Illinois Nursing Home Abuse Lawyers Blog

A new study about the safety culture in nursing homes suggests that accredited nursing homes provide a more favorable care environment for seniors. Our Chicago nursing home abuse lawyers are encouraged by the prospect of improved care at nursing homes and other long-term care facilities in Illinois and around the nation.

The study, published by the Joint Commission, surveyed around 4,000 nursing homes to gather data about safety culture practices at the facilities. Safety culture is a term used in the medical field to describe the attitude and understanding of patient care methods amongst employees. The Joint Commission is an independent, non-profit corporation that offers accreditation procedures to improve health care practices in medical facilities.

Past studies linking accreditation to improved hospital safety culture inspired the nursing home study. This recent study considered factors such as: employee understanding of care procedures, staff attentiveness to patients' needs, the adequacy of staff in relation to the demand for care, and staff opinions about the quality of care being provided. These are just a few of nearly 40 sub-topics the survey covered. Nursing home senior managers rated the factors on a sliding scale that assessed the employee and management attitudes towards the particular care standards in their facilities.

Accredited homes received more positive ratings in all but three of the categories. Researchers believe the data is extremely encouraging with regard to patient safety. They suggest that positive ratings by management indicate a healthy and thriving patient safety culture, which can translate to more competent patient care. Although the accreditation process can be time-consuming, it is proven to produce beneficial outcomes.

During the accreditation process, a team of specialists from the Joint Commission typically goes to the facility and observes interactions between patients, staff, nurses, and supervisors. The team then makes reconstruction suggestions to improve the workflow and boost the patient safety culture. Changes place stress on improving the workplace morale so that employees feel comfortable discussing challenges or errors they encounter during the workday. The study suggests that open communication lines lead to a reduction in dangerous incidents overall.

Paying attention to the quality of care is going to become increasingly important as local and national government entities fight to squeeze budgets and reduce deficits. In Illinois, Governor Pat Quinn recently proposed a $2.7 billion cut to Medicaid services. All of the homes in the Joint Commission study went above and beyond Medicaid care standards, incurring the extra cost to get independently accredited. The cut could drastically reduce the number of nursing home employees. It could even prevent elders from receiving the funding needed to get treatment at nursing home facilities.

The study suggests that, even on the current budget, it is difficult for homes to spare the cash to get accredited. The Chicago Tribune is reporting that of the $2.7 billion cut backs, $675 million may be saved by reducing reimbursement payments to nursing homes and hospitals for the care they provide. Quinn insists that without cutbacks, the State Medicaid debt could spiral out of control to almost $21 billion dollars within the next five years.

Health Care Council of Illinois, an advocacy group for nursing home residents, is currently touring local nursing homes to rally residents and provide information about the budgetary developments. Some politicians oppose the plan due to the dangers associated with reduced care accessibility, while others simply believe the budget plan is a threat that will never go through.

Whatever the outcome, our skilled nursing home lawyers are concerned about the level of care that is currently provided and how it will change in the future. We have seen far too many preventable mistakes happen in both accredited and non-accredited nursing facilities. It is important to contact an experienced elder law attorney if you or a loved one is injured by nursing home abuse or neglect.

Illinois nursing home lawyers at the Law Firm of Pintas & Mullins understand the decision to place a loved one in nursing home care is quite difficult. Families of elderly nursing home residents must trust that the nursing facility will provide essential services and adequate supervision. Unfortunately, some of the nation's largest for-profit nursing homes are still being cited with a high number of deficiencies related to resident neglect and abuse.

According to a recent release by the consumer group Families for Better Care, financial motivations explain some of the problems that seriously impact the health and well-being of vulnerable residents. In an effort to increase profits, many of the nation's leading nursing home chains are cutting back on labor costs. As a result, fewer skilled nursing personnel are available to assist residents with food and medication needs, or provide them with critical services such as bed sore prevention.

