Dave Abels, Author at Abels & Annes, P.C.

Worker at Urbana Assisted-Living Facility Charged With Stealing From Elderly Residents

An assisted-living facility worker was recently arrested in Urbana after she allegedly stole money from an elderly resident’s room. The 28-year-old worker supposedly raised suspicions after a number of residents reported cash missing from their rooms. In response to complaints, officers from the Urbana Police Department purportedly set up a hidden video camera in the room of a resident who was often gone. Police stated they placed a $20 bill on top of the resident’s dresser and pointed the camera at the money. Two days later, the 28-year-old woman was allegedly caught on camera pocketing the cash.

A representative for the Urbana Police Department stated the assisted-living facility worker denied taking the money. Still, the 28-year-old was charged with both burglary and residential burglary. If convicted on the more serious residential burglary charge, the worker could face a prison sentence of four to 15 years.

Information from the Illinois State Police claims at least 100,000 elderly citizens currently reside in the nearly 1,300 long-term care facilities located throughout our state. According to the National Center on Elder Abuse, approximately one million seniors are neglected or abused across the country each year. In addition, such abuse is allegedly grossly underreported. Elder abuse is any knowing or careless act that causes mental, emotional, physical, or financial harm to a senior citizen. Signs of elder abuse by a caregiver may include bedsores, unexplained physical injuries, soiled clothing or bedding, anxiety regarding being alone with caretakers, and reports of missing cash or other personal items.

Regrettably, theft in long-term care facilities is an often overlooked form of elder abuse. Despite the numerous laws designed to protect nursing home residents, they may fall victim to mistreatment by someone who is tasked with their care. Not only unscrupulous employees, but also other residents may choose to steal from skilled nursing and other care facility patients. If you suspect a nursing home or other long-term care facility patient was physically, emotionally, or financially abused by a caretaker, you should discuss your concerns with a skilled nursing home abuse and neglect lawyer.
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CDC Survey Claims Seniors in Illinois Nursing Homes and Elsewhere at Highest Risk for Influenza-Related Hospitalization and Death

by Dave Abels

According to a survey conducted by the nation’s Centers for Disease Control and Prevention (CDC), the influenza vaccine administered this season was only effective in nine percent of cases for individuals age 65 or older. For people under age 65, the vaccine reportedly reduced sickness by nearly two-thirds. As part of the study, more than 2,500 individuals were surveyed by the United States Influenza Vaccine Effectiveness Network between December 3, 2012 and January 19, 2013. Researchers reportedly found that the rate of laboratory-confirmed influenza-related hospitalizations and deaths in the elderly reached as high as 116 per 100,000 people. The flu vaccine allegedly offered a similar level of effectiveness to European seniors.

This season, the influenza vaccine that was distributed across the nation included protection against three strains of the virus: H3N2, Influenza B, and H1N1. Although the vaccine was allegedly 67 percent effective against the Influenza B strain in seniors, it was only nine percent effective against the H3N2 strain. H1N1 purportedly failed to be detected in the overall population at any sort of significant rate. According to researchers, the H3N2 strain of the flu virus was the most commonly transmitted this season. The vaccine’s overall effectiveness for children over six months of age was allegedly 56 percent. For some age groups, it supposedly prevented the flu in 58 percent of cases.

The reportedly statistically insignificant rate of H3N2 flu prevention in American seniors could be why the season’s rate of flu-related hospitalization and death was purportedly one of the highest on record. Joe Bresee, Chief of Epidemiology and Prevention in the CDC’s Influenza Division, said although the current flu season was moderately severe for most Americans, it was much more severe for the elderly population. Bresee stated the effectiveness of most vaccines decreases with age. Still, researchers are purportedly puzzled as to why the vaccine failed to work for seniors in such large numbers this year.

