March 19, 2010

New legislation aimed at reducing Chicago nursing home abuse and neglect

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.

Continue reading "New legislation aimed at reducing Chicago nursing home abuse and neglect" »

February 8, 2010

Government moves to close Chicago nursing home amid neglect and abuse allegations

The federal government moved to close Somerset Place on Friday, a troubled Chicago nursing home accused of abuse and neglect of residents, according to the Breaking News Center.

The government moved to terminate funding for the nursing home in Uptown, contending in court filings that violence, abuse and mistreatment put "the health and safety of ... residents in immediate jeopardy."

Authorities report it has been four years since a a federal termination order has been issued for a Chicago nursing home. Four Illinois nursing homes have been de-certified because of problems since 2005 -- those homes have been sold or closed.

The action follows a report by the Chicago Tribune, which identified 66 of the 300 residents as convicted felons with mental illness. The century-old former hotel was home to a chaotic environment of poorly-supervised residents who bit and punched each other, turned over tables and tested positive for drugs, according to federal inspection reports.

Former staff members told investigators that the Chicago nursing home was understaffed and its caseworkers were poorly trained. Somerset officials filed an emergency civil lawsuit in an attempt to stop the government action but were denied by a federal judge on Friday.

The home will receive Medicaid funding for another 30 days and may stay open while it tries to re-enter the Medicaid system or sell to a new owner.

One of the owners, who has a stake in a dozen Illinois nursing homes, declined to comment to the press. The nursing home is one of the largest in the state and reported a profit last year of almost $2.3 million.

Chicago police investigated 15 alleged assault and batteries inside the home between April 2008 and July 2009, as well as five reported cases of criminal sexual assault and five cases of narcotics possession.

One resident, who had been prostituting herself and using crack cocaine while living there, was later found murdered, according to The Tribune.

Continue reading "Government moves to close Chicago nursing home amid neglect and abuse allegations" »

January 27, 2010

Chicago nursing home sexual abuse cases go underreported and uninvestigated

Since 2007, one out of every four Chicago nursing homes have reported cases of sexual assault against elderly and disabled residents but there has been only one arrest, according to a report by the Chicago Tribune.

At least 86 cases of sexual assault or rape have been reported in 30 of the city's 119 nursing home in the past two-and-a-half years.

State law requires nursing homes to immediately report such instances of Chicago nursing home abuse to authorities. However, The Tribune found no police reports were filed in connection with at least nine alleged sexual attacks reported by the Illinois Department of Public Health.

Most of the cases involved residents attacking other residents. Others involved attacks by employees or visitors -- the sole case to be prosecuted involved an orderly.

As reported in November
by the Chicago nursing home abuse attorneys at Abels & Annes, the state is scrambling to address a three-part Tribune series detailing the mixing of mentally ill felons with nursing home residents, incomplete background checks, low staffing levels and a breakdown in reporting serious crimes against residents.

Government records show that the 30 Chicago facilities where rapes were reported were about twice as likely to house convicted felons and mentally ill patients.

The Tribune reported that most of the 30 Chicago nursing homes with alleged sexual assaults had substandard staffing levels. In addition to the 48 felony sexual assaults reported at the homes since 2007, another 28 criminal sexual abuse complaints were filed, which can include molestation or groping and can be either a misdemeanor or felony.

With just one arrest among the 48 rape reports, the rate of prosecution for sexual assault in nursing homes falls far below the closure rate for such cases citywide. Last year, Chicago police investigated 1,446 criminal sexual assault reports and made 450 arrests.

Chronic underreporting, lack of communication among state and local investigators and other challenges, including the mental or physical health of the alleged victim or suspect, were all cited as reasons for the lack of successful prosecutions in cases of sexual abuse in Chicago nursing homes.

Continue reading "Chicago nursing home sexual abuse cases go underreported and uninvestigated" »

November 1, 2009

Illinois officials scrambling to react to reports of dangerous felons preying on nursing home residents

State lawmakers will hold hearings this month on ways to improve safety in Illinois nursing homes after outrage over the high number of felons with mental illness housed in the state's elder-care facilities. An investigation by the Chicago Tribune found the situation has led to violent crimes, including murder, rape and assault, being committed against innocent residents.

The Illinois nursing home neglect and abuse lawyers and Chicago nursing home attorneys at Abels & Annes continue to monitor this issue closely -- the well being of vulnerable seniors is clearly at stake as dangerous felons and the mentally ill continue to be housed in nursing facilities.

The Senate committee hearings Nov. 5 will include testimony from elder advocates, as well as state agencies in charge of nursing home safety, including the departments of human services, family services, health care, aging and public health.

The Chicago Tribune reported the hearings are in response to the newspaper's three-part series detailing the mixing of mentally ill felons with nursing home residents, incomplete background checks, low staffing levels and a breakdown in reporting serious crimes against residents.

You can read more about that series on our Illinois Nursing Home Abuse Lawyer Blog.

"At the end of the day, we need substantive results, and we need to protect our families," Sen. William Delgado, D-Chicago, told the Tribune.

