The Many Types Of Nursing Home Neglect

Neglect in Chicago nursing homes, as well as those elsewhere in Illinois, can take many forms.  While often this nursing home neglect has to do with the health care being directly administered to the nursing home resident, at other times neglect is seen in other areas, such as the maintenance of the nursing home facility.  Nursing home neglect is further discussed in the page titled “Nursing Home Neglect.”

A recent incident in a Bangor, Maine nursing home serves as an example of how maintenance of the nursing home property can lead to unsanitary and potentially threatening conditions for nursing home residents.

The incident is described in the October 9, 2014 Bangor Daily News article titled “Bangor nursing home faces sanctions after maggots found in resident’s bandaged wound.”

Two excerpts from the article:

A local nursing home and rehabilitation center is facing federal sanctions after maggots were discovered in a resident’s bandaged wound, according to the Maine Department of Health and Human Services.

also:

The inspection found the facility had allowed flies into the building because it “failed to ensure the environment was free from hazards associated with windows with broken and missing screens,” according to the DHHS statement of deficiencies obtained by the Bangor Daily News through a Freedom of Access request.

Additional details and possible updates can be seen in a variety of media sources including the Bangor Daily News article mentioned above, and also mentioned in the October 14, 2014 Liberty Voice article titled “Nursing Home Reforms Urgently Needed.”

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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.

Changes To The Nursing Home Five-Star Rating System

Today (October 6, 2014) the federal government announced changes to the “five-star” rating system that is widely used to gauge the quality of care provided by nursing homes.  This ratings system has been criticized for many reasons, in part because many feel that the ratings system is unreliable due to self-reported data.  This ratings system and its criticisms, as well as ratings of Chicago area nursing homes, was discussed in the August 24, 2014 post titled “Chicago Nursing Homes And The Star Rating System.”

The changes to the five-star rating system is discussed in the October 6, 2014 New York Times article titled “Medicare Revises Nursing Home Rating System” as well as the WhiteHouse.gov press release of October 6, 2014 titled “FACT SHEET:  Administration Announces New Executive Actions to Improve Quality of Care for Medicare Beneficiaries.”

A couple of excerpts from the New York Times article include:

The five-star rating system has become the gold standard for evaluating the nation’s more than 15,000 nursing homes since it was put in place five years ago, even though two of the major criteria used to rate the facilities — staffing levels and quality statistics — are reported by the nursing homes themselves and generally are not audited by the federal government.

also:

Nursing homes will have to begin reporting their staffing levels quarterly using an electronic system that can be verified with payroll data. And officials will initiate a nationwide auditing program aimed at checking whether the so-called quality measures rating — which is based on information collected about every patient — is accurate.

Beginning in January, nursing homes’ ratings will also be based partly on the percentage of its residents being given antipsychotic drugs.

Additional details and possible updates concerning this nursing home ratings issue can be seen in the New York Times and whitehouse.gov 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 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.

Background Regarding Nursing Home Lawsuits

For those interested in the history and various other information regarding nursing home abuse lawsuits against the nursing home industry, the Wall Street Journal article of today (October 3, 2014) titled “Suits Rattle Nursing Homes” discusses the subject.

As well, the October 7 seniorhousingnews.com article titled “WSJ:  Lawsuits Shake Nursing Home Industry” also provides a recap and discussion.

Nursing homes are supposed to provide adequate care and living conditions for their residents.  If an Illinois nursing home resident that you care for is not receiving an adequate quality of care, please call the trial lawyers at the Elman Law Group to discuss the situation and to see if a legal remedy may exist.  This initial consultation is provided free.

Unfortunately, nursing home abuse and nursing home neglect – as well as nursing home accidents – can and does happen in Chicago and Chicago-area nursing homes.

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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.

Incidents Of Numerous Falls In Nursing Homes

Illinois nursing home residents that fall is a serious health concern.  This issue, as well as the serious injuries that these falls have the potential for causing, is further discussed on this site in the “Chicago Nursing Home Falls And Dropped Residents” page.