CDC researchers cautioned against reading too much into the survey results as chronic medical conditions could have played a role in higher illness and mortality rates for the elderly. In addition, only those individuals who sought medical treatment were surveyed. The CDC reportedly plans to perform further influenza vaccine effectiveness research in the future. Bresee stated anyone who works with adults over age 65 on a regular basis should be sure to obtain an influenza vaccine as a precautionary measure.

Since nursing home residents normally live in close proximity to one another, communicable diseases like the flu can spread quickly. Proper sanitation measures are vital to ensure the health of skilled nursing facility patients. Although direct care workers at Illinois nursing homes are required to take simple precautionary measures designed to control the spread of disease, many allegedly fail to do so. Unfortunately, this can have tragic consequences for elderly or frail facility residents. If your friend or family member died after he or she contracted a preventable disease at a nursing home in Illinois, you should contact a quality nursing home abuse and neglect lawyer.
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Unattended Elderly Dementia Patient Goes Missing From New Athens Nursing Home

by Dave Abels

According to authorities, an 84-year-old dementia patient recently went missing from a New Athens nursing home for more than an hour. Staff at the New Athens Home for the Aged reportedly discovered that the senior citizen was missing from the South Johnson Street facility around 7:15 am. According to New Athens Police Department Detective Ray Wilson, about 100 community members searched for the nursing home resident after a police bulletin was issued. The elderly man was allegedly found walking along a roadway in a pair of flannel pajamas. A passing motorist purportedly picked the senior citizen up and took him to a Freeburg gas station where she notified police of his whereabouts. Wilson stated although the dementia patient appeared uninjured, he was transported to a local hospital for examination.

Skilled nursing facilities that are certified to accept Medicare and Medicaid funds are subject to both state and federal laws. Despite that most nursing homes in Illinois accept federal monies they are not required by law to do so. Whether or not a skilled nursing facility is certified, all nursing homes that operate in the State of Illinois are always required to provide quality resident care in compliance with state law. This includes ensuring that an adequate number of direct care staff is on hand to ensure potentially tragic situations like this situation do not occur. The Illinois Department of Public Health currently regulates the quality of care provided in all Illinois nursing homes.

As loved ones age or become disabled, many Illinois families turn to skilled nursing facilities for assistance. Even the most dedicated relative will have a difficult time providing around the clock care for an often unpredictable dementia patient. Nursing homes should have the additional resources required to monitor and maintain the safety of dementia and other patients in place. When a long-term care facility fails to ensure at-risk patients like this one are safe, the institution may be guilty of negligence. If your loved one was injured as a result of skilled nursing facility negligence, you should contact a qualified Illinois nursing home abuse and neglect lawyer.
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Caregiver at Batavia Assisted-Living Facility Accused of Stealing from Residents

by Dave Abels

In December, the Batavia Police Department arrested a 19-year-old Heritage Woods of Batavia assisted living facility employee on felony exploiting the elderly, forgery, and theft charges after she allegedly forged a $1,000 check to herself in November 2012. According to Batavia Police Detective Kevin Bretz, the senior citizen’s family members notified authorities of the alleged theft after they noticed a discrepancy while balancing the elderly woman’s checkbook. At the time of the 19-year-old caretaker’s arrest, Bretz said police believed the alleged theft was an isolated incident.

Since the young woman was initially charged, a number of other individuals contacted both the assisted living facility and local police regarding additional cases of suspected theft. Bretz stated at least five alleged victims were identified after bank statement discrepancies were uncovered. The 19-year-old now faces 13 felony charges in connection with the alleged incidents. Bretz did not specify the total amount of money the assisted living facility caretaker is accused of taking from residents. He added that police are hopeful all of the young woman’s purported victims have now come forward.

According to a Heritage Woods administrator, the 19-year-old is no longer employed at the facility. She also stated that the young woman passed a background and fingerprint check that was conducted prior to her employment. If convicted, the 19-year-old faces up to five years in prison for each felony count.

