Illinois Nursing Home Abuse Blog

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Residents Have the Right to Appeal a Nursing Home Discharge Decision When a resident is transferred or discharged from a nursing home, the change can create monumental impacts on the emotional, physical and financial well-being of an already vulnerable individual and those who remain dependent on others for their daily care. Common reasons for a facility to discharge, according to The National Consumer Voice for Quality Long-Term Care, may include: the nursing home cannot provide adequate care for the resident; the resident’s health has improved to the point that he or she no longer needs nursing home care;…
Negligence Led To 66-Year-Old’s Death in Chicago Nursing Home Levin & Perconti filed a lawsuit on Tuesday, October 29 on behalf of the family of Jaime Hernandez. Mr. Hernandez tragically bled to death at his west suburban nursing home after receiving a kidney transplant just one month earlier. Before his unexpected and preventable death, doctors were pleased with the man’s recovery and family members were excited for Mr. Hernandez’s future after waiting nearly seven years for his new kidney. According to the lawsuit, staff at Berkshire Nursing & Rehab Center LLC at the Aperion Care facility located at 8200 Roosevelt…
Chicago Daily Law Bulletin Chooses Levin & Perconti Attorney Margaret Battersby Black for 40 Under 40 List Levin & Perconti’s Margaret Battersby Black has been named to the Chicago Daily Law Bulletin’s 40 Under 40 List for 2019. 40 Under 40 is a highly selective honor process which recognizes outstanding attorneys from across Illinois. The 39-year-old plaintiff’s attorney, who is also the parent of two young children alongside her husband Jeff, joined Levin & Perconti as a law clerk in 2006, was promoted to associate attorney in 2008 and named Partner in 2014. Margaret has since led a run of…
How to Find Out If Your Parent’s Nursing Home Has a History of Abuse or Neglect? Choosing a long-term care facility for your parent can feel completely overwhelming and the decision-making process is often stressful on the entire family. Thankfully, beginning October 23, the U.S. Centers for Medicare and Medicaid Services (CMS) is making a much-needed change to how families can be better informed of Illinois nursing homes that have been cited for violations related to abuse, neglect and exploitation. The Nursing Home Compare tool will now include a bright red “abuse icon” next to these troublesome homes. If you’ve…
How to Find Out If Your Parent’s Nursing Home Has a History of Abuse or Neglect? Choosing a long-term care facility for your parent can feel completely overwhelming and the decision-making process is often stressful on the entire family. Thankfully, beginning October 23, the U.S. Centers for Medicare and Medicaid Services (CMS) is making a much-needed change to how families can be better informed of Illinois nursing homes that have been cited for violations related to abuse, neglect and exploitation. The Nursing Home Compare tool will now include a bright red “abuse icon” next to these troublesome homes. If you’ve…
Nursing Home Caregivers Charged with Financial Exploitation of Elderly Resident Grace Watanabe is a 98-year-old woman who had her life savings robbed of her by two former nursing home caregivers employed at Symphony Residences of Lincoln Park, located at 2437 N. Southport Avenue in Chicago. Last year, Cook County Public Guardian Charles Golbert, with the aid of Levin & Perconti attorneys Steven Levin and Mike Bonamarte, filed a civil lawsuit accusing the workers of stealing $750,000 from Watanabe while she was residing at Symphony of Lincoln Park from 2009 – 2018. It was her bank that flagged the suspicious
Flu season and seasonal outbreak of influenza and cold virus infection as a medical health care concept with a calendar background and three dimensional human disease cells. Severe and Fatal Illnesses Caused by Influenza Outbreaks in Nursing Homes Each year, the flu continues to be one of the deadliest illnesses in the United States, with the elderly affected most severely. More than 7.3 million flu cases in adults aged 65 years and older were tracked in 2018, according to the Centers for Disease Control (CDC). Many of these patients were also residents of nursing homes and care facilities responsible for…
Residents’ Rights Advocates Invite You to “Stand For Quality” This October Across the country, residents of nursing homes and other long-term care facilities along with family members, ombudsmen, citizen advocates, and facility staff will honor the individual rights of long-term care residents by celebrating Residents’ Rights Month. Residents’ Rights Month is an annual event held in October by the National Consumer Voice for Quality Long-Term Care (Consumer Voice) to celebrate and focus on awareness of dignity, respect and the value of long-term care residents. The theme for Residents’ Rights Month 2019 is, “Stand for Quality” – to emphasize the importance…
