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Nursing Home Fined After 4 Die from Pneumonia

An outbreak of a respiratory illness that led to pneumonia occurred in a Connecticut nursing home and claimed four lives before it was controlled. Now that nursing home has been fined $2,000 in connection with the handling of the outbreak after the Connecticut Department of Public Health determined errors occurred.

The Durham nursing home had 10 percent of its residents contract pneumonia by April 15 but did not report the condition as an outbreak until nine days later on April 24. The disease continued to spread until 20 percent of the residents and three staff members were ill by April 30. Of the residents who became ill, four eventually died in late April at the nursing home or at area hospitals. Reports indicate that all four had underlying problems at the time of their deaths but that their deaths were due to pneumonia.

The nursing home reportedly addressed the outbreak internally on April 24. At that time, employees were instructed to perform extra cleanings in the common areas and they were given instructions on how to limit the spread of the disease. Though the training was provided, the Department of Public Health has alleged that appropriate measures were not practiced and therefore the pneumonia continued to risk the health of residents. According to the citation, the employees did not quarantine those who were already sick and that staff did not wear masks while caring for the ill.

The elderly, together with young children and those with underlying health conditions, are at the greatest risk for contracting pneumonia and also the greatest risk of dying from the disease. This is one of the reasons that the pneumoccocal polysaccharide vaccine is recommended for all Americans over age 65. Though there is a vaccine for pneumonia, it is important to remember that the vaccine is only effective against 23 strains of bacterial pneumonia and that it is effective for only 60-80 percent of adults who receive it. This means that even if an elderly nursing home patient receives the vaccination, there is still a great need to exercise caution around anyone sick with pneumonia. In this case, the employees reportedly failed to take the necessary steps to prevent the spread of the disease and as a result more vulnerable residents became ill. Four of them were too ill to recover.
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Transmitter Bracelets May Help Illinois Police Find Missing Nursing Home Residents in the Future

The Virginia Beach Police Department has announced that a local assisted-living facility will be the first in the area to use new technology in an effort to keep track of residents who may be at risk for going missing. Kings Grant House has reportedly partnered with the non-profit Project Lifesaver program to automatically enroll about 20 residents in a six-month tracking bracelet pilot program. A transmitter on each bracelet purportedly allows local police to track missing elderly residents using a fixed radio signal.

According to the program’s coordinator, Officer Allen Perry, Virginia Beach police have successfully used transmitter technology to search for at least 100 missing individuals who voluntarily sought out the device since 2005. Now, the 20 assisted living facility residents who suffer from Alzheimer’s disease, Autism, and dementia disorders will reportedly have another tool to ensure their safety. Although the city normally charges a monthly fee for a transmitter, no one will be charged during the pilot program. In addition, a local non-profit organization normally pays the monthly fee for community members who cannot afford it. Officer Perry stated almost 300 community members including the Kings Grant House residents are now enrolled in the Virginia Beach Project Lifesaver program.

According to Marj Pantone, Kings Grant House Administrator, the families of residents who will take part in the program have been supportive of using the new technology. Still, Pantone said nothing is foolproof and the facility will maintain its security personnel as well.

As beloved relatives age or become disabled, many Illinois families turn to long-term care facilities for help. Even the most dedicated family member will have a difficult time providing around the clock care for an unpredictable Alzheimer’s or dementia patient. At all times, skilled nursing facilities in Illinois are required to have enough direct care staff on hand to ensure your loved one is safe and accounted for. When an Illinois nursing home fails to ensure that patients who are at-risk of becoming lost are safe, the institution may be guilty of negligence. If your loved one was hurt or died as a result of skilled nursing facility negligence, you should contact an experienced Illinois nursing home abuse and neglect lawyer immediately.
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Former Nursing Home Director Arrested for Falsifying Documents regarding Missing Resident

A former director of a nursing home in New York has been arrested and charged with falsifying documents related to a missing resident, according to the New York attorney general’s office. The criminal complaint alleges that a 74-year-old man went missing from the nursing home that the former director ran on May 26, 2013. The resident suffers from dementia and high blood pressure and has not been seen since his disappearance.

When the director realized the resident was missing, she failed to call 911 or even police to report the information. Instead she allegedly removed notes from the man’s medical records and told employees not to call the police. The woman also instructed an employee to document that the resident left the facility voluntarily and against medical advice and that on May 29, she verbally told an inspector from the attorney general’s office that the resident left on his own.

The resident was finally reported missing by the facility on May 30 and he has not yet been found but authorities are very concerned due to his impaired mental state and need for medical attention. The former director now faces charges including endangering the welfare of an incompetent or physically disabled person, falsifying business records, and willful violation of the health laws. If convicted on all counts, the woman will face up to four years in prison.

Residents of nursing homes are some of the most vulnerable members of our society and they deserve the utmost care and concern. Yet the director of the nursing home involved in this incident allegedly refused to admit that an error occurred and instead took active steps to conceal the incident. Instead of reporting the man missing immediately, the man was not reported for four days, making any attempt to locate him more difficult and placing his health and safety in significant danger.

