MRSA Infections In Nursing Home Neglect Lawsuits

The level of care a resident receives at a nursing home is an important issue, especially given the level of nursing home neglect and abuse that has been documented both in statistics as well as alleged in lawsuits.

An adequate level of nursing home care has many different facets.  One of the facets is whether procedures and the overall condition of the nursing home (including cleanliness) is appropriate to insure adequate and safe living conditions.  If procedures and the overall living conditions of the nursing home are deficient, many different types of injuries and afflictions can occur.  These injuries and afflictions, should they occur, can be grounds for a nursing home neglect lawsuit.  Of course, the successful filing of such a suit is dependent upon the specific characteristics of the injury and its causes.

One type of affliction that can occur is infections and other ailments caused by lack of proper care.  One of these types of conditions is sepsis, which is further discussed on the Sepsis page.

One notable infection that has recently been mentioned in Chicago area nursing home neglect lawsuits has been methicillin-resistant Staphylococcus aureus (MRSA) infections.  Elderly residents experiencing certain health and living conditions – including some found in nursing homes – are potentially susceptible to MRSA.

Two lawsuits concerning MRSA infections that were allegedly contacted in nursing homes in Evanston and Cicero is discussed in the August 23, 2016 Cook County Record article titled “Woman blames nursing home for MRSA infection” as well as the April 23, 2014 Cook County Record article titled “Woman’s wound, MRSA infection leads to suit against Alden Town Manor Rehab Center.”

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Should you or someone you care for experience Illinois nursing home abuse or neglect – or a nursing home accident – please contact the Elman Law Group to discuss the situation and to see what legal remedies may exist.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its courtroom trial capabilities.  This is important for your lawsuit because if an attractive lawsuit settlement is not offered, we have a proven track record of achieving attractive courtroom verdicts.

In fact, because of this court trial capability, many well-known law firms choose to have Elman Law Group take cases to court. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Lawsuit Claims Nursing Home Operator Performed Fraud

One of the most common criticisms of nursing homes, as well as other long-term health care facilities such as assisted living facilities, is that such facilities do not – and can not – provide adequate levels of care due to understaffing.  This lack of staffing can be caused by many factors, including poor management, poor financial management, and fraud.

One example of this is seen in a nursing home operator that has been sued by the Federal Government, which claims that the nursing home operator filed false claims and also neglected to provide patients with with adequate and basic nursing services.  Because of this lack of care, which included lack of medications, residents allegedly suffered a number of ailments and associated pain, including pressure sores, falls, dehydration and malnutrition.

The lawsuit is seen in the September 7, 2016 Department of Justice news release titled “The United States Files False Claims Act Against Six Vanguard Nursing Facilities…”  A notable excerpt from this press release include:

The United States’ complaint alleges that between Jan. 1, 2010, and Dec. 31, 2015, the six Vanguard facilities failed to provide the most basic and essential skilled nursing services to their residents.  The lack of adequate care at the Vanguard facilities included chronic staffing and critical medical supplies shortages, failure to provide standard infection control, failure to administer medication to residents as prescribed by their physicians, failure to provide wound care as ordered by physicians, failure to adequately manage residents’ pain and providing unnecessary and excessive psychotropic medications to residents and using unnecessary physical restraints on residents.  As a result, Vanguard residents suffered pressure ulcers, falls, dehydration and malnutrition, among other harms.  The United States’ complaint further alleges that Miller, who served as the Director of Operations for Vanguard from September 2011 through August 2014, knew that resident care at the Vanguard facilities was non-existent or grossly substandard but failed to correct these problems.

Additional details regarding this lawsuit can be seen in the DOJ press release mentioned above, as well as The Tennessean article of September 7 article titled “Feds:  Patients suffered in nursing home fraud case.”

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Should you or someone you care for experience Illinois nursing home abuse or neglect – or a nursing home accident – please contact the Elman Law Group to discuss the situation and to see what legal remedies may exist.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its courtroom trial capabilities.  This is important for your lawsuit because if an attractive lawsuit settlement is not offered, we have a proven track record of achieving attractive courtroom verdicts.

