Illinois Injury Law Blog

As you make plans to visit your elderly loved ones residing in a nursing home this holiday season, pay close attention to how they are being cared for. State budget cuts and medical or staff lay-offs at nursing homes have been leading to more and more cases of abuse or neglect at long-term care facilities in Chicago, and throughout Illinois.

The Nursing Home Monitor frequently reports of neglect and abuse occurring in homes throughout Illinois. Some examples of the content of recent articles posted on the website include:

-A nursing home in Jacksonville has recently been fined $2,000 by the Illinois Department of Public Health for failing to supervise a patient while she was choking. The incident resulted in the resident choking to death from food.

-A nursing home in Madison County has recently been sued by family members of a deceased resident for allegedly failing to provide proper care while the patient suffered from severe bed sores and developed a bone infection while in their care.

-A nurse from a Maryville nursing home has been charged for withholding medications for an estimated 45 days that were prescribed to an 83-year-old resident.

-A Rockford Nursing & Rehabilitation Center was cited by state officials for several deficiencies that included preventable accidents, catheter care, abuse and quality of care. The home is expected to be shut down.

-A 22-year-old nurse's assistant has been charged with aggravated criminal sexual assault at a Crystal Lake nursing home after abusing a 93-year-old resident.

Cook County nursing home abuse and neglect attorneys can't stress enough the importance of making routine visits to the nursing home where your parent or grandparent lives. We expect that these facilities are giving our loved ones the best possible care, but the truth is without ever monitoring the situation we never really know for sure. Mistreatment of patients is occurring more frequently so it is up to family members to keep elderly loved ones safe.

Some of the obvious signs of abuse and neglect to watch for include:
-Unexplained bruises, cuts, infected wounds or broken bones.
-Residents show signs of emotional distress. They have a fear of communicating when directly asked how they are feeling.
-Residents appear dirty. Examples include oily hair, soiled clothes or exuding a foul odor.
-Noticeable weight loss.
-Notice a more cantankerous mood when they generally show a happy personality.

Long-term care facilities are regulated, licensed, certified and inspected at state and federal levels by public and private agencies. Family members are encouraged to check quarterly reports of nursing home violations by visiting the Illinois Department of Public Health's Nursing Homes in Illinois website.

Staying informed of violations or insufficient conduct can help raise a red flag to notice something on your own as you visit your loved one this holiday season. Elders may not be able to stand up and fight for their rights alone so it is up to family members to ensure their safety and well-being during the autumn of their lives.

Continue reading "Holiday Visits to Chicago Nursing Homes Can Help Detect Signs of Elder Abuse and Neglect" »

Many Illinois nursing homes cater to older adults with physical and mental disabilities, but is it the right move for our loved one -- who is somewhat independent and doesn't need 24-hour care, but at the same time can't be left alone at home anymore?

Illinois personal injury attorneys understand how difficult it is for families to put a loved one in a long-term care facility but we can't emphasize enough how important it is to do your research beforehand.

Cases of abuse and neglect in Chicago nursing homes occur more frequently because big business theories to make big bucks have taken a front seat approach over providing quality medical care to residents who need it. Even if your elderly loved one is self-reliant and relatively independent they could still be at risk of neglect or abuse in a long term care facility in Illinois.

The Chicago Tribune reports that a recent settlement proposal for a class-action lawsuit could help get independent elders in need of long-term care out of institutions that house disabled patients who need 24-hour attention. The settlement would require agencies to offer funded apartments to nursing home residents who can function on their own without negatively affecting Illinois taxpayers. When finalized, 1,100 nursing home residents would roll out the program for a trial 30 month period which would then eventually be offered to 20,000 Medicaid recipients able to live in supportive housing and who currently live in Cook County nursing homes.

Not all Cook County nursing home residents are given quality care and medical attention as needed. Nursing homes have become profit-making institutions that are more concerned about making money than giving residents quality assistance. Many facilities collect each resident's disability check and provide the resident with only $30 spending money from a check that usually provides $700 monthly.

When an older adult can no longer take care of themselves and they are constantly put in compromising positions, it is time to look into long-term health care facility. If adult day care or home health care is no longer a viable option then you need to look into housing facilities for older adults. The Illinois Department of Public Health offers some suggestions to help make picking the right Illinois nursing home for your loved one a little bit easier.

