Cook County Personal Injury Lawyer - Nursing Home & Elder Abuse

Nursing Homes & Felons: A Dangerous Mix

Kristina Labanauskas — Mon, 09 Nov 2009 16:33:00 GMT

Mentally ill criminals and others on society's fringes housed in nursing homes pose a threat to other residents, especially if they are not carefully assessed, treated and monitored.

In January, 21-year-old Christopher Shelton allegedly raped a 69-year-old woman in her own room. Both were residents at Maplewood Care in Elgin, one of 13 nursing facilities in which Bryan Barrish and Michael Giannini, longtime nursing home executives, have either an ownership stake or consulting role.

Those facilities hold just over 2 percent of the state's nursing home population, the most recent state records show, but they include nearly 10 percent of Illinois' mentally ill nursing home patients and, as of June, almost 6 percent of the 3,000 felons living in the state's nursing facilities.

Shelton was diagnosed with bipolar disorder and had been shuttled between jail cells, psychiatric wards and shelters until nursing facilities became home. After being paroled from prison for a 2004 aggravated battery conviction, Shelton continued down a destructive path. He was arrested at least half-dozen times more, and in 2008 he was arrested three more times on alleged offenses including punching a man in the face at a West Chicago nursing home in which he was living. In November of last year, he requested to be readmitted to Maplewood Care in Elgin, where he had lived earlier in 2008 until he was removed and jailed on prior battery charges.

According to a state health department investigation, Maplewood did not adequately check Shelton's criminal background. However, Barrish and Giannini said the facilities assign professionals to thoroughly assess the risks that younger mentally ill criminals may pose to other residents and don't admit anyone considered a danger to others.

In late June, Maplewood Care held 15 felons among its roughly 200 residents.

About half the population was younger than 65, and more than 40 percent had a primary diagnosis of mental illness, according to the most recent figures on the state public health department's Web site.

Shelton now awaits trial on charges of aggravated criminal sexual assault. The woman no longer lives at Maplewood.

Originally posted at InjuryBoard by Kristina Labanauskas

Mentally Ill Patients Pose Danger to Elderly Nursing Home Residents

Kristina Labanauskas — Tue, 24 Mar 2009 17:40:05 GMT

There has been a significant increase in the number of mentally ill patients residing in nursing homes. And, mixing frail elderly with younger and stronger mentally ill patients in nursing homes has resulted in violence throughout the country.

Nearly 125,000 young and middle-aged adults with serious mental illness lived in U.S. nursing homes last year. That was a 41 percent increase from 2002, when nursing homes housed nearly 89,000 mentally ill people ages 22 to 64. Younger mentally ill people now make up more than 9 percent of the nation's nearly 1.4 million nursing home residents, up from 6 percent in 2002.

This increase is in large part a result of the closing of state mental institutions, the shortage of hospital psychiatric beds, and the surplus in nursing home beds, as today’s elderly are more likely to stay in their homes as they are healthier than previous generations.

States are responsible for screening mentally ill patients, as federal law prohibits nursing homes from admitting a mentally ill individual unless the state has found that person needs the nursing home’s high level of care.

Although federal law guarantees residents the right to be free from physical abuse, a number of tragic cases have occurred in nursing homes.

If you or someone you know has been the victim of abuse, contact a professional to discuss whether legal action should be pursued.

Originally posted at InjuryBoard by Kristina Labanauskas

Local Nursing Homes Fall Short in Government Ratings

Kristina Labanauskas — Tue, 10 Feb 2009 14:19:00 GMT

The Centers for Medicare & Medicaid Services (CMS) created a Five-Star Quality Rating System to help consumers, families and caregivers to compare nursing homes with greater ease. Nursing homes receive an overall rating between 1 and 5 stars a separate rating in the areas of health inspections, staffing, and quality measures.

About a quarter of U.S. nursing homes, including 81 in the six-county Chicago area, received one star.

Although these one-star nursing homes meet minimum standards, they are considered “much below average,” according to the CMS rating system.

A recent Chicago Tribune article featured disturbing details of the inspection of a local “one-star” nursing home.

The Berwyn Rehabilitation Center (formerly the Pinnacle Health Care of Berwyn) is one of the area’s worst nursing homes. A surprise inspection in March 2008 resulted in 29 violations and revealed unsettling conditions, including the lobby smelling of urine, residents lying in their own waste and many had bed sores, and staff improperly using side railings.

Just last month, state inspectors returned for the nursing home’s annual review, a surprise 3-day visit, which results should be released soon.

A more complete list of local nursing homes and ratings can be found at: http://www.chicagotribune.com/features/lifestyle/health/chi-nursinghome-flash,0,2342610.htmlpage.

