Category: Illinois Nursing Homes

Last fall, the Illinois Supreme Court held that a binding arbitration agreement signed by the adult child of a deceased nursing home resident did not preclude the child from filing a wrongful death lawsuit against the facility. In the case, a woman filed a lawsuit seeking damages from an Odin long-term care facility following the death of her mother. According to the woman, her mother’s death resulted from the negligent care the deceased woman allegedly received at the facility. The Illinois high court held the child’s wrongful death case could proceed despite the existence of the agreement.

Although the United States Supreme Court recently instructed West Virginia’s high court to re-examine a similar case because the state court erroneously applied federal law, the Illinois court distinguished the two situations. According to the Illinois Supreme Court, the Illinois woman’s lawsuit was not based on the Federal Arbitration Act but instead on common law contract principles. The Illinois court stated the agreement to arbitrate did not preclude the lawsuit because the woman did not file the wrongful death case on her mother’s behalf. Instead, the court held she sought damages on behalf of the deceased woman’s next of kin. The Illinois Supreme Court then remanded the case for trial.

Following the Illinois high court’s decision, the nursing home reportedly asked the U.S. Supreme Court to hear the case. According to the facility, state supreme courts are currently divided regarding whether wrongful death claims are subject to binding arbitration where an agreement to arbitrate was in place. The nursing home allegedly believes the uniform Federal Arbitration Act has precluded state courts from allowing wrongful death trials to proceed where nursing home residents are required to sign an arbitral agreement prior to receiving care.

As loved ones age or become disabled, many families throughout Illinois turn to long-term care facilities for assistance. Sadly, it can be difficult to continuously monitor the quality of care your loved one receives in such an environment. Federal standards require nursing homes that receive federal Medicaid or Medicare funds to maintain each patient at the same level of health he or she exhibited upon entering the facility. If a resident’s condition worsens, the skilled nursing facility is required to work towards restoring the patient to his or her original condition. Too often, the neglect or abuse of a nursing home resident can have irreversible and fatal consequences. If you believe your friend or family member suffered neglect or abuse while a patient in an Illinois skilled nursing facility, you are advised to speak with a quality lawyer to discuss your concerns.
Continue reading “Odin Nursing Home Asks U.S. Supreme Court to Decide Whether Wrongful Death Lawsuit is Subject to Binding Arbitration”

Making the decision to place a treasured senior or disabled loved one in a nursing home can be tough. Once the choice is made, however, it is important to select the right facility based on your family member’s wishes and his or her individual needs. In order to keep your loved one safe and happy, there are a number of important factors to keep in mind when choosing a long-term care option.

First, it is always a good idea to select a skilled nursing facility that is accessible to as many friends and relatives as possible. This will make it easier to monitor the care your family member receives. In addition, it is important to ensure the nursing home you choose is capable of successfully managing any chronic conditions such as Alzheimer’s disease that your loved one may suffer from. Finally, any facility costs should be manageable within your family’s budget when factoring in savings, Medicare or Medicaid, and other available insurance payments.

After you have narrowed down your list of potential nursing home candidates, further research is still required. A variety of online databases allow families to view certified skilled nursing facility inspection and deficiency reports online. Facilities that are certified to accept federal Medicare and Medicaid payments are provided with a one to five star ranking based upon a number of quality measures. In general, nursing homes are classified based on the number of registered nurses on staff, the facility’s health and safety record, and a number of other key behavioral and medical factors.

Finally, you and your loved one should visit potential nursing homes in order to see if a facility is a good fit. It is important to visit each home that is being considered on more than one occasion and be sure to ask some tough questions before making a final choice. In addition, you should look out for possible safety hazards such as loose or frayed carpets and watch how nursing home staff interacts with residents. In order to protect your loved one’s health and safety, it is especially important to pay close attention to the number of direct care workers employed by a skilled nursing facility. Insufficient staffing levels are a common cause of nursing home neglect or abuse.

The Illinois Nursing Home Care Act required nursing homes and other long-term care facilities to increase staff numbers to a level that is sufficient to fully meet the needs of all residents. The law required all skilled nursing facilities in Illinois to provide at least 2.5 hours per day of direct care staffing for every resident by July 1, 2010. In addition, nursing homes operating in Illinois must provide 3.8 hours of direct care staffing for each patient by January 1, 2014.
Continue reading “To Protect Loved Ones, Many Factors Should Be Considered When Choosing an Illinois Nursing Home”

Two women were recently charged with aggravated battery after they allegedly beat a 78-year-old nursing home resident in Caseyville. According to the Caseyville Police Department, two East St. Louis women removed the handicapped skilled nursing facility patient from the Caseyville Nursing & Rehab Center on March 1st. After authorities reportedly responded to a disturbance call, the 46-year-old and 43-year-old women were arrested in the care facility’s parking lot. Bail was purportedly set at $50,000 for both women charged in connection with the alleged beating. The women are currently being held in the St. Clair County Jail. Following the alleged abuse, the elderly nursing home resident was reportedly treated at Memorial Hospital in Belleville.

In 1988, the Illinois Elder Abuse and Neglect Act was passed in an effort to respond to any instance of abuse of an elderly person who resides in the state. Under the Act, the Illinois Department of Public Health was tasked with investigating and responding to reports of senior citizen neglect or abuse in a skilled nursing facility setting. Since 1999, medical, law enforcement, and social service professionals must report any instances of suspected abuse or neglect of an elderly person who cannot report the abuse without assistance. In addition, such professionals may also voluntarily report any suspected senior citizen mistreatment.

In 2010, the Governor of Illinois signed into law a number of skilled nursing facility safety measures designed to protect patients residing in long-term care facilities from abuse. The law increased nurse staffing requirements, directed nursing homes to perform thorough background checks on new residents, and mandated the hiring of additional nursing home inspectors.

Although it is unclear what relationship the two women accused of abuse in this instance had with the nursing home or their alleged victim, this sad case demonstrates that elder abuse may still occur despite a number of laws designed to protect seniors. It is important to remember that nursing home abuse may include physical violence, withholding of medication or food, and simple neglect. In too many cases, skilled nursing facility abuse results from incompetent and poorly trained staff. If you suspect an elderly friend or loved one is being abused, you should speak with a capable nursing home abuse and neglect lawyer about your concerns.
Continue reading “Two Women Accused of Abusing Handicapped Caseyville Nursing Home Resident”

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.
Continue reading “Worker at Urbana Assisted-Living Facility Charged With Stealing From Elderly Residents”

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.
Continue reading “Unattended Elderly Dementia Patient Goes Missing From New Athens Nursing Home”

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.
Continue reading “Caregiver at Batavia Assisted-Living Facility Accused of Stealing from Residents”

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.
Continue reading “Madison County Lawsuit Claims Neglect Led to Death of Alton Nursing Home Resident”

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.
Continue reading “West Suburban Senior Services Opens Elder Abuse Forensic Center in Forest Park”