Gov. Pat Quinn has also convened the Nursing Home Safety Task Force, which held the first of six meetings last week. And Illinois Attorney General Lisa Madigan has called on public health officials to increase inspections, improve data-keeping of alleged crimes and review the criminal histories of all 3,000 felons living in nursing homes.

"I want to ask the Public Health Department what (its) plan is to improve enforcement in nursing homes, whether we need legislation or more staff," said Sen. Heather Steans, D-Chicago. Steans said she has a special interest in the issue because her North Side district has among the highest concentrations of mentally ill nursing-home residents in the state, and some of the homes generate a large volume of police service calls.

Continue reading "Illinois officials scrambling to react to reports of dangerous felons preying on nursing home residents" »

October 12, 2009

State officials scrambling to react to reports of dangerous felons preying on Illinois nursing home residents

State lawmakers will hold hearings next month on ways to improve safety in Illinois nursing homes after outrage over the high number of felons with mental illness has led to violent crimes, including murder, rape and assault, against innocent residents.

The Illinois nursing home neglect and abuse lawyers and Chicago nursing home attorneys at Abels & Annes continue to monitor this issue closely -- the well being of vulnerable seniors is clearly at stake as dangerous felons and the mentally ill continue to be housed in nursing facilities.

The Senate committee hearings Nov. 5 will include testimony from elder advocates, as well as state agencies in charge of nursing home safety, including the departments of human services, family services, health care, aging and public health.

The Chicago Tribune reported the hearings are in response to the newspaper's three-part series detailing the mixing of mentally ill felons with nursing home residents, incomplete background checks, low staffing levels and a breakdown in reporting serious crimes against residents.

You can read more about that series on our Illinois Nursing Home Abuse Lawyer Blog.

"At the end of the day, we need substantive results, and we need to protect our families," said Sen. William Delgado, D-Chicago, told the Tribune.

Gov. Pat Quinn has also convened the Nursing Home Safety Task Force, which held the first of six meetings last week. And Illinois Attorney General Lisa Madigan has called on public health officials to increase inspections, improve data-keeping of alleged crimes and review the criminal histories of all 3,000 felons living in nursing homes.

"I want to ask the Public Health Department what (its) plan is to improve enforcement in nursing homes, whether we need legislation or more staff," she said.Sen. Heather Steans, D-Chicago. Steans said she has a special interest in the issue because her North Side district has among the highest concentrations of mentally ill nursing-home residents in the state, and some of the homes generate a large volume of police service calls.


October 5, 2009

Three employees leave Illinois nursing home after sexual assault investigation leads to fines

Three employees of a LaSalle County, Illinois nursing home have resigned or been fired after an investigation determined the home failed to protect residents.

The home faced two fines stemming from the sexual molestation of several female patents by a resident at the home, according to a report from the Associated Press.

While officials would not say who resigned and who was fired, they confirmed the departure of the home's administrator, director of nursing and director of social services.

The Associated Press reported that the home was fined $20,000 by the state and faces another $20,000 fine from the U.S. Centers for Medicare and Medicaid Services.

The Times in Ottawa, Illinois reported that the Illinois Department of Public Health found the home at fault earlier this year for not protecting at least 10 women from molestation by a male resident of the home.

The home's interim administrator also pointed out that the nursing home's nutritional consultant works for the firm that provides the home's food, a possible conflict of interest.

Putting a loved one in a nursing home is one of the most difficult tasks many of us will face. Despite every effort to ensure that your loved one is cared for in a safe and secure environment, Illinois nursing home neglect and abuse is an all-too-common occurrence.

The state offers a number of resources to those faced with the difficult decision to place a loved one in a nursing home. Click here for information on how to file an Illinois nursing home complaint and for tips on how to select an Illinois nursing home.

If you suspect neglect or abuse is occurring in an Illinois nursing home, talking to an Illinois nursing home neglect and abuse lawyer can help provide added protection for both a loved one and other residents of the home.

October 1, 2009

Convicted felons in Illinois nursing home facilities lead to abuse of residents

Background checks meant to protect Illinois nursing home residents from dangerous felons moving into a home often miss violent crimes, downplay the risk they pose to aging seniors and leave nursing home residents vulnerable to abuse, according to an investigative report by the Chicago Tribune.

The Chicago nursing home neglect and abuse lawyers at Abels & Annes continue to monitor the issue of unqualified employees or residents -- including convicted felons -- being hired by or housed in Illinois nursing homes and elder care facilities.

The average cost of nursing home care in this country hovers around $6,000 per month. Half of the nation's 18 million nursing home beds are operated by large chains and two-thirds of all nursing homes are for-profit companies.

The Tribune investigation found some residents who had a history of violent crime went on to commit assaults or other serious crimes inside the homes where they lived.

Illinois became the first state to require background checks for all residents as part of a 2006 law meant to address the growing number of mentally ill felons entering the state's nursing facilities. The checks are used to screen high-risk individuals who require close monitoring or private living quarters.

But the Tribune's review of 45 recent cases found many instances of incomplete assessments that left out crucial details, including criminal convictions. The report also found long delays in completing the checks -- sometimes resulting in felons living among residents for more than a year.

