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Illinois Nursing Home Residents at Risk for Contracting Deadly Drug-Resistant Superbug

An often fatal superbug is increasingly being found in hospitals and nursing homes across the country. A formerly obscure drug-resistant bacteria, Carbapenem-Resistant Enterobacteriaceae (CRE), has been found in health care facilities throughout the nation’s largest cities such as New York, Los Angeles, and Chicago. The deadly family of bacteria was named for its ability to fight off carbapenem antibiotics which are normally a medical provider’s last line of defense against superbugs. Since 2008, thousands of hospital and nursing home patient deaths were purportedly caused by CRE. Earlier this year, a strain of the bacteria reportedly killed seven, including a 16-year-old, at the National Institutes of Health Clinical Center.

The first known case of CRE was described in 2001. Since then, the superbug has allegedly shown up at hospitals and skilled nursing facilities in at least 41 states. At this time, the reported rate of death for patients who contract CRE is about 40 percent. Because CRE infection may affect a nursing home resident’s intestines, urinary tract, or cause pneumonia, many cases likely go undiagnosed. The Centers for Disease Control and Prevention’s Arjun Srinivasan said CRE is currently the most serious threat to hospital and skilled nursing facility patients across the country.

Unfortunately, CRE can allegedly remain in an individual’s system without any symptoms until the immune system of an infected person is compromised. According to Dr. Mary Hayden, Director of Clinical Microbiology at Rush University Medical Center, studies show that about three percent of hospital intensive care patients in Chicago carry CRE. In addition, the same studies show that up to 30 percent of long-term care facility residents in the area are infected. The bacteria can allegedly be transmitted to others by mere contact. Dr. Hayden stated CRE is especially dangerous for nursing home residents due the easy manner in which it is spread. She believes implementing a universal patient record system that tracks both CRE and facility changes might help keep the elderly and disabled in Illinois safer.

At this time, most long-term care facilities purportedly lack the capacity to properly identify, screen, and isolate residents who are infected with CRE. In addition, the Medicaid and Medicare federal systems do not report cases of CRE. A 2008 study regarding CRE infection rates in New York skilled nursing facilities allegedly found that many facilities do not keep abreast of most drug-resistant bacteria despite that the risk for infection is allegedly high for nursing home residents. According to physicians, heavy vigilance with regard to hand washing and other infection-control measures can help control dangerous CRE and other disease outbreaks.

Skilled nursing facility residents normally live in close proximity to one another. Because of this, communicable diseases are often spread easily in nursing homes. Although Illinois nursing home employees are required to take precautionary measures designed to control the spread of disease, many fail to do so. Unfortunately, such failures can have disastrous consequences for facility residents.

Appropriate sanitation is vital to the health of long-term care facility residents in Illinois and elsewhere. It is both unnecessary and negligent for skilled nursing facility staff to fail to adhere to recommended sanitation procedures. Additionally, all nursing homes in the State of Illinois must designate an infection prevention and control professional to create and implement policies that are designed to reduce and limit the spread of communicable diseases. If your relative died after he or she contracted a preventable disease due to nursing home caregiver negligence, you are advised to discuss the situation with a nursing home abuse and neglect attorney.
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Top Nursing Home Violations in Illinois and Nationwide Now Available Online

Last month, non-profit corporation ProPublica updated the organization’s Nursing Home Inspect tool to include more than 250,000 deficiencies identified by the U.S. Centers for Medicare and Medicaid Services at nursing homes across the nation over the last three years. The information was reportedly taken from detailed narrative reports of problems uncovered following annual long-term care facility inspections. The Nursing Home Inspect tool was purportedly created in an effort to make it easier for the public to search for problems or other care trends at skilled nursing facilities in Illinois and across the nation. Normally, a long-term care facility will be inspected by a state agency only once per year unless the agency receives a complaint regarding nursing home conditions. Any deficiencies noted are then ranked based upon the deemed level of severity.

The top five violations listed in the Nursing Home Inspect database include failure to ensure a skilled nursing facility is free from accident hazards, failure to ensure an effective infection control program is in place, failure to provide the best necessary resident care as is practicable, unsanitary food preparation or distribution, and failure to create comprehensive patient care plans. In addition, other failures such as meeting professional standards with regard to services and record-keeping, employing individuals who have committed abuse, maintaining a drug regimen that includes unnecessary patient medications, and failure to ensure the dignity of residents is protected were also allegedly noted frequently by nursing home inspectors.

