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.

Nursing Home Seized By Regulators

The recent placing into receivership of a nursing home by the Minnesota Department of Health (MDH) highlights various types of neglect and violations that can occur in nursing homes both nationally as well as Chicago area nursing homes.

The action taken by the MDH is summarized in its press release of June 3, 2014, titled “MDH assumes control of Minneapolis nursing home to protect residents.”

A couple of excerpts from this release:

MDH used its emergency powers to assume control of the nursing home due to serious violations putting its residents at risk and an unacceptably high number of regulatory violations at the facility. MDH took action after management failed to correct numerous serious problems. In March 2014, MDH cited the nursing home for 47 violations. A follow-up inspection in May found 33 violations. Several violations were of a serious nature that posed a significant risk for residents. There are also concerns about the financial stability of the facility.

also:

The 87-bed facility has been operated by Videll Healthcare Camden, L.L.C., as licensee, under a lease agreement with Irvine, California- based SABRA Health Care REIT, which purchased the facility in 2012. The facility has a mix of residents including those receiving senior care, dementia care, mental health care, and chemical dependency treatment. The management of the facility failed to maintain a basic level of safety and security, as demonstrated by the finding that two residents accessed drugs or alcohol while at the facility. Both of these residents required medical treatment and hospitalization in May, and one of them required intubation due to acute alcohol intoxication. There were also violations related to a wide range of legal requirements designed to ensure safe health care. After finding these violations in May, and until the receivership was ordered, the department increased monitoring and oversight to protect patients.

The startribune.com article of June 3, 2014, titled “Citing ‘dire problems,’ state seizes control of Mpls. nursing home” also discussing this nursing home regulatory action and the underlying conditions faced by the nursing home’s residents, including various forms of alleged nursing home neglect and other similar forms of nursing home operational shortcomings.

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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.

Variations In Patient Care At Hospitals

Many of the differences in the quality of patient care – as well as potential abuses and negligence – that can be encountered in nursing homes can be encountered in hospitals as well.

Today (June 3, 2014) the Wall Street Journal published an article titled “VA Hospitals Vary Widely In Patient Care.”  The article discusses a variety of issues, mostly pertaining to the difference in care and certain metrics regarding care at Veterans Affairs (VA) hospitals.

A couple of excerpts:

The rate of potentially lethal bloodstream infections from central-intravenous lines was more than 11 times as high among patients at the Phoenix facility than it was at top VA hospitals, data from the year ended March 31, 2014, show.

Those infections, called sepsis, can quickly cause multiple organ failure and kill an otherwise relatively healthy patient within days or even hours. The data don’t show what percentage of patients died as a result.

also:

Variations in the quality of health care exist outside the VA system as well, though it is difficult to measure because relatively small numbers of hospital groups report a range of medical outcomes. But some experts in medical-quality measurement say the VA discrepancies stand out.

The article also discusses other issues, such as variations in the “30-day death rate” among VA hospitals.

Additional details and statistics can be found in the Wall Street Journal 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.

Conditions Within A Chicago-Area 1-Star Nursing Home

As explained on the page titled “Chicago Metropolitan Area Nursing Homes,” there is a rating system, on a 1 to 5 star scale, of nursing homes done by the Federal Centers for Medicare & Medicaid Services.  In this scale, 5 stars denotes the highest rating, whereas 1 star denotes the lowest rating.

The Chicago Tribune published an article in 2009 describing various conditions within a “1-star” nursing home.  That article is titled “Misery:  Inside a 1-star nursing home.”

A couple of excerpts include:

The federal government is now rating nursing facilities on a 1 to 5 star system. Although conditions at one-star homes are startling, what is perhaps more alarming is their prevalence: About a quarter of U.S. nursing homes, including 81 in the six-county Chicago area, received one star.

also:

The lobby smelled of urine. In one room, they found a 97-year-old woman, lying in her own waste. She had severe bruises on her arm, foot and both legs that the staff could not immediately explain. Another resident had a bed sore larger than a golf ball and dripping blood.

This article also discussed various other conditions within the nursing home at that time, including nursing home violations; improper use of bed side railings; various unsanitary conditions; and various poor / negligent operating conditions.

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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.

