunately, the resident accidentally ignited her clothing. By the time staff members became aware of the incident and tried to help her, it was too late. The woman ultimately died as a result of the incident.

The CMS memo responding to the event explained that “nursing homes with residents who smoke [must] take reasonable precautions to ensure the safety of residents to the maximum extent possible.” As the string of errors in this case demonstrates, even seemingly simple missteps can cost a vulnerable resident their life. When it comes to smoking residents, facilities must conduct an assessment of each resident’s abilities to determine whether or not supervision (or other safety precautions) are required. The assessment should likely take into account a resident’s mental capacity, judgment, mobility, dexterity, and similar factors.

Our Illinois nursing home neglect attorneys know the risks of nursing home smoking very well. For example, we once settled a case for $1.5 million on behalf of a family whose loved one died at an area home because of just this sort of nursing home neglect. The resident—who was mentally impaired—was not properly supervised while smoking a cigarette. An accident occurred which led the man to suffer severe burns before passing away. These tragedies can and must be prevented at all times.

See Our Related Blog Posts:

Chicago Nursing Home Resident Dies After Smoking Accident

Nursing Home Negligence Leads to Resident Deaths in Fire

Family Claims Mother Was Sexually Assaulted At Nursing Home

Tue, 24 Jan 2012 06:00:41 -0600

A story this weekend from Channel 6 News Lawrence shared the tragic story of a family that is claiming their loved one was sexually assaulted at a nursing home. Any Chicago nursing home neglect lawyer can tell you that while sexual assaults are not the most common form of abuse at these facilities, they do occur far more frequently than many community members would expect. Of course, sexual assault in any form is repulsive, but there remains something particularly insidious about caregivers taking advantage of the vulnerabilities who depend on them.

In this latest case, a nursing home abuse attorney for the involved family explained that the family was filing a nursing home abuse lawsuit following an assault on their 87-year old mother. The assault allegedly happened in later October a year and a half ago. The elderly woman was assaulted by a nursing home aide, and according to documents filed by the family in the suit, there were some administrators at the facility who apparently tried to cover up the assault from the woman’s family, medical professionals, and law enforcement officers. If true, those are incredibly serious and disturbing charges.

The suit claims that a few days after the assault the woman was taken to the hospital. Once there hospital officials trained in detecting signs of abuse and molestation examined the woman. They found a series of lacerations and abrasions which led them to believe without question that the woman was the victim of a sexual assault perpetrated by one at the facility—a most egregious example of nursing home abuse. What makes it particularly troubling is that the alleged perpetrator has still not faced any punishment. The nursing home, for its part, has denied all allegations and claims that it will fight them in court.

Hopefully more evidence will be uncovered which sheds light on exactly what happened in this case. It seems pretty definitive if medical care providers at the hospital were able to identify abuse based on their analysis of the victim. However, as so frequently happens in these cases, the involved nursing home is not willing to accept any sort of responsibility for the misconduct. It is yet another testament to the need for the civil justice system to provide an avenue for victims and their families to demand accountability.

This case also highlights the fact that much abuse and neglect actually gets swept under the rug and is never uncovered by friends and family. Had this woman not be analyzed by medical professionals, it is likely that the facility would never have come forward and explained the abuse. Therefore, the family would likely never have found out about the situation and no accountability would be had.

Unfortunately, while state and federal regulators play an important role in ensuring these facilities abide by proper care standards, there are never enough resources put into regulation to provide anywhere the oversight necessary. At the end of the day demanding proper care comes down to the diligent eyes of loved. We urge all family members to do their part and ensure that proper caregiving standards are met.

See Our Related Blog Posts:

Resident Sexually Assaulted By Nursing Assistance at Crystal Pines Rehabilitation Care Center

Police Investigate Potential Rape of Brain Damaged Nursing Home Resident

Belleville Family Hires Nursing Home Lawyer After Father’s Death

Mon, 23 Jan 2012 07:09:16 -0600

Late last week the Belleville News Democrat published a story explaining how a local family had taken steps to contact legal professionals to learn more about their options following the tragic death of their father at a Belleville nursing home. The Illinois nursing home abuse lawyer reiterated that the family is not yet ready to file a nursing home lawsuit. Instead, as is common in these cases, the family simply wants to know more about what happened to their father and better understand whether it should have been prevented.

A common misconception in these situations is that a family should only visit with an elder neglect lawyer when they know exactly what happened and simply want a legal professional to file the right paperwork. Of course, families rarely know exactly what happened after a loved one passes away at a long-term care facility. Instead, they usually have many more questions than answers. Visiting with a legal professional in the area is therefore a first step in getting basic questions answered and having an advocate on your side to pressure the facility into being open and honest. Whether or not a lawsuit is filed depends on information that is uncovered after investigation and analysis, not necessarily as soon as a family decides to visit with a legal professional to learn more. In other words, families should never avoid talking with a lawyer simply because they don’t know how they want to proceed. Instead, talking with an attorney in this area is best done when one is still unsure and simply wanting to learn more about the options in front of them.

For example, in this case, the daughters are hoping to figure out exactly how their 77-year old father died from hypothermia after wandering out of the local rehabilitation and respiratory care center. Their father was suffering from dementia and heart disease. Last week the man walked out of the facility—no doubt confused about where he was headed. It wasn’t until several days later that his body was found in a ravine about a block from the home. He had died from hypothermia due to exposure to the elements. Now the family wants to know how this was allowed to happen.

As the Illinois nursing home abuse lawyer for the family explained, “A long-term resident who suffers from dementia and other life-threatening conditions should not be able to walk out the door to the nursing home unnoticed and unsupervised.”

So far the facility has not explained to the daughters how their father was able to walk out of the front door of the facility without being stopped. The early investigation has revealed that the man had actually tried to walk out of the facility in the past, but was stopped. That would seemingly suggest that the facility should have been on notice that the man was a wandering risk which needed to be guarded against for this own safety. The facility involved, when under different ownership, had previously been listed as one of the worst in the state when it came to federal citations.

See Our Related Blog Posts:

Poor Supervision Leads to Nursing Home Fall

Nursing Home Wandering Death Explained By Inside Source