Currently, more than 100,000 elderly Illinois residents reside in about 1,300 long-term care facilities across the state. Data from the National Center on Elder Abuse suggest that about one million senior citizens are abused or neglected across the nation each year. In addition, such abuse is allegedly grossly underreported. Elder abuse may include any knowing or careless act that causes physical, emotional, or financial harm to an aged person. Signs of abuse by a caregiver can include general uncleanliness, unexplained physical injuries, a fear of being left alone with caretakers, bedsores, and reports of missing personal items.

Sadly, theft at a long-term care facility is a commonly overlooked form of elder abuse. Despite that numerous laws are in place to protect skilled nursing facility residents, they still run the risk of falling victim to mistreatment such as financial abuse. As purportedly occurred in this case, unscrupulous employees may choose to steal from long-term care facility residents. Regrettably, more than seven percent of all financial abuse cases across the country were reportedly committed by a nursing home or assisted-living facility caregiver. If you suspect a skilled nursing or other long-term care facility patient was physically, emotionally, or financially abused by an individual tasked with his or her care, you should contact a skilled nursing home abuse and neglect attorney immediately.
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Researchers Urge Nursing Homes to Use More Effective Measures to Prevent Spread of Deadly Bacteria in Illinois and Nationwide

by Dave Abels

A study recently published in the journal Infection Control and Hospital Epidemiology claims that a number of strains of community-assisted methicillin-resistant Staphylococcus aureus (MRSA) are currently present in nursing homes across the country. MRSA is a bacteria that has become resistant to the antibiotics normally used to combat staph infections. The bacteria are often found in hospitals and other medical care facilities where invasive procedures are performed. Community-assisted MRSA is a fairly new variation of the bacteria and can affect otherwise healthy individuals.

As part of the study, researchers from the University of California, Irvine, reportedly analyzed data regarding community-acquired MRSA that was collected from nursing homes in Orange County, California between October 2008 and May 2011. Researchers took samples from 200 nursing home patients who were residing in one of 22 different facilities. Half of the samples were taken from individuals who were recently admitted to a nursing home. Researchers allegedly found that 25 percent of the residents who tested positive for MRSA actually had community-acquired MRSA. In addition, the bacteria were found at 20 of the 22 skilled nursing facilities that participated in the study.

Study authors claim community-assisted MRSA infections are just as dangerous as MRSA infections acquired in a hospital setting. According to lead researcher Courtney Reynolds-Murphy, more effective and targeted measures should be taken in nursing homes and other facilities in order to prevent and combat the spread of the potentially deadly bacteria. In addition, researchers stated the prevalence of such bacteria is likely to increase in hospitals throughout the nation because ill nursing home residents are often admitted directly to such institutions. Reynolds-Murphy said hospital rates of community-acquired MRSA have steadily increased since the strain of bacteria was initially discovered.

The study authors reportedly found that community-acquired MRSA rates were highest in skilled nursing facilities that served a greater percentage of patients under the age of 65. Researchers purportedly believe the disparity was caused by the fact that senior citizens are generally less mobile than their younger counterparts. Younger residents are allegedly more likely to interact with others which may increase exposure across a nursing home or other population.

Because residents normally live in close proximity, bacteria like community-assisted MRSA can be spread easily in nursing homes and other long-term care facilities. The use of effective sanitation measures is vital to maintain the health of skilled nursing facility patients. Although nursing home employees in Illinois are required by law to ensure simple precautionary measures designed to control the spread of illness are used, too many reportedly fail to do so. This can have a devastating impact on long-term care facility residents. If your friend or family member died after he or she contracted a preventable disease at a skilled nursing facility located in Illinois, you are advised to speak with a quality nursing home abuse and neglect attorney.
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Madison County Lawsuit Claims Neglect Led to Death of Alton Nursing Home Resident

by Dave Abels

A lawsuit recently filed in Madison County Circuit Court claims an Alton nursing home resident died as a result of the poor quality of care she allegedly received at the facility. In the case, the estate of an elderly woman claims Eldercare of Alton allowed the woman to develop a severe infection that ultimately led to her death. The senior citizen was reportedly a patient at the facility for less than one month in 2011. The woman allegedly died at Saint Anthony’s Health Center in Alton more than three weeks after she was taken by ambulance from the skilled nursing facility.