And of the more than 3,000 convicted felons living in Illinois nursing homes this summer, less than 30, or 1 percent, were classified as high-risk, which requires homes to place them in single rooms near nurses' stations.

Two-thirds -- a total of 2,077 felons -- were classified as "low risk," meaning the nursing homes are permitted to treat them no different than residents without criminal records.

With the aging Baby-Boomers set to further crowd a system that is a routine target for state and federal budget cuts, more and more Illinois residents will be forced to rely upon the state's nursing homes for care. The federal government estimates that half of those over 65 will spend time in a nursing home.

Continue reading "Convicted felons in Illinois nursing home facilities lead to abuse of residents" »

July 8, 2009

Sexual abuse reported in Chicago-area nursing home

The Illinois Department of Public Health has issued a report that found the LaSalle County Nursing home allowed a resident to sexually abuse 10 other residents.

Chicago nursing home neglect and abuse lawyers at Abels & Annes fight for the rights of residents abused in Illinois nursing homes.

The report found the home failed to prevent the male resident from abusing 10 female residents and propositioning others, including some who couldn't speak or suffered from dementia, ABC7 News reported.

"When I would leave for a short time he would wait until I was gone for moments and put his hands on, or target the dementia women," one activities aide testified in the report. "Sometimes he would pull back when I'd return or tell me to get out."

It is disheartening to those who deal with nursing home abuse that in this case staff members apparently were aware of the behavior. Nursing homes have a duty to provide a secure environment free of abuse.

The ongoing debate among Illinois lawmakers over the state budget has come with increased scrutiny of proposed cuts to health and human services programing, including resources for the elderly that opponents contend could force even more of our seniors into nursing home care.

Additional reductions in state and federal aid will further stress a system in which neglect and abuse is already a distressingly common occurrence.

And the aging Baby Boomer population will further stress available resources.

Still, with the average monthly cost of a private nursing home stay hovering around $6,000 nationwide -- and with more than half of the country's nursing homes operated by for-profit companies -- these facilities have an obligation to provide an environment for seniors that is free of neglect and abuse.

Illinois lawmakers have outlined the rights of nursing home residents in the Nursing Home Care Act.

In this instance, the alleged abuse began in December and lasted until June 5, when the male resident was moved to an inpatient psychiatric unit, according the report.

"Due to Administrative staff's failures to implement policies and procedures for abuse, failure to recognize abuse, and failure to effectively manage facility resources, sexual abuse occurred for 10 residents," the report said.

No criminal charges have been filed and administrative fines or sanctions have not been announced.

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.

Continue reading "Sexual abuse reported in Chicago-area nursing home" »

June 30, 2009

Illinois nursing home neglect and abuse lawyers monitor social networking's impact on elder-abuse cases

Family members of nursing home neglect and abuse victims are seeking solace from one another through online social networking sites like Facebook, Twitter , YouTube and MySpace.

The Illinois nursing home neglect and abuse lawyers at Abels & Annes continue to monitor the impact of social networking sites on personal injury and wrongful death cases, both in the Chicago area and across the country.

While these virtual support groups no doubt provide emotional support for victims' families, there is also a cautionary note: Information posted on sites like Facebook and MySpace is increasingly finding its way into a courtroom. If you are involved in a case, it is generally not a good idea to discuss it online. A good rule of thumb is to never post anything online that you would be uncomfortable answering for in a courtroom.

That said, such virtual support groups are providing meaningful relief for families dealing with the neglect or abuse of a loved one who was entrusted to a professional nursing home or elder care facility.

The Minnesota Albert Lea Tribune published a story this weekend about social networking's impact on a horrific nursing home abuse case in which several teenage girls are accused of sexually abusing and humiliating Alzheimer's patients in the Good Samaritan Society nursing home.

The families of the alleged abuse victims have formed under a group called Families Against Nursing Home Abuse, opening pages on Facebook, Twitter and MySpace. They also have videos on YouTube. One writes a blog.

At these sites, people can read reactions to elder abuse and get to know the alleged victims of abuse in words and photos.

Jan Reshetar, co-founder of the group, said she and the others decided to branch out to these Internet sources to enact changes on the local, state and national level.

“We’re trying to get the community involved,” Reshetar told the newspaper. “We’re trying to get the attention of our local people.”

Then, hopefully, once people get involved, they will call their state and national representatives and senators and voice their concerns.

At her blog, Reshatar wrote: “It’s been over one year since we first got the phone call that Mom ‘may or may not, be a victim of what may or may not be abuse.’ It’s been over 12 months … over 365 days … over 8,760 hours … over 525,600 minutes … over a lifetime ago.”

The Facebook page can be found at Facebook.com

The Twitter, MySpace and YouTube pages can be found by doing a search. In most cases people have to be a member of the Web site to access them.

Continue reading "Illinois nursing home neglect and abuse lawyers monitor social networking's impact on elder-abuse cases" »

June 8, 2009

Chicago nursing home neglect and abuse lawyers monitoring impact of state budget on elder care in Illinois

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The Chicago nursing home abuse and neglect lawyers at Abels & Annes continue to monitor changes in elder care at the state level that could impact the welfare of your loved ones in Illinois nursing homes.

