Illinois Nursing Home Abuse Lawyer Blog

June 17, 2013

Nursing Home Fined After 4 Die from Pneumonia

1057588_hospital_corridor.jpg An outbreak of a respiratory illness that led to pneumonia occurred in a Connecticut nursing home and claimed four lives before it was controlled. Now that nursing home has been fined $2,000 in connection with the handling of the outbreak after the Connecticut Department of Public Health determined errors occurred.

The Durham nursing home had 10 percent of its residents contract pneumonia by April 15 but did not report the condition as an outbreak until nine days later on April 24. The disease continued to spread until 20 percent of the residents and three staff members were ill by April 30. Of the residents who became ill, four eventually died in late April at the nursing home or at area hospitals. Reports indicate that all four had underlying problems at the time of their deaths but that their deaths were due to pneumonia.

The nursing home reportedly addressed the outbreak internally on April 24. At that time, employees were instructed to perform extra cleanings in the common areas and they were given instructions on how to limit the spread of the disease. Though the training was provided, the Department of Public Health has alleged that appropriate measures were not practiced and therefore the pneumonia continued to risk the health of residents. According to the citation, the employees did not quarantine those who were already sick and that staff did not wear masks while caring for the ill.

The elderly, together with young children and those with underlying health conditions, are at the greatest risk for contracting pneumonia and also the greatest risk of dying from the disease. This is one of the reasons that the pneumoccocal polysaccharide vaccine is recommended for all Americans over age 65. Though there is a vaccine for pneumonia, it is important to remember that the vaccine is only effective against 23 strains of bacterial pneumonia and that it is effective for only 60-80 percent of adults who receive it. This means that even if an elderly nursing home patient receives the vaccination, there is still a great need to exercise caution around anyone sick with pneumonia. In this case, the employees reportedly failed to take the necessary steps to prevent the spread of the disease and as a result more vulnerable residents became ill. Four of them were too ill to recover.

Continue reading "Nursing Home Fined After 4 Die from Pneumonia" »

June 13, 2013

Transmitter Bracelets May Help Illinois Police Find Missing Nursing Home Residents in the Future

833820%20juliaf%20www.sxc.hu.jpgThe Virginia Beach Police Department has announced that a local assisted-living facility will be the first in the area to use new technology in an effort to keep track of residents who may be at risk for going missing. Kings Grant House has reportedly partnered with the non-profit Project Lifesaver program to automatically enroll about 20 residents in a six-month tracking bracelet pilot program. A transmitter on each bracelet purportedly allows local police to track missing elderly residents using a fixed radio signal.

According to the program’s coordinator, Officer Allen Perry, Virginia Beach police have successfully used transmitter technology to search for at least 100 missing individuals who voluntarily sought out the device since 2005. Now, the 20 assisted living facility residents who suffer from Alzheimer’s disease, Autism, and dementia disorders will reportedly have another tool to ensure their safety. Although the city normally charges a monthly fee for a transmitter, no one will be charged during the pilot program. In addition, a local non-profit organization normally pays the monthly fee for community members who cannot afford it. Officer Perry stated almost 300 community members including the Kings Grant House residents are now enrolled in the Virginia Beach Project Lifesaver program.

According to Marj Pantone, Kings Grant House Administrator, the families of residents who will take part in the program have been supportive of using the new technology. Still, Pantone said nothing is foolproof and the facility will maintain its security personnel as well.

As beloved relatives age or become disabled, many Illinois families turn to long-term care facilities for help. Even the most dedicated family member will have a difficult time providing around the clock care for an unpredictable Alzheimer’s or dementia patient. At all times, skilled nursing facilities in Illinois are required to have enough direct care staff on hand to ensure your loved one is safe and accounted for. When an Illinois nursing home fails to ensure that patients who are at-risk of becoming lost are safe, the institution may be guilty of negligence. If your loved one was hurt or died as a result of skilled nursing facility negligence, you should contact an experienced Illinois nursing home abuse and neglect lawyer immediately.