In fact, because of this court trial capability, many well-known law firms choose to have Elman Law Group take cases to court. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Wrongful Death Lawsuit Regarding Mount Vernon Nursing Home Resident Death

Falls among the elderly remains a substantial health concern, as such falls often lead to serious injuries.  Among these serious injuries are broken hips and traumatic brain injuries (TBI) such as concussions.  On this site, the issue of falls is discussed both on the “Nursing Home Resident Falls” page as well as seen in many individual posts found under the “nursing home falls” category.

Due to the frequency of these falls, as well as the severity of injuries that often occur, lawsuits against health care facilities in which these falls occur are common.  One of these lawsuits was discussed in the November 3, 2015 Madison Record article titled “Nursing home seeks to transfer wrongful death suit.”  As seen in the article, a 76-year-old nursing home resident (Sandra Rylander) in a Mount Vernon nursing home allegedly fell numerous times, with the last fall leading to the later death of the nursing home resident.

An excerpt from the article:

Rylander says the decedent allegedly suffered falls on Nov. 22, 2014, Dec. 9, 24 and 25, 2014, and Jan. 17, but was unable to alert anyone. On Jan. 18, she was found face-down, bleeding and unresponsive in her room. She was pronounced dead two days later, the suit states.

The defendants are being sued for abuse and neglect by failing to provide adequate supervision, failing to keep Sandra Rylander from falling and in sight, failing to provide an adequate alarm system, failing to ensure the alarms were functioning and failing to develop an up-to-date plan of care.

Additional details regarding the alleged neglect and lawsuit can be seen in the media sources including the Madison Record article mentioned above.

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Should you or someone you care for experience Illinois nursing home abuse or neglect – or a nursing home accident – please contact the Elman Law Group to discuss the situation and to see what legal remedies may exist.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its courtroom trial capabilities.  This is important for your lawsuit because if an attractive lawsuit settlement is not offered, we have a proven track record of achieving attractive courtroom verdicts.

In fact, because of this court trial capability, many well-known law firms choose to have Elman Law Group take cases to court. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Fatal Wandering Incident Leads To Wrongful Death Lawsuit

In the August 3, 2016 post (“Elopement Incident Leads To Death Of Nursing Home Resident“) an elopement (frequently referred to as “wandering”) incident that happened in South Carolina was discussed.  This incident led to the subsequent death of the nursing home resident.

There have been other incidents involving elopement that have led to the death of nursing home residents as well as those in other long-term care facilities, such as assisted living facilities.

One such incident happened in Minnesota.  This incident happened in July 2013 when a resident (Dale Gerard) disappeared (i.e. wandered from) from an assisted living facility in Duluth.  Gerard was said to have dementia as well as other mental and physical disabilities.

The fatality – and subsequent wrongful death lawsuit – is discussed in a number of media sources.  These sources include the February 4, 2016 McKnight’s Senior Living article titled “Assisted living community sued for resident disappearance, death” as well as the February 2, 2016 Duluth News Tribune article titled “Duluth care facility sued in resident’s 2013 disappearance, death” and the February 3 fox21online.com article titled “Lawsuit filed against Duluth Assisted Living Facility after Resident’s Death.”

As seen in the accounts of the incident, the resident did have an ankle bracelet, which was supposed to notify facility staff if she left the facility.  However, as claimed in the lawsuit, not all of the doors were equipped with the proper technology.  As well, the resident may have learned how to disable the ankle bracelet.

An excerpt from the Duluth News Tribune article concerning the wrongful death lawsuit:

The wrongful death suit, served this week on Wesley Residence and parent company At Home Living Facilities, claims that the care provider was negligent in failing to adequately secure the building and allowing her to leave unattended, violating established care policies.

Additional details concerning this fatal elopement incident and the wrongful death lawsuit can be seen in various media sources, including those sources mentioned above.

