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Convicted felons in Illinois nursing home facilities lead to abuse of residents

Background checks meant to protect Illinois nursing home residents from dangerous felons moving into a home often miss violent crimes, downplay the risk they pose to aging seniors and leave nursing home residents vulnerable to abuse, according to an investigative report by the Chicago Tribune.

The Chicago nursing home neglect and abuse lawyers at Abels & Annes continue to monitor the issue of unqualified employees or residents — including convicted felons — being hired by or housed in Illinois nursing homes and elder care facilities.

The average cost of nursing home care in this country hovers around $6,000 per month. Half of the nation’s 18 million nursing home beds are operated by large chains and two-thirds of all nursing homes are for-profit companies.

The Tribune investigation found some residents who had a history of violent crime went on to commit assaults or other serious crimes inside the homes where they lived.

Illinois became the first state to require background checks for all residents as part of a 2006 law meant to address the growing number of mentally ill felons entering the state’s nursing facilities. The checks are used to screen high-risk individuals who require close monitoring or private living quarters.

But the Tribune’s review of 45 recent cases found many instances of incomplete assessments that left out crucial details, including criminal convictions. The report also found long delays in completing the checks — sometimes resulting in felons living among residents for more than a year.

And of the more than 3,000 convicted felons living in Illinois nursing homes this summer, less than 30, or 1 percent, were classified as high-risk, which requires homes to place them in single rooms near nurses’ stations.

Two-thirds — a total of 2,077 felons — were classified as “low risk,” meaning the nursing homes are permitted to treat them no different than residents without criminal records.

With the aging Baby-Boomers set to further crowd a system that is a routine target for state and federal budget cuts, more and more Illinois residents will be forced to rely upon the state’s nursing homes for care. The federal government estimates that half of those over 65 will spend time in a nursing home.
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Illinois nursing home neglect and abuse lawyers monitor social networking’s impact on elder-abuse cases

Family members of nursing home neglect and abuse victims are seeking solace from one another through online social networking sites like Facebook, Twitter , YouTube and MySpace.

The Illinois nursing home neglect and abuse lawyers at Abels & Annes continue to monitor the impact of social networking sites on personal injury and wrongful death cases, both in the Chicago area and across the country.

While these virtual support groups no doubt provide emotional support for victims’ families, there is also a cautionary note: Information posted on sites like Facebook and MySpace is increasingly finding its way into a courtroom. If you are involved in a case, it is generally not a good idea to discuss it online. A good rule of thumb is to never post anything online that you would be uncomfortable answering for in a courtroom.

That said, such virtual support groups are providing meaningful relief for families dealing with the neglect or abuse of a loved one who was entrusted to a professional nursing home or elder care facility.

The Minnesota Albert Lea Tribune published a story this weekend about social networking’s impact on a horrific nursing home abuse case in which several teenage girls are accused of sexually abusing and humiliating Alzheimer’s patients in the Good Samaritan Society nursing home.

The families of the alleged abuse victims have formed under a group called Families Against Nursing Home Abuse, opening pages on Facebook, Twitter and MySpace. They also have videos on YouTube. One writes a blog.

At these sites, people can read reactions to elder abuse and get to know the alleged victims of abuse in words and photos.

Jan Reshetar, co-founder of the group, said she and the others decided to branch out to these Internet sources to enact changes on the local, state and national level.

“We’re trying to get the community involved,” Reshetar told the newspaper. “We’re trying to get the attention of our local people.”

Then, hopefully, once people get involved, they will call their state and national representatives and senators and voice their concerns.

At her blog, Reshatar wrote: “It’s been over one year since we first got the phone call that Mom ‘may or may not, be a victim of what may or may not be abuse.’ It’s been over 12 months … over 365 days … over 8,760 hours … over 525,600 minutes … over a lifetime ago.”

The Facebook page can be found at Facebook.com
The Twitter, MySpace and YouTube pages can be found by doing a search. In most cases people have to be a member of the Web site to access them.
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Woman accused of death in Chicago-area nursing home neglect case to face fewer charges

A Bensenville nurse’s assistant will face far less time in prison after prosecutor’s dropped half the felony charges against her because of a legal technicality.

The 24-year-old woman is accused of improper care at an Itasca nursing home that led to a resident dying after wandering outside in the cold. She faces five years in prison — instead of the original 14– if convicted of the remaining elderly neglect and obstructing justice charges, according to an article in Daily Herald.

The Chicago nursing home abuse and neglect lawyers at Abels & Annes monitor such cases to better assist clients who seek to recover damages for nursing home neglect or abuse. The proper supervision of nursing home residents is critical to their well-being and one of the primary reasons loved-ones seek professional care for an aging parent or grandparent.

In this case, the accused nursing assistant has remained in jail since March 4. She is accused of failing to check on an 89-year-old resident after an alarm alerted staff that an outside door had opened at The Arbor nursing home in Itasca.

Four of the eight charges against her were dropped on Tuesday because of a legal technicality involving the legal wording of the state law regarding nursing homes.

