Pre-Dispute Arbitration Agreements

The Huffington Post recently featured a post titled “Corporate America’s Latest Target:  Nursing Home Patients.”  The subject of pre-dispute arbitration agreements, as it pertains to nursing home care, is discussed, as are other facets of nursing home care.  As well, an alleged incident of a resident who was dropped and suffered head trauma is also highlighted.

An excerpt from the October 15, 2015 post:

Thousands of nursing homes across the country have been snapped up by large Wall Street companies. Sixty percent of the market is now occupied by for-profit entities, increasingly private equity groups. One report discovered that in 60 percent of the homes purchased, managers cut the nursing staff to the point where they were providing only one clinical registered nurse for every 20 residents.

Just as they’ve done in other parts of our economy, these giant corporations are using forced arbitration clauses — contract terms that say that people cannot sue them, no matter what laws they break, and instead people harmed by illegal acts can only bring cases before private arbitrators who are generally beholden to the corporations. These clauses make it far harder for the victims of mistreatment to hold a facility accountable where there’s abuse or serious negligence, and they minimize the incentive to provide the highest quality of care.

Additional details can be seen in the Huffington Post article mentioned above.

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Should someone you care for experience Illinois nursing home abuse or neglect or a nursing home accident – or suffer an injury at a similar health care facility such as an assisted living facility, retirement home, skilled nursing facility (SNF) or hospital – please contact the Elman Law Group at (773) 392-8182 to discuss the situation and to see if filing an injury lawsuit is warranted.  This no-obligation legal consultation is free and confidential.   

Elman Law Group’s Lead Attorney, Tony Elman, is a personal injury trial lawyer.  Over the last 20+ years Elman Law Group has handled over 10,000 Illinois personal injury lawsuits.

During this 20+ year period, Elman Law Group has built a reputation for its courtroom trial performance, including getting large verdicts for smaller cases.

To speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  This legal consultation is free and confidential.   Elman Law Group works on a “contingency” basis…Elman Law Group’s clients never pay a fee unless and until they receive monetary compensation. 

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

Cook County Lawsuit Alleges Nursing Home Negligence And Sexual Assault

A form of nursing home abuse are acts involving sexual assaults and sexual abuse.  Like sex crimes that happen more broadly within society, sex crimes that happen at nursing homes (as well as similar health care facilities such as assisted living facilities, retirement homes, hospices, etc.), are likely (largely) underreported.

The assailants in these sex crimes are either nursing home staff or another nursing home resident.  The Chicago Nursing Home Sexual Abuse And Sexual Assault page further discusses this issue and various aspects of these sexual incidents, including signs that might indicate such sexual abuse and assaults are happening.

A recent lawsuit filed in the Circuit Court Of Cook County alleges negligence as well as sexual assault of an Illinois nursing home resident by another resident.  The lawsuit was filed against against Emeritus Corp., doing business as Brookdale Senior Living Inc.  It was formerly known as Emeritus Senior Living.

The case is summarized in the September 24, 2015 Cook County Record article titled “Brookdale Senior Living sued over alleged negligence, sexual assault.”

Of note, the lawsuit also names the formation of a Stage 3 heel ulcer.

An excerpt from the article:

The complaint states that Brookdale was negligent in failing to initiate and sustain measures to prevent skin breakdown and pressure ulcers, failed to appropriately monitor her condition, failing to provide a safe environment, failed to prevent infection and dehydration, and failed to prevent sexual assault.

Additional details and possible updates can be seen in the Cook County Record article mentioned above.

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Should someone you care for experience Illinois nursing home abuse or neglect or a nursing home accident – or suffer an injury at a similar health care facility such as an assisted living facility, retirement home, skilled nursing facility (SNF) or hospital – please contact the Elman Law Group at (773) 392-8182 to discuss the situation and to see if filing an injury lawsuit is warranted.  This no-obligation legal consultation is free and confidential.   

Elman Law Group’s Lead Attorney, Tony Elman, is a personal injury trial lawyer.  Over the last 20+ years Elman Law Group has handled over 10,000 Illinois personal injury lawsuits.

During this 20+ year period, Elman Law Group has built a reputation for its courtroom trial performance, including getting large verdicts for smaller cases.

To speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  This legal consultation is free and confidential.   Elman Law Group works on a “contingency” basis…Elman Law Group’s clients never pay a fee unless and until they receive monetary compensation. 

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

Lawsuits Allege Physical Violence Against Illinois Nursing Home Residents

One potential cause of harm to nursing home residents is physical violence.  These physical attacks can come from other nursing home residents as well as from staff at the nursing home.  Of course, such attacks can happen at other health care facilities such as assisted living facilities, retirement homes, hospices and hospitals.

Two recent lawsuits allege that two separate nursing home residents were attacked at Illinois nursing homes.

Both of these lawsuits and their allegations are described in recent Cook County Record articles.