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Should you or someone you care for experience Illinois nursing home abuse or neglect – or a nursing home accident – please contact the Elman Law Group to discuss the situation and to see what legal remedies may exist.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its courtroom trial capabilities.  This is important for your lawsuit because if an attractive lawsuit settlement is not offered, we have a proven track record of achieving attractive courtroom verdicts.

In fact, because of this court trial capability, many well-known law firms choose to have Elman Law Group take cases to court. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Elopement Incident Leads To Death Of Nursing Home Resident

“Elopement” (often referred to as “wandering”) is an issue that can happen in long-term health care facilities such as assisted living facilities and nursing homes.  Typically, this wandering can lead to a resident or patient wandering from where they are supposed to be to other areas.  Such areas may be outside of the health care facility, and in some cases such wandering has led to the death of the nursing home resident.

On this site, such an elopement incident – and a subsequent wrongful death lawsuit – was discussed in the October 24, 2014 post titled “Wrongful Death Lawsuit Filed Over Elopement Incident.”  That wandering involved a health care facility in Lockport.

Often, lawsuits over such wandering incidents claims negligence against the health care facility, and this negligence can include various factors such as failure to supervise the nursing home resident.

A recent elopement incident occurred in South Carolina, and this elopement involved the subsequent death of a nursing home resident.  The resident was said to have dementia and a history of wandering.  This fatal incident is further discussed in a number of media sources, including the August 1, 2016 abcnews4.com article (with video) titled “Family of woman found dead in marsh considers lawsuit against nursing home” as well as the May 31 McKnight’s Senior Living article titled “Assisted living community under investigation after resident wanders, is found dead.”

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Should you or someone you care for experience Illinois nursing home abuse or neglect – or a nursing home accident – please contact the Elman Law Group to discuss the situation and to see what legal remedies may exist.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its courtroom trial capabilities.  This is important for your lawsuit because if an attractive lawsuit settlement is not offered, we have a proven track record of achieving attractive courtroom verdicts.

In fact, because of this court trial capability, many well-known law firms choose to have Elman Law Group take cases to court. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Lawsuit Regarding Negligence In Treatment Of Pressure Ulcer

The Cook County Record article of June 23, 2016, titled “Nursing home accused of negligence,” discusses a lawsuit that has been filed in the Circuit Court of Cook County against River Oaks Healthcare & Rehabilitation Center LLC, doing business as Bria of River Oaks, which is a nursing care facility.  According to the article, the lawsuit claims negligence and other insufficient measures taken in the care of Joanne Gillogg.

An excerpt from the article:

According to the complaint, the plaintiff alleges that Gillogg experienced severe pain from a pressure ulcer that ultimately contributed to or caused her death. The plaintiff holds the defendant responsible because the defendant allegedly failed to provide proper medical care and adequate supervision at all times to Gillogg while she was being taken care of in its facility.

As frequently discussed on this site, pressure ulcers (also frequently referred to as pressure sores, bedsores, and bed sores) can – especially if not treated promptly and properly – lead to a variety of adverse health consequences that can directly or indirectly lead to the death of those who have them.  One of the complications that can arise is that of sepsis, which is further discussed on the sepsis page.

While it is not disclosed in the Cook County Record article as to the exact chain of events that happened to the decedent, in general pressure sores are painful and if not treated the worsening pressure sores can become very visually apparent, as seen in pictures of pressure sores.

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Should you or someone you care for experience Illinois nursing home abuse or neglect – or a nursing home accident – please contact the Elman Law Group to discuss the situation and to see what legal remedies may exist.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its courtroom trial capabilities.  This is important for your lawsuit because if an attractive lawsuit settlement is not offered, we have a proven track record of achieving attractive courtroom verdicts.

In fact, because of this court trial capability, many well-known law firms choose to have Elman Law Group take cases to court. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Nursing Home Abuse Committed By Other Residents

As discussed in many areas of this website, nursing home abuse can take many forms.  As well, the nursing home abuse can be carried out by many different parties.