Many residents of nursing homes suffer from mental impairments like dementia or Alzheimer’s disease that cause them to be confused about where they are or where they should be. Some of these individuals may attempt to wander away from the home if they fail to recognize the nursing home or its employees or if they attempt to return to a previous home, like a house in a neighborhood they lived in for much of their lives. Employees and directors of nursing homes are charged with keeping their residents safe, and this includes preventing the residents who are unable to care for themselves from wandering away or leaving the home. Failing to do this is negligent and can make a nursing home, its employees, and its owners liable for injuries or even death that occur to the resident.
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Nurses Charged for Falsifying Documents in Nursing Home

Two nurses who worked for a New York nursing home have been charged with falsifying documents when faced with a health inspection. Though this particular incident happened in New York, it is similar to those that occur in Illinois and it highlights the priorities that are placed upon some nursing home employees – to cover up for the nursing home even if it means endangering the safety of its residents.

The incident in New York began in March, 2011 when the New York State Health Department made a surprise visit to a nursing home facility. The health department was there to inspect the facility and to make sure that it was running in accordance with the applicable guidelines and codes. However when inspectors arrived, the director of nursing for the home reportedly called a meeting and encouraged another nurse to help her fill in blank forms, indicating that patients had received prescribed medication already when in fact none had been given.

Some time after the inspection, a complaint was filed with the attorney general’s office, alleging the fraudulently filled out forms and the improper handling of patient medication. The attorney general began a review and investigation which culminated in charges leveled against the director of nursing as well as a nurse manager. The two women no longer work for the nursing home and have since claimed that they falsified the documents to protect the home and to prevent it from getting into trouble with the state.

As a result of the falsified documents, officials cannot determine if residents ever received their medication or if it was withheld from them. This has been troubling to the families of the residents, especially those who were on sensitive medication that needed to be administered at precise times and intervals. If these residents did not receive the proper dosage, it is likely that their health suffered to some degree. Those particularly at risk of medication errors include residents on anti-convulsants, or medications that treat and control seizures and other tremors, as well as patients on blood thinners and chemotherapy. In addition, any patient who was taking pain medication likely suffered in pain if they were not provided with the drugs they needed to keep them comfortable.
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Jury Awards $5.2 Million to Family of Nursing Home Neglect Victim

An Arkansas jury awarded $5.2 million to the family of a woman who died after nursing home employees failed to act on doctor’s orders.

The victim, a 76-year-old woman, entered a nursing home for 30 days of rehabilitation after suffering a stroke in 2008. Just over a week after her admission, the woman complained of severe pain, sweating, and an inability to have a bowel movement but her complaints were ignored by the nursing home staff. A doctor was called to examine her the next day and the doctor made a recommendation that the victim be transferred to an emergency room for evaluation and treatment. The order was passed on to an employee who was finishing a shift, so that employee faxed the order to another fax machine where the message was not seen.

The victim was never transferred to a hospital and remained in so much pain that she screamed throughout the day until she died later that night. The order to transfer her to an emergency room was found the day after the victim passed away.

The victim’s daughters filed a lawsuit that alleged negligent care and treatment that led to their mother’s death. After hearing the evidence in this matter, a jury returned a unanimous verdict finding that the nursing home guilty of negligence, medical malpractice, and a violation of the victim’s rights. The jury determined that the damages amounted to $5.2 million for pain and suffering as well as mental anguish that will go to the estate of the victim for the benefit of her beneficiaries.

Abuse of this type happens in Illinois all too often. Residents are ignored, forgotten, or intentionally neglected when they are in a life threatening situation. While many residents believe they will have only a short stay in a nursing home, the lack of care they receive might make that impossible, as it did for the victim in this case.

Nursing homes are governed by federal and state regulations and are required to provide safe care and treatment to residents. Illinois also has a law requiring mandatory reporting of suspected elder abuse by certain professionals, including doctors, social workers, and police officers.

However even though there are regulations and mandatory reporting requirements, nursing home abuse still happens all too frequently in Illinois. Abuse may occur in many forms, including of neglect or indifference towards the care of a resident, development of bed sores, injuries caused by falls or being dropped by nursing home employees, medication errors, and physical or sexual violence by employees against residents.
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Elder Abuse Trial Highlights Potential Dangers for Illinois Nursing Home Patients

As loved ones age or become disabled, countless families in Illinois and across the country turn to nursing homes for assistance. Unfortunately, it can be difficult to constantly monitor the quality of care your family member receives in such an environment. Sadly, trusting a nursing home to properly care for your beloved family member may result in tragedy.

A trial date was recently set for a former head nurse at a skilled nursing facility in Placerville, California who stands accused of felony elder abuse. According to Deputy Attorney General Steven Muni, the 59-year-old registered nurse violated her duty of care to a 77-year-old facility resident. The patient allegedly died as a result of neglect at the El Dorado Care Center in 2008. The nurse is also accused of failure to properly perform her duties and failure to supervise her staff. A trial date was set after an El Dorado County judge rejected the nurse’s request to dismiss the charges.

