Illinois Nursing Home Abuse Lawyer Blog

Nursing home resident who may have dementia missing - allowed to leave facility with unknown man.

Sun, 30 Jan 2011 11:53:55 -0600

A 79 year old woman is missing and a Chicago nursing home may have to answer some tough questions. The Chicago Sun-Times is reporting that a resident who may suffer from a form of dementia went missing on Friday evening from a home located at 2840 W. Foster Ave.

Nursing home staff witnessed her leave with a white man, ages 60-70, who she said was her brother. The nursing home later learned she does not have a brother.

The missing woman is being described as Caucasian, 129 lbs., 4' 9" tall, brown hair and light complexion. Anyone with information regarding her whereabouts should immediately contact the Chicago Police Department at 312-744-8200 and speak with Belmont area detectives.

It has not been reported why the nursing home staff allowed a resident that may suffer from dementia to leave the facility without further verification. The woman also takes medication for diabetes.

It has not been reported if a Chicago nursing home attorney is involved in the case yet.

Investigation details neglect and abuse at Chicago nursing home for disabled children

Tue, 02 Nov 2010 01:41:48 -0600

Our Chicago nursing home neglect lawyers share the concern of the community about the recent neglect and abuse allegations involving homes that care for disabled children.

Of particular note in this area is the Alden Village North facility, where problems, including an alarming number of deaths involving young children, have persisted for decades, according to an investigation by the Chicago Tribune.

On one level, the challenges should come as no surprise after the recent investigations into poor care and the presence of wanted felons and mentally ill patients in the adult nursing home system. Yet is was still disheartening to read that the state's oversight is in such shambles that it cannot even judge the true scope of the problem at Alden or the state's 300 other facilities that care for people with developmental disability.

At Aiden, 13 children and young adults have died since 2000 in cases cited by the state as involving neglect or other violations.

In one case, a 4-year-old boy died after employees failed to respond to an alarm on his monitor. Less than a month later, a 4-year-old girl died the same way.

A state investigation found the volume had been turned so low the alarms could not be heard. The Tribune reported that such problems have persisted for decades at the facility, despite changes in ownership and the knowledge of investigators and state officials.

Even basic hygiene has been neglected.

Parents of five of the children who died in the facility did not even know the facility had been cited for their deaths until told by newspaper investigators. The home has been fined $190,000 in the last decade but has paid just $21,450.

Chicago nursing home abuse lawyers sue over death of 74-year-old woman

Wed, 08 Sep 2010 07:44:28 -0600

The family of the 74-year-old woman has filed an Illinois nursing home abuse lawsuit against a Hinsdale facility alleging that over medicating and negligence caused her death, according to the Chicago Tribune. The action filed last week alleges the nursing home resident died of kidney failure due to dehydration because the nursing facility chemically restrained her.

The woman was admitted to ManorCare's Arcadia dementia unit in March of 2009. Within 48 hours of arrival she was prescribed a sedative and a few days later she was prescribed and anti-psychotic medication. Court documents allege that the victim lost over 16 pounds in her first 12 days of the facility.

The woman was finally transferred from ManorCare to Adventist Hinsdale Hospital in April 2009 and died a few hours after admission. She died less than a month after arriving at the nursing home.

Also, it is alleged that the nursing home abuse victim was given medication that wasn't necessary to treat her condition she was physically restrained with a wheelchair lap restraint. The family is seeking an amount in excess of $50,000 in the seven count lawsuit.

Chicago nursing home neglect case could result in loss of federal funding; bed sores and poor building maintenance cited

Wed, 18 Aug 2010 14:55:18 -0600

Chicago nursing home neglect allegations could result in a loss of federal funding for a Will County nursing home, the Tribune reported.

The 150-bed Embassy Health Care Center in Wilmington has been charged with providing unacceptable levels of care to residents. Neglect allegations include failure to prevent pressure sores and building maintenance issues. An attorney for the facility claims it has taken corrective action and is waiting for approval from regulators.

The state is not currently seeking to close the home, according to the Illinois Department of Public Health. However it could lose federal funding if the problems are not fixed by Aug. 26, according to the U.S. Centers for Medicare and Medicaid Services.