Bed Sores – Statistics And Discussion

There are a variety of sources that discuss bed sores (also called bedsores, pressure sores, pressure ulcers, and decubitus ulcers).  Bed sores are a major health concern both for the direct and indirect (through complications) health care danger they can potentially cause.

The post of May 23, 2014 (“Bedsores Causes And Frequency“) discussed various aspects of bed sores, including the causes of bed sores as well as how often they occur.

An older data brief from the CDC (Centers for Disease Control and Prevention) also contains valuable information concerning bed sores, including a variety of statistics and commentary.  This information is seen in the NCHS February 2009 Data Brief, titled “Pressure Ulcers Among Nursing Home Residents:  United States, 2004.”

This data brief says that in 2004, 11% of nursing home residents had pressure ulcers (bed sores), and it says that “Stage 2” pressure ulcers were the most commonly occurring.

Perhaps the most worrisome part of this data brief was seen in a paragraph discussing the treatment and quality of treatment of bedsores.  An excerpt, as seen in the data brief: (bold added for emphasis)

Overall, 11% of nursing home residents had pressure ulcers in 2004. Various demographic and clinical factors were related to having a pressure ulcer in a nursing home. Residents in a nursing home for a year or less since admission, who had a recent weight loss, or who had high immobility had the highest prevalence of pressure ulcers. Among residents with a pressure ulcer of stage 2 or higher, 35% received special wound care services. This suggests that a minority of nursing home residents with stage 2 or higher pressure ulcers received wound care in accordance with the clinical practice guidelines. Pressure ulcers are serious and common medical conditions in U.S. nursing homes, and remain an important public health problem. Information from this Data Brief on pressure ulcer prevalence and service use among nursing home residents with pressure ulcers may provide a foundation for targeting public health efforts.

This NCHS Data Brief also contains various other commentary, including statistics concerning bed sores as well as other information that may be valuable in predicting who is most likely to get bed sores.

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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.

High Rate Of Harm In Skilled Nursing Facilities (SNFs)

One of the critical issues regarding nursing home abuse (as well as abuse or neglect in other health care facilities such as hospitals or assisted living facilities) is the rate and number of incidents in which this abuse occurs.

A recent study offers various worrisome statistics regarding the number of incidents that may be occurring in such health care facilities.  As the report points out in the executive summary, although there has been “substantial” attention paid to patient safety in hospitals, less is known about patient safety in skilled nursing facilities (SNFs).

The study is the February 2014 The Department of Health and Human Services report titled “Adverse Events In Skilled Nursing Facilities:  National Incidents Among Medicare Beneficiaries.” (pdf)

The report focuses on resident care in skilled nursing facilities (SNFs).  On page 2 it discusses SNFs and SNFs in relation to nursing homes:

The Social Security Act (SSA) §1819(a) defines a “SNF” as a facility engaged primarily in providing skilled nursing care and rehabilitation services for residents who require such care because of injury, disability, or illness. Although the term “SNF” refers to a provider that meets the Medicare Part A coverage requirements described above, 90 percent of SNFs are dually certified as both SNFs and nursing homes (i.e., long-term care providers).13

An excerpt from the report, indicating the study’s scope:

This study estimates the national incidence rate, preventability, and cost of adverse events in SNFs by using a two-stage medical record review to identify events for a sample of 653 Medicare beneficiaries discharged from hospitals to SNFs for post-acute care. Sample beneficiaries had SNF stays of 35 days or less.

The report uses the term “adverse events,” which it defines on page 2:

The term “adverse event” describes harm to a patient or resident as a result of medical care.10 An adverse event indicates harm to the patient as a result of medical care, including the failure to provide needed care. Adverse events include medical errors but they may also include more general substandard care that results in patient or resident harm, such as infections caused by the use of contaminated equipment. However, adverse events do not always involve errors, negligence, or poor quality of care and are not always preventable.11,12

As to a summary of the reports findings, which are found in the executive summary:

An estimated 22 percent of Medicare beneficiaries experienced adverse events during their SNF stays. An additional 11 percent of Medicare beneficiaries experienced temporary harm events during their SNF stays. Physician reviewers determined that 59 percent of these adverse events and temporary harm events were clearly or likely preventable. They attributed much of the preventable harm to substandard treatment, inadequate resident monitoring, and failure or delay of necessary care.