Continue reading "Transmitter Bracelets May Help Illinois Police Find Missing Nursing Home Residents in the Future" »

June 10, 2013

Former Nursing Home Director Arrested for Falsifying Documents regarding Missing Resident

1421889_a_building.jpg A former director of a nursing home in New York has been arrested and charged with falsifying documents related to a missing resident, according to the New York attorney general's office. The criminal complaint alleges that a 74-year-old man went missing from the nursing home that the former director ran on May 26, 2013. The resident suffers from dementia and high blood pressure and has not been seen since his disappearance.

When the director realized the resident was missing, she failed to call 911 or even police to report the information. Instead she allegedly removed notes from the man's medical records and told employees not to call the police. The woman also instructed an employee to document that the resident left the facility voluntarily and against medical advice and that on May 29, she verbally told an inspector from the attorney general's office that the resident left on his own.

The resident was finally reported missing by the facility on May 30 and he has not yet been found but authorities are very concerned due to his impaired mental state and need for medical attention. The former director now faces charges including endangering the welfare of an incompetent or physically disabled person, falsifying business records, and willful violation of the health laws. If convicted on all counts, the woman will face up to four years in prison.

Residents of nursing homes are some of the most vulnerable members of our society and they deserve the utmost care and concern. Yet the director of the nursing home involved in this incident allegedly refused to admit that an error occurred and instead took active steps to conceal the incident. Instead of reporting the man missing immediately, the man was not reported for four days, making any attempt to locate him more difficult and placing his health and safety in significant danger.

Many residents of nursing homes suffer from mental impairments like dementia or Alzheimer's disease that cause them to be confused about where they are or where they should be. Some of these individuals may attempt to wander away from the home if they fail to recognize the nursing home or its employees or if they attempt to return to a previous home, like a house in a neighborhood they lived in for much of their lives. Employees and directors of nursing homes are charged with keeping their residents safe, and this includes preventing the residents who are unable to care for themselves from wandering away or leaving the home. Failing to do this is negligent and can make a nursing home, its employees, and its owners liable for injuries or even death that occur to the resident.

Continue reading "Former Nursing Home Director Arrested for Falsifying Documents regarding Missing Resident" »

June 7, 2013

Employee Arrested for Felony Aggravated Assault Against Elderly Nursing Home Resident

1334532_ambulance.jpg A horrific incident in Texas this week highlights the potential for abuse that thousands of Illinois nursing home residents face every day at the hands of those entrusted with their care. This recent incident occurred in Kaufman County, Texas where an 88-year-old nursing home resident was severely abused by an employee of the home.

The woman, who is wheelchair-bound and has Alzheimer's, sustained a large and serious cut across much of her forehead that her family saw one day upon a visit. No one in the home has been willing to explain how or why the cut happened but the victim's face and forehead also has significant bruising across her forehead, eyelid, check, and side of her face. A family member of the victim has released very disturbing photos that depict the injuries she sustained.

Family members reported the injury to local police who began an investigation into the incident. On Tuesday night, an employee of the nursing home was arrested and charged with felony aggravated assault causing injury to an elderly person. Police say that the man was caring for the victim at the time she sustained the injuries and when he was questioned, the man tried to conceal the incident and tried to blame another employee. He is currently being held in jail.

The victim in this incident has been removed from the nursing home and transported to a local hospital where she is being treated and cared for by physicians. The nursing home in question has been cited and fined at least twice in the past, once in 2011 and once in 2012, for providing sub-standard care to its residents. Another complaint of verbal and mental abuse lodged by a resident against an employee was substantiated in 2012 but the home was not fined as the blame was placed on a single employee who violated the policies of the nursing home.

Elder abuse in nursing homes like that described in this incident occur across the state of Illinois and result in numerous injuries to residents every year. Families of elderly people in need of care put their trust in nursing homes and believe their loved ones will be treated with care, but unfortunately not every facility does so. Though it may be the action of one or more individual employees that cause harm to a patient, the nursing home itself may be responsible for hiring an unqualified or incapable employee or for creating an environment where neglect and abuse are allowed to occur.

Continue reading "Employee Arrested for Felony Aggravated Assault Against Elderly Nursing Home Resident" »

June 5, 2013

Nurses Charged for Falsifying Documents in Nursing Home

1086225_book.jpg Two nurses who worked for a New York nursing home have been charged with falsifying documents when faced with a health inspection. Though this particular incident happened in New York, it is similar to those that occur in Illinois and it highlights the priorities that are placed upon some nursing home employees - to cover up for the nursing home even if it means endangering the safety of its residents.