Last year, a former licensed vocational nurse reportedly agreed to a plea deal in connection with the same patient’s death. Because criminal prosecutions over nursing home abuse or neglect in California are rare, the criminal case is allegedly being monitored closely by both nursing home industry members and senior citizen advocates.

As was tragically the case in this instance, the neglect or abuse of a nursing home resident can have irreversible and fatal consequences. Federal standards require skilled nursing and other long-term care facilities that receive federal Medicaid or Medicare funds to maintain each resident at substantially the same level of health he or she exhibited upon entering the facility. If a patient’s condition worsens, the nursing home is required to work towards restoring the resident to his or her original condition.

State law requires skilled nursing and other long-term care facilities in Illinois to maintain high enough staffing levels to safely monitor and maintain the health of patients in the institution’s care. When a skilled nursing facility or one of the institution’s employees fails to ensure at-risk patients are properly cared for, the nursing home and worker may be guilty of negligence. If you believe your friend or relative suffered neglect or abuse while residing in a skilled nursing facility located in Illinois, you should discuss your concerns with a quality lawyer.
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Jury Awards $3.7 Million to Family of Nursing Home Patient Neglected in Colorado

A Colorado jury awarded $3.7 million this week to the family of a nursing home patient who died as a result of employee negligence.

The elderly woman entered the nursing home to recover from two broken ankles and all accounts indicated that the stay would be temporary. Reports indicate that she worked at the Colorado nursing home some thirty years before becoming a patient there.When she went into the nursing home, the woman had a catheter in place that remained there during her stay. The jury determined that the nursing home employees were negligent in monitoring the catheter as well as the woman’s overall health. As a result of the negligence, she developed a severe urinary tract infection that spread to her bloodstream and eventually caused her death. There were also allegations that the nursing home employees falsified documents to show they provided care to the woman when no care actually occurred, though it is unclear if the jury made a determination on this claim.

The victim’s daughter filed a lawsuit for damages which the jury determined to be $3.7 million – $200,000 for the daughter’s pain and suffering and $3.5 million as punitive damages against the nursing home. A spokesperson for the nursing home announced that they are still considering whether they will appeal part or all of the award.

Unfortunately this type of nursing home abuse and neglect happens in Illinois every day. Patients have a right to receive quality medical and nursing care but for a number of reasons, including financial incentive, understaffed homes, and lack of culpability, residents often receive substandard care that leads to injury and even death.

Many nursing home patients are unable to complain about the care they receive or do not have adequate means to make their complaints heard. This causes many cases of neglect and abuse to go unreported and uncorrected across the state. Often family members of nursing home residents are the first to suspect neglect or notice signs of abuse.

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Illinois Nursing Home Residents May be at Risk of Abuse

Authorities in Columbia, South Carolina are reportedly investigating allegations of assault that apparently resulted in the death of an elderly nursing home resident. According to the former resident’s son, the 90-year-old woman died less than six months after he made the difficult decision to place her in the Kingstree Nursing Facility. The patient’s son said he chose the facility after searching the area for a safe and clean skilled nursing home. The man stated this is a decision he now regrets.

The deceased woman reportedly entered the Kingstree Nursing Facility in May 2012. Soon after, her son claims he found her lying in her bed with a broken hip and numerous bruises across her body. According to her son, the woman claimed she was attached by two unidentified women. Her son apparently photographed the 90-year-old’s injuries and reported them to facility administrators. Although local law enforcement officers allegedly investigated the assault, no charges have yet been filed. According to the woman’s son, Kingstree Nursing Facility also conducted an investigation but has refused to release the results.

Last year, the same nursing home was apparently written up by federal investigators for failure to implement abuse and neglect policies and failure to report a resident head injury. According to the decedent’s son, having that information readily available would likely have prompted him to choose another care facility for his mother. Although such information may be obtained by filing a formal request, South Carolina’s Department of Health and Environmental Control (DHEC) does not currently post nursing home inspection results online. DHEC’s Director, Catherine Templeton, claims inspection data will be available on a website by the end of 2013.

Unfortunately, many nursing home residents in Illinois may be at risk for similar abuse. Most skilled nursing facilities in Illinois are under contract to receive federal Medicare and Medicaid funds. This means such institutions are required to adhere to both state and federal laws and are subject to inspection using federal guidelines. A number of federal databases currently make recent skilled nursing facility inspection information available to the public online. Although not all inspection information is available on the Internet, federal law requires that state inspection agencies and individual nursing homes provide inspection results to the public upon request. Sadly, the true risk of nursing home abuse and neglect is not always easy to identify using an inspection report. It is always a good idea for relatives to visit their loved ones regularly and closely monitor the quality of care a nursing home resident receives.
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Researchers Urge Nursing Homes to Use More Effective Measures to Prevent Spread of Deadly Bacteria in Illinois and Nationwide

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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Deficiency Reports for Nursing Homes in Illinois and Missouri Now Available Online

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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