While, in many cases, nursing home abuse is committed by employees of the nursing home, mistreatment of nursing home residents can also occur when one (or many) nursing home residents abuse another resident.  Often, this takes the form of verbal abuse and other mistreatment, but can (as previously mentioned in this site) also involve physical assault and sexual assault.

One of the challenges inherent in assessing the levels of nursing home abuse that occurs is that in many cases, nursing home abuse is not reported.  As such, as seen in many sources, many people believe that the official statistics under-report instances of nursing home abuse.

CBS News published an article on June 15, 2016, titled “Nursing home abuse common, but from an unlikely source.”  The article discusses the findings of a recent study on nursing home abuse from other residents and its frequency.

Notable excerpts from the article include:

It’s disturbingly common for elderly folks who live in nursing homes to experience abuse at the hands of other residents, a new study shows.

About one in five have experienced verbal or physical mistreatment from other residents, the study’s lead author, Dr. Mark Lachs, told CBS News.

also:

Out of the 2,011 residents included in the study, 407 experienced at least one instance of mistreatment during the month the study took place.

In the past, there’s been more attention to the problem of staff abuse of elderly patients, but Lachs said it’s time to shift the focus.

“[Abusive] staff should be arrested, fired, and prosecuted. But aggression between residents needs to be given attention. You’re probably at greater risk than from a staff member — but we just don’t have good numbers on that yet,” he said.

The article also discusses other issues, such as the substantial under-reporting of elder abuse as well as ways to limit abuse of nursing home residents.

Additional details can be seen in the CBS News article.

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Should you or someone you care for experience Illinois nursing home abuse or neglect – or a nursing home accident – please contact the Elman Law Group to discuss the situation and to see what legal remedies may exist.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its courtroom trial capabilities.  This is important for your lawsuit because if an attractive lawsuit settlement is not offered, we have a proven track record of achieving attractive courtroom verdicts.

In fact, because of this court trial capability, many well-known law firms choose to have Elman Law Group take cases to court. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Nursing Home Falls And The Diabetes Risk Factor

Falls among the elderly – and especially those at nursing homes and other similar facilities (such as assisted living facilities and retirement homes) – are often discussed on this site because of both the common nature of these types of accidents as well as the extensive nature of the injuries that occur because of these falls.

These nursing home falls can occur for any number of reasons.  Often they are because the resident trips or slips, or otherwise loses their balance.   Such falls and their injuries are a leading cause of nursing home lawsuits.  Falls can lead (either directly or, after a time, indirectly) to the death of nursing home residents.  In these incidents nursing home wrongful death lawsuits have been filed.

Given the prevalence of falls, prevention as well as awareness of risk factors is valuable.  In the last post (that of May 26 titled “Nursing Home Falls And The Depression Risk Factor“) falls and their increased incidence in those with depression was discussed.

Another risk factor for nursing home falls is associated with those who have diabetes.  The increased probability of falls among those who have diabetes is discussed in a variety of sources, including the following:

Montana Chronic Disease Prevention & Health Promotion Bureau:  “Increased Risk for Falls Among Those With Diabetes” (pdf)

McKnight’s September 27, 2005; “Study:  Diabetes quadruples residents’ risk of falling

This increased risk for falling among those with diabetes is particularly important as the number of people who have diabetes has increased with time.  This is discussed in various sources, including the q13fox.com article of April 6, 2016 titled “Diabetes cases have quadrupled in just over 3 decades.”

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Should you or someone you care for experience Illinois nursing home abuse or neglect – or a nursing home accident – please contact the Elman Law Group to discuss the situation and to see what legal remedies may exist.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its courtroom trial capabilities.  This is important for your lawsuit because if an attractive lawsuit settlement is not offered, we have a proven track record of achieving attractive courtroom verdicts.