From a purely cost-savings standpoint, this strategy is effective. Year-end earnings statements show that several large, publicly-traded nursing homes experienced significant revenue spikes in 2011. Kindred Health Care reported an "exceptional" year, with operating revenues increasing from $4.4 to $5.5 billion. Annual revenues at AdCare jumped 200% to a record total of $151.4 million. And the Ensign Group nursing home chain reported "better than expected" operating results.

Several analysts predicted that the nursing home market would be negatively impacted by recent Medicare cuts that averaged about 11 percent. One study estimates that as many as 80 percent of nursing home residents rely on Medicare or Medicaid to provide for their nursing home care. Accordingly, adjusted Medicare reimbursement rates were expected to hurt the overall financial health of the nursing industry in 2011. Surprisingly, the balance sheets of many for-profit nursing homes reveal a far different reality. Nursing homes continue to thrive, and some facilities are even enjoying record revenue totals.

These figures suggest that deep staff cuts likely offset adjusted reimbursement rates, allowing nursing facilities to maintain a strong bottom line. Sadly, quality resident care is the only area on the decline. Studies show that inadequate staffing levels typically lead to higher deficiency rates. According to the journal Health Services Research, nursing homes with lower nurse staffing hours have the sickest residents. Some common deficiencies that residents typically suffer from include weight loss, falls, and serious mistreatment or neglect.

It is unacceptable to our Illinois nursing home negligence attorneys that far too many nursing home chains continue to emphasize profits over quality care. Some of the most serious safety violations are happening at the largest for-profit nursing facilities. Elderly and disabled residents are suffering from poor sanitary conditions, inadequate supervision, and a number of other safety-related deficiencies.

Continue reading "Strong Profits but Poor Quality of Care at Nation's Largest Nursing Home Chains" »

A recent report of an unsafe Humboldt Park nursing home calls attention to the chronic problem of understaffed nursing homes that choose to put profits ahead of patient safety. In Illinois and around the country, nursing homes are attempting to cope with growing budget restraints by cutting down on the number of employees. Sadly, although these staff cuts may lead to larger profits, they also deprive vulnerable residents of the treatment and care they need.

Our Chicago nursing home negligence lawyers vigorously advocate on behalf of local seniors and their families who depend on nursing home facilities to meet their long-term care needs. At a minimum, these seniors deserve to have their most basic needs met, including adequate stock of items such as adult diapers, gloves, and soap. When these supplies are not provided, or other critical needs are ignored, studies show that illness and injuries are more likely to happen.

The latest report of nursing home negligence at the Center Home for Hispanic Elderly in Humboldt Park is a clear example of an understaffed facility that is putting residents at risk of great harm. According to the Chicago Tribune, several investigations are underway due to numerous complaints of staffing and supply shortages at the facility. It appears that basic caregiver duties are not being met, forcing residents to suffer unsafe and unsanitary conditions. One woman even told the Tribune that negligence may have caused her mother's death. The victim's health rapidly deteriorated during her time at the facility, where she was not provided adequate supplies of diapers and soap. The victim eventually suffered a urinary tract infection and died a week later.

Safety issues seem to be worsening at the facility, where a majority of residents are Latino. Medicare's Nursing Home Compare website recently gave the Center Home a one-star rating, which is the worse rating possible. This is down from two stars in July 2011. Many of these issues are likely due to understaffing. Reports indicate that residents receive an average of just 0.32 hours of care per day, which is among the lowest percentage nationwide. When nursing homes and other long-term care facilities fail to provide proper staff, it is impossible for residents to get the care that they need. Research shows that a lack of attention and care can lead to serious problems, such as dehydration, pressure sores, and falls.

In order to protect residents from the serious risk of harm, the state and federal governments have enacted minimum staffing regulations that nursing facilities must comply with. Federal law requires that Medicare and Medicaid funded nursing homes provide each resident with at least 3 hours of skilled care per day. Illinois requirements are even more stringent, with the state's landmark 2010 nursing home reform law calling for at least 3.8 hours of care per resident per day. At least 20 percent of that care must be provided by a registered nurse.
 