Originally posted at InjuryBoard by Kristina Labanauskas

Attention New Nursing Home Residents: Put Down That Pen

Kristina Labanauskas — Sat, 19 Jul 2008 17:47:00 GMT

When you enter a nursing home, you expect that you are in good hands and will be afforded the best possible health care. Unfortunately, this is not always the case. Disputes arise due to nursing home negligence, which can result in injuries, falls, painful bedsores, infections, and even death.

How you would want to proceed with a lawsuit in the event of a dispute is likely to be the furthest thing from your mind when you enter a nursing home, but today many nursing homes are requiring residents to make the critical decision of where and how a lawsuit will proceed in the event of a dispute upon the resident’s entry into the home. This is being done through binding arbitration agreements.

By signing a binding arbitration agreement, you lose significant rights. Essentially, you waive your right to sue the nursing home in court and to have your case heard by a jury. Instead, if a dispute arises, your case will go through an arbitration process. And, although arbitration might be faster and more cost effective, arbitrators are less likely to award the sort of punitive damages that a jury might award.

These binding arbitration agreements have become increasingly common among nursing homes. This is likely a result of: (1) lawsuits that drove nursing homes out of some states in the late 1990s and early 2000s; and (2) the belief by those in the industry that jury trials put nursing homes at a legal disadvantage. A Senate panel is currently investigating the increased use of binding arbitration.

Lawmakers and advocacy groups are concerned about the timing of making such a decision, as entry to a nursing home is most likely not the best time to decide where and how a dispute will be resolved. Even more troubling is the fact that many nursing home residents do not have the capacity to make minor, let alone significant, decisions.

Federal lawmakers have filed bills to make the arbitration agreements unenforceable, and such groups as AARP and the Alzheimer’s Association support the legislation. They argue the better option is to make a decision after a dispute occurs rather than upon entering the home.

Nursing homes, however, maintani that arbitration is voluntarily agreed to, not a condition for admission, and is quicker and fairer than court.

In Illinois, these agreements are illegal and unenforceable. The Illinois Nursing Home Act provides that the right to bring a claim and the right to a jury trial cannot be waived. But not all states provide that same protection.

So, while waiting on the outcome of the proposed legislation, do your part by reading carefully everything you sign and, as difficult as it may be, contemplating how you would want to proceed with a lawsuit in the event something goes wrong. If you have any questions, do not sign the binding arbitration agreement. Hopefully you will be afforded the care you expect and deserve, and you will not need to proceed with a lawsuit. If a dispute arises, however, you will be in a stronger legal position if you keep your options open by not signing a binding arbitration clause upon entry. By not limiting your dispute resolution options, you will be a better position to evaluate the potential consequences of arbitration vs. court after consultation with a licensed attorney.

Originally posted at InjuryBoard by Kristina Labanauskas

Project results on 75% reduction in bed sores

Barry Doyle — Wed, 25 Jul 2007 08:00:00 GMT

Researchers in New Jersey recently announced the results of a project which was intended to reduce the development of bed sores in patients in health care institutions.

Bed sores are technically known as pressure ulcers and are caused by unrelieved pressure on the skin, usually on bony prominences. The unrelieved pressure results in tissue death, which causes pain for the patient and tremendous complications in their care.

The strategy behind the project was to simply aggressively implement known methods of preventing pressure sores. These include doing things such as regularly repositioning the patient, using pressure relieving devices, and ensuring that the patient has adequate nutrition and hydration.

The study's planners had hoped to achieve a 25% reduction in the number of bed sores, but instead achieved a 70% reduction in the number of bed sores.

This proves that the known strategies work, and simple implementation of those strategies can result in the prevention of these very painful injuries.

Originally posted at InjuryBoard by Barry Doyle

Inadequate staff levels tied to falls

Barry Doyle — Mon, 23 Jul 2007 09:00:00 GMT

A Rhode Island nursing home has been ordered to increase staffing levels in order to prevent residents from falling. A survey of the home resulted in immediate jeopardy findings by public health officials after they found several residents had fallen multiple times because of inadequate supervision due to low staff levels.

At least three residents were injured as a result of falling, including one who suffered a fractured hip.

Proper staffing levels are an important key to assuring the health and safety of residents in nursing homes. Where there is inadequate staffing, each member of the nursing staff is simply spread too thin to meet all of the care needs of the residents.

One thing that prompts many families to admit a loved one to a nursing home is falls and concerns about safety. Once there,a resident must be assessed for fall risk and a plan must be put into place and implemented to prevent falls. However, if there is not enough staff to carry out the care plan, even the best fall prevention plan is useless.

Federal regulations require that nursing homes be able to meet the care needs of its residents on a 24/7 basis. If there are not enough people to do so, then the only acceptable solution is to add additional staff, even if that comes at the expense of profits.