Legionnaire’s Takes Over Covenant Living Senior Home in Batavia On September 12, the Illinois Department of Health confirmed two additional Legionnaires’ cases involving residents of a Kane County senior living home. Since late August, Covenant Living at the Holmstad located in the community of Batavia, has been home to a cluster of 14 Legionnaires’ cases, according to the Daily Herald. Unfortunately, Legionella bacteria is dangerous and can be found in buildings with complex water systems, such as hospitals, hotels, apartment complexes and nursing homes. “As the epidemiological and environmental investigation of this Legionnaires’ disease cluster continues, it is important…
Chicago Nursing Home Administrators Fined for Refusing to Help Dementia Patient Robbed by Their Employees Levin & Perconti attorneys Steven Levin and Mike Bonamarte have been working with Cook County Public Guardian Charles Golbert for nearly a year in representing an elderly woman who had her life savings robbed and justice has still not been served. Grace Watanabe is a 98-year-old nursing home resident with dementia who had $750,000 stolen by her care staff while residing at Symphony of Lincoln Park. Now, a judge has imposed a $400-a-day fine on Symphony executives for their refusal to share any information about…
FAIR Act Bill Has Passed the House, Now Headed to the Senate On Friday, September 20, lawmakers in the House voted 225-186 to pass the Forced Arbitration Injustice Repeal (FAIR) Act, introduced by Rep. Hank Johnson (D-GA) and Sen. Richard Blumenthal (D-CT), with the help of many supporters who look to hold long-term care doers responsible for abuse and neglect. The bill is designed to end forced pre-dispute arbitration in contracts between consumers and corporations, including nursing homes, long-term care centers and assisted living communities. Moving ahead, the FAIR Act could: ban businesses from including mandatory arbitration clauses in contracts…
Your Hospital-Acquired Infection May Have Been Prevented Medical errors can lead to fatal infections and are now the third leading cause of death in the US. Johns Hopkins patient safety experts say these mistakes are responsible for more than 250,000 deaths per year and nearly 70 percent of the 1.7 million preventable hospital-acquired infections accounted for. Hospital-acquired infections can be caused by viral, bacterial, and fungal pathogens. The most common types are central-line associated infections, pneumonia, urinary tract infection (UTI), Clostridium Difficile (C. diff) infections, Methicillin-resistant Staphylococcus aureus (MRSA), invasive Candidiasis, Septicemia, and surgical site infections (SSI). Acquiring a central-line associated bloodstream infection (CLABSI) in the bloodstream is one…
Nursing Home’s Failed Disaster Response Resulted in 12 Resident Deaths  Four former employees at the Florida nursing home plagued with power outages from Hurricane Irma will be held responsible for the 12 residents who died from heat-related injuries and illnesses in 2017. The deceased were all residents at Rehabilitation Center at Hollywood Hills and ranged in age 57 to 99. The employees, of which three were nurses and one a facility administrator, failed to do their basic duty to protect life and never dialed 911 for evacuation help. The company responsible for restoring power to the home released a statement…
Lawmakers Will Soon Vote on the FAIR Act to Stop Forced Arbitration  Americans have the right of a jury trial unless forced to agree otherwise in the form of an arbitrary clause contractually. These agreements have found their way into all of our employment, consumer, franchise and even medical contracts. Once used as a tool for businesses to solve their disputes, forced arbitration has become a greedy and ruthless tactic, dangerous to consumers. Just this week, the full House of Representatives is set to vote on the FAIR Act, H.R. 1423. The bipartisan bill, sponsored by Congressman Hank Johnson…
Forced and Often Rigged, Arbitration Only Helps Companies Some companies practice forced arbitration by removing its consumers and workers right to file a claim in a public court through formal, signed agreements. As defined by the American Bar Association, arbitration is “a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments.” Similar to what happens in a trial, those involved will present their case along with evidence to the arbitrator. But parties may not have to follow state or federal rules of evidence. Likewise, the…
Air Force Veteran Dies in Nursing Home, Covered in Ant Bites Our team of nursing home abuse and neglect attorneys is again frustrated to hear of another veteran left in immediate danger in a Veterans Affairs (VA) nursing home regulated by the Federal government and Department of Veterans’ Affairs. Joel Marrable, a Vietnam War veteran, had taken up residence at the Eagles’ Nest Community Living Center and was dependent on the Atlanta, Georgia VA Medical Center for his daily living and ongoing medical needs. The 74-year-old veteran of the Air Force had been battling cancer before he recently died in…