Continue reading "Widespread Negligence and Mistreatment Reported at Latino Chicago Nursing Home" »

A homicide investigation continues into the death of an 80-year-old dementia patient who was brutally beaten by a fellow resident at an Oak Park nursing home on February 12, 2012. According to a report by the Chicago Tribune, the victim of the attack was found lying unconscious after an altercation with a 66-year-old resident from the same ward at the Oak Park Healthcare Center nursing home. An autopsy revealed that the victim died of a traumatic brain injury from the assault.

Our Chicago nursing home abuse lawyers are shocked by the negligent circumstances surrounding this attack. Early reports indicate that the alleged perpetrator had a violent criminal history that was not adequately addressed by nursing home staff. Illinois law requires that nursing homes conduct background checks on residents within approximately three days of admission in order to determine whether or not they pose a substantial safety threat. Under the Illinois Nursing Home Care Act, nursing homes and assisted living facilities have a duty to supervise and protect all residents who are under their care. Accordingly, if a background check reveals that a resident has a criminal past, the nursing home must conduct a qualified risk assessment and make special arrangements to ensure the safety of other residents in the facility. Information about a resident's criminal background must also be provided to anyone who makes a request.

Unfortunately, it appears that this was not the first instance of nursing home negligence at this facility. According to the OakLeaves, which is published by the Chicago Sun-Times, at least 120 formal complaints have been made against the facility since 2001. Close to 10 identified criminal offenders currently live at the nursing home facility. The Illinois Department of Public Health has cited the facility several times in recent years for failing to properly report resident abuse, failing to enact comprehensive care plans for identified risk offenders, and failing to notify state authorities after discharging residents with a criminal history.

In addition to a number of complaints involving residents with felony backgrounds, other serious violations have been committed at Oak Park Healthcare that seriously jeopardized the safety of residents. In February 2010, a mentally ill resident engaged in a series of physical and verbal attacks against other residents and nursing home staff, but administrators at the facility did not take any steps to intervene. Another troubling example of inadequate care and supervision occurred in 2005, when a female resident at the facility was raped by a male resident who was under the influence of alcohol. Other fines and citations have been issued for hygiene violations and abuse by staff members.

Continue reading "Dementia Patient Suffers Fatal Beating at a Negligent Suburban Illinois Nursing Home" »

Our Illinois nursing home abuse lawyers recognize that while many nursing homes deliver adequate care to their residents, there are unfortunately still plenty of nursing homes that consistently fail to comply with minimally accepted standards of care. When these standards are not met, residents are at an increased risk for serious abuse and neglect.

According to U.S. News and World Report, although nursing home care is slightly improving overall, there are still some nursing homes that chronically underperform. Problems persist on both a local and national level, such as dirty bed linens and equipment, resident mistreatment and unlicensed staff members caring for residents. Private homes seem to perform even worse than their non-profit counterparts, particularly those owned by large nursing home chains.

The federal government ranks all nursing home and long-term care facilities on its Nursing Home Compare website. The rankings are based on annual inspections that take into account such factors as the amount of time staff members spend with residents and the control measures that are in place at each facility. This type of information is of critical importance to someone trying to determine where to place a loved one in need of care.

Out of 15,700 nursing homes across the country, data shows that at least 5,600 of them have consistently had a one star ranking for the last three years. Some of the lowest performing homes in Illinois include Alden Long Grove Rehabilitation and Healthcare Center, All Faith Pavilion, and the Woodbridge Nursing Pavilion. Although these facilities are ranked poorly, they are still held to the same standard of care as the highest-rated nursing homes. Federal regulations require that nursing homes are sufficiently staffed to meet the needs of residents, bed sores are adequately treated, and proper nutrition and hydration is administered.

Medications must also be dispensed appropriately, and a plan must be in place to correct any deficiencies. Nursing homes and long-term care facilities that fail to comply with these standards put residents at risk of serious harm. An experienced nursing home neglect attorney at Pintas & Mullins Law Firm can help those who are injured by lapses in care.