In fact, because of this court trial capability, many well-known law firms choose to have Elman Law Group take cases to court. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Nursing Home Falls And The Depression Risk Factor

Because of the frequency of falls among the elderly – and the typical serious nature of the injuries that often accompany these falls – falls that occur in nursing homes and other types of long-term care facilities (such as assisted living facilities, retirement homes and SNFs) are often discussed on this site.

Further emphasizing the serious nature of the injuries that often accompany falls (which often occur after the nursing home resident trips or slips) is that nursing home falls are a leading cause of lawsuits against nursing homes and other long-term care facilities for the elderly.  Falls have led (directly or, after a time, indirectly) to the death of nursing home residents, and when this occurs nursing home wrongful death lawsuits are often filed.

Falls that occur in nursing homes are common.  According to the Centers for Disease Control and Prevention (CDC) “Between half and three-quarters of nursing home residents fall each year.  That’s twice the rate of falls among older adults living in the community.”

These falls can occur for many reasons.  One recent study indicates that depression and its treatments may significantly increase the risk of falls among nursing home residents.  This aspect and the underlying study are discussed in two recent McKnight’s articles, seen below:

Depression – And its Treatments – are fall risks” – May 24, 2016

Depression treatments may increase risk of falls in SNF residents, study shows” – May 17, 2014

One aspect of proper health care management is being aware of risk factors for falling and taking proper preventative measures.  Should a nursing home fail to do so may lead to a negligence claim should a resident fall and injure themselves.

As with any type of potential accident lawsuit, a personal injury lawyer should review the situation to see if an injury lawsuit should be filed.   If you or someone you care for has been injured in an Illinois nursing home accident, please call the lawyers at the Elman Law Group at (773) 392-8182 to discuss the accident and to get a legal overview concerning the accident injury.

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Should you or someone you care for experience Illinois nursing home abuse or neglect – or a nursing home accident – please contact the Elman Law Group to discuss the situation and to see what legal remedies may exist.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its courtroom trial capabilities.  This is important for your lawsuit because if an attractive lawsuit settlement is not offered, we have a proven track record of achieving attractive courtroom verdicts.

In fact, because of this court trial capability, many well-known law firms choose to have Elman Law Group litigate cases. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Wrongful Death Lawsuit Regarding Lack Of Physician Notification

One source of lawsuits regarding the standard of care provided in Illinois nursing homes is whether appropriate levels of urgency are displayed with regard to a resident’s changing health status.  In other words, if a nursing home resident is injured or otherwise has a deterioration in their health, are appropriate parties notified?  If such notification is done, is it done on a timely basis?

While the parties that should be notified depends upon the situation, typically the resident’s physician is one of the people that should be notified in the case of a deteriorating health condition.  If the physician is not notified, medical treatment that may be imperative may be either not administered or not administered in a timely fashion, which may result in many adverse health impacts.

The Madison Record article of May 24, 2016, titled “Health-care facility accused of wrongful death” discusses a wrongful death lawsuit filed in Madison County Circuit Court.  The lawsuit alleges that nursing home staff failed to inform the patient’s physician of the change in the resident’s clinical status.  The decedent is named as Zittie B. Harris.

An excerpt from the article:

According to the complaint, the plaintiff alleges that, on Aug. 23, 2015, the decedent died due to negligence and acts of omission. The plaintiff holds OSF Healthcare responsible because the defendant allegedly failed to provide the necessary information to Harris’ physician, which became the reason for the latter’s death.

Additional details concerning this wrongful death lawsuit can be seen in various media sources, including the Madison Record article mentioned above.

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Should you or someone you care for experience Illinois nursing home abuse or neglect – or a nursing home accident – please contact the Elman Law Group to discuss the situation and to see what legal remedies may exist.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its courtroom trial capabilities.  This is important for your lawsuit because if an attractive lawsuit settlement is not offered, we have a proven track record of achieving attractive courtroom verdicts.

In fact, because of this court trial capability, many well-known law firms choose to have Elman Law Group take cases to court. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.