In the complaint, the woman’s family claims she suffered septic shock, bedsores, dehydration, and other injuries while in the care of the nursing home. The lawsuit also claims an excessive amount of a blood thinning medication was administered to the woman while she resided at the long-term care facility. In addition, the woman’s family accuses her physician of failing to provide the senior citizen with appropriate health care and refusing to speak with her family regarding her condition.

An investigation report issued by the Illinois Department of Public Health states the Alton nursing home failed to sufficiently assess and monitor the elderly woman’s care. The report also claims the skilled nursing facility failed to adequately prevent mistreatment of individuals in its care as required by state law. According to the report, neglect on the part of the long-term care facility resulted in a number of serious health conditions for the woman including septic shock, heart attack, low blood pressure, low blood sugar, a serious urinary tract infection, and brain dysfunction. Additionally, the report accuses the nursing home of providing the elderly woman with an incorrect dose of more than one prescription medication.

All Illinois nursing homes must be licensed by the state. In addition, skilled nursing facilities that receive federal Medicaid and Medicare insurance program payments are considered certified facilities. A certified nursing home is subject to both state and federal laws and regulations. Despite that the Illinois Nursing Home Care Act does not require long-term care facilities operating in the state to become certified, most nursing homes in Illinois are in fact certified.

Federal law requires certified nursing homes to ensure that all patients maintain the same level of health they enjoyed when they entered the facility. If a resident’s condition deteriorates, the skilled nursing facility must work to restore the resident to his or her original condition. A common sign of neglect in Illinois nursing homes is the presence of bedsores on a patient’s body. Bedsores, or pressure ulcers, are normally caused by remaining in the same position for too long. If provided with proper care, no nursing home patient should suffer from bedsores.
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Study Claims Nursing Home Residents in Illinois and Elsewhere Are Often Prescribed Dangerous Anti-Psychotic Medications Despite FDA Black Box Warning

by Dave Abels

A study conducted at the University of Massachusetts in Worcester claims more than one-fifth of nursing home residents across the nation are prescribed at least one anti-psychotic drug. A research letter recently published in the Journal of the American Medical Association also alleges most of the anti-psychotic prescriptions written for skilled nursing facility patients are off-label, or not for an approved use. According to the letter, such drugs provide “marginal clinical benefits and serious adverse effects, including death,” for long-term care facility patients.

As part of the research study, Becky A. Briesacher, PhD and her colleagues analyzed prescription data for more than 1.4 million nursing home residents included in a database compiled by the long-term care pharmacy Omnicare between 2009 and 2010. Omnicare reportedly provides prescription medications to about half of all skilled nursing facility residents in the United States. Researchers found that about 22 percent of nursing home patients received at least one anti-psychotic drug. In addition, more than 68 percent of patients were administered one of three atypical anti-psychotic medications, quetiapine fumarate, risperidone, and olanzapine. Such drugs are classified primarily for use in individuals who suffer from schizophrenia or bipolar disorder.

Researchers also reportedly examined a subset of more than half a million nursing home residents who received at least 90 days of continuous medical observation. Patients given atypical anti-psychotic prescriptions were allegedly treated with the drugs for at least 70 days. Those who were administered conventional medications like haloperidol or chlorpromazine were purportedly only treated for 30 to 77 days. According to researchers, 92.5 percent of patients in the subset were prescribed more than one anti-psychotic drug.

The study purportedly found that anti-psychotics were most widely prescribed to nursing home residents living in South Central states. Patients residing in Western states were allegedly the least likely to receive an anti-psychotic medication. Researchers reportedly believe the wide variation between the two regions, 28.1 percent and 17.2 percent respectively, demonstrates that the medications are not being prescribed to skilled nursing facility patients using an evidence-based approach.