Pressure sores, or bed sores as they are more commonly known, are a warning sign of possible neglect in an Illinois nursing home or elder care facility. The sores are caused by unrelieved pressure, most frequently as a result of an immobile or minimally mobile patient not being moved frequently enough. The most common preventive treatment is movement of a patient every two hours.

Untreated pressure sores are often prone to infection and can be fatal.

The National Pressure Ulcer Advisory Panel recognizes four stages of ulcers in the United States:

Stage 1: Superficial redness that does not dissipate when pressure is relieved.

Stage 2: Ulcers may appear as a blister or an abrasion; damage does not extend behind the dermis.

Stage 3: Ulcer involves the full thickness of the skin and may include subcutaneous tissue. Wounds are much tougher to heal at this stage and damage beneath the skin may be greater than what is visible.

Stage 4: The worst form of bed sores, the damage can extend into tendons, muscles and even bones. Only about 60 percent of these sores ever heal.

Relieving pressure is critical to helping to ensure that a pressure sore does not become more severe. Nursing homes and hospitals understand the need for proper care of bed-ridden patients and pressure sores are often a sign of neglect.

Infections and complications, including sepsis and gangrene, can turn bed sores into a life threatening medical condition.

New law aims to reduce instances of Chicago nursing home neglect and abuse

Fri, 13 Aug 2010 17:38:53 -0600

Gov. Pat Quinn has signed the long-awaited overhaul of the Illinois nursing home system. The signing took place on Thursday in a room packed with top state officials and senior citizens, the Chicago Tribune reported.

Our Chicago nursing home neglect and abuse lawyers have been reporting for more than a year on the state crisis in nursing home care. Chronic short staffing, poorly operated facilities and the presence of violent and mentally ill patients have left the state's residents at high risk of substandard care, neglect and abuse.

"This is historic legislation. It begins a new era of nursing home care in Illinois," Quinn said at the Thompson Center signing.

The state is in the process of hiring dozens of additional inspectors as well as writing rules to increase nursing home staffing levels. One of the primary challenges will be to fund the new law's many provisions as the state faces a $13 billion budget deficit.

A series of articles in the Tribune exposed assaults, rapes and murders occurring inside facilities that house younger psychiatric patients and convicted felons alongside elderly residents.

The new law will increase background checks and psychological screenings of new residents and place dangerous patients in separate wards. The program also seeks to divert thousands of mentally disabled people into smaller, residential programs.

The state currently has 146 nursing home inspectors. The new law will add an additional 71 inspectors by next July to reach the mandated ratio of one inspector for every 500 beds -- or about one inspector for every 5 nursing homes. The new inspectors are expected to cost about $5 million a year.

Chicago nursing home investigated after resident found dead in bathtub

Sat, 10 Jul 2010 14:15:04 -0600

A 51-year-old mentally ill woman apparently drown in the bathtub of a Chicago nursing home over the Fourth of July weekend, CBS2 reported.

Police are conducting a death investigation after the woman was found Sunday in a bathtub at Warren Park Nursing Pavilion. The Cook County Medical Examiner's Office has ruled that the woman died from drowning but has not determined whether her death was a homicide, suicide or accident. Authorities were called to the home by staff after the woman was found in the bathtub with the water running.

Our Chicago nursing home neglect lawyers have reported a number of fatal accidents involving patients who have died from falls or other causes due to lack of proper supervision in an area nursing home. Residents of nursing homes obviously have special needs that family or loved ones did not feel qualified to provide. Proper care and supervision of elderly residents, or those suffering from Alzheimer's, dementia or mental illness, is essential to ensuring the well-being of nursing home residents. When a resident is injured or dies as a result of inadequate supervision, a Chicago injury lawyer should be contacted to discuss a patient's rights and help ensure corrective action is taken to help protect other residents at a home.

Police were called to the home about 8:40 p.m. and attempted to revive the woman while awaiting the arrival of paramedics, the Breaking News Center reported. She was transported to Saint Francis Hospital, where she was pronounced dead at 9:20 p.m.

Illinois nursing home raid finds wanted felon; sweeps continue to identify potential for neglect and abuse

Wed, 30 Jun 2010 12:13:59 -0600

Another fugitive has been arrested in an Illinois nursing home as authorities continue to target facilities suspected of housing wanted felons or other dangerous residents, the Belleville News Democrat reported.

