Author: Dave Abels

When a family member or a loved one is placed in a nursing home, often it is the result of much deliberation and with great consideration to the loved one’s condition and needs. In some cases, it may be evident immediately that a person needs nursing assistance around-the-clock, like following a serious accident or a difficult surgery. However, many cases involve elderly Americans progressively moving toward the need for greater and greater help until a family or others can no longer care for that person at home. It is at this time that a nursing home may be utilized.

The need for physical care of an elderly adult is one of the most common reasons that a person ends up as a resident of a nursing home. With this in mind, it is imperative that the employees of these homes abide by all standards and heed all necessary directives regarding the care and treatment of these nursing home patients; failure to do so may be negligent or even reckless and too often leads to injuries sustained by these nursing home residents.

If your loved one has been the victim of nursing home negligent and abuse, it may seem unthinkable to you because of your trust in the facility and the employees to whom your loved one’s car was entrusted. But personal injury attorneys in the Chicago area can tell you that nursing home neglect and abuse happens with regularly across the nation and, unfortunately, Illinois is no exception. While nothing can erase the emotional scarring and the physical damage of these instances, victims and/or their family members may be able to seek and obtain financial compensation for their damages through the use of a civil claim.

An incident in a Long Island nursing home back in 2012 resulted in the death of a female patient and led to charges against nine health care employees who were charged with her care. Recently, one of those employees, a nurse’s aide, pleaded guilty for her actions for willfully violating public health laws. The nurse’s aide was responsible for monitoring an elderly patient for one hour and was charged with calling for help if necessary. Authorities alleged that the employee noted a decrease in the patient’s vital signs, including her breathing and heart rate, but claimed that he defendant failed to take the actions necessary to get help for the woman, who eventually died.

The guilty plea was part of an agreement between the defendant and prosecutors and in exchange for the plea, the woman was sentenced to three years of probation and is banned from working in a care field in the future. Though she pleaded guilty, the defendant did not say why she failed to call for help when the nursing home patient’s vital signs began to fall.
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When a resident of a nursing home or long term care facility is prescribed medication to treat an ailment, that resident should receive the medication as prescribed and/or as needed. The family members of these residents should not be forced to worry about whether the medication will be administered properly and the residents themselves should not have to suffer due to delays or missed dosages.

Yet despite the requirements that employees administer drugs appropriately and as scheduled, numerous incidents happen in Illinois every year that involve improper dosing or skipped medication. Illinois is not the only state to suffer from these issues though as it is becoming a problem across the nation. The impact of missed medication can be minor or it can be extreme and in some cases, even fatal. Certain types of medication must be spaced precisely or the consequences can be dire.

In late January, an employee at an Indianapolis nursing home was arrested on suspicion of stealing medication from some residents of the home. Additionally, work records show the employee had regular shifts at two other nursing homes in the city, making her access to patients and their medications vast. Local officials and those with the Drug Enforcement Agency have not disclosed which specific medication were allegedly stolen or whether any patients were harmed as a result.

At the time of her arrest, the employee allegedly had controlled substances on her person that she did not possess a prescription for. She is now facing charges of interfering with medical services and obtaining controlled substances by theft or fraud.
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The residents of a given nursing home in Illinois likely have different medical issues that will need different types and levels of care. Some have their mental faculties and may need assistance only with physical tasks; others may be able-bodied but may need help with mental issues. The wide variety of issues that are found in any given long-term care facility mean that employees and owners of nursing homes must be prepared to take action and assist where and when needed.

When placing a loved one in a nursing home, people often worry about the health of the patient and wonder whether they are making the correct decision. The safety of that resident may be less of a focus as family members trust that licensed facilities will act appropriately and will provide the care their loved one deserves. But unfortunately, that is not always the case and nursing home abuse continues to be problematic in Illinois and in Chicago, leaving victims with physical and mental injuries that may require additional medical care.

When abuse or neglect occur in a nursing home setting or other long-term care facility, those who suffer may be entitled to financial compensation. Speaking with a personal injury lawyer in Illinois may help you understand your options and whether your loved one has a valid claim if you suspect wrongdoing or malfeasance in a nursing home setting.

In an upsetting incident, police in Ohio have confirmed that a nursing home resident died from hypothermia after she wandered outside this week. The nursing home at issue is located in Sagamore Hills, a city southeast of Cleveland and it reportedly focuses on the care of patients with Alzheimer’s disease.