Police say she turned off the alarm and went back to watching episodes of “Dog the Bounty Hunter,” according to the newspaper’s account. She also is accused of lying to police about finding the resident in her bed during a 3 a.m. well-being check.

The elderly resident, formerly of Chicago’s West Side, was wearing an electronic ankle bracelet because she suffered from dementia and was prone to wandering. Staff found per body in an outside courtyard in near-freezing temperatures.

Her daughters have filed a wrongful death suit.

The paper reported the nursing home fought moves by opposing attorneys to photograph and document the nurses’s station, television area, the resident’s room and the hallway leading outside.

An estimated 18 million nursing home beds are operated in this country — half by large chain corporations and two-thirds by for-profit companies. The government estimates almost half of those over 60 in 1990 will spend time in a nursing home.

If you are faced with placing a loved one in a nursing home, the State of Illinois offers a number of resources.

Click here for advice on finding an Illinois nursing home through the Illinois Department of Public Health.

And click here for reports of Illinois nursing homes with recent violations.
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Chicago nursing home faces neglect lawsuit stemming from death of a resident in stairway fall

A Chicago nursing home faces a lawsuit filed by a Harvard women who claims the home did not do enough to prevent her mother from dying from a fall. Jennifer Bowden of Harvard is suing Sacred Heart Home in Chicago, according to an article in the Northwest Herald. Bowden’s mother, Kathleen Koch, fell in a stairwell at the home and died eight months later at 61 years old. She suffered a broken back, head injuries and paralysis as a result of the fall.

The case alleges the staff at the home should have better supervised Koch, who had been diagnosed with bipolar disorder and schizophrenia. Yet her room was not near a nurses station and she was allowed into the stairwell unsupervised, according to the newspaper’s account of the lawsuit.

Sacred Heart Home declined comment on the matter.The aging Baby Bommers and a tight economy, which has led to state and federal cuts in subsidized elder care, are just two of the factors that will continue to put the burden of monitoring the care of a loved one on the shoulders of his or her family.

Nationwide, there are 1.8 million nursing home beds in 17,000 facilities. Half are part of large chains and two-thirds are operated for profit, according the federal statistics. The government estimates that almost half (43 percent) of those over 65 in 1990 will spend time in a nursing home.

The Illinois nursing home neglect and abuse lawyers at Abels & Annes work to help loved ones determine whether the circumstances of a family members injuries or death in a nursing home rises to the level of neglect or abuse.

The Chicago nursing home neglect and abuse lawyers at Abels & Annes want you to know there are resources available when considering a nursing home:

Click here for advice on finding an Illinois nursing home through the Illinois Department of Public Health.

And click here for reports of Illinois nursing homes with recent violations.
Continue reading “Chicago nursing home faces neglect lawsuit stemming from death of a resident in stairway fall”

Chicago nursing home neglect and abuse lawyers monitoring impact of state budget on elder care in Illinois

The Chicago nursing home abuse and neglect lawyers at Abels & Annes continue to monitor changes in elder care at the state level that could impact the welfare of your loved ones in Illinois nursing homes.

The American Association of Retired Persons issued a statement last week decrying the impact of the new state budget on elder care and an Illinois newspaper slammed a court ruling against hiking fines against nursing homes for serious violations of care standards.

You heard that right. The state is making drastic cuts to elder care to balance its budget even as its court system ruled it cannot raise fines for abuse and neglect violations to generate income.

“By neglecting the needs of hundreds of thousands of Illinois residents, children, families and the elderly, this budget puts our state’s worst foot forward,” said Bob Gallo, state director for the AARP in Illinois. “At a time when people need state programs the most, like those that help people have access to healthcare and relief from high prescription drug costs, this budget pulls the rug out from underneath them.”

Among the cuts opposed by the AARP:

-Community care programs slated to be cut in half, leaving 26,000 without the care they need to remain in their communities and subjecting them to more costly instituional care, such as nursing homes.

-Eliminating the Elder Abuse and Neglect Program — meaning 11,000 cases won’t be investigated.

-Closing all four Illinois veteran’s homes.

– Cutting home services for the disabled.

Meanwhile, the Peoria Journal Star points to a ruling from a Sangamon County Judge earlier this year that limits the Illinois Department of Public Health’s ability to issue fines to $10,000 per incident of abuse or neglect.

The paper notes fines were increased under former Gov. Blagojevich and were opposed in court by nursing homes that were fined for infections, beatings and health problems that led to the deaths of residents.

“We’re told by those who represent residents’ concerns at the 114 nursing homes in the Peoria region that the average price of a private-pay nursing home approaches $5,000 a month,” the paper wrote in an editorial. “If the maximum fine for any offense, no matter how extreme, is $10,000, then a mere one month’s rent of one double-bed room covers it. That’s a slap on the wrist that is unlikely to induce a substandard facility to get any better.”