Continue reading "New Report Shows Some Illinois Nursing Homes Consistently Fail to Deliver Quality Care" »

Illinois elder abuse attorneys at Pintas & Mullins Law Firm strongly advocate on behalf of all elderly nursing home residents who are harmed by abuse and neglect. When we place our vulnerable loved ones in a nursing home or other long-term care facility, we rightfully expect that the facility will provide the quality care that they deserve. Federal and state laws such as the Nursing Home Care Act mandate certain minimum standards that must be met in order to protect nursing home residents. Unfortunately, instances of abuse and neglect continue to expose our loved ones to devastating and often fatal injuries. Unfortunately, the problem is more widespread than we realize. A new report conducted by the non-profit organization ProPublica explains how systematic flaws allow tragic cases of abuse and neglect to be ignored.

Investigators uncovered more than three dozen cases of alleged abuse and suspicious deaths involving seniors that were overlooked by authorities and written off as natural fatalities. Erroneous or incomplete death certificates are partly to blame. Many states allow physicians to fill out a death certificate even if they have never seen the body. As a result, clear signs of abuse are frequently eluding authorities. In the case of a 76-year-old nursing home resident described in the report, his death was tied to obvious signs of poor care such as an infected ulcer, sepsis, and dehydration. He was also given an inappropriate amount of powerful and potentially lethal antipsychotic drugs by nursing home staff. However, his death certificate listed his cause of death as heart failure caused by clogged arteries. The true cause of his death would not have been revealed without a tip from a nursing home staffer prompting authorities to re-examine his case.

Faulty reporting practices are also to blame. Hospitals must report unexplained or suspicious deaths to the coroner or medical examiner for further investigation. However, these agencies rarely take hospital cases due to a lack of financial and staffing resources.

A general resistance among the medical community to order autopsies for patients
older than 60 is another contributing factor that explains why so many suspicious senior deaths are overlooked. Out of more than 1.8 million seniors who died in 2008, less than 2 percent were autopsied. This may be due to a shared sense of bias leading coroners and medical examiners to assume that senior deaths are due to the natural aging process rather than institutional mistreatment. An even more likely explanation can be attributed to economic concerns. An autopsy can cost more than $1,000, and Medicare or other insurers strictly limit reimbursements. Medical examiners and coroners are already overburdened, and bringing in more seniors would further stretch their limited resources. Doctors may also have an inflated sense of confidence in diagnostic tools such as CT scans while seniors are alive, but even the most sophisticated equipment can lead to diagnostic errors serious enough to result in death.

Continue reading "New Report Shows Elderly Deaths Involving Nursing Home Abuse are Increasingly Ignored" »

A recent online study by the University of California, San Francisco shows that the nation's largest for-profit nursing home chains provide decidedly lower quality care than their non-profit and government-owned counterparts. This study was made available in advance of print publication in Health Services Research, and states that the primary cause of the reduced quality of care is due to nursing staff cuts.

The reduction of nurses at major nursing home chains comes as no surprise to Chicago nursing home attorneys at Pintas & Mullins Law Firm, who have seen a steady increase in Illinois nursing home abuse and neglect cases in the past decade. The surge in nursing home neglect cases is due in part to a significant expansion in nursing facilities in recent decades. A large number of nursing home chains were publicly traded until the early 2000's, when five of the largest chains filed for bankruptcy. After a period of reorganization, and substantial increases in Medicare payments, many of the largest nursing home chains became more financially stable, and were taken over by private equity firms.

The top 10 nursing home chains have found that by keeping operation costs low, and reducing the amount of nurse "staffing hours" per facility, they could increase profits. From 2003-2008, the largest for-profit chains had 30% fewer nursing staff hours than non-profit or government-owned facilities. These 10 chains provided care for the sickest patients, yet had considerably lower nursing power to attend to these patients.

In addition to reduced staffing hours, the top 10 chains were 36% more likely to be cited for deficiencies, and 41% more likely to be cited for serious deficiencies than their counterparts. Deficiencies were cited as failure to prevent bedsores, failure to prevent infections, failure to prevent falls, and failure to keep adequate sanitary conditions.