The American Association of Retired Persons issued a statement last week decrying the impact of the new state budget on elder care and an Illinois newspaper slammed a court ruling against hiking fines against nursing homes for serious violations of care standards.

You heard that right. The state is making drastic cuts to elder care to balance its budget even as its court system ruled it cannot raise fines for abuse and neglect violations to generate income.

"By neglecting the needs of hundreds of thousands of Illinois residents, children, families and the elderly, this budget puts our state's worst foot forward," said Bob Gallo, state director for the AARP in Illinois. "At a time when people need state programs the most, like those that help people have access to healthcare and relief from high prescription drug costs, this budget pulls the rug out from underneath them."

Among the cuts opposed by the AARP:

-Community care programs slated to be cut in half, leaving 26,000 without the care they need to remain in their communities and subjecting them to more costly instituional care, such as nursing homes.

-Eliminating the Elder Abuse and Neglect Program -- meaning 11,000 cases won't be investigated.

-Closing all four Illinois veteran's homes.

- Cutting home services for the disabled.

Meanwhile, the Peoria Journal Star points to a ruling from a Sangamon County Judge earlier this year that limits the Illinois Department of Public Health's ability to issue fines to $10,000 per incident of abuse or neglect.

The paper notes fines were increased under former Gov. Blagojevich and were opposed in court by nursing homes that were fined for infections, beatings and health problems that led to the deaths of residents.

"We're told by those who represent residents' concerns at the 114 nursing homes in the Peoria region that the average price of a private-pay nursing home approaches $5,000 a month," the paper wrote in an editorial. ""If the maximum fine for any offense, no matter how extreme, is $10,000, then a mere one month's rent of one double-bed room covers it. That's a slap on the wrist that is unlikely to induce a substandard facility to get any better."

With the aging of Baby Boomers, the state and federal resources for elder care should be expanding. Instead they are shrinking -- which in and of itself can lead to substandard care, overcrowding, and neglect or abuse.

Thus, the responsibility for researching a potential home for a loved one increasingly falls on the public.

The Illinois Department of Health offers a number of resources:

Continue reading "Chicago nursing home neglect and abuse lawyers monitoring impact of state budget on elder care in Illinois" »

June 3, 2009

Family sues Chicago Nursing home for abuse in sexual assault case

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The family of a 69-year-old woman has filed a nursing home abuse lawsuit, alledging a Chicago nursing home failed to protect her from being sexually assaulted by a 21-year-old mentally ill resident.

The Chicago nursing home abuse and neglect lawyers at Abels & Annes want to remind those faced with placing a loved one under care of a facility to know there are resources available to you. 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.

An Associated Press analysis earlier this year found U.S. nursing homes have become a dumping grounds for young and middle-age people with mental illness. And Illinois ranked highest among the states in the number of mentally ill adults under age 65 living in nursing homes -- more than 12,000.

Elderly abuse and neglect will continue to be an issue as the Baby Boomer population ages. Of those over 65 in 1990, nearly half (43 percent) will spend time in these facilities, according to federal statistics.

In this case, the lawsuit accuses Maplewood Care's administrator of attempting to cover up a rape by calling it consensual sex, according to the Associated Press article.

An executive with the home's parent company, which operates seven other Chicago-area nursing facilities, declined comment according to the Associated Press. The civil lawsuit claims the woman's family was not told the nursing home had admitted young adult residents "with a history of violent and aggressive criminal behaviors."

The Agency for Health Care Administration reports the average cost of a nursing home in Chicago was $165 a day in 2000 and has steadily increased since then. Nationwide, there are 1.8 million nursing home beds in 17,000 facilities.

Nursing home operators have a duty to provide a safe, secure environment for their clients. But residents and those looking to place a loved one need to keep in mind that elder care is also big business. More than half the nation's nursing homes are part of a chain of facilities and two-thirds are operated for profit.

The rights and responsibilities of nursing homes and residents, as well as enforcement, violation and penalty and remedy information are outlined in the Nursing Home Care Act as passed by the Illinois General Assembly.

Continue reading "Family sues Chicago Nursing home for abuse in sexual assault case" »

April 14, 2009

Murder At Chicago Area Nursing Home

In the Chicago area south suburb of Burnham, Illinois, it is being reported by the Chicago Sun-Times that a nursing home resident who died almost two weeks ago was murdered. The victim who resided at a nursing facility at 14500 S. Manistee Avenue past away from multiple injuries sustained in an attack.

He later died on April 1, 2009 at South Shore Hospital. Local authorities have ruled the death a homicide. Illinois State Police are now involved in the investigation.

The death was ruled a homicide after an autopsy was performed by the Cook County Medical Examiner’s office. The victim also suffered from hypertension and diabetes.

It has not been reported yet how the attack took place. However, the fact that the attack took place at all is a strong evidence of nursing home neglect and/or abuse. It is very likely that the family of the victim will soon retain a Chicago Nursing Home Lawyer to review the case.