A 94-year-old female moved into the facility in September of 2014 for additional care necessitated by dementia. While the details are not clear at this time, officials believe that the woman was allowed to wander outside at some point on Monday morning when the conditions were cold and that, while she was outside, no one noticed the woman, allowing her to remain in the cold. At approximately 7:30 a.m., the driver of a snow plow dispatched to the area noticed the woman’s body in the parking lot of the nursing home facility and alerted his superior who in turn notified the police. Emergency crews responded to the scene and evaluated the woman, who was not breathing, but they were unable to save her and her death has been blamed on hypothermia due to environmental exposure. Reportedly, employees of the facility noticed the woman’s absence and found her in the snow shortly after the snowplow operator and before emergency crews arrived.

Local authorities are still reviewing this incident and the nursing home at issue has stated that it will investigate as well in an attempt to determine how the woman left the facility unsupervised and whether an employee or employees were at fault.
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Victims of any age and gender can be subjected to sexual abuse and assault, and though it may be surprising to some, the residents of nursing homes and long term care facilities are not immune from this threat. Rather, like many other victims, these residents may be abused because they are vulnerable targets and may not be able to resist or to report the misconduct done to them. Often, one abuser can victimize many in a single nursing home and can cause mental, emotional, and physical damages to these elderly victims.

Nursing home abuse is a tragic epidemic in our country and across the State of Illinois. Many believe that the low level of awareness of this issue coupled with a low coverage rate in the local medias contribute to the lack of knowledge possessed by the public about abuse and neglect in care facilities, which in turn makes it easier for aggressors to prey on their victims. However, it is a crime to harm the elderly and anyone who does so or who is responsible for such conduct may be held liable to the full extent of the law. Medical professionals may lose their licenses and may be charged criminally but in many instances, that is merely the tip of the iceberg as victims or their surviving family members may be entitled to financial payment for their losses. The circumstances surrounding a specific incident vary so it may be helpful to speak with a personal injury lawyer to learn about your options and whether your loved one is entitled to payment if you suspect nursing home abuse or neglect.

In a disturbing incident out of Bethlehem, Pennsylvania, a former nurse at a rehabilitation center has been charged with sexually assaulting a non-verbal patient. Police have alleged that the 45-year-old male nurse sexually assaulted a 50-year-old woman in the summer of 2013 and that the woman suffered from extremely limited movement. Officials claim that during the assault, the victim was able to activate a call button, leading another employee to enter the victim’s room and witness the assault in progress. This second employee allegedly testified against the suspect at a grand jury proceeding that occurred in late 2014 which led to an indictment and charges of aggravated indecent assault, which are pending at this time.
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The needs of elderly Americans who reside in nursing homes can vary significantly depending on the nature of the patient and any medical conditions that may exist. Some need help sparingly with rare tasks, like lifting or moving heavy objects or navigating difficult terrain. More commonly, residents need extensive assistance and may require help with all daily activities like bathing, eating, and walking. Regardless of the level of care a patient needs, all residents of Illinois nursing homes should be assured that they will obtain the care they need to leave them safe and secure.

Far too often, though, nursing home neglect occurs and these residents are left in dangerous situations that may cause injuries. Neglect can take many forms and may manifest itself in missed dosages of drugs, failed operating procedures regarding patient care, or even an ignorance of safety concerns. The residents of nursing homes in the state are dependent upon employees and the owners of these homes for help, and when neglect occurs instead of proper care, the residents may suffer. Injuries caused by abuse in a nursing home or neglectful action may lead to the rise of a claim for relief on behalf of the resident who was harmed and/or that resident’s family. As the conditions surrounding every incident vary, speaking with a personal injury attorney may help you understand your options and your rights if you suspect malfeasance.

Illinois is not the only state where these claims occur, though, and a recent incident in Minnesota makes that clear. A nursing home resident in a Hastings facility was injured in an incident that led to the resident’s death. Reportedly, care instructions regarding the resident stated that the resident was never to be left unattended while out of bed; despite this order, an employee at the home reportedly took the resident to a bathroom, placed the resident on a toilet, and then stepped away to provide the resident some privacy. Reportedly, the employee was away from the resident for about five or six minutes before the employee heard a crash and returned to the bathroom.

During that time, the resident fell from the toilet and was knocked unconscious after striking his or her head. Employees transported the resident to a hospital attached to the nursing home where the resident survived for several days before succumbing to the injuries sustained in the fall.

In response to the death of the resident, the owners of the nursing home reportedly retrained staff on proper care procedures for at-risk patients but that is little comfort for the family of the resident who died in this fall.
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