The incident in New York began in March, 2011 when the New York State Health Department made a surprise visit to a nursing home facility. The health department was there to inspect the facility and to make sure that it was running in accordance with the applicable guidelines and codes. However when inspectors arrived, the director of nursing for the home reportedly called a meeting and encouraged another nurse to help her fill in blank forms, indicating that patients had received prescribed medication already when in fact none had been given.

Some time after the inspection, a complaint was filed with the attorney general's office, alleging the fraudulently filled out forms and the improper handling of patient medication. The attorney general began a review and investigation which culminated in charges leveled against the director of nursing as well as a nurse manager. The two women no longer work for the nursing home and have since claimed that they falsified the documents to protect the home and to prevent it from getting into trouble with the state.

As a result of the falsified documents, officials cannot determine if residents ever received their medication or if it was withheld from them. This has been troubling to the families of the residents, especially those who were on sensitive medication that needed to be administered at precise times and intervals. If these residents did not receive the proper dosage, it is likely that their health suffered to some degree. Those particularly at risk of medication errors include residents on anti-convulsants, or medications that treat and control seizures and other tremors, as well as patients on blood thinners and chemotherapy. In addition, any patient who was taking pain medication likely suffered in pain if they were not provided with the drugs they needed to keep them comfortable.

Continue reading "Nurses Charged for Falsifying Documents in Nursing Home" »

June 4, 2013

Homosexual Seniors May be at High Risk for Abuse in Illinois Nursing Homes

1392509_rainbow_flag%20sxchu%20username%20Ayla87.jpgAccording to research conducted by Services and Advocacy for Gay, Lesbian, Bisexual, and Transgender Elders (SAGE), homosexual senior citizens are more likely to age alone, less likely to have children, and less likely to utilize available elder care services than their heterosexual counterparts. Such individuals are purportedly often afraid of being discriminated against or victimized once they disclose their sexual orientation to health care providers. Sadly, many homosexual seniors also fear being mistreated in a long-term residential care setting.

In SAGE’s report, the organization claims that elderly members of the LGBT community are at a higher risk for abuse and neglect from hostile nursing home staff members and fellow residents than other individuals. In addition, many long-term care facilities reportedly refuse to allow same-sex partners to share a room. The report also claims that because many skilled nursing facility employees are not equipped to address hostility from other patients, homosexual residents are often moved to inappropriate wards or isolation.

An online survey of 769 people that was conducted between October 2009 and June 2010 reportedly fund that most individuals surveyed do not feel that LGBT seniors can safely be open about their sexual orientation with nursing home or long-term care facility staff. Additionally, at least 500 respondents expressed concern over being isolated or discriminated against and 43 percent described instances of mistreatment at a skilled nursing facility that directly resulted from an individual's sexual orientation. Such mistreatment purportedly included verbal abuse, refused admission, attempts to discharge, and restriction of visitors.

Long-term care facilities that receive Medicare and Medicaid funds are required to adhere to the provisions of the federal Nursing Home Care Act. The Act provides all nursing home residents with the right to choose their own physician, the right to privacy, the right to be free from abuse and unnecessary restraint, the right to receive any visitor they choose, and the right to voice complaints regarding the quality of care provided by a facility. The Illinois Act on the Aging was also created in order to protect the rights of senior citizens, including nursing home residents.

Nursing home abuse is not always easy to identify. Skilled nursing facility residents may experience emotional abuse and distress as well as physical harm. When a patient’s rights are violated, he or she may become depressed, attempt to alert friends and family members to the situation, exhibit a loss of appetite, and withdraw. Signs of physical abuse can include unexplained bruises, bedsores, broken bones, and an increased number of accidents. Any suspected instances of nursing home abuse or neglect should be taken seriously and reported immediately.