The first article is from the Cook County Record of July 9, 2015, and is titled “Estate alleges slapping attack at nursing home” and it summarizes a lawsuit filed in the Circuit Court of Cook County.  This lawsuit alleges that someone came into the room of the nursing home resident, Catherine Kelly, at night, and repeatedly slapped her face.  The lawsuit alleges that because of this assault, Catherine Kelly suffered a variety of injuries as described in the article.

The second article is from the Cook County Record of July 15, 2015, and is titled “Patient alleges attack at nursing home.”  This article summarizes an alleged physical attack of one nursing home resident by another resident, as well as the lawsuit filed over the incident.  This lawsuit was also filed in the Circuit Court of Cook County.  The alleged attack happened at Atrium Health Care Center in Chicago, and the lawsuit was filed by Carol Elkins.  An excerpt from the article:

According to the complaint, on July 10, 2013, Elkins was a resident of Atrium when she was “struck, bit, punched and hit” by another resident. The suit says Elkins sustained injuries, pain and suffering, loss of a normal life, disfigurement, disability and medical expenses.

Additional details regarding these alleged physical attacks of Illinois nursing home residents can be seen in a variety of media sources, including the two Cook County Record articles mentioned above.

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Should someone you care for experience Illinois nursing home abuse or neglect or a nursing home accident – or suffer an injury at a similar health care facility such as an assisted living facility, retirement home, skilled nursing facility (SNF) or hospital – please contact the Elman Law Group at (773) 392-8182 to discuss the situation and to see if filing an injury lawsuit is warranted.  This no-obligation legal consultation is free and confidential.   

Elman Law Group’s Lead Attorney, Tony Elman, is a personal injury trial lawyer.  Over the last 20+ years Elman Law Group has handled over 10,000 Illinois personal injury lawsuits.

During this 20+ year period, Elman Law Group has built a reputation for its courtroom trial performance, including getting large verdicts for smaller cases.

To speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  This legal consultation is free and confidential.   Elman Law Group works on a “contingency” basis…Elman Law Group’s clients never pay a fee unless and until they receive monetary compensation. 

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.

Lawsuit Claims Chicago Area Nursing Home Sexual Assault

A lawsuit has been filed after doctors found a condom inside the stomach of a patient of an Illinois rehabilitation center.

The lawsuit was filed in Cook County Circuit Court on behalf of L.C. Scott, by Trixie Scott.

According to the lawsuit, in June 2012, L.C. Scott was a resident at Westchester Health And Rehabilitation Center, when he was taken to Adventist LaGrange Memorial Hospital because of suspected gastrointestinal bleeding and low hemoglobin levels.

An excerpt from the June 5, 2014 Chicago Sun-Times Voices article titled “Suit:  Condom found in nursing home resident’s stomach” :

When Scott underwent a procedure that examined parts of his digestive tract, a doctor found a condom inside his stomach, the suit said.

“Unfortunately, it look liked it was a condom and it was about 6 to 7 inches long with hardened material inside,” according to a doctor’s description of the procedure in a report, cited by the suit.

The lawsuit claims that the condom indicates that L.C. Scott was likely sexually abused.

This nursing home abuse lawsuit was filed against both the nursing home and the hospital, at which Scott had stayed 14 times in roughly a two year period.  The lawsuit claims negligence on the part of the nursing home and hospital, and they failed to implement proper security measures and failed to protect the patient from sexual abuse.

Additional details regarding this Chicago area nursing home sexual assault lawsuit can be found at the Chicago Sun-Times Voices article mentioned above, as well as the June 5 CBS Chicago article titled “Condom Found In Nursing Home Patient’s Stomach, Suit Claims.”

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Should you or someone you care for experience 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.

$3.3 Million Jury Verdict In Nursing Home Negligence Lawsuit

There has been a jury verdict award concerning alleged nursing home negligence in the case of a Colorado nursing home resident.

The resident who suffered the alleged negligence was James Sharon, 82.  Last week, a jury verdict awarded $3.3 million, comprised of $300,000 because of negligence and $3,000,000 for punitive damages.

A couple of excerpts from the May 28, 2014 kktv.com article titled “Pueblo Nursing Home Found Guilty Of Negligence, Pays $3.3 Million” :

Belmont Lodge Health Care Center in Pueblo will have to pay millions of dollars to a Southern Colorado man and his family after a jury found the nursing home was negligent in his care.

James Sharon, 82, has lived at the nursing home since 2011. His sister, Alice Franz, says he suffers from mild mental retardation and dementia. Franz says since he was admitted to Belmont Lodge Health Care Center, he developed more health problems.

also:

According to the original complaint filed in 2013, it says her brother suffered from bed sores, dehydration, malnutrition, UTIs, skin tears and abrasions, hyperkalemia (high potassium), multiple infections including E. coli and significant weight loss. After nothing was done to help her brother, Franz was fed up and decided to bring these issues to court.

Additional details regarding this nursing home negligence lawsuit and the alleged underlying conditions can be found in a variety of media sources including the kktv.com article mentioned above.

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Should you or someone you care for experience 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.