Originally posted at InjuryBoard by Barry Doyle

Arizona assisted living facilities shuttered

Barry Doyle — Mon, 11 Jun 2007 09:00:00 GMT

Four Arizona assisted living facilties were recently closed by state authorities after inpsections revealed filthy conditions and care deficiencies.

In one instance, one resident was found to have 22 decubitus ulcers, some of which were bone-deep.

Many consumers are unaware of the differences between assisted living facilities and nursing homes. Assisted living facilities are intended to provide a safe environment and low-level care, while nursing homes are intended to provide a more structured environment and higher levels of care. Some families, when faced with the high cost of nursing home care, opt for assisted living, not fully cognizant of the differences in the care provided at the two kinds of facilities.

One of the things that assisted living facilities must do on an ongoing basis is evaluate the resident to ensure that they can meet the care needs of the resident, and if they cannot, advise family members that nursing home care is probably needed. A resident which has such limited mobility that he develops bed sores of the severity and number that this resident had was an inappropriate candidate for assisted living and should have been transferred to a higher care level facility long before the decubtus ulcer got to be bone-deep.

Originally posted at InjuryBoard by Barry Doyle

Abuse alleged in Wisconsin nursing home

Barry Doyle — Sat, 09 Jun 2007 11:46:01 GMT

A West Allis, Wisconsin nursing home is under investigation after a family made complaints about several unexplained injuries that their grandmother suffered while a resident at the facility. The lack of explanation for the injuries has led the family to believe that she was abused by the staff, even though an internal investigation revealed no wrongdoing.

The unexplained injuries include multiple bruises and a fractured jaw.

Unexplained injuries are one of the hallmarks of abuse by members of nursing home staff. When residents enter a nursing home, there is a reasonable expectation on the part of the family that their loved will be kept safe.

Once they have been admitted and an accidental injury occurs, it is incumbent on the staff to come up with an explanation for any otherwise unexplained injury because the occurrence of one type of accident can be a precursor for later similar accidents, and the staff must be in a position to prevent further accidntal injury. When the injury is legitimately the result of an accident, the staff should be able to provide an explanation for what has occurred.

Where there is no explanation, there is a reasonable inference that the injury was a result of abuse, not simple neglect.

Originally posted at InjuryBoard by Barry Doyle

CNA sentenced in rape of nursing home resident

Barry Doyle — Wed, 30 May 2007 17:14:46 GMT

A DuPage County judge today sentenced a former nursing home CNA to 25 years in prison. The sentence follows a guilty plea to sexual assault charges.

The victim of the assault was a severely disabled woman who resided in the nursing home. The sexual assult was not discovered until after it was discovered that the woman was pregnant. The CNA was identified as the perpetrator through DNA evidence.

The family of the victim is pressing ahead with a civil suit, and under the Illinois Nursing Home Care Act, they have some advantages in pursuing their case that similarly situated victims in other states would not have.

In cases involving intentional misconduct on the part of their employees, employers often defend the case by saying that the criminal conduct was outside the scope of their employment and that they are therefore not responsible for the criminal behavior of their employees. From an employer's perspective it may make sense -- they did not put the guy on their payroll to perpetrate crimes. Unfortunately, this is sometimes a successful defense, leaving the victims only the jailed and usually penniless perpetrator as their sole source of compensation.

The Illinois Nursing Home Care Act strips that defense away from nursing homes. Under the Illinois Nursing Home Care Act, the nursing home is responsible for even the intentional misconduct of their employees. Because this scope of employment defense has been eliminated, victims of abuse and their families have an easier road to recovering fair compensation for intentional and abusive behavior by staff members.

Originally posted at InjuryBoard by Barry Doyle

Wilmington nursing home cited by IDPH

Barry Doyle — Mon, 28 May 2007 10:46:40 GMT

The Embassy Care Center in Wilmington recently received a citation from the Illinois Department of Public Health after a number of residents there were injured in falls.

The care of five residents in all were the subject of the citation, including two who suffered a fractured hip as a result of falling.

Falls and fall prevention are a major concern in the nursing home setting. Indeed, concerns about falls at home often prompt the admission of a loved to a nursing home. Family members who that a more structured environment and closer supervision will keep their loved ones from being injured in a fall.

For residents who are at risk of falling, there must be a fall prevention plan in place that is implemented on a 24/7 basis. Falls are a special concern when caring for geriatric patients because when a resident suffers a fractured hip, the literature clearly establishes that there is a higher rate of mortality for those residents following a hip fracture.

When a facility has a series of serious falls like this, a close look needs to be taken at their fall prevention program and its implementation.

Originally posted at InjuryBoard by Barry Doyle