Unfortunately, nursing home patients risk serious injury and death when long-term care facilities fail to maintain an environment that is free from fall and other accident hazards. Additionally, residents are placed at risk for abuse or neglect when a nursing home does not employ a sufficient number of well-trained direct care staff. In Illinois, the Nursing Home Care Act requires skilled nursing facilities throughout the state to employ enough workers to meet the needs of all patients. Sadly, inadequate or poorly trained staff commonly factor into nursing home abuse or neglect cases. If you feel your friend or loved one was harmed or died as a result of nursing home abuse or neglect, you should contact a skilled nursing home abuse and neglect attorney to discuss your concerns.
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Bed Rail Deaths Come Under Scrutiny in Illinois and Nationwide

Bed rails often used as a safety measure in nursing homes across the country have recently come under scrutiny due to hundreds of reported deaths. According to data collected by the Consumer Product Safety Commission, more than 150 senior citizens and other long-term care facility residents died after becoming caught in side rails installed on their bed between 2003 and May 2012. In addition, about 36,000 nursing home residents were reportedly treated in hospitals for bed rail injuries during the same time period. According to officials at the nation’s Food and Drug Administration (FDA), the data collected from hospital and death records likely failed to represent the true number of such injuries because in many cases references to bed rails may not have been included on death certificates or in patient medical files.

In 1995, the FDA reportedly issued a safety warning regarding the dangers associated with the use of bedrails in nursing homes and other care facilities. The organization failed to require safety labeling of the products, however, and voluntary bed rail safety guidelines were not established until 2006. The guidelines include recommendations regarding maximum gap size, instruct care facilities on proper bed rail use, and outline which patient body parts are most at risk for becoming caught.

According to some experts, bed rail deaths are avoidable and additional safety warnings should be required on the products. Former FDA official Larry Kessler stated none of the bed rails in use in 1995 would have passed proposed safety standards. He also said mandatory design changes could have cost bed rail manufacturers and long-term care facilities hundreds of millions of dollars. Still, many senior citizens die every year as a result of becoming caught in a care facility bed rail. According to data compiled by the New York Times, approximately 550 people have died as a result of becoming trapped in a bed rail since 1995. 27 of those largely preventable deaths reportedly occurred in 2011.

FDA officials recently stated bed rail injuries and deaths are currently being studied and possible safety action will be considered in the near future. Still, implementing any recommended safety changes may be difficult. Although the agency is tasked with regulating medical products in the U.S., many beds affixed with so-called safety rails are sold as consumer products and consequently fall under the jurisdiction of the Consumer Product Safety Commission. This means FDA requirements and other guidelines do not apply. Officials from both federal entities are reportedly working together in an effort to close the regulatory gap.

Bed rails are commonly used in Illinois nursing homes to keep seniors and others with limited mobility from falling out of bed. Unfortunately, many seniors, especially those who suffer from Alzheimer’s disease and dementia, may become trapped between the device and their own mattress. Without proper supervision, frail and elderly loved ones may be severely injured or killed by bed rails that were installed to keep them safe. If your parent or other loved one was hurt or killed after becoming trapped in a skilled nursing facility bed rail, you should contact an experienced nursing home abuse and neglect attorney.
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Fall Risk in Illinois and Other Nursing Homes is Highest During the First Month of Residency

One in five seniors and disabled individuals will reportedly suffer a fall injury within the first 30 days of entering a skilled nursing facility. Researchers from the University of Southern California reportedly found that nursing homes that employ a higher ratio of certified nursing assistants (CNAs) per resident had a lower fall rate. As part of a study, researchers evaluated data on about 230,000 Medicare and Medicaid patients who were admitted to almost 10,000 long-term care facilities throughout the nation in 2006. Approximately 21 percent of the new nursing home residents reportedly experienced at least one fall within the first month.

Researchers believe the lower number of new resident fall rates at some nursing homes was due to the higher number of CNAs available to assist them. According to study authors, CNAs often provide the most direct care to nursing home residents as they engage in activities that pose a high fall risk, such as using the restroom. Although long-term care facility falls reportedly pose a well-documented risk, researchers believe the recent study was the first to examine fall rates for newly admitted nursing home patients.

Researchers said it can be challenging to identify fall risks for newly admitted skilled nursing facility residents because so much is new and unfamiliar. In addition, many patients enter a care facility for assistance during rehabilitation from a previous injury. Managing fall risks for such patients is reportedly especially important in order to ensure that they may successfully return home without added delay.

According to the nation’s Centers for Disease Control and Prevention (CDC), nearly 2,000 seniors die as a result of fall-related injuries sustained in a nursing home every year. In addition, many who survive a fall may suffer a hip fracture, head injury, or another permanent disability. In fact, about 20 percent of nursing home falls reportedly result in a serious injury. CDC data also states that approximately 20 percent of senior citizen fall deaths occur in nursing homes despite that only about five percent of seniors reside in a long-term care facility.

Although falls may be caused by underlying health problems, environmental and other hazards may also be the source of fall injuries in nursing homes. For example, poor lighting, wet floors, improperly fitted wheelchairs, and the wrong bed height can increase the likelihood of resident injury. Additionally, failure to monitor a nursing home resident after any changes in medication may also contribute to patient falls. According to the CDC, nursing home staff can prevent falls by ensuring the underlying medical conditions of residents are addressed, educating employees regarding fall prevention strategies, installing safety equipment like handrails throughout the facility, and remediating any other environmental factors that may affect a patient’s ability to move.