A recent article about various alleged nursing home neglect in two Connecticut nursing homes highlights numerous instances of nursing home falls, including residents who fell repeatedly.  The alleged falls are featured in the September 25, 2014 Hartford Courant article titled “Nursing Homes Fined Following Lapses In Care, Verbal Abuse Of Residents.”  The article discusses a variety of issues, including the numerous falls by nursing home residents.

An excerpt from the article:

On July 8, Greenwich Woods Health Care Center was fined $1,650 in connection with residents who developed pressure sores and the resident with Parkinson’s disease who fell 15 times between Jan. 5 and May 18.

also:

Another resident deemed at risk for falls was found on the floor March 16. A nurse’s aide said he or she had looked away while the resident was using the toilet. The resident stood up and fell to the floor and received a cut that was sutured in a hospital emergency room, DPH’s citation said.

Additional details regarding this alleged nursing home neglect and nursing home falls can be seen in a variety of media sources, including the Hartford Courant article mentioned above, as well as the September 25 c-hit.org article titled “Nursing Homes Fined Following Lapses In Care, Verbal Abuse Of Residents.”

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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 litigation (court trial) capabilities.  This is important for your lawsuit because if we are unable to attain an appropriate settlement, we have a proven track record of achieving highly attractive court verdicts.

In fact, because of this litigation 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.

Lawsuits Claiming Neglect At Nursing Home

A September 12, 2014 wftv.com article titled “Troubled Ormond Beach nursing home now facing negligence lawsuits” discusses various nursing home neglect lawsuits filed against a Florida nursing home, Avante at Ormond Beach.  These lawsuits and alleged underlying negligence provide another example of the types of lawsuits that are filed over alleged nursing home neglect.

According to the article, four negligence lawsuits have been filed against the nursing home over the last year.

An excerpt from the article:

A new lawsuit claims the facility did not properly care for Diane Osterholm.

It states the staff failed to prevent injury from falls and failed to monitor signs and symptoms of infection.

A lawsuit from January on behalf of Joseph Woods makes similar claims, but alleged Woods’ death was a direct result of negligence.

Another article, from the The Daytona Beach News-Journal, dated July 17, 2013 and titled “2 file complaints against Ormond nursing home already on fed’s watchlist” discusses lawsuits and associated neglect allegations concerning the nursing home.

An excerpt from this article:

One of the patients, Constance A. Hall of Volusia County, was admitted to Avante in 2010 and still lives there. She suffered malnutrition, bedsores, pneumonia, multiple urinary tract infections, sepsis and MRSA, according to her lawsuit. She also fractured her right hip in a fall.

The article also discusses the injuries and other harm suffered by Constance Hall and another nursing home resident:

The lawsuits charges the two patients “suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, and aggravation of previously existing condition.”

Additional details and possible updates can be seen in a variety of media sources, including the two articles 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 litigation (court trial) capabilities.  This is important for your lawsuit because if we are unable to attain an appropriate settlement, we have a proven track record of achieving highly attractive court verdicts.

In fact, because of this litigation 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.

“High-Risk” Medication Use Following Hospital Stays

The medications and prescriptions administered within Illinois nursing homes, as well as nationally, is an area of concern for many different reasons.  Among these reasons include concerns over proper dosages, proper drug administration, and appropriate medications for nursing home residents.  (Other posts regarding nursing home medication issues can be seen in the medications category.)

Recently, there has been a study with regard to “high-risk” medication use for nursing home residents who return to the nursing home following a hospital stay.  This study indicates cause for concern with regard to administration of these medications in the post-hospital stay instances.

The study and its findings is discussed in the September 12, 2014 McKnight’s article titled “Nursing homes tend to administer high-risk medications to returning residents, study shows” as well as the October 2014 Medical Care abstract titled “High-Risk Medication Use by Nursing Home Residents Before and After Hospitalization.”

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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 litigation (court trial) capabilities.  This is important for your lawsuit because if we are unable to attain an appropriate settlement, we have a proven track record of achieving highly attractive court verdicts.

In fact, because of this litigation 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.