April 13, 2009

Illinois Nursing Home Worker Arrested For Abuse

A woman from Danville, Illinois is in police custody for alleged nursing home abuse, according to WCIA-3 News. She allegedly punched an elderly Alzheimer's patient in the face two times at a Champaign County, Illinois nursing home. The defendant is an aide at the nursing home and works in an Alzheimer's unit.

The nursing home worker is facing criminal charges and could be sentenced to up to five years in prison and fined up to $25,000. The Champaign County Sheriff's Department is handling the investigation.

The nursing home's administrator would not comment on the story, but stated the home was investigating what exactly happened. The East Central Illinois Area Agency on Aging is also going to conduct an investigation into the matter. The severity of the patient's injuries have not been reported.

If you believe a loved one in your family is a victim of nursing home abuse or neglect in the Chicago area, contact Abels & Annes for a free consultation.

March 16, 2009

Iowa Nursing Home Fined For Ignoring Reports Of Abuse

In Guthrie Center, Iowa, a nursing home has been fined $7,000 by an administrative judge, according to DesMoinesRegister.com. The fine was reportedly due to ignoring complaints by elderly residents regarding sexual abuse.

Employees of the New Home Care Center informed managers and supervisors of the complaints, and said reports were allegedly not investigated. There were 8 reported acts of sex abuse, all involving different elderly persons.

In one very alarming report, the abusing employee had blocked the door with a chair, and another employee forced their way into the room and viewed a mentally disabled resident partially undressed and bleeding from her vaginal area. The nursing home employee has not yet been criminally charged.

In 2006, state inspectors cited the nursing home for their failure to investigate this case, and Medicare and Medicaid Services later fined the home $7,000. The home had the hustpa to appeal the fine. A judge recently upheld the penalty.

In 2008, the nursing facility was fined again for insufficient supervision of residents. New Homestead Care Center is a nonprofit corporation run by a volunteer board of directors.

The alleged conduct of the nursing home in this case is reckless. The fact that the facility's own employees were reporting the sexual abuse allegations, and the supervisors and managers ignored the issue, is offensive. It is a good guess that the residents of this home will retain a nursing home abuse lawyer. In addition to a claim for abuse, the attorney will also likely explore punitive damages against the home for its willful and wanton conduct of ignoring the reports.

If your loved one has been abused and/or neglected in a Chicago area nursing home, or any nursing facility in the State of Illinois, call Abels & Annes for a free consultation.

March 11, 2009

Sexual Abuse Reported At Jersey City Nursing Home

Law enforcement officers in Jersey City, New Jersey are investigating alleged sex abuse at a nursing home, according to NJ.com. They are looking into whether a 30 year old female resident with cerebral palsy was abused. The staff at Newport Nursing and Rehabilitation became aware of a potential problem when the patient, who needs a wheelchair to move, was found in a different room at the facility. The woman then told the staff that she had been inappropriately touched.

The alleged abuse took place at the Newport Nursing and Rehabilitation Center last Friday in the early evening. Reportedly, the police are investigating a person who visits another resident on an ongoing basis.

The National Center for Elder Abuse defines sexual abuse as sexual contact of any kind that is not consensual, or sexual contact with a person that is not capable of giving consent. They list signs of sexual abuse as bruising in the breast or genital area, the contraction of sexually transmitted diseases, bleeding in the genital area, clothing that is either torn, bloody or stained, or if the elder states he or she was abused.

If you believe your loved one has been a victim of nursing home abuse or neglect in the Chicago area, contact Abels & Annes now for a consultation free of charge.

March 4, 2009

California Nursing Home Employees Charged With Nursing Home Abuse

In Lake Isabella, California, three current and former Kern Valley Hospital District's nursing home employees have been charged with abuse for administering drugs to elderly residents against their will, possibly costing some residents their lives, according to Bakersfieldnow.com. The three defendants include the home's past director of nursing, past pharmacist, and current staff physician.

The criminal complaint alleges that they forcibly administered psychotropic drugs to over 20 nursing home residents at the Kern Valley Hospital District’s nursing home. A lengthy investigation found that starting in 2006, to make nursing home residents who suffered from Alzheimer’s and other types of dementia more calm and easier to manage, the former director of nursing began demanding nursing home staff to administer large doses of psychotropic drugs to them.

The attorney general's complaint also alleges that three nursing home residents may have past away as a result of the medical complications from the forced psychotropic drugs. The director allegedly targeted patients that argued or were otherwise disruptive and difficult to care for.

The family of a 91 year old resident who died has retained a nursing home abuse lawyer and has filed a lawsuit against the Kern home. The family did not find out about the abuse until a year later when a member of the family received a tip from a nurse at the home that they should look into abuse of their loved one.

According to a National Center for Elder Abuse 2005 fact sheet, it is estimated that between one and two million people above the age of 65 have been abused by someone who provides care for them. It is also estimated that between two and ten percent of the elderly population have been abused, while at the same time only one in fourteen cases of abuse are reported to authorities.