In 2005, the nation’s Food and Drug Administration issued a black box warning which stated the use of anti-psychotic medications in patients who suffer from a dementia disorder is associated with an increased mortality rate. In some nursing homes, residents reportedly receive such medications because employees have difficulty dealing with the behavioral symptoms that can accompany dementia. No matter what behavior issues exist, better alternatives should be utilized.

The abuse or neglect of skilled nursing facility residents is not always easy to identify. It is unacceptable for a nursing home patient to receive an inappropriate or potentially dangerous prescription drug in order to make caring for them easier on untrained or an insufficient number of employees. In general, the over-medication of residents is also a recipe for abuse. If you believe someone you love was the victim of skilled nursing facility abuse or neglect, you should discuss your concerns with a committed lawyer.
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Deficiency Reports for Nursing Homes in Illinois and Missouri Now Available Online

by Dave Abels

A number of troubling allegations reportedly fill the pages of inspection reports recently released by the Department of Health and Human Services’ Centers for Medicare and Medicaid Services. Three years of inspection reports obtained and published by non-profit corporation Propublica alleged verbal abuse, neglect, rape, and physical abuse at a number of skilled nursing facilities in both Illinois and Missouri. A total of 513 Missouri nursing homes received citations for a number of deficiencies since 2009. 99 of those homes were issued $676,000 in fines for serious deficiencies. In addition, 774 skilled nursing facilities in Illinois received more than $2.3 million in fines as a result of alleged deficiencies.

In the St. Louis Metro, one particularly troubling 59-page inspection report accused the Nathan Health Care Center in East St. Louis of 75 deficiencies, 10 of which were considered serious. The facility was also fined $25,000 and labeled for special focus after six residents were allegedly sexually abused. The report claims a 59-year-old resident released from federal prison in 2010 sexually assaulted a number of patients who were unable to provide consent as a result of their poor cognitive abilities. In at least one case, a resident was purportedly exposed to Hepatitis C as a result of rape. The inspection report claims the nursing home not only failed to protect residents from being sexually assaulted, but also failed to notify law enforcement officials about the alleged incidents.

Sadly, the recently released federal inspection reports outline a number of other egregious deficiencies that reportedly existed at long-term care facilities located in the two states. For example, one nursing home supposedly used facility lock-downs as a means to punish residents. A patient reportedly died at another facility after being denied his medication and suffering chest pain for at least 12 hours. A certified nursing assistant at yet another facility was accused of yelling numerous insults at residents as well as calling them children. Another troubling case left a dementia patient dead from drowning after she allegedly went missing during mealtime. Her body was found the following day in a creek about one mile away from the facility. Unfortunately, the tragic list of negligence or abuse at area nursing homes goes on and on.

The facilities described above are subject to federal inspection because they are certified to accept Medicare and Medicaid funds. Although most nursing homes in Illinois accept federal funds, they are not required by law to do so. Whether or not a facility is certified, nursing homes that operate in Illinois are always required to provide quality resident care in compliance with state law. The Illinois Department of Public Health regulates the quality of care provided in all Illinois skilled nursing facilities. If you believe your loved one suffered abuse or neglect while residing in an Illinois nursing home, you should speak with a skilled attorney to discuss your concerns.
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West Suburban Senior Services Opens Elder Abuse Forensic Center in Forest Park

by Dave Abels

A Forest Park senior support agency recently reopened. On January 10th, West Suburban Senior Services (WSSS) once again began providing services to elderly community members in need of a break from their caregiver responsibilities. According to WSSS Director Janet Ogle, the organization’s goal is to provide free support and mental health services for seniors who are faced with caring for a disabled loved one. WSSS also offers temporary substitute caregivers, assistance with household chores, and help making a short-term nursing home placement.

A variety of support group meetings will reportedly be held at the agency’s Forest Park location. Caregiver Specialist Fernanda Unger said many seniors who care for family members become isolated and may feel guilty for taking time away from their caregiver responsibilities. In addition, many elderly caregivers have health problems of their own. The support groups were designed to allow area seniors to provide one another with both encouragement and advice.