Proposal To Allow Audio And Video Monitoring In Illinois Nursing Homes

Today (September 8, 2014) Illinois Attorney General Lisa Madigan announced a proposal that would allow video cameras and audio recording devices in Illinois nursing homes, provided that nursing home residents consent and if they (or their family members) pay for such devices and their operation.  Currently, under Illinois law, Illinois nursing home residents are not allowed to have video cameras installed their rooms.

Three excerpts from the press release, titled “Attorney General Madigan Announces Legislation To Allow Video, Audio Monitoring In Nursing Homes“:

Attorney General Lisa Madigan today announced a legislative proposal that will allow nursing home residents and their families to provide video or audio monitoring devices in their rooms to ensure their safety and well-being.

also:

The Attorney General cited an increasing need for additional safety measures at Illinois nursing homes as the state’s population continues to age. Currently, Illinois has over 1,200 nursing home facilities with over 100,000 residents. The U.S. Census Bureau also estimates that by 2030, 22.3 percent of Illinois’ population will be aged 60 and older, an increase of more than 28 percent from 2012.

also:

Madigan noted that video and audio surveillance could be used as an added tool to help resolve disputes about suspected abuse or negligence. The Illinois Department of Public Health receives nearly 19,000 calls annually and responds to over 5,000 complaints. During the first quarter of 2014, the Department of Public Health reported licensure violations for 77 facilities.

The Chicago Tribune also published a September 8 article regarding the proposal.  The article is titled “Should video cameras be used in nursing homes?”  An excerpt from this article:

Five states — Texas, Oklahoma, New Mexico, Maryland and Washington — allow cameras in nursing homes, said Lori Smetanka, director of the National Long-Term Care Ombudsman Resource Center, which promotes quality care services for seniors.

Additional details and possible updates regarding this video and audio monitoring in Illinois nursing homes proposal can be seen in the press release and Chicago Tribune article mentioned above, as well as the September 8, 2014 myfoxchicago.com article titled “New proposal would allow cameras at nursing homes.”

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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 litigation (court trial) capabilities.  This is important for your lawsuit because if we are unable to attain an appropriate settlement, we have a proven track record of achieving highly attractive court verdicts.

In fact, because of this litigation 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.

Lawsuit Concerning Nursing Home Fall

Nursing home falls can be devastating to the health of nursing home residents, as a range of serious injuries can occur.  There are a number of reasons that a nursing home resident may fall; while at times the falls are unavoidable, many other times the residents’ falls are caused by lack of proper assistance from nursing home staff members or poorly maintained equipment, such as wheelchairs or lifts.

If an Illinois nursing home resident has fallen and sustained injuries because of a fall, there may be grounds for filing a Illinois personal injury lawsuit against the nursing home.

An August 30, 2014 San Luis Obispo Tribune article, titled “Arroyo Grande nursing home sued over resident who fell” discusses such a lawsuit, filed after a California nursing home resident allegedly fell and injured herself at the Casa Rosa Elder Care nursing home in October 2013.

The article discusses the alleged incident and injuries, as well as the lawsuit’s allegations regarding the level of care the nursing home resident received both during and after the incident.

An excerpt from the article:

After slipping and falling, a 91-year-old woman living in a residential care facility lay bleeding on a bathroom floor for three hours while a sleeping attendant ignored calls for help, according to a lawsuit filed Wednesday.

The suit, filed on behalf of Claire Trubo, accuses Casa Rosa Elder Care in Arroyo Grande of being understaffed because it put profits ahead of care. Claims made in civil suits represent only one side and have yet to be proven in court.

Additional details are seen in the San Luis Obispo Tribune 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 litigation (court trial) capabilities.  This is important for your lawsuit because if we are unable to attain an appropriate settlement, we have a proven track record of achieving highly attractive court verdicts.

In fact, because of this litigation 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.

Lawsuit Filed Alleges Nursing Home Mistreatment

Mistreatment at nursing homes can take many forms, and often the allegations as well as actual incidents can be shocking.  Often, such allegations are seen in nursing home lawsuits that have been filed.

Such is the case with a recent lawsuit that has been filed that alleges nursing home mistreatment at an Iowa nursing home.

The alleged mistreatment is discussed in the August 29, 2014 Des Moines Regsiter article titled “Woman:  Mom ‘treated like an animal.'”

