Illinois Nursing Home Abuse Lawyer Blog

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" »

A lawsuit has been filed in Parkersburg, West Virginia alleging that inadequate care at a nursing home resulted in the death of one of it's residents, according to the West Virginia Record. The suit was filed by a Wood County woman on behalf of the estate of her mother.

On April 15, 2009 the suit was filed in Wood Circuit Court against Ohio Valley Nursing Home, Inc. The lawsuit alleges the deceased resident sustained injuries from substandard care, neglect and abuse at the nursing home, including infections, weight loss and pain. The complaint also alleges delays by the nursing home staff in reporting infections to physicians, resulting in delays in medical treatment. The delays allegedly caused or contributed to the resident's death.

The plaintiff is looking to recover medical expenses, funeral costs, and for the mental pain and suffering of losing her loved one. She is also looking to recover court costs and attorneys fees. The nursing home's administrator has been named as a co-defendant in the lawsuit.

If you believe a loved one in your family has been the victim of nursing home neglect or abuse in the Chicago area, contact an Illinois Nursing Home Lawyer at Abels & Annes for a free consultation.

A Fresno, CA nursing home has been fined eighty thousand dollars for the death of a patient around four months ago, according to the LA Times. The deceased, a 54 year old schizophrenic patient choked on his food. The hospital allegedly knew that the man had trouble swallowing, and his food was always supposed to be served chopped or sliced. On the date in question, the nursing home served him meatballs that had not been cut up and he choked to death.

The death took place at the Raintree Convalescent Hospital. The nurse and the cook both admitted they should have chopped up the food, and that they simply forgot to do it that day. They were both fired by the home after the accident.

After being served the meal, the victim reportedly came out of his room unable to speak, and the nurse attempted the Heimlich maneuver. Paramedics were able to suction the meatball out, however he was pronounced dead a short time later at an area hospital.

An investigation by the California Department of Public Health found that the home knew of the patient's problem. State authorities then fined the nursing home $80,000.

The nursing home has been given a one star rating out of a possible five on the new federal rating system run by Medicare and Medicaid services.

If you think your loved one has been abused or neglected in an Illinois nursing home, contact Abels & Annes for a free consultation.

A Norman, Oklahoma nursing home had its certification terminated, which consequently forced it to shut down, according to NewsOK. This happened when it lost Medicare and Medicaid funding due to its failure to meet minimal state health regulations. On November 7, 2008, state health inspectors released a report citing Whispering Pines Nursing Center for failing to investigate resident allegations of abuse, and also endangering residents by failing to provide sexual protection to a sexually active HIV positive resident.

Of the nursing home's 128 residents, not all were able to find permanent replacement homes, but all were relocated to temporary homes until a permanent nursing home is found. Twenty-five of the residents were not placed in permanent homes yet because of mental health concerns.

The licensed operator of Whispering Pines lost medicare and medicaid funding to another nursing home in the past few months. In that case more than 30 residents of the Northwest Nursing Center in Oklahoma City were transferred to other homes, however Northwest is still open for business.

If you believe that a member of your family has been abused or neglected, call Abels & Annes to consult with a Chicago nursing home lawyer now at (312) 924-7575.

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.

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.

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.

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.

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.

A Washington, D.C. emergency room doctor told a television news station there that he regularly treats residents of a particular nursing home for life-threatening effects of neglect. The doctor, who remained anonymous, told the capital’s ABC affiliate that he routinely sees patients from the Grant Park Care Center who are in danger of dying from preventable causes, including dehydration, malnutrition, kidney problems and pneumonia. The long-term care ombudsman for D.C., Jerry Kasunic, added unattended wounds to that list. The article reports that Kasunic’s staff has filed more than 100 complaints about the facility, but the city Department of Health has not been able to stop the problems.

This anonymous emergency room doctor told the news station that he frequently sees patients from Grant Park in critical condition. Unfortunately, for many older people, “critical condition” isn’t easily overcome. When patients already have serious health problems, malnutrition, dehydration or infection can exacerbate those problems, causing a decline in health that sometimes leads to death. By the time families discover the problem, they may not be able to do much to make a substantial difference in the victim’s health.

The article also mentions that the D.C. Department of Health has performed at least two inspections of the nursing home in 2008, both of which turned up substantial evidence of neglect. The department declined to comment for this story, so we do not know why it hasn’t taken action. However, regulatory agencies exist to spot and stop situations like this. If local or federal authorities cannot stop abuse or neglect at a nursing home, victims and families in Illinois can still seek justice through an Illinois nursing home abuse or neglect lawsuit.

A lawsuit can’t bring back a victim’s health, but it can help victims and their families secure the money they need for alternative care, medical bills and other costs of the mistreatment, as well as compensation for the victim’s pain and suffering. In cases where regulators refuse to take action, it can also perform the important duty of financially penalizing the wrongdoers and warning other families about their behavior. If you or someone you care about is a victim of nursing home abuse or neglect in Illinois and you’d like to know more about your options, please contact us through our Web site to learn more about your legal options.

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.