Attorneys from our firm represent nursing home residents and families who have suffered from nursing home abuse and neglect cases in Illinois. If someone you love has been hurt by abuse or neglect at a nursing home in Illinois, please contact Abels & Annes for a free consultation.

February 27, 2009

Illinois Nursing Home Gets Bad Review

In Central Illinois, the Care Center of Abingdon nursing home has received the lowest possible score by the Center for Medicaid Services in a new five star rating system, according to Galesburg.com. The home only received one star out of five. As an Illinois nursing home lawyer, I believe that a low rating like this is an indication to look out for neglect and abuse.

The rating program evaluates almost 16,000 facilities across the country. The new system rates nursing homes in three areas; health inspections, quality measures, and staffing levels.

In the health inspections category, the Abingdon nursing home was awarded 3 out of 5 stars. However, the home received only one star in the quality measures and staffing levels areas. This resulted in an overall rating of just one star.

The report found several problems with the Illinois nursing home. First, the home allegedly either failed to hire workers with no history of abusing patients or failed to investigate reported nursing home abuse. The report states the nursing home also failed to properly administer medication to residents, failed to adequately hydrate residents with fluids, and failed to properly prevent and/or treat bed sores.

Licensed nurses in Illinois on average spend one hour and twelve minutes with each nursing home resident. The nationwide average is one hour and eighteen minutes. At the Care Center of Abington, the average nurse time with patients was only 47 minutes during a 2 week period just before the state inspection.

The CEO of the nursing home states that they have addressed the issues raised in the report. Abington is run by a non-for-profit corporation and they have 82 certified beds.

While the problems at the home have reportedly been corrected, it would be wise for family members of residents at the home to keep a close watch on their loved ones, visit regularly, and look for signs of nursing home abuse and neglect.

If you believe a family member has been abused or neglected by a nursing home in Illinois, please contact Abels & Annes at (312) 924-7575 for a free consultation.

February 11, 2009

Illinois Nursing Home Resident Freezes To Death -- Chicago Nursing Home Lawyer

An 89 year old woman has died at an Itasca nursing home after she walked into the courtyard and froze, according to CBS News in Chicago. The family is outraged and demanding answers from the facility where it happened.

The victim's daughters say she suffered from dementia and that she had a fear of being alone and in the cold. It is also being reported that the Itasca Police Department is trying to figure out how the victim who was wearing an ankle monitor and who uses a walker was able to walk through 2 doors with alarms and go into a courtyard in the middle of the night unnoticed.

The Illinois Department of Public Health website indicates at least 14 complaints were filed against the nursing home last year. The family of the victim has hired a Chicago Area Nursing Home Abuse Lawyer to pursue a civil claim against the nursing home.

If you have a loved one that you believe has been abused or neglected by a nursing home in Illinois, contact Abels & Annes for a no cost consultation.

February 10, 2009

Choosing a Nursing Home in Illinois

Deciding to place a loved one in a nursing home can be very difficult, emotionally. But once you’ve made that hard decision, a different sort of difficult choice awaits you: Which facility is right for your family? As a Chicago nursing home neglect lawyer, I know your choice affects your loved one’s everyday life, so it’s very important. If you have never had to think about this before, the sheer amount of information out there can be overwhelming.

Luckily, the Illinois and federal governments both offer a wealth of information to families struggling with this decision. If you need help right away, you can get in touch with local agencies whose job it is to help families through this stressful time. If your family is already involved with a social services agency like the county Public Aid office, it can usually point you in the right direction; social workers on staff at hospitals can also help. If those aren’t options, you can contact your local Agency on Aging in Illinois, which will give you a list of homes in your area, as well as the name of the local Long-Term Care Ombudsman, a person whose job it is to ensure that you know your rights, as well as investigate any of your complaints. This person can’t recommend a particular facility, but he or she can answer questions and guide you in your search.

The Illinois Department of Public Health and the federal Department of Health and Human Services (PDF) both publish lengthy guidebooks for people who are choosing a nursing home. The state DPH also allows you to search for long-term care facilities by ZIP code, city or county, and maintains separate pages listing homes with no problems at last inspection and quarterly reports on homes with violations. When choosing a home, clearly, the first thing to look for is whether it meets the needs of the person who will live there. Experts also recommend that you choose one close to your home, because staff is likely to take better care of residents with regular visitors.

Once you’ve made a list of homes, experts always recommend that you visit it, preferably several times. Some even suggest that you drop in without calling ahead, so staffers won’t make any special preparations. Once you’re there, check out everything, including the kitchen and the bathrooms. (Don’t be shy -- this is your right as a customer, as well as the resident’s right as a human being.) Homes generally invite visitors to have a meal with the residents. They should also be able to show you a certification from the state on request. In general, watch for signs that residents are comfortable, respected and feel at home. If there are consistent problems with cleanliness, many residents in restraints or a lack of basics like access to drinking water, beware.

A nursing home is a long-term home; residents and their loved ones have a right to ensure that it treats them with dignity. If your family has a complaint about serious abuse or neglect at a nursing home, please contact our firm, Abels & Annes, as soon as possible for a free consultation.

