Illinois Nursing Home Abuse Blog

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Nursing Home Resident Evictions Continue Due to Medicaid Funding Nationally, long-term care ombudsmen, who advocate for elderly and disabled residents of nursing homes and assisted living facilities, received 10,610 complaints about discharges and transfers in 2017, up from 9,192 in 2015. Many of these complaints arise when a facility asks or pressures a resident to leave with “no due process rights, no notice” even though an advanced notice is required. We agree with the importance of the recent news report by NBC launched over the Thanksgiving holiday weekend, that some nursing home facilities illegally evict residents when their Medicaid funding…
Your Holiday Nursing Home Visit Could Be Lifesaving During the busy holiday season, an already understaffed nursing home care team becomes even more limited, leaving many needs of nursing home residents to go unmet. For the workers who are on staff, they become stressed and easily overwhelmed, creating a rise in the number of incidences of neglect and abuse of residents. This season, we encourage the family and friends of those residing in skilled nursing facilities to make it a priority to visit frequently and unexpectedly check-in on those responsible for providing care. Even a weekly call or stop during…
Updated Nursing Home Visit Checklist Can Help Prevent Neglect & Abuse If your family is planning a tour of an Illinois nursing home facility, or you have a loved one who is currently a nursing home resident, and you are checking-in, the U.S. Centers for Medicare and Medicaid Services (CMS) has released an updated checklist to help identify any care concerns or suspicions of neglect and abuse of residents. Here are some key data points to consider discussing with administrators and care staff during your next visit. Facility Type Is the nursing home Medicare certified? Is the nursing home…
Winter Weather Heightens Wandering & Elopement Risks for Dementia Residents The Illinois Alzheimer’s Association says wandering – in extreme circumstances also called eloping – represents one of many behavioral problems occurring in 6 out of 10 people living with Alzheimer’s across the state. And cold weather events and drops in temperatures during the winter months pose new dangers to nursing home residents who have the likelihood to move about their environment without regard to their safety. Residents battling Alzheimer’s must be cared for in alternative ways than residents who do not present a known threat to wander. Care workers must:…
Government Site Has New Way of Warning Families of Nursing Home Mistreatment and Neglect The nursing home abuse and neglect attorneys at Levin & Perconti keep close eyes on how the federal government is using Nursing Home Compare, a website used by the public to search and compare facilities nationwide. In October, it was announced by the federal Centers for Medicare and Medicaid Services (CMS) that the site has started flagging nursing homes with a history of resident mistreatment. In a special report published by The Washington Post on November 19, 2019, the new flagging system which uses a…
Recent Inspection Report Shows Grove of Evanston Still Underperforming Last year, The Illinois Department of Public Health (IDPH) slapped the Grove of Evanston, 500 Asbury St., with a $25,000 fine for a Type A violation where “there is a substantial probability that death or serious mental or physical harm will result, or has resulted.” According to news sources and IDPH officials, the nursing home violated the terms of its license when it failed to assess a resident and notify a doctor of his declining condition. IDPH said the failure resulted in the resident being sent to a local hospital where…
Letter to the Editor: Coverage of “Costs” Is Crucial to Providing Zealous Representation In the November 12 post, “No ‘Costs’ Uncovered: The Appellate Court’s Expansive Redefinition of ‘Costs,” Tara Kuchar asserts that in Grauer v. Clare Oaks, et al, 2019 IL App (1st) 180835, the prevailing argument over what constitutes a “cost” under the fee-shifting provision of the Illinois Nursing Home Care Act is “flawed” because it is overly broad. We strongly disagree. The effectiveness of the Illinois Nursing Home Care Act hinges on the legislation’s directive that nursing homes found to violate a resident’s rights “shall pay the actual…
Report Proves Illinois Could Do Better at Investigating Nursing Home Complaints The Office of Inspector General (OIG) released a report in 2017 that showed several states, including Illinois, were missing the opportunity to lead a timely investigation of the most pressing nursing home complaints. These complaints included neglectful occurrences such as residents being left to sit in their urine and feces for hours, residents being admitted to the hospital because of preventable infections, and inappropriate social media posts by nursing home employees. According to the OIG, these events will typically fall into two types of serious complaint categories that must be…
71 Illinois Nursing Homes Named in Third Quarter Violation Report The Illinois Department of Public Health (IDPH) has released its Third Quarter Report of Nursing Home Violators for 2019. IDPH is responsible for ensuring nursing homes comply fully with mandatory state regulations. This report dates July 2019 thru September 2019. It highlights 71 Illinois facilities cited for various violations of the Nursing Home Care Act, a statute that provides nursing home residents and their families with the assurance that proper and safe care will be received. Violations, no matter how small in detail, should be taken seriously, especially since history…
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…