Continue reading "Homosexual Seniors May be at High Risk for Abuse in Illinois Nursing Homes" »

June 1, 2013

River Forest, Lisle Nursing Home Residents Evacuated From Flooded Facilities

774278_drag_line_equipment_taking_a_swim%20sxchu%20username%20rsvstks.jpgFollowing widespread flooding that reportedly prompted Governor Pat Quinn to declare at least 38 Illinois counties a disaster area in April, a number of Lisle nursing home residents were evacuated by emergency personnel. According to reports, more than 50 residents of the Snow Valley Nursing and Rehabilitation Center were removed from the flooded long-term care facility using boats over the course of several hours. Patients in wheelchairs and beds were purportedly evacuated by rescue crews from both Lisle and surrounding towns. Nursing Home Administrator Stephen Brumer said facility residents were taken by ambulance to other nursing homes in the region following the evacuation. Brumer added that the relatives of each patient were notified of their loved one’s location and health status after the rescue was completed.

Unfortunately, similar scenes recently unfolded in a number of other Illinois communities. As a result of heavy rains, residents at a River Forest nursing home were also forced to evacuate amid widespread area flooding. In addition, a roof allegedly collapsed at a skilled nursing facility in Carlysle. Although no injuries were reported, at least eight patients were purportedly displaced by the collapse.

All nursing homes that are certified to receive federal Medicaid and Medicare funds must have a written emergency management plan in place and provide workers with emergency preparedness training. Regrettably, a recent survey of skilled nursing facilities across the country allegedly found that most are not sufficiently equipped to handle a natural or other disaster and many failed to include all necessary tasks on an emergency checklist. Natural disasters like the flooding that recently occurred across Illinois can potentially affect both the physical and mental health of nursing home residents and workers.

Most nursing homes and other long-term care facilities operating in the State of Illinois receive federal Medicare and Medicaid funds. This means they are certified facilities. As a result, caregivers and administrators who work at Illinois certified nursing homes are required to adhere to both state and federal laws and regulations. Despite that most skilled nursing facilities in Illinois provide valuable patient care, those that fail to provide adequate services may fall through the cracks. If you believe a friend or family member was hurt or died as a result of the conditions he or she was subjected to while in the care of an Illinois skilled nursing facility, you should contact a skilled lawyer to discuss your concerns.

Continue reading "River Forest, Lisle Nursing Home Residents Evacuated From Flooded Facilities" »

May 28, 2013

Jury Awards $5.2 Million to Family of Nursing Home Neglect Victim

521961_hospital_bed.jpg An Arkansas jury awarded $5.2 million to the family of a woman who died after nursing home employees failed to act on doctor's orders.

The victim, a 76-year-old woman, entered a nursing home for 30 days of rehabilitation after suffering a stroke in 2008. Just over a week after her admission, the woman complained of severe pain, sweating, and an inability to have a bowel movement but her complaints were ignored by the nursing home staff. A doctor was called to examine her the next day and the doctor made a recommendation that the victim be transferred to an emergency room for evaluation and treatment. The order was passed on to an employee who was finishing a shift, so that employee faxed the order to another fax machine where the message was not seen.

The victim was never transferred to a hospital and remained in so much pain that she screamed throughout the day until she died later that night. The order to transfer her to an emergency room was found the day after the victim passed away.

The victim's daughters filed a lawsuit that alleged negligent care and treatment that led to their mother's death. After hearing the evidence in this matter, a jury returned a unanimous verdict finding that the nursing home guilty of negligence, medical malpractice, and a violation of the victim's rights. The jury determined that the damages amounted to $5.2 million for pain and suffering as well as mental anguish that will go to the estate of the victim for the benefit of her beneficiaries.

Abuse of this type happens in Illinois all too often. Residents are ignored, forgotten, or intentionally neglected when they are in a life threatening situation. While many residents believe they will have only a short stay in a nursing home, the lack of care they receive might make that impossible, as it did for the victim in this case.

Nursing homes are governed by federal and state regulations and are required to provide safe care and treatment to residents. Illinois also has a law requiring mandatory reporting of suspected elder abuse by certain professionals, including doctors, social workers, and police officers.

However even though there are regulations and mandatory reporting requirements, nursing home abuse still happens all too frequently in Illinois. Abuse may occur in many forms, including of neglect or indifference towards the care of a resident, development of bed sores, injuries caused by falls or being dropped by nursing home employees, medication errors, and physical or sexual violence by employees against residents.