The top 10 largest chains operate approximately 2,000 facilities nationwide, which represents about 13% of the country's nursing homes. In 2008, the top 10 for-profit chains were: HCR Manor Care, Kindred Healthcare, Genesis Healthcare Sun Health Care Group, National Health Care, Skilled Healthcare, Golden Living, Life Care Centers of America, Extendicare Health Services and Sava Senior Care.

Continue reading "New Study Shows Quality Care is Declining at Largest Nursing Home Chains" »

Our Illinois nursing home abuse lawyers strongly advocate on behalf of all nursing home neglect and abuse victims who suffer from poor quality care. We recognize the dangers of proposed Medicaid and Medicare cuts, which negatively impact skilled nursing facilities and their residents. A new report by Gannet News Service illustrates the devastating consequences that federal funding cuts have on our most vulnerable seniors.

The latest report is based on a nationwide survey by Avalere Health, which found that nursing homes plan to lay off at least 20,000 workers and cancel more than 400 planned renovations or expansions. These deep cuts are the result of a new federal regulation that will reduce Medicare funding to nursing homes by nearly $80 billion over the next 10 years.

Budget cuts threaten the safety and stability of nursing home residents and directly impact the quality of care that they receive. Many facilities are already struggling to provide the care that residents need due to a lack of resources and adequately trained staff. Further cuts will only worsen the treatment of these residents and lead to even more cases of nursing home neglect and abuse.

The report focused on Ohio nursing homes, where state Medicaid payments were cut by approximately 5.8 percent on July 1, 2011. Since that time, more than 300 nursing facilities laid off 2,800 employees and other homes cuts worker's pay or benefits. At least four Ohio nursing homes are expected to close by the end of the year. The state also saw an increase in the number of nursing home neglect and abuse complaints, including a noticeable rise in the number of the most serious inspection violations. This shows that staffing levels are directly related to quality care, and the well-being of nursing home residents is at stake when rates are cut. When fewer employees are expected to care for an increasing number of nursing home residents, including many that require extra supervision for chronic health conditions, the consequences may be deadly.

In Illinois, the impact of federal healthcare cuts will be just as dramatic. State Medicaid cuts are also anticipated, with Governor Pat Quinn's proposed 2012 budget predicting a $70 million cut for Illinois nursing homes. Capitol Care Center is one of many nursing homes that will be deeply affected, expecting to lose about $400,000 in the next fiscal year. The facility's administrator has acknowledged that staff and service levels will have to be cut, which will negatively affect patient care.

Continue reading "Illinois Nursing Home Negligence Lawyers Warn of the Devastating Impact of Medicaid Cuts on Nursing Home Residents" »

Our Illinois nursing home attorneys vigorously fight for victims of medical errors, who suffer serious medication-related injuries. Studies show that one out of every 10 nursing home residents is harmed by prescription drug errors each month. Many of these errors are due to chronic understaffing or poorly trained staff. Although the problem is nationwide, medication errors are particularly common in Illinois nursing homes.

A recent investigation by the Chicago Tribune found that thousands of Illinois nursing home residents are unnecessarily overmedicated or drugged without consent. State and federal inspection reports show that local residents are routinely given antipsychotic drugs even though they have not been diagnosed with psychosis. In all, nearly 3,000 Illinois nursing home residents have been affected by psychotropic medication errors since 2001. This is extremely troubling, because these medications have a high risk of death, particularly when they are administered to vulnerable, elderly seniors.

While some patients may legitimately require antipsychotic drugs in order to treat mental illnesses like schizophrenia, these powerful and dangerous drugs are often misused. Seniors suffering from diseases such as cancer, Alzheimer's, or Parkinson's have been given antipsychotic medications to deal with confusion or anxiety. Other patients suffering from dementia are also being overmedicated so that they are easier to control. The standard of care for Illinois nursing homes directs employees to use their best efforts to calm restless patients and redirect their attention when they lash out, before resorting to drugs. Unfortunately, many nursing homes are ignoring this standard, largely because the staff is stretched thin and lacks adequate training to deal with the problem without the use of unnecessary medications.