With the aging of Baby Boomers, the state and federal resources for elder care should be expanding. Instead they are shrinking — which in and of itself can lead to substandard care, overcrowding, and neglect or abuse.

Thus, the responsibility for researching a potential home for a loved one increasingly falls on the public.

The Illinois Department of Health offers a number of resources:

Continue reading “Chicago nursing home neglect and abuse lawyers monitoring impact of state budget on elder care in Illinois”

Chicago Man Killed In Fall From Nursing Home Window

In Chicago, Illinois an 84 year old nursing home resident died Monday night after falling from a nursing home window, according to the Southtown Star. The deadly accident happened at Alden Wentworth Rehabilitation and Health Care Center, located at 201 W. 69th Street on the South Side. The resident, Benny Saxon, fell from a 4th floor window around 6:30 p.m. He reportedly suffered from dementia and was recently having problems.

The nursing home resident was taken to St. Bernard Hospital and pronounced dead less than an hour later. Wentworth detectives from the Chicago Police Department are investigating the death.

At some point, it is a good bet that a Chicago Nursing Home Lawyer is going to take a look at the case. The question is going to be how a patient with dementia and other problems had access to an open fourth floor window, and further if there was negligence on the part of the nursing home facility for not protecting the resident from the danger.

Click here to read the entire story.

Chicago Area Nursing Home Sued For Negligence

In Chicago, Illinois a south suburban nursing home has been sued in the Circuit Court of Cook County, Law Division, for nursing home neglect, according to CBS News. A nursing home resident with dementia was allegedly found lying on train tracks and suffering from exposure after walking away from a field trip to an area high school in December of 2007. The lawsuit alleges the resident was left with visible injuries and was out in the cold for eight hours.

The lawsuit alleges that the Orland Park nursing home did not properly watch her on the trip, failed to assess the risk of her wandering away, failed to have adequate staff present on the field trip, and did not react adequately once they discovered she was missing. The suit seeks damages in excess of $50,000.

Click here to read the entire story.

Nursing Home Wrongful Death Lawsuit Filed

A lawsuit has been filed in Parkersburg, West Virginia alleging that inadequate care at a nursing home resulted in the death of one of it’s residents, according to the West Virginia Record. The suit was filed by a Wood County woman on behalf of the estate of her mother.

On April 15, 2009 the suit was filed in Wood Circuit Court against Ohio Valley Nursing Home, Inc. The lawsuit alleges the deceased resident sustained injuries from substandard care, neglect and abuse at the nursing home, including infections, weight loss and pain. The complaint also alleges delays by the nursing home staff in reporting infections to physicians, resulting in delays in medical treatment. The delays allegedly caused or contributed to the resident’s death.

The plaintiff is looking to recover medical expenses, funeral costs, and for the mental pain and suffering of losing her loved one. She is also looking to recover court costs and attorneys fees. The nursing home’s administrator has been named as a co-defendant in the lawsuit.

If you believe a loved one in your family has been the victim of nursing home neglect or abuse in the Chicago area, contact an Illinois Nursing Home Lawyer at Abels & Annes for a free consultation.

Murder At Chicago Area Nursing Home

In the Chicago area south suburb of Burnham, Illinois, it is being reported by the Chicago Sun-Times that a nursing home resident who died almost two weeks ago was murdered. The victim who resided at a nursing facility at 14500 S. Manistee Avenue past away from multiple injuries sustained in an attack.

He later died on April 1, 2009 at South Shore Hospital. Local authorities have ruled the death a homicide. Illinois State Police are now involved in the investigation.

The death was ruled a homicide after an autopsy was performed by the Cook County Medical Examiner’s office. The victim also suffered from hypertension and diabetes.

It has not been reported yet how the attack took place. However, the fact that the attack took place at all is a strong evidence of nursing home neglect and/or abuse. It is very likely that the family of the victim will soon retain a Chicago Nursing Home Lawyer to review the case.

California Nursing Home Hit With $80,000 Fine For Death Of Patient

A Fresno, CA nursing home has been fined eighty thousand dollars for the death of a patient around four months ago, according to the LA Times. The deceased, a 54 year old schizophrenic patient choked on his food. The hospital allegedly knew that the man had trouble swallowing, and his food was always supposed to be served chopped or sliced. On the date in question, the nursing home served him meatballs that had not been cut up and he choked to death.

The death took place at the Raintree Convalescent Hospital. The nurse and the cook both admitted they should have chopped up the food, and that they simply forgot to do it that day. They were both fired by the home after the accident.

After being served the meal, the victim reportedly came out of his room unable to speak, and the nurse attempted the Heimlich maneuver. Paramedics were able to suction the meatball out, however he was pronounced dead a short time later at an area hospital.

An investigation by the California Department of Public Health found that the home knew of the patient’s problem. State authorities then fined the nursing home $80,000.

The nursing home has been given a one star rating out of a possible five on the new federal rating system run by Medicare and Medicaid services.

If you think your loved one has been abused or neglected in an Illinois nursing home, contact Abels & Annes for a free consultation.