The latest Operation Guardian compliance check occurred in East St. Louis at Virgil Calvert Nursing and Rehabilitation Center and snagged a 61-year-old man wanted on Missouri drug charges. The sweep also gave authorities a chance to conduct a safety review and a review of other compliance issues within the home. It was conducted by investigators from Illinois Attorney General Lisa Madigan's Office, Illinois State Police, the Illinois Department of Public Health and the Illinois Department of Professional and Financial Regulation.

Our Chicago nursing home abuse attorneys reported raids on nursing homes throughout the city led to the arrest of numerous wanted felons earlier this year. As we reported on our Illinois Nursing Home Abuse Lawyer Blog, lawmakers recently passed new legislation aimed at overhauling the state's troubled nursing home industry.

Operation Guardian was formed after authorities targeted a Chicago home for failure to complete background checks and criminal histories on residents to identify those who may pose a threat to the safety of others in the home. That home was closed down by state investigators. Five other homes in the Chicago area currently face attempts by the state for force them to close.

So far, 12 homes have been inspected, leading to 12 arrests and the identification of 61 people wanted on warrants. No home has been check where at least one resident was not identified as having an active warrant. However some warrants had geographic limits and those jurisdictions have chosen not to arrest the individuals.

"Criminals are using nursing homes as safe houses," Madigan said after the sweep. "Our state should not have fugitives hiding in our nursing homes."

In this case, officials at the home said they did not realize the resident was wanted. A public health inspection in January found a number of violations. Two sex offenders were also found in the home during that inspection. The law permits sex offenders to live in Illinois nursing homes but staff must provide a plan to keep other residents safe by restricting the offender's contact.

Illinois lawmaker has ownership stake in Chicago nursing home accused of neglect

Fri, 25 Jun 2010 10:00:42 -0600

Allegations of Chicago nursing home neglect at a facility part owned by an Illinois state senator could lead to the loss of the facility's license, the Chicago Tribune reported.

State health authorities have moved to revoke the license of Evergreen Health Care Center in Evergreen Park, alleging serious patient neglect in the southwest suburban nursing home co-owned by state Sen. Heather Steans. The Tribune reports that the lawmaker has no operating role at the facility. The Chicago Democrat said she has drawn little or no income from the home, saying she owned a small stake in companies responsible for its management.

An Illinois Department of Health spokesperson said the facility was sent a revocation notice on Friday. Under state rules, the facility can voluntarily surrender its license or contest the action by requesting a hearing before an administrative law judge.

The Evergreen facility was recently added to a federal list of the nation's most troubled nursing homes. Authorities allege that inspections have found numerous safety violations. Steans said the infractions were "incredibly troubling" but contends the facility has taken corrective action.

The Tribune notes the awkward political position the lawmaker now finds herself in, having worked on comprehensive reform legislation aimed at improving safety and care standards at nursing homes throughout the state. As our Chicago nursing home neglect and abuse lawyers recently reported, the Illinois nursing home reform measure was unanimously passed by lawmakers and now awaits the governor's signature.

On her financial disclosure statements, she declared membership interests in two firms that collected $2 million in management and lease fees from Evergreen last year. She said none of that money was paid to owners.

Allegations against Evergreen include failure by staff to notify a doctor of the deteriorating health of a 90-year-old resident suffering from pneumonia and failure to prevent maggots from infecting the scalp of an 86-year-old cancer victim.

The state health department reports that other revocation actions are currently pending against nursing homes in the Chicago area:

-Columbus Manor Residential Care Home
-Rainbow Beach Care Center
-Regal Health and Rehabilitation Center
-Fox River Pavilion in Aurora.

Somerset Place in Uptown was shut down in March after receiving a similar order.

Another nursing home, South Shore Nursing & Rehabilitation center, was recently added to the federal watch list, in part as a result of failure to properly supervise residents.