The Tribune report documents the case of one Heritage Nursing Home resident, who had a history of heart problems but did not exhibit any signs of mental illness. He repeatedly refused to take an antipsychotic medication, but a nurse gave him one without telling him what it was until after he swallowed it. She claimed that she was trying to "help with his mood." This type of behavior clearly violates the Omnibus Budget Reconciliation Act of 1987, which states that facilities cannot administer psychotic drugs without a doctor's orders and patient consent. There are serious health implications when this law is violated and patients are overmedicated with dangerous drugs. The labels of many popular antipsychotics have black-box warnings, which is the highest type of FDA warning. These drugs carry the risk of serious side effects, including seizures, permanent muscle complications, and even death. The longer patients are on these medications, the more they run the risk of permanent damage.

Continue reading "New Report Exposes Risk of Overmedication in Illinois Nursing Homes" »

Our Illinois nursing home abuse attorneys understand that one of the most devastating types of nursing home abuse occurs when trusted employees of long-term care facilities take sexual advantage of vulnerable residents. Often times, elderly and disabled nursing home residents are unable to fight back against their attackers, and they suffer traumatic physical and emotional injuries.

One of the latest Illinois sexual abuse nursing home tragedies happened at the Crystal Pines Rehabilitation and Health Care Center in Crystal Lake. As the Chicago Tribune reports, a disabled 93-year-old resident was inappropriately touched in her sleep by a nursing home employee. About halfway through his midnight shift, the 22-year-old certified nurse's assistant went into the woman's room and perpetrated the abuse. The woman immediately reported the sexual attack to authorities and went to a local hospital for examination.

News reports indicate that police arrested the alleged attacker at his home on a charge of felony criminal sexual assault. The caregiver posted bond and was released from jail. His criminal proceeding is scheduled to begin in mid-November, and he faces up to 30 years in prison if convicted of the sexual abuse crime. The incident was also reported to the Illinois Department of Public Health.

Sadly, this is not the first time the care center faces allegations of abuse or neglect. According to a 2009 inspection report by the Department of Health and Human Services, the facility failed to follow the department's hiring regulations and failed to properly protect residents from abuse, neglect, and mistreatment.

Sexual abuse of nursing home residents cannot be tolerated, and it is important to hold nursing homes responsible for their role in these attacks. In addition to criminal proceedings, which are brought by the state, victims of nursing home abuse and their families can also bring a civil action against the attacker and the long-term care facility. A civil lawsuit can provide compensation for physical injuries as well as mental and emotional trauma. It also incentivizes negligent or reckless facilities to avoid causing patients further harm.

Continue reading "Authorities Investigate Sexual Assault at Illinois Nursing Home" »

Our Illinois medical malpractice attorneys strongly advocate on behalf of our clients for quality nursing home care. We understand that in the long run, high quality care is less costly and more effective at maintaining or improving a patient's overall quality of life. A new study in the New England Journal of Medicine illustrates the problem of avoidable hospitalizations and the financial incentives behind them that are leading to higher healthcare costs and poor health outcomes.

According to the study, conducted by researchers from Harvard University, Brown University, and Dartmouth Medical School, a significant number of hospitalizations can be avoided with better communication and care among workers in Illinois nursing homes and nursing homes around the country. In fact, it has been estimated that nearly half of all hospitalizations of long-stay nursing home residents are potentially avoidable.

Unfortunately, the study also points out that nursing homes have a financial incentive to hospitalize patients, ultimately leading to unnecessary complications and expenditures. Medicaid and private insurance typically pay for nursing home care, while Medicare covers hospital care. Medicare may also cover the cost of rehabilitation at the facility for a limited period of time after hospitalization, at a much higher rate than Medicaid. This creates an incentive for nursing homes to transfer sick residents to the hospital, where Medicare will absorb the costs. Researchers found that approximately one fifth of Medicaid nursing home residents suffering from Alzheimer's or dementia were transferred to hospitals for questionable reasons during the last 4 months of their life.