February 3, 2009

Oklahoma Nursing Home Aide Accused of Sexual Abuse -- Chicago Nursing Home Lawyer

A Tulsa man has been arrested on charges of sexually abusing a resident of the nursing home where he works, the Tulsa World reported Jan. 12. The man, a restorative aide at the home, was arrested after a co-worker reported that he allegedly touched a resident's genitals while giving him a bath. The alleged victim is blind and physically handicapped. The accused man was released on bail Saturday.

Any nursing home abuse is outrageous, but sexual abuse is especially shocking. Families choose nursing homes or other managed care situations because they want to do what's best for loved ones who can no longer live independently. Putting someone you love in a nursing home is an act of trust in the home's staff -- trust that's betrayed when staffers take advantage of a sick or disabled person's helplessness. In addition to the physical harm it may cause for victims, sexual abuse can also cause profound emotional harm, because it is an extreme violation of the victim's dignity.

The article doesn't specify what the criminal penalties would be if this man is convicted of sexual abuse. But for some families, criminal penalties against an individual employee are not enough, especially if the nursing home itself tolerated or failed to stop the abuse. Fortunately, Illinois law allows families to file a Chicago nursing home abuse lawsuit, regardless of whether there is any accompanying criminal case. A nursing home abuse claim can hold individuals and companies responsible for perpetrating or allowing nursing home abuse; refund costs caused by the abuse, including the cost of new care; and compensate the victim for the physical pain and emotional suffering caused by abuse.

Ables & Annes handles cases of nursing home abuse and neglect in Illinois. Based in Chicago, we represent nursing home residents and families throughout the state who have been seriously harmed at by carelessness, recklessness or illegal behavior by a nursing home or its staff. If someone you love has been hurt by neglect or abuse at a nursing home, we would like to help. To speak with us about your legal options and your loved one's rights, please contact us online today for a free consultation.

January 6, 2009

Tips for Spotting Problems in Nursing Homes from a Chicago Nursing Home Abuse Attorney

During the new year, many families will be visiting their loved ones in a nursing home or another assisted care facility. That makes it a good time of year to revisit the signs of abuse and neglect that families can watch for during their visits. This can be difficult, especially when the patient has trouble communicating or has a diagnosis of a mental illness. Unfortunately, some of these symptoms are very similar to symptoms of dementia; indeed, signs of abuse may be passed off by staffers as the onset of dementia. You may need to take further steps to know whether your loved one is truly being abused. The following tips are compiled from sources including the Mayo Clinic and the Rotary Club:

Signs from the patient:
• Unexplained weight loss and dehydration
• Unexplained injuries, especially injuries that aren’t related to any existing medical condition
• Bed sores
• Denying obvious injuries or giving unlikely explanations for them
• Dementia-like or childlike behaviors, like rocking back and forth
• Confusion from a mentally competent person
• Torn or bloody clothes
• Dirty clothes and bedding
• An increase in symptoms once controlled by medication
• More medication left in the prescription than there should be, or new medications you don’t remember a doctor ordering
• Seeming fear at the idea of ending the visit
• Depression and withdrawn behavior
• Missing jewelry or other objects of value
• Sudden changes in financial situation

Signs from the nursing home’s staff:
• Reluctance to allow visitors
• Reluctance to leave visitors alone with the patient
• Speaking for a competent patient
• Explanations that don’t fit with what you know about the patient
• Seeming tension between staff and patients
• Overworked or under-trained staff
• Controlling or overly affectionate behavior by the staff
• Unexplained changes in bills
• Duplicate bills
• Too much concern about the patient’s finances
• Displaying more wealth than they seem likely to have

If you suspect abuse, exploitation or neglect at a nursing home, the best thing you can do is report it. The Illinois Department of Public Health is responsible for investigating complaints at nursing homes; it maintains a 24-hour Nursing Home Hotline at 1-800-252-4343. If you’re sure of neglect or abuse, you should also consider pulling your loved one out of the home as soon as you can arrange it. And if your loved one was financially exploited, seriously hurt or killed by abusive behavior, you also have the right to file an Illinois nursing home abuse lawsuit. To learn more about your family’s legal rights, please contact us at (312) 399-8988 or through our Web site.

January 2, 2009

Hidden Camera Discovers Nursing Home Abuse -- Illinois Nursing Home Neglect Lawyers

A camera hidden by a resident’s family realized their fears: neglect and physical and verbal abuse in a Kentucky nursing home. According to the Associated Press and the Lexington Herald-Leader, a family hid a video camera in the victim’s room at Madison Manor in Richmond, KY, after they became suspicious about the woman’s treatment. Unfortunately, the images they captured confirmed their fears: Staff members at the home handled the 84-year-old woman roughly, lifting her from the bed by her wrists and neck; ate her food; left her lying on the floor; and verbally taunted her, once even shaking a fist at her.