Investigation before placement can help reduce risk of Chicago nursing home neglect or abuse

Thu, 03 Jun 2010 05:13:10 -0600

The Chicago nursing home neglect lawyers and Illinois elder abuse attorneys at Abels & Annes encourage families to become proactive in choosing an Illinois nursing home or assisted living facility. Advanced research can help ensure a loved one is placed in an environment capable of providing the proper care.

Illinois operates one of the country's most embattled nursing home systems. Our Illinois Nursing Home Abuse Lawyer Blog continues to report problems with convicted felons and unsafe conditions at homes throughout the Chicago area.

Those considering an Illinois nursing home should review a home's record of violations through the Illinois Department of Public Health.

The average cost for a nursing home stay is about $74,000 a year, while the cost for an assisted living facility is $34,000. The number of assisted living facilities has exploded in recent years. About 38,000 assisted living facilities serve an estimated 975,000 residents.

A number of considerations can help determine whether a nursing facility or assisted-living facility is right for you and your loved one.

U.S. News & World Report recently published 9 things to consider when selecting a nursing home or assisted living facility.

1) Quality of Life: Choosing a home near a resident's social network, including family and friends, can have a positive impact on their quality of life and ensure visitors can help ensure a resident's welfare.

2) Current and Future Needs: Choosing an environment capable of handling current and future health issues can help with continuity of care. If a loved one has dementia or other progressive illness, will the home be able to handle their future needs?

3) Financial Stability: Choosing a home with a solid track record is important. A home with financial problems can impact quality of care.

4) Proper Licensing: Check with the agency that licenses homes to ensure that the home you are considering has the proper licenses and no serious history of violations.

5) Get Referrals: Seek input from the family members of other residents.

6) Ask about a Waiting List: Many good homes have a waiting list. Don't assume the home will have room when you need it. Conversely, there may be a reason why a home has no wait to admit residents. Do your homework.

7) Make Repeat Visits: Visit a home several times at different times before making a final selection.

8) Talk to Residents: During your visits, ask residents about their experiences. Be wary of homes that do not encourage you to speak with residents.

9) Consult a lawyer about a home's contract: A contract for a nursing home or assisted-living facility is a complex document best discussed with an experienced attorney.

Illinois nursing home operator's problems continue; poor care and safety hazards alleged by federal inspectors

Tue, 01 Jun 2010 14:50:36 -0600

A Lake County nursing home as been cited as one of the worst performing skilled nursing homes in the country, the Post Tribune reported.

The facility is owned by Illinois nursing home operator Eric Rothner and a family of companies owned or controlled by his family. They also own Northlake Nursing and Rehabilitation Center in Merrillville, which was closed earlier this month. He and his family own shares in nearly two dozen nursing homes in four states, including South Shore Nursing Home and Rehabilitation Center in Chicago, which also has been cited for poor performance.

Chicago nursing home neglect cases have continued to make news in the wake of a series of raids and investigative media reports that have outlined a host of issues. As we reported on our Illinois Nursing home Abuse Lawyer Blog, state lawmakers recently passed an overhaul of the state system, which awaits the governor's signature.

Sebo's Nursing and Rehabilitation Center in Hobart has been added to the federal Centers for Medicare and Medicaid Services list of poorly performing nursing homes. The Special Focus Facilities list includes homes that have demonstrated a pattern of severe quality and patient safety problems over a period of years.

A spokesman for Evanston, Illinois-based Extended Care Clinical, the parent company, said there was nobody available to comment.

The problems at the Sebo's home date back to at least 1999. The home received 16 substantiated complaints from state inspectors between 2007 and 2009. Substandard quality of care designations were made in 2005, 2006, 2007 and 2009.

Raids seek to reduce threat of Illinois nursing home neglect and abuse

Wed, 26 May 2010 16:36:36 -0600

The Illinois Attorney General's Office conducted a sweep at a Jacksonville nursing home on Monday, looking for violations of state laws and regulations, the State Journal-Register reported.

As our Chicago nursing home neglect attorneys reported earlier this month on our Illinois Nursing Home Abuse Lawyer Blog, three arrests were made at a similar raid in Chicago last month.

Fourteen police and state officials participated in the Jacksonville raid, which was the 11th conducted in recent weeks -- and the first to occur outside the Chicago area. However, unlike previous sweeps, authorities didn't check for outstanding warrants among the facility's residents. The state continues to struggle with dangerous felons in Chicago nursing homes.