First, make a long list of all the facilities in your area. The more choices that are available, the more you can distinguish which one will provide the best care. You may start with the yellow pages but contacting the local health department or Department of Human Services may serve as better resources as you get started.

Second, it isn't necessary to visit all the homes on your list but you should start eliminating some of them by making a phone call to each facility to determine if they provide the kind of care your loved one needs, if they have vacancies or if they accept Medicaid or Medicare patients. Once you narrow the list, start to make appointments with the facilities that make the final cut. If one is of particular interest, visit several times, particularly around meal times or different parts of the day.

Third, always meet with the nursing home administrator to ask questions and also to see proof that facility licenses or certificates are up to date. Ask to see the latest state inspection report that should be conducted annually. You should also interact with current residents or their family members to get a feel for the kind of care provided at the facility.

Fourth, review fire safety and accident prevention methods before you make your final pick. Knowing the procedure for evacuation or emergency situations can give you peace of mind that your loved one will be taken care of during times of crisis.

Nursing homes should never be chosen solely on convenience or you run the risk of putting your loved one in harm's way of abuse and neglect at the facility. Family members should always weigh all the options and make an informed decision that both you and your loved one feel good about before handing over the initial deposit.

Continue reading "Choosing the Right Illinois Nursing Home Can Reduce the Risk of Elder Abuse and Neglect in Chicago" »

Nursing homes are often visited during the Holidays. At a time when elderly loved ones are home bound, family members make the extra effort to visit during the holidays. One priority to note as you make your visit is that your elderly family member is being given the best care possible. Our Chicago nursing home neglect lawyers want to urge you to pay close attention as you roam the halls.

If you have concerns after visiting an area home this holiday, please discuss them with an attorney or speak to the authorities. Illinois nursing homes have come under heavy fire in recent years for instances of gross neglect and abuse.

Making the decision to put your loved one in a nursing home is hard enough but when you discover that there could be abuse going on it is heart wrenching. Sadly, nursing home neglect and abuse is more prevalent than what we think so it's important for you and your elderly loved one to know your rights. In 1987, the Nursing Home Reformed Act was established to protect the rights of nursing home residents. Essentially the act established that residents have the right to: be updated; decisive about personal healthcare; make choices regarding clothes, food, etc.; privacy; valued opinion; management of financial affairs; 30 day notice of being moved or let go; voice their opinion; and visitors.

In concern for your elderly you should look for signs of abuse or neglect because they probably will be afraid to talk about it openly. Things you should look for would be things like:

-Physical injuries like scratches, abrasions, or bed sores.

-Unchanged clothes like dirty underwear

-Odors in their bed or on their person.

-Increased weight loss

-Emotions such as moodiness, irritability, quietness, withdrawal

If a loved one seems distant or not quite themselves try to talk to them about it. It may just be the sadness of being alone during the holidays or the loss of a spouse or child causing them to be depressed. If there are evident signs of abuse or neglect, please seek professional help. Protecting your elder is of utmost importance so its important to take the right steps to assure that it happens.

Continue reading "Visiting your elderly can make a difference in Chicago nursing homes" »

The Chicago Tribune recently reported that a case of Chicago nursing home neglect and abuse has been allowed to worsen at a facility charged with the care of disabled children -- despite the knowledge of state regulators regarding the conditions.

A 4-year-old boy died in the facility when he had problems breathing and no one responded to the alarm. Less than a month later, nearly the same thing happened to a 4-year-old girl. State regulators found the alarms had not been properly set and had been turned so low they could not be heard.

Such lax care standards have repeatedly put fragile children at risk in the Aiden Village North facility. Our Chicago child injury lawyers were appalled by the report and encourage anyone with a loved one at the home, or with knowledge of its conditions, to contact a law firm experienced in dealing with nursing home neglect and abuse cases.

The Tribune found records dating back decades that detail the same problems. Even as the owners of the homes changed, the dangerous conditions persisted: Illnesses ignored, life-support alarms unanswered, and residents left without proper care. Instead of cracking down, regulators have allowed the problems to worsen.

Which brings us to a primary consideration when choosing a nursing home. Sure you can check a home's ratings. And you can review past inspections. But relying upon a bureaucratic system of the state or federal government's is no sure way to ensure the safety of a loved one. It is incumbent upon each one of us to police the system and do what is necessary to protect the most vulnerable among us when neglect or abuse is occurring unabated.