The report also contains a variety of other statistics as well as the methodologies employed.  Recommendations are also given regarding how SNFs can significantly reduce the incidence “of resident harm events.”

This report – as well as other statistics and numerous stories – should serve to indicate how prevalent accidents, injuries, and other forms of harm happen in SNFs and nursing homes.  As well, it is highly notable how many of these adverse events that lead to harm and injuries of nursing home residents are preventable in nature.

Those who have relatives or other loved ones staying in Illinois nursing homes or SNFs – as well as other health care facilities such as assisted living facilities, hospices, or hospitals – should be aware of the existence and frequency of these nursing home abuses and nursing home accidents.  As well, spotting signs of such incidents and acting upon them is imperative.

Should you or someone you care for happen to experience nursing home abuse or neglect – or an accident in a nursing home – 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.

 

Detecting Nursing Home Abuse

Recently the Michigan Attorney General, Bill Schuette, has published a document titled “Protecting Residents From Abuse & Neglect In Health Care Facilities.”(pdf)  This document, dated May 2014, discusses various aspects of how to recognize and protect residents of health care facilities (nursing homes and other care facilities) from nursing home abuse and neglect.

In this document, various topics and resources are discussed, including:

  • “Recognizing Patient Abuse & Neglect”  – including physical abuse, sexual abuse, verbal abuse, financial abuse, and neglect (each topic with various suggestions)
  • “Stopping Patient Abuse & Neglect” – 8 suggestions

While this document is geared toward potential Michigan nursing home abuse and neglect, the suggestions regarding recognizing nursing home patient abuse and neglect – as well as how to stop it – are directly relevant to nursing homes in other states, including Illinois nursing homes as well as Illinois assisted living facilities and other similar facilities such as hospitals and hospices.

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Should you or someone you care for happen to experience nursing home abuse or neglect – or an accident in a nursing home – 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.

Sexual Abuse At Skilled Nursing Facility

One form of nursing home abuse is that of sexual abuse.  Sexual abuse in nursing homes (or assisted living facilities, hospitals, etc.) has occurred either by other patients or by nursing home staff.

Sexual abuse by nursing home staff is alleged to have recently happened in a California nursing home.

In this alleged incident, an employee at the Auburn Oaks Care Center – a skilled nursing facility – is alleged to have exposed himself to two nursing home residents, kissed them against their will, and “sexually touched” them.

The employee, Marlo Santos Quinton, 57, of Auburn, a nursing assistant, was arrested on May 20, and is accused of elder abuse and indecent exposure.

Quinton had worked at the Auburn Oaks Care Center for 12 years.

The Placer County Sheriff’s Office began an investigation after the women reported the alleged incidents.

Additional information and possible updates – including a statement from the Auburn Oaks Care Center – can be found in a variety of media sources, including the May 23 news10.net article titled “Care home employee accused of kissing residents against their will” as well as the May 23 fox40.com article titled “Auburn Care Home Worker Accused Of Sexual Abuse.”

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Should you or someone you care for happen to experience nursing home abuse or neglect – or an accident in a nursing home – 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.

Bedsores Causes And Frequency

The Chicago Tribune published an article on May 14, 2014, titled “Left untreated, bedsores can be lethal.”  The article discusses various aspects of bedsores (also called “pressure ulcers”as well as decubitus ulcers) including the causes of bedsores, the frequency of bedsores, and tips for bedsore prevention.

A couple of excerpts from the article include:

Pressure ulcers, commonly called bedsores, are a big problem in the United States. More than 2.5 million Americans develop pressure ulcers every year, with about 60,000 people dying each year from pressure ulcer complications.

also:

Pressure ulcers can develop in as little as three hours as a result of sitting or lying too long in the same position, she said. Those who are bedridden are most at risk, including those in hospitals and long-term care facilities like nursing homes. The problem can occur in the home, as well.

also:

The Journal of the American Geriatric Society estimates that an average 4-to-5 percent of patients develop pressure ulcers during a hospital stay, and the number is higher in long-term care facilities: 23 percent.

The article also lists 12 steps to take to prevent and treat bedsores.

Additional details regarding bedsores can be found in various sources, including Chicago Tribune article mentioned above, as well as the ElmanLawGroup site ChicagoBedsoresLaw.com.

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Should you or someone you care for happen to experience nursing home abuse or neglect – or an accident in a nursing home – 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.