A staff member of the Attorney General's Office declined to say why residents weren't checked for arrest warrants, nor would she comment about why the 113-bed Golden Moments Senior Care Center was chosen for the raid.

No one was arrested and not citations were issued during the three-hour inspection. However, risk-assessments, mandated by law, were not completed for several residents. One of the home's owners cited a backlog at the state level as the reason for the lack of assessments in place on three residents.

The home was fined $50,000 earlier this year for poor care in connection with the October death of a 74-year-old resident who choked on his food. The nursing home is contesting the amount of the fine.

Illinois Nursing Home Resources

If you are faced with the tough decision of admitting a loved one into a nursing home or elder care facility, the Illinois nursing home neglect and abuse lawyers at Abels & Annes want you to know there are resources available to help you with your decision.

Click here for advice on finding an Illinois nursing home through the Illinois Department of Public Health.

And click here for reports of Illinois nursing homes with recent violations.

Historic measure aimed at reducing Illinois nursing home neglect and abuse

Fri, 14 May 2010 09:50:05 -0600

State lawmakers have passed a historic nursing home reform bill and sent it to Gov. Pat Quinn for his signature, despite the protests of nursing home lobbyists who had fought measures to increase staffing in Illinois nursing homes, the Chicago Tribune reported.

Advocates say it is the biggest step taken in decades to reduce the risks of Chicago nursing home abuse and neglect as well as abuse in neglect in nursing homes and assisted-living facilities throughout Illinois.

The bill became one step closer to reality after passing out of the state legislature following tense eleventh-hour negotiations. The Tribune, which has conducted a number of exhaustive investigations detailing Illinois' ailing nursing home system, called it "a historic bill that aims to undo a half-century of failed policies and end a legacy of violence in which nursing home residents were raped, assaulted and murdered."

As we reported on our Illinois Nursing Home Abuse Lawyer Blog, the industry fought reform even as evidence continued to mount that mentally ill felons being housed in nursing homes and inadequate staffing levels have led to a host of dangerous conditions.

The Tribune reports the sides reached some agreement in the 159-page bill; the governor's top health care advisor, Michael Gelder, was hugged by both the industry's top lobbyist and one of its toughest critics after the proposed law passed out of the House with a 118-0 vote.

"It sends a very clear message that nursing homes are going to provide high-quality care, and they're not going to be dominated by individuals who have put profit ahead of the care and needs of their residents," Gelder said.

The measure would enhance criminal background checks and psychological evaluations of incoming residents and separate dangerous patients from residents by placing them in secure wards. It would also require a significant increase in nursing home staffing and mandate more rigorous safety and treatment standards for mentally ill or dangerous residents.

The bill's most ambitious measures would move thousands of residents with mental health issues into smaller residential programs. While lawmakers were jubilant, they acknowledged the real work will be in implementing and regulating the new guidelines.

Nursing home industry fights proposal to add staffing in effort to reduce Chicago area nursing home neglect and abuse

Mon, 03 May 2010 13:57:37 -0600

The nursing home industry is quietly fighting a proposal by Gov. Pat Quinn that would raise minimum staffing levels in Illinois nursing homes, despite evidence that more staffing provides better care and improves resident's health, CBS2 reported.

The Associated Press reports that talks among lawmakers, nursing home officials and elder care advocates are scheduled to resume this week in Springfield but getting the industry to agree to increase staffing levels appears to be unlikely. National studies continue to show more care-hours leads to improved health, fewer bed sores and less unexplained weight loss among residents.

Advocates also contend it could lead to higher-quality staff and less turnover among nursing home employees.

Currently, Illinois requires nursing homes to provide at least 2.5 hours of nursing care per resident per day. Those rules require about 31 certified nurse aides and licensed nurses per 100 residents. Quinn is pushing to increase the minimum to 4.1 hours by 2014 for residents who need skilled care and 2.8 hours for those who require intermediate care. Some homes already meet those standards, while others do not. Industry executives have said that facilities relying upon Medicaid could not afford to hire more people to meet the proposed requirements.