As this study demonstrates, nursing home residents risk serious injury and death when facilities fail to employ enough direct care staff. The Illinois Nursing Home Care Act required long-term care facilities throughout the state to increase staff numbers in an effort to meet the needs of all residents. Still, inadequate staffing levels are a common factor in nursing home abuse or neglect in Illinois. If you believe a loved one was injured or died as a result of nursing home abuse or neglect, you should discuss your concerns with a nursing home abuse and neglect lawyer as soon as possible.
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Senate Bill Seeks to Protect Elderly Dementia Patients in Illinois, Throughout Nation

In September, Senate Bill S. 3604 entitled Improving Dementia Care Treatment for Older Adults Act of 2012 was introduced by Senators Kohl, Grassley, and Blumenthal. The bill is reportedly aimed at limiting the use of antipsychotic medications in senior citizens who suffer from dementia and reside in certified skilled nursing facilities throughout the United States.

According to the National Consumer Voice for Quality Long-Term Care, antipsychotic medications are frequently misused in elderly Americans who suffer from dementia. The drugs are reportedly often used as a means to control a nursing home resident’s behavior when a care facility lacks a sufficient number of well-trained staff. Despite that antipsychotic drugs are not approved for use in patients who suffer from dementia, an estimated 40 percent of nursing home residents diagnosed with the disease allegedly receive such drugs. Additionally, the nation’s Food and Drug Administration (FDA) has issued a black box warning regarding the use of antipsychotics in senior patients. A black box warning is the highest warning the FDA issues without removing a drug from the market. When used in the aged, antipsychotics may reportedly cause stroke, confusion, increased falls, and death.

If passed, Senate Bill S. 3604 would require informed consent from a nursing home resident or personal representative before a facility could administer an antipsychotic. Additionally, it would require long-term care facilities to track antipsychotic drug use in residents on a monthly basis, create a national physician education program about drug use in elderly dementia patients, and direct a long-term study regarding the use of antipsychotics in senior citizens in a variety of settings including nursing homes and hospitals.

In Illinois, most nursing home and other long-term care facilities are held to a high standard of care by various laws and regulations. Facilities that receive funds from Medicaid and Medicare programs are considered certified skilled nursing facilities and must adhere to federal regulations. Because most nursing homes in Illinois are certified, laws such as the one proposed by Senate Bill S. 3604 would offer additional protections to elderly dementia patients in our state.

Abuse and neglect in a skilled nursing facility is not always easy to identify. Improperly medicating a resident in order to make up for staff shortcomings is wholly unacceptable. Likewise, over-medication is normally a recipe for abuse. If you suspect a long-term care facility resident was the victim of elder abuse or neglect, you should discuss your concerns with a capable lawyer.
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Negligent Supervision Increases risk for Nursing Home Falls in Chicago

Chicago nursing home lawyers at Abels & Annes understand the risks associated with fall accidents in nursing homes.

A fall accident always has the potential to be serious, even when the victim is a child or healthy adult. About 50 percent of those who die each year in fall accidents are killed by a traumatic brain injury. Broken bones and joints are also common.But when the victim is an elderly adult in a nursing home, injuries often result in a permanent reduction in quality of life, increased issues with mobility, emotional issues associated with the fear of falling, and premature death.

Chicago nursing home neglect attorneys know that many fall accidents can be prevented with proper staffing and equipment, by ensuring residents keep as active as possible, and by periodic review of medications for complications and side effects. The truth of the matter is that we put older loved ones in nursing homes because of the professional care available — and we do it in an effort to prevent just such an accident from occurring.

Unfortunately, reports continue to show that nursing home falls are an epidemic. Recently, the Journal of the American Geriatrics Society reported 1 in 5 newly admitted nursing home residents will suffer a fall accident during their stay.

The study from the University of Southern California in Los Angeles looked at 230,730 residents who entered nursing homes in 2006 for the first time. Nearly 50,000 suffered at least one nursing home fall accident during the reporting period.

“A fall can delay or permanently prevent the patient from returning to the community, said Natalie E. Leland, Ph. D., in a statement accompanying the study’s release. “Identifying risk of falling is essential for implementing fall prevention strategies and facilitating successful discharge back to the community.”

The Centers for Disease Control and Prevention reports 20,000 older adults die in fall accidents each year — a number that has increased steadily for years. Another 2.2 million are seen in emergency rooms for fall-related injuries. Nationwide, one-third of adults over the age of 65 fall each year. That makes fall accidents the leading cause of accidental death among older adults.

Common Causes of Nursing Home Fall Accidents in Chicago

-Lack of Supervision -Lack of proper equipment, including poor bed-height -Missing or inadequate handrails/assist devices -Inactivity of patient -Side-effects/complications of medication -Poor footwear -Wet floors/obstacles -Poor hydration or nutrition
In some cases, fall accidents may go unreported or untreated, which can also lead to medical complications, including reduced function and quality of life. While it’s true those in nursing homes may be frailer and more prone to fall accidents, they deserve the professional care and supervision for which they are paying. And that alone is frequently enough to prevent an accident from occurring.
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Nursing home resident who may have dementia missing – allowed to leave facility with unknown man.

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

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

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

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

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

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.
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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.
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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.