The Tribune reports the state's oversight is so week -- and relies upon self reporting -- that it cannot gauge the care being received by residents in 300 facilities for those with developmental disabilities.

In 2008 alone, five children died at Aiden within three months and yet thorough investigations were not conducted.

Continue reading "Disabled children subject to neglect at Chicago nursing home facility" »

Rockford's Alden Park Strathmoor Nursing Home is the latest elder-care facility that has been raided by the Illinois Attorney General's Office. The surprise inspection resulted in the arrest of two residents, Stateline reported.

Our Illinois nursing home negligence lawyers continue to field calls from people who are concerned about the conditions of a nursing home or elder care facility. Recently, state officials have targeted homes for inspections in search of felons or wanted criminals who are living amongst the elderly population.

“About seven months ago we started doing unannounced checks of across the state of Illinois to determine whether or not nursing homes were identifying offenders and whether or not those offenders living there had a safety plan in place,” says Attorney General Lisa Madigan. As hard as it is to believe, Illinois law permits dangerous felons to live in many of the state's nursing homes, so long as staff has a "safety plan" in place to limit the potential for problems.

The check in Rockford found four residents of the home with outstanding criminal warrants: A 51-year-old resident wanted for DUI in Cook County; a 44-year-old wanted for failure to appear in court and for stolen property in Will County; and two others who were wanted on warrants but were not taken into custody because of medical reasons.

A representative of the home said background checks are conducted but that they do not show the outstanding warrants. The home has about 200 residents.

Continue reading "Illinois nursing homes continue to be raided in search of wanted felons" »

Advocates for elder care and safety continue to await the governor's signature on a law aimed at reducing the risks of Chicago nursing home neglect.

"Nursing homes should provide safe, caring environments for residents and peace of mind for their family members," said Illinois Attorney General Lisa Madigan. "This new measure strengthens the law to enable prosecutors to crack down on negligent nursing home operators who fail to protect our most vulnerable adults."

The measure, which was passed by lawmakers in a unanimous 118-0 vote last month, makes criminal neglect in nursing homes a Class 4 felony. Nursing home employees or owners who put resident's health at risk can face charges. The penalty would increase to a Class 3 felony in cases where neglect causes a patient's death.

Media reports last year detailed a number of serious problems in Illinois nursing homes, including the practice of housing mentally ill felons in homes with elderly residents. In response, the governor convened the Illinois Nursing Home Task Force, which made a series of recommendations. Other improvements in the system include enhanced background checks and increased screening for residents.

A May 25th raid on a Jacksonville nursing home was the latest in a series of 11 raids on Illinois nursing homes conducted by the Attorney General's Office, according to the State Journal-Register.

Our Illinois nursing home abuse attorneys work with families who are concerned about the conditions of a nursing home or the treatment of elderly residents in nursing homes throughout the state. The Illinois Department of Public Health offers a number of resources for families dealing with the task of choosing a nursing home to care for an aging family member:

-How to Choose a Nursing Home

-Illinois Nursing Home Violation Reports

-Illinois Nursing Home Care Act

-Illinois Nursing Home Directory

Continue reading "New law aimed at reducing risk of Illinois nursing home abuse and negligence" »

May has been designated as the “Older Americans Month” in the United States. The U.S. Census Bureau recently released new data offering a snapshot of the lives of older citizens in the U.S. today. In July 2008, 38.9 million Americans were 65 or older. More than 1,575,000 Illinois citizens were 65 or older; among the states, Illinois had the fifth highest population of citizens over 65.

In 2008, 1.6 million older Americans (4% of the overall population of those 65 and older) lived in nursing home facilities. Residents of nursing facilities, in Illinois as elsewhere, face special challenges. They often require more care than other older citizens, and are more vulnerable to injuries caused by either abuse or negligence. Sometimes they have a harder time getting relatives and other people to listen to their concerns and take them seriously.

Without proper care, bedridden nursing home residents in particular may get bed sores, experience more infections, or suffer injuries such as broken bones caused by a fall. Injured nursing home residents require additional treatment and face both pain and suffering and increased medical bills.

Continue reading "Illinois Nursing Home Care during “Older Americans Month”" »