A couple of excerpts from the article:

The family of an elderly Iowa woman who died this week is suing the nursing home where she was receiving care, charging that she was left on the floor of an unfurnished room, naked and soiled with excrement.

also:

In her lawsuit, Gerhard alleges Madrid Home treated her mother with gross negligence, reckless disregard and deliberate indifference. She is seeking unspecified compensatory and punitive damages.

Additional details regarding this lawsuit and the alleged nursing home mistreatment can be seen in a variety of media sources, including the Des Moines Register article mentioned above, as well as the August 30 kcrg.com article titled “Lawsuit Says Iowa Nursing Home Mistreated Woman.”

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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 litigation (court trial) capabilities.  This is important for your lawsuit because if we are unable to attain an appropriate settlement, we have a proven track record of achieving highly attractive court verdicts.

In fact, because of this litigation 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.

Statistics Regarding The Reporting Of Nursing Home Abuse And Neglect

The extent to which nursing home abuse and nursing home neglect is reported is an important subject, both for those instances of nursing home abuse and neglect that happen in Illinois as well as nationally.  As indicated elsewhere in this site, many studies and reports indicate that abuse and neglect of nursing home residents is likely underreported to a significant degree, as is the incidence of overall elder abuse.

Recently, the Department of Health and Human Services released a report titled “Nursing Facilities’ Compliance With Federal Regulations For Reporting Allegations Of Abuse Or Neglect.”  This report, dated August 2014, contains much notable information regarding the topics of abuse and neglect in nursing facilities, as well as reporting requirements.

A few notable excerpts include, in the order in which they are found in the report:

from page 1:

It is estimated that approximately 5 million, or 10 percent, of elderly adults are abused, neglected, or exploited annually.¹  Between now and 2050, the United States is projected to experience significant growth in its elderly population. In 2050, the number of Americans aged 65 and older is projected to be 88.5 million, more than double the population of 40.2 million in 2010.²  Nursing facilities are likely to experience increases in their resident population; therefore, it is important to ensure that residents are protected from abuse and neglect.

from page 3:

Nursing facilities must report all allegations of abuse or neglect immediately to the nursing facility administrator or designee, State survey and certification agency (State survey agency), and to other officials in accordance with State law.  An allegation of abuse or neglect is required to be reported immediately; an investigation is subsequently conducted to determine and substantiate the allegation. Not all allegations of abuse or neglect are substantiated. Nursing facilities are required to report the results of investigations of these allegations to the nursing facility administrator or designee, State survey agency, and to other officials in accordance with State law within 5 working days of the incident.

from page 14:

It is both required and expected that nursing facilities will report any and all allegations of abuse or neglect to ensure resident safety. Eighty-five percent of nursing facilities reported at least one allegation of abuse or neglect to OIG in 2012. Seventy-six percent of nursing facilities maintained policies that address Federal regulations for both reporting allegations of abuse or neglect and subsequent investigation results. Further, 61 percent of nursing facilities had documentation supporting the facilities’ compliance with both Federal regulations under Section 1150B of the SSA. Lastly, 53 percent of allegations of abuse or neglect and the subsequent investigation results were reported, as Federally required.

Additionally, the report has Table 1 (page 2) that contains definitions of both abuse and neglect, as well as a definition of Injuries of Unknown Source and Misappropriation of Resident Property.

As well,  Table 3 (page 8) provides statistics regarding allegations of reported abuse and neglect, and Table 4 (page 8) indicates the nature of the allegations, e.g. employee to resident, resident to resident, etc.  Notably, 24.2 percent of the allegations were “resident to resident,” compared to 40.3 percent as “employee to resident.”

Additional details can be found in the Department of Health and Human Services report mentioned above, as well as the August 25, 2014 Houston Chronicle article titled “Survey:  U.S. Nursing homes don’t report many abuse allegations.”

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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 litigation (court trial) capabilities.  This is important for your lawsuit because if we are unable to attain an appropriate settlement, we have a proven track record of achieving highly attractive court verdicts.

In fact, because of this litigation 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.