Unnecessarily hospitalizing nursing home residents creates a financial burden for taxpayers, because Medicare hospital benefits are funded by our payroll taxes. Medicare is paying significant costs for nursing home residents suffering from complications such as bedsores or feeding tube insertions who could be effectively treated without a hospital transfer. Many times, hospitalizing elderly patients actually results in further complications because these patients are vulnerable to infections that can occur in a hospital setting. Studies also show that elderly patients often become confused and experience a decline in functional status when they are transferred to a hospital.

Continue reading "Preventable Nursing Home Hospitalizations Drive up Health Care Costs" »

The latest quarterly report released by the Illinois Department of Public Health shows that area nursing homes are continuing to violate basic health and safety needs of residents, putting these residents at risk of great harm. Unfortunately, evidence of physical, verbal, and sexual abuse is still being widely reported by residents of many Illinois nursing facilities. Our Chicago nursing home lawyers know that abuse and neglect often go unreported, so the problem may be even more widespread than health department investigators recently revealed.

According to the IDPH report from January through March of 2011, 29 nursing home facilities in our area violated the Illinois Nursing Home Care Act and compromised the safety of elderly residents. Many of these facilities received serious "Type A" violations, resulting in large financial fines and license revocations. A violation that is classified as "Type A" is one of the most serious kinds of violations, including only acts of physical or mental harm that result in a substantial probability of death or serious harm to a resident.

A state health inspection at the Waterfront Terrace nursing home in downtown Chicago uncovered some of the most disturbing violations. At least nine identified criminals were found living at the nursing facility, however no risk assessments or treatment plans were performed for any of them. Failing to determine the appropriate amount of supervision that these criminal offenders needed resulted in serious consequences. Police were called to the nursing facility after one resident with a history of burglary and aggravated assault brutally attacked his roommate. The injuries were so severe that the victim required hospital care and stitches to his nose. The attacker previously exhibited aggressive behavior towards his roommate, grabbing him after a verbal altercation and even shoving a chair at him on one occasion. But nursing home workers carelessly and routinely ignored this serious nursing home abuse, and did not take any actions that would have prevented the violent physical attack.

Waterfront Terrace was also cited for other nursing home violations, including one instance in which a resident was found lying in a pool of blood, then passed away at a hospital two hours later. State investigators found that the injury occurred because the resident was not properly monitored after a dialysis treatment and began bleeding from his arm shunt.

Other Illinois nursing homes recently violated patient health and safety standards, including Alden Terrace of McHenry Rehab. Reports show that workers at the facility failed to protect two dementia patients from inappropriate sexual contact. This resulted in the sexual abuse of one patient to another on the Alzheimer's unit. Similar instances of nursing home negligence and abuse were reported at several local nursing facilities.

Continue reading "Illinois Health Inspectors Uncover Close to 30 Nursing Home Negligence and Abuse Violations" »

A short term nursing home stay that turned deadly for an elderly Alzheimer's patient resulted in a $91.5 million jury verdict in favor of the victim's family. Now Bloomberg is reporting that the facility that caused the resident's dehydration death, HCR ManorCare nursing home, plans to appeal.

The victim's son filed a wrongful death lawsuit on behalf of his mother, who died of dehydration and renal failure just three weeks after entering the Charleston, West Virginia care facility. The 87-year-old's son made the difficult decision to admit his mother to the nursing home after realizing that he could not provide the level of care and attention that she needed. Her stay was intended to be short-term, until space opened at another facility specializing in Alzheimer patient care.

Sadly, the woman did not make it out of the facility alive. Shortly after she was admitted into the negligent nursing home, her medical condition began to deteriorate. Soon she was no longer able to walk and talk, and lost more than a dozen pounds in a matter of weeks. She could no longer recognize family members as her stay progressed, and it appeared that basic needs such as food, water, and proper grooming were not being met. When it became obvious that the woman was severely dehydrated, she was taken to a local hospital and died that same day.