Continue reading "Jury Awards $5.2 Million to Family of Nursing Home Neglect Victim" »

May 22, 2013

Elder Abuse Trial Highlights Potential Dangers for Illinois Nursing Home Patients

230578_hospital_6%20sxchu%20username%20rweller.jpgAs loved ones age or become disabled, countless families in Illinois and across the country turn to nursing homes for assistance. Unfortunately, it can be difficult to constantly monitor the quality of care your family member receives in such an environment. Sadly, trusting a nursing home to properly care for your beloved family member may result in tragedy.

A trial date was recently set for a former head nurse at a skilled nursing facility in Placerville, California who stands accused of felony elder abuse. According to Deputy Attorney General Steven Muni, the 59-year-old registered nurse violated her duty of care to a 77-year-old facility resident. The patient allegedly died as a result of neglect at the El Dorado Care Center in 2008. The nurse is also accused of failure to properly perform her duties and failure to supervise her staff. A trial date was set after an El Dorado County judge rejected the nurse’s request to dismiss the charges.

Last year, a former licensed vocational nurse reportedly agreed to a plea deal in connection with the same patient’s death. Because criminal prosecutions over nursing home abuse or neglect in California are rare, the criminal case is allegedly being monitored closely by both nursing home industry members and senior citizen advocates.

As was tragically the case in this instance, the neglect or abuse of a nursing home resident can have irreversible and fatal consequences. Federal standards require skilled nursing and other long-term care facilities that receive federal Medicaid or Medicare funds to maintain each resident at substantially the same level of health he or she exhibited upon entering the facility. If a patient's condition worsens, the nursing home is required to work towards restoring the resident to his or her original condition.

State law requires skilled nursing and other long-term care facilities in Illinois to maintain high enough staffing levels to safely monitor and maintain the health of patients in the institution’s care. When a skilled nursing facility or one of the institution’s employees fails to ensure at-risk patients are properly cared for, the nursing home and worker may be guilty of negligence. If you believe your friend or relative suffered neglect or abuse while residing in a skilled nursing facility located in Illinois, you should discuss your concerns with a quality lawyer.

Continue reading "Elder Abuse Trial Highlights Potential Dangers for Illinois Nursing Home Patients" »

May 13, 2013

Jury Awards $3.7 Million to Family of Nursing Home Patient Neglected in Colorado

A Colorado jury awarded $3.7 million this week to the family of a nursing home patient who died as a result of employee negligence.

The elderly woman entered the nursing home to recover from two broken ankles and all accounts indicated that the stay would be temporary. Reports indicate that she worked at the Colorado nursing home some thirty years before becoming a patient there. 945156_wheelchair%20%281%29.jpg

When she went into the nursing home, the woman had a catheter in place that remained there during her stay. The jury determined that the nursing home employees were negligent in monitoring the catheter as well as the woman's overall health. As a result of the negligence, she developed a severe urinary tract infection that spread to her bloodstream and eventually caused her death. There were also allegations that the nursing home employees falsified documents to show they provided care to the woman when no care actually occurred, though it is unclear if the jury made a determination on this claim.

The victim's daughter filed a lawsuit for damages which the jury determined to be $3.7 million - $200,000 for the daughter's pain and suffering and $3.5 million as punitive damages against the nursing home. A spokesperson for the nursing home announced that they are still considering whether they will appeal part or all of the award.

Unfortunately this type of nursing home abuse and neglect happens in Illinois every day. Patients have a right to receive quality medical and nursing care but for a number of reasons, including financial incentive, understaffed homes, and lack of culpability, residents often receive substandard care that leads to injury and even death.

Many nursing home patients are unable to complain about the care they receive or do not have adequate means to make their complaints heard. This causes many cases of neglect and abuse to go unreported and uncorrected across the state. Often family members of nursing home residents are the first to suspect neglect or notice signs of abuse.