The governor's proposal would also toughen oversight and raise fees and fines for nursing homes. As we reported earlier this year on our Illinois Nursing Home Abuse Lawyer blog, state officials have been scrambling to respond to a host of media reports and investigations outlining assaults, rapes and murders in Illinois nursing homes. The new proposals are part of the outcome of a special task force convened by Quinn last year.

The task force heard testimony about inadequate staffing, particularly at facilities serving poor and minority residents.

The across-the-board staffing increases are opposed by the Health Care Council of Illinois, the state's largest nursing home trade group. Union leaders support the increase, citing a 2001 study that found 4.1 hours of direct-care per day improves the quality of care received by nursing home residents.

An analysis of more than 15,000 nursing homes in 50 states by the Chicago Reporter found Illinois' for-profit nursing homes had the lowest average staffing level compared to those in other states.

Raid on Chicago nursing home yields three arrests; authorities target area homes in effort to reduce Illinois nursing home neglect and abuse

Wed, 28 Apr 2010 16:00:44 -0600

State and local law enforcement made three arrests after raiding a South Side nursing home in search of wanted criminals on Tuesday, the Chicago Breaking News Center reported.

As we reported recently on our Illinois Nursing Home Abuse Lawyer blog, officials are moving to correct issues of Chicago nursing home abuse and neglect after a series of reports detailing instances of assault, rape and other abuse by mentally ill patients and convicted felons, who are either living or working in area nursing homes.

State Attorney General Lisa Madigan led the raid on Presidential Pavilion, 8001 S. Western Ave., as part of a series of unannounced visits and safety checks being conducted at nursing facilities that house convicted felons.

The home was the 10th facility to be checked; 14 warrants were issued to wanted felons -- the largest number issued at any Illinois facility. The state reports 20 residents were living at the home with a total of 950 arrests and 399 convictions.

Authorities issued a total of 54 warrants in the other nine facilities and arrested 14 people.

"We're going to continue with these unannounced compliance checks in nursing homes throughout the state," Madigan told the media during an interview outside the building. "Nursing home operators I'm sure at this point are on red alert that we could be showing up any morning."

The home's owners control 28 nursing facilities in Illinois and Florida. An attorney for the owners defended them, saying he was unaware of any complaints of abuse or neglect of the home's residents.

Meanwhile, lawmakers continue to draft legislation to improve Illinois nursing home care. Gov. Pat Quinn's Nursing Home Task Force has made 38 recommendations for overhauling the state's troubled long-term-care program. Currently, Illinois nursing homes house 3,000 residents with felony records, including younger psychiatric patients.

New legislation aimed at reducing Chicago nursing home abuse and neglect

Fri, 19 Mar 2010 02:44:53 -0600

Authorities are moving forward with proposals aimed at improving safety and reducing instances of neglect and abuse in Chicago nursing homes and nursing facilities elsewhere in Illinois.

The Chicago Tribune reports that 48th Ward. Ald. Mary Ann Smith introduced several proposals last week that would strengthen inspections of Chicago nursing homes, enhance enforcement and penalties and require nursing homes to provide more details to the public regarding their financial and safety records.

As reported recently on Abels & Annes' Illinois Nursing Home Abuse blog, the state moved to close a Chicago nursing home amid neglect and abuse allegations. Meanwhile, the Tribune reports 1 in 4 sexual assaults in Chicago nursing homes go unreported or uninvestigated amid large numbers of convicted felons being housed in nursing homes in Illinois.

Smith's proposal will now be considered by City Council's Health Committee before being taken up by the full council.

Meanwhile the office of Gov. Pat Quinn has announced it will introduce legislation aimed at implementing the recommendations of the governor's Nursing Home Safety Task Force.

The task force was formed in response to an investigative report by the Tribune, which examined reports of rapes, attacks and murders in nursing facilities that house elderly residents alongside violent offenders.

Among the proposals made by the task force are tightening background checks on new residents, increasing staffing and toughening sanctions against facilities with chronic safety issues. The task force has also recommended moving thousands of mentally ill residents into smaller settings with better treatment options.

Some lawmakers are concerned the reforms will not go far enough and have announced a separate proposal with the backing of a number of influential groups, including the AARP, Illinois Citizens for Better Care, and the trial lawyers association.