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.

Chicago Nursing Homes And The Star Rating System

Nursing home ratings, particularly regarding Chicago area nursing homes, is discussed on the “Chicago Metropolitan Area Nursing Homes” page.

The Federal Centers for Medicare & Medicaid Services rates nursing homes on a 5-star scale, with “5-star” ratings being the purportedly highest-quality nursing homes, whereas “1-star” nursing homes are the lowest-rated.  These rating are important for many reasons, including that they are often used in making decisions as to which nursing home should be chosen. 

However, an article in today’s (August 24, 2014) New York Times, titled “Medicare Star Ratings Allow Nursing Homes to Game the System” discusses the “star” rating system and identifies potential vulnerabilities in the methodology employed.

A couple of excerpts from the article:

The Medicare ratings, which have become the gold standard across the industry, are based in large part on self-reported data by the nursing homes that the government does not verify. Only one of the three criteria used to determine the star ratings — the results of annual health inspections — relies on assessments from independent reviewers. The other measures — staff levels and quality statistics — are reported by the nursing homes and accepted by Medicare, with limited exceptions, at face value.

The ratings also do not take into account entire sets of potentially negative information, including fines and other enforcement actions by state, rather than federal, authorities, as well as complaints filed by consumers with state agencies. Last year, the State of California, for example, fined Rosewood $100,000 — the highest penalty possible — for causing the 2006 death of a woman who was given an overdose of a powerful blood thinner.

Addition discussion – as well as a diagram depicting the components of the star rating system – can be seen in the New York Times article mentioned above.

As well, the McKnight’s article of August 29, 2014, titled “The nursing home survey system is about to get a much closer look” also discusses various related issues.

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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.

Nursing Home Lawsuit Regarding Death Of Nursing Home Resident

There has been a nursing home lawsuit filed over the alleged formation of bedsores in a nursing home resident, who later died from health complications due to the development of the bedsores.

The lawsuit filed is against an Ohio nursing home, Shawnee Manor Nursing Home, over the death of a resident, Donald Ballard.

The patient’s condition, including the formation of bedsores and the lawsuit, is discussed in the August 15, 2014 limaohio.com article titled “Family of deceased man sues nursing home.”

A couple of excerpts from the article:

The staff at Shawnee Manor failed to identify the risk of pressure sores and did not properly care for Ballard leading to pressure ulcers on both heels, ankles and feet, which became infected, Courtney said in the lawsuit.

also:

The lawsuit said staff members at the nursing home were negligent in his treatment. The lawsuit said he suffered, and the family incurred medical and funeral expenses.

The article also discusses the progression of health problems that Ballard allegedly suffered due to the complications from the bedsores.  According to the lawsuit, these “numerous” infections included a urinary tract infection, pulmonary aspiration, and sepsis.

Additional details and possible updates concerning this lawsuit involving bedsores can be seen in the limaohio.com article mentioned above.

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Bed sores (also commonly called bedsores, pressure ulcers and pressure sores) are further discussed in the Elman Law Group’s chicagobedsoreslaw.com site.

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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.

Overprescriptions Of Medications To Illinois Nursing Home Residents

Nursing home medications and their appropriateness (both in the medications administered as well as the dosages received) is a topic that has received a considerable amount of attention.  Many people believe that antipsychotic drugs are among the drugs that are overprescribed.

A recent news item concerning a Chicago psychiatrist, Dr. Michael Reinstein, and his prescriptions to Illinois nursing home residents is noteworthy in this regard.

According to news reports, the Illinois’ Department of Financial and Professional Regulation has indefinitely suspended Reinstein’s license.

An excerpt from the Chicago Tribune article of August 11, 2014, titled “Illinois suspends license of controversial psychiatrist“:

For years, Dr. Michael Reinstein was a prolific prescriber of a dangerous antipsychotic drug in nursing homes and mental health facilities, giving it to more than 50 percent of the patients under his care.

The psychiatrist’s prescriptions of clozapine, known as a risky drug of last resort, were linked to three patients’ deaths and triggered federal accusations of kickbacks and fraud.

Additional details concerning this alleged Illinois nursing home overprescription issue can be seen in a variety of media sources, including the Chicago Tribune article mentioned above, as well as the Propublica.org article of August 11 titled “Illinois Suspends Medical License of Leading Prescriber of Antipsychotic Drugs” as well as the August 12 McKnight’s article titled “Doctor accused of vastly overprescribing antipsychotic to nursing home residents loses license.”

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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.

Alleged Sexual Assault In Illinois Nursing Home

As seen in a variety of reports and media sources, sexual assault and sexual abuse can and does happen at Illinois nursing homes.

There have been two recent articles concerning instances of alleged sexual assaults at nursing homes.  The first is seen in the July 30 lancasteronline.com article titled “Man gets 8-20 years for sexually assaulting Alzheimer’s patient in nursing home.”  In this case, the underlying sexual assault happened in 2013, and involved one nursing home resident sexually assaulting another resident.

Another alleged nursing home sexual assault happened in 2011, in a nursing home (Crystal Pines Rehabilitation and Health Care Center)  in Crystal Lake, Illinois.   The underlying alleged sexual assault was summarized in the October 26, 2011 ChicagoSexualAbuseLawyerBlog.com (published by Elman Law Group) post titled “93-Year-Old Woman Allegedly Sexually Assaulted In Crystal Lake, Illinois Nursing Home.”  The trial regarding this incident was recently featured in the July 31, 2014 TribLocal Crystal Lake article titled “Mistrial for man accused of nursing home sexual assault.”

As seen in the article and blog post mentioned above, the alleged sexual assault that occurred in the Illinois nursing home was committed by a certified nursing assistant against a nursing home resident.

Additional details regarding these two alleged nursing home sexual assaults can be seen in the articles and posts 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.