Continue reading "Jury Awards $3.7 Million to Family of Nursing Home Patient Neglected in Colorado" »

May 12, 2013

Nurse Sentenced for Assaulting Elderly Knoxville Nursing Home Resident

875413_balance%20sxchu%20website.jpgA former Knoxville, Illinois nursing home employee was recently sentenced in connection with the alleged battery of an 82-year-old patient. Knox County Judge Paul Mangieri ordered the 56-year-old nurse to serve two years of probation and complete 100 hours of community service after she purportedly hit a resident at the facility where she was employed. The convicted woman was initially accused of a Class 3 felony over allegations that she purposefully struck a Good Samaritan Nursing Home patient in 2012. Despite that two of the woman’s co-workers apparently testified against her at trial, the nurse insisted the incident was an accident. Still, Judge Mangieri reportedly refuted her claims at a sentencing hearing by stating the battery was clearly no accident.

In 1988, Illinois passed the Elder Abuse and Neglect Act. The law was designed to respond to any instance of abuse of an Illinois senior citizen. The Illinois Department of Public Health is tasked with investigating and responding to all reports of senior neglect or abuse in a nursing home or other long-term care setting. Since 1999, all law enforcement, medical, and social service professionals are required by law to report any suspected instances of elder abuse or neglect where the individual being abused is unable to self-report. In addition, such professionals may also voluntarily report any suspected elder mistreatment.

Three years ago, the Governor of Illinois signed into law a number of nursing home safety measures created to protect patients in long-term care facilities from abuse. The 2010 law requires nursing homes to increase nurse staffing levels, perform thorough background checks on new residents, and ordered the state to hire a number of additional nursing home inspectors.

No senior citizen should feel unsafe in his or her place of residence. As this sad case demonstrates, elder abuse occurs in Illinois despite a number of laws designed to protect skilled nursing facility patients. Nursing home abuse may include physical violence or assault, withholding of medication, food, or personal items, simple neglect, and more. In too many cases, skilled nursing facility abuse results from an insufficient number of well-trained and competent direct care staff. If you believe a nursing home resident is being abused, you are advised to discuss your concerns with a quality nursing home abuse and neglect lawyer as soon as possible.

Continue reading "Nurse Sentenced for Assaulting Elderly Knoxville Nursing Home Resident" »

May 2, 2013

Illinois Nursing Home Residents May be at Risk of Abuse

780049_blank_keyboard%20sxchu%20username%20lcs9.jpgAuthorities in Columbia, South Carolina are reportedly investigating allegations of assault that apparently resulted in the death of an elderly nursing home resident. According to the former resident’s son, the 90-year-old woman died less than six months after he made the difficult decision to place her in the Kingstree Nursing Facility. The patient’s son said he chose the facility after searching the area for a safe and clean skilled nursing home. The man stated this is a decision he now regrets.

The deceased woman reportedly entered the Kingstree Nursing Facility in May 2012. Soon after, her son claims he found her lying in her bed with a broken hip and numerous bruises across her body. According to her son, the woman claimed she was attached by two unidentified women. Her son apparently photographed the 90-year-old’s injuries and reported them to facility administrators. Although local law enforcement officers allegedly investigated the assault, no charges have yet been filed. According to the woman’s son, Kingstree Nursing Facility also conducted an investigation but has refused to release the results.

Last year, the same nursing home was apparently written up by federal investigators for failure to implement abuse and neglect policies and failure to report a resident head injury. According to the decedent’s son, having that information readily available would likely have prompted him to choose another care facility for his mother. Although such information may be obtained by filing a formal request, South Carolina’s Department of Health and Environmental Control (DHEC) does not currently post nursing home inspection results online. DHEC’s Director, Catherine Templeton, claims inspection data will be available on a website by the end of 2013.

Unfortunately, many nursing home residents in Illinois may be at risk for similar abuse. Most skilled nursing facilities in Illinois are under contract to receive federal Medicare and Medicaid funds. This means such institutions are required to adhere to both state and federal laws and are subject to inspection using federal guidelines. A number of federal databases currently make recent skilled nursing facility inspection information available to the public online. Although not all inspection information is available on the Internet, federal law requires that state inspection agencies and individual nursing homes provide inspection results to the public upon request. Sadly, the true risk of nursing home abuse and neglect is not always easy to identify using an inspection report. It is always a good idea for relatives to visit their loved ones regularly and closely monitor the quality of care a nursing home resident receives.

Continue reading "Illinois Nursing Home Residents May be at Risk of Abuse" »