The victim was pulled out to live in a relative’s home and eventually died a natural death, but investigations revealed “injuries of unknown origin” to 17 other residents of the home. The home and its parent company are now under investigation by the state Attorney General. It’s worth noting that the adult granddaughter of the victim in this case is a social worker with the state child protective services agency. Thanks to her professional training, this woman knew the signs of abuse and what complaints to report to the state regulatory agency in charge. As the Lexington paper’s editorial said, not every resident of a nursing home is lucky enough to have a relative with those skills -- or even one who visits enough to notice any problems. It’s sobering to think of how many homes may be hiding this type of abuse, without any concerned relatives to find out the truth.

In Illinois nursing home abuse and neglect cases, time truly is of the essence. In my practice as a Chicago nursing home abuse lawyer, I have seen several cases where abuse or neglect was spotted too late, after it had already hurt the health of the victim substantially. In some cases, this can cause a decline in health that leads to death. That’s an unbelievably sad -- and highly avoidable -- end for people whose families were only trying to give them the high-quality care that the family itself couldn’t provide.

In Illinois, the Nursing Home Care Act holds owners and licensees of nursing homes legally liable for abuse and neglect under their watch. Families with a loved one who suffered nursing home neglect or abuse may sue over all of the costs of the abuse, including medical costs, the cost of alternative care (or missed work), compensation for their loved one’s suffering, any wrongful death and even attorneys’ fees. If you’re thinking of pursuing this type of lawsuit, the Chicago nursing home neglect attorneys at Abels & Annes can help. Please contact us for a free consultation.

December 21, 2008

Teenagers Charged in Nursing Home Abuse Case -- Chicago Nursing Home Neglect Attorney

Prosecutors in Minnesota filed nursing home abuse charges Dec. 1 against six teenagers who worked part-time at a nursing home in Albert Lea, Minn. The Associated Press reported that the teens, all girls, are charged with groping residents’ breasts and genitals; spitting in their mouths; and verbally taunting them, sometimes until they screamed. All of the victims had Alzheimer’s or dementia, according to the report. Two girls over the age of 18 are charged as adults with assault, abuse of a vulnerable adult, abuse of a vulnerable adult with sexual contact, disorderly conduct and failure to report abuse. Four others who are still juveniles are charged with failure to report abuse.

This is the sort of case that’s made to order for criminal charges. However, the prosecutor in the case has come under fire because he isn’t pursing jail time for the two older girls. In fact, he told the AP they would likely get suspended sentences and probation. Perhaps there are circumstances that make probation the right choice, but I hope these girls are held responsible for their actions in a meaningful way.

When prosecutors can’t or won’t pursue full criminal charges against perpetrators of nursing home abuse, families in Illinois and other states can also seek justice through the civil courts. You cannot send someone to jail with a Chicago nursing home abuse lawsuit, but you can still hold the perpetrators legally responsible for their actions. A financial judgment can be a strong message and a serious economic burden for a home that has unfairly profited from its abusive practices. It can also ease the family’s own financial burdens substantially, which can be very important if family members had to dip into savings, take a leave of absence from work or make other financial sacrifices to pull a loved one out of an abusive home.

Finally, it’s worth asking why teenagers were allowed to care for these patients without close supervision. Teenage girls working as nurses’ aides is nothing new, but working with mentally ill patients requires special patience and sometimes special skills. Skilled nurses and nurses’ aides are much more expensive to employ than teenagers -- for a reason. If cost-cutting is behind this story, the organization that runs the home may be liable, along with the perpetrators themselves (and anyone who looked the other way). If someone you love is a victim of nursing home abuse in Illinois and you’d like to know more about your legal options, please contact us at Abels & Annes today.

December 9, 2008

Former Resident Sues Illinois Nursing Home Company -- Chicago Elderly Abuse Lawyers

A man is suing the Illinois parent company of his former Iowa nursing home, claiming he was wrongfully discharged and abused by the home. After four months as a resident, the Quad-City Times says, an employee of Meadowlawn Health Care Center in Davenport, Iowa dumped the man in an unfurnished Illinois apartment with just $30 and four days’ worth of medication. Nine days later, he was admitted to the hospital with congestive heart failure. He also claims the home was understaffed, failed to give him his medication, didn’t respond to his complaints and harmed other residents.

This is the second lawsuit against Meadowlawn; the first was filed by the daughter of a deceased resident, who claims the facility neglected her mother. By failing to provide a proper diet or correctly treat the woman’s existing medical problems, the claim says, Meadowlawn contributed to a rapid decline in the woman’s health. She died just three weeks after she was moved to another facility. Meadowlawn itself was closed in September of 2007, after its Medicare funding and state license were revoked. It was fined multiple times in the last two years of its existence; its final fine was for moving residents out of the home with little notice to them or their relatives or choice about where they’d go.

If Meadowlawn was as bad as these two lawsuits claim, there could be more claims against its parent company. As a Chicago nursing home abuse attorney, I’ve learned that nursing home neglect is systemic. That is, if staffers are willing to ignore one patient’s need for food, water and proper medical care, the chances are good that they have ignored those needs for all of the patients, or at least all of those whose needs were difficult to meet.

To speak with the Illinois nursing home neglect lawyers at Abels & Annes, P.C. about your own case, please contact us at (312) 399-8988 or through our Web site.