In addition to the horrific substandard care the woman received at ManorCare that ultimately led to her death, trial testimony revealed that even staff members refused to tolerate an overall poor level of care at the facility. The staff turnover rate was approximately 112% in 2009, the year the victim entered the facility. Some staff members recognized the problems right away and left during an orientation meeting. Several nursing home workers who stayed testified that they were physically incapable of providing quality care because they were so overworked and understaffed.

After hearing about the chronic negligence happening at the nursing home, which contributed to the Alzheimer patient's rapid decline and death, the jury spent just two hours deliberating before returning a $91.5 million verdict in favor of the victim and her family. ManorCare nursing home officials now say they intend to appeal, although they did not specify on what grounds.

Continue reading "Nursing Home Will Appeal Substantial Medical Negligence Verdict Awarded to Victim's Family" »

The Chicago Tribune is reporting a disturbing story of criminal sexual abuse by a Chicago-area nursing home worker against an elderly dementia patient who was entrusted to his care. Police arrested the former Lexington Health Care worker on charges of aggravated criminal sexual assault. Our Chicago nursing home abuse attorneys know that the emotional and physical trauma he caused by his inappropriate actions will have a lasting impact on the nursing home resident and her family.

The alleged perpetrator was working as a certified nursing assistant at the Orland Park care facility when police say a co-worker saw him engaged in sexual contact with a 93-year-old dementia patient. The woman was examined by a sexual abuse expert, who confirmed that she was assaulted. According to nursing home officials, the man worked at the facility for about a week-and-a-half prior to the attack and did not have a history of sexual abuse. An internal investigation is underway.

Sadly, this is not the first case of reported sexual abuse at an Illinois nursing home facility. A recent Chicago Tribune investigation revealed allegations of rape and criminal sexual assault at more than 100 Illinois nursing homes since 2007. Although many of the cases involved attacks by fellow residents, at least a handful were reportedly committed by a nursing home employee.

Elderly and disabled nursing home residents are particularly vulnerable to sexual abuse because many of them have restricted mobility and mental disorders. They are often not able to understand or consent to sexual intercourse, and are threatened or physically forced into sexual acts. The level of dependency and the close relationship that residents have with nursing home workers also puts their safety at risk, because they place a great amount of trust in these healthcare professionals to protect their best interests.

Continue reading "Illinois Nursing Home Worker Accused of Sexually Assaulting Elderly Dementia Resident" »

Dozens of elderly nursing home residents were forced to quickly relocate from the nursing home facility they were living due to funding problems. The Astoria Gardens and Rehab center, a nursing home that existed for decades in west-central Illinois, recently closed its doors after reports of late state payments. The nursing home facility was home to more than 35 residents and employed about 40 people.

When a nursing home facility closes, it is the nursing home's responsibility to relocate residents, and a 90-day notice is required. Unfortunately, Astoria's residents were given just a couple of weeks to find new homes. Many of the residents were in their 80s and 90s, so forcing them to a different location in such a short period of time likely took a serious emotional and physical toll.

Reports from the Peoria Star Journal claim that the state was at least six months behind in its healthcare reimbursement payments to the facility, although government officials deny the allegations. A spokeswoman for the Illinois Department of Public Health confirms that the closing was voluntary.

Astoria is one of many nursing homes around the country closing due to underfunding by Medicaid. Our Illinois nursing home lawyers realize that as more and more nursing homes close, our loved ones are having trouble finding places to live in their elder years. The number of available nursing home beds has decreased at least 5 percent in the last decade, and the number of available high-quality senior care options continues to rapidly diminish.

We also recognize that nursing home closures can lead to abuse and neglect of vulnerable residents. Unfortunately, some nursing facilities that remain open in our area are already operating with minimum staffing levels and cannot provide adequate monitoring and supervision to residents presently in their care. The additional burden of even more residents, requiring more medications and maintenance, may open the door for instances of nursing home negligence.

Continue reading "Illinois Nursing Home Closes Due to Underfunding" »