In addition to other services, the WSSS has also created a new Elder Abuse Forensic Center. According to the new center’s Director, Tara Pink, the goal is to create a resource for the investigation and prosecution of all types of senior citizen abuse. The Elder Abuse Forensic Center was reportedly modeled after a similar organization that is currently operating in California. Pink stated elder abuse and financial embezzlement experts will volunteer their time and resources in order to assist the new center in achieving its goal of providing senior abuse resources for law enforcement officers, medical providers, and Illinois officials.

Pink said elder abuse may include emotional abuse, financial misappropriation, withholding of food or medicine, physical or sexual abuse, and passive neglect. She added that such abuse is extremely common, too often goes unnoticed, and is not prosecuted in many cases. Because of this, the Elder Abuse Forensic Center will reportedly hold workshops designed to show law enforcement officers how to recognize the signs of senior citizen abuse.

Unfortunately, the elderly and disabled are not only placed at risk of abuse or neglect when family members who are stressed or spread too thin care for them. Many families in Illinois turn to skilled nursing facilities for temporary or permanent elder care assistance. Regrettably, it is often difficult to monitor the care your loved one is receiving in such an environment. Federal standards require that certified nursing homes, those that receive federal Medicaid or Medicare funds, maintain each resident at the same level of health he or she enjoyed upon entering a long-term care facility. If a resident’s condition worsens, the nursing home must work to restore the resident to their original condition. Sadly, the neglect or abuse of a skilled nursing facility resident can have irreversible consequences.
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Additional Community Partnership Programs Designed to Improve Elder Care in Illinois and Nationwide Announced

by Dave Abels

As part of the Affordable Care Act, the nation’s Center for Medicare & Medicaid Studies recently announced the creation of 35 new community-based care transitions programs in 23 states. Nursing homes in Colorado, Florida, New York, and Mississippi will reportedly partner with medical providers in five of the 23 new locations. Currently, 82 transitions programs are purportedly working towards both lowering Medicare costs and reducing hospital readmission rates for Medicare insurance recipients.

Approximately one-fifth of all Medicare beneficiaries will reportedly be readmitted to a hospital within 30 days of discharge. This allegedly costs the Medicare program in excess of $26 billion every year. The purported goal of the transitions program is to identify and address the various factors that may cause rehospitalization for the nation’s elderly. In addition, coordination between health care providers and skilled nursing facilities is reportedly encouraged through the program.

According to Greg Crist, Vice President of Public Affairs at the American Health Care Association, the partnership demonstrates the important role skilled nursing facilities can have in providing quality patient care. He said the nursing home trade group has made reducing elderly rehospitalizations a priority throughout the nation. Crist added that helping American seniors successfully transition out of a hospital setting benefits everyone and also lowers overall costs.

Nursing homes in Illinois and elsewhere that receive federal Medicare or Medicaid funds are considered certified facilities. Certified skilled nursing facilities that operate in Illinois must provide quality resident care in compliance with both federal and state law. Despite that most nursing homes located in our state are certified facilities, being certified to accept federal funds is not required by Illinois law. The Illinois Department of Public Health regulates the quality of care provided in all Illinois skilled nursing facilities regardless of the facility’s certified status.

The Illinois Nursing Home Care Act was established to increase the quality of care received by nursing home residents in our state. Pursuant to the law, all nursing homes that operate in Illinois must provide at least 2.5 hours of direct care per day to each resident. In addition, all long-term care facilities operating within the state must provide 3.8 hours of daily direct care staffing for every resident by January 1, 2014. Unfortunately, many nursing homes allegedly fail to comply with the law’s requirements and understaffing often leads to elder neglect or abuse. If your loved one suffered abuse or neglect while residing in an Illinois skilled nursing facility, you are advised to speak with a competent attorney to discuss your concerns.
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