Joliet Nursing Home Accused of Negligence in Cook County Lawsuit
April 8, 2013 |A 49-year-old man who suffers from paralysis of half of his body has filed a negligence lawsuit against a Joliet nursing home. The Cook County Circuit Court case alleges Hillcrest Nursing and Rehabilitation Center failed to reposition the man frequently enough and he developed pressure ulcers as a result. According to the lawsuit, the man was later forced to undergo the amputation of most of his left leg after facility employees failed to adequately monitor his condition and one of the bedsores became seriously infected. The man’s sister-in-law stated the 49-year-old was able to walk with assistance when he entered the Joliet skilled nursing facility. Unfortunately, because the man’s paralysis affects his right side he is reportedly no longer able to walk. His sister-in-law claims the former Hillcrest Nursing and Rehabilitation Center patient also lost much of his independence and mobility as a result of the leg amputation. She also added that the man was gravely ill and it was unclear whether he would survive when he was removed from the nursing home’s care. Prior to filing his lawsuit, relatives of the 49-year-old man reportedly filed a complaint regarding the skilled nursing facility with the Illinois Department of Public Health. Following an investigation, the care center was apparently cited for a number of violations and fined more than $31,000. In 2011, 23 additional instances of physical and sexual abuse of residents were also allegedly uncovered at the nursing home within a period of five months. Illinois officials are purportedly investigating two suspicious deaths that took place within six months of one another at the facility as well. The Hillcrest Nursing and Rehabilitation Center has reportedly lost its federal Medicaid and Medicare certified status and is in the process of fighting to maintain a license to operate in Illinois. A certified […]
A nursing home patient in Peoria was recently treated at a hospital after she was hurt by a fellow resident. According to the Peoria Police Department, the 44-year-old woman was knocked down and injured by a 53-year-old male amputee who is confined to a wheelchair. The man allegedly struck the woman on purpose in a hallway at the Sharon Willow South Nursing & Custodial Care Center. Following the purported incident, the 44-year-old was transported to Proctor Hospital for medical care. After the woman was treated for alleged scrapes, as well as head and back pain, she was reportedly released from the hospital. The Peoria Police Department has not stated whether the 53-year-old man, who allegedly suffers from depression, will be charged in connection with the incident. In 2010, the Governor of Illinois signed into law amendments to the Nursing Home Care Act. The changes compelled nursing homes to implement a number of new safety measures designed to protect the residents of long-term care facilities from being abused. In addition to increasing nurse and other direct care worker staffing requirements, the legislation mandated the hiring of additional state nursing home inspectors. In an effort to increase the safety of long-term care patients, the Nursing Home Care Act now requires skilled nursing facilities to perform a thorough background check on all new residents prior to admission and maintain a certain level of separation between patients with a criminal past or a history of mental health issues and other residents. Previously, patients could be housed in close proximity to the mentally ill or a resident with a violent criminal past. The new screening requirements were reportedly implemented to reduce potentially dangerous interactions among residents. As this sad case demonstrates, nursing home residents may be abused by other patients or facility employees despite a […]
An unusually large number of deaths over the last several months at a nursing home in Champaign have apparently prompted an inquiry. According to one report, as many as 60 residents died in the months of December, January, and February combined. Champaign County Nursing Home Administrator Karen Noffke allegedly stated 42 deaths took place at the home between December 1st and early March. She also said 27 of those deaths included individuals who were receiving hospice care. In contrast, the nursing home reportedly averaged about 5 resident deaths per month between January and November 2012. The facility’s manager, Scott Gima, said he plans to analyze the mortality data to determine whether any specific health trends, such as a pneumonia outbreak, have affected the nursing home. Still, Gima reportedly believes the Champaign County Nursing Home patient death rate is high as a result of the increased number of hospice patients in the facility’s care. He also stated that a respiratory-therapy program was recently suspended until a new therapist can be found. The overall number of residents at the Champaign County Nursing Home has reportedly dropped by 20, or about 10 percent, since December. County Board Members Peter Czajkowski and Robert Palinkas expressed concern over the nursing home’s mortality data. Czajkowski stated he believes the rash of deaths merits serious investigation. Palinkas also suggested that the overall death data should be analyzed for errors. Two other Board Members also echoed their sentiments. In response, Gima told the County Board of Directors that a comprehensive nursing report will be made available to them within the next few weeks. Although most nursing homes in Illinois provide quality patient care, there is always room for improvement. Unfortunately, some skilled nursing facilities choose to cut corners through personnel and other direct-care expenses. When a nursing home […]
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 […]
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 […]
According to a report released in February by the Department of Health and Human Services’ Office of the Inspector General, the nation’s Medicare program paid an estimate $5.1 billion to substandard nursing homes in 2009. Although the report did not single out individual facilities, an estimated one-third of patients who moved into a skilled nursing facility in 2009 were cared for by a facility that was not meeting basic federal requirements. The report claims residents in some nursing homes were subjected to dangerous or neglectful circumstances as a result. The Office of Inspector General’s report was created using a sample of the approximately 1.1 million elderly patient visits to nursing homes funded by Medicare in 2009. The report sampled the medical records of 190 patient visits that lasted at least three weeks at skilled nursing facilities in 42 states. The report claims the overall findings raised questions regarding what services Medicare is actually funding and recommended that the nation’s Centers for Medicare & Medicaid Services (CMS) begin to tie federal payments to a facility’s ability to meet basic resident care requirements. Federal law requires all certified skilled nursing facilities to create a written care plan tailored to each resident’s individual needs. Still, many nursing homes are allegedly not only failing to provide patients with the assistance they require, but are instead placing them at risk at the expense of taxpayers. The report alleges that patient health problems were not addressed in about 20 percent of nursing home stays. In addition, many residents reportedly received unnecessary therapies in order to boost the Medicare rate paid to long-term care facilities. A CMS official stated the agency is currently reviewing its regulations in an effort to improve enforcement at skilled nursing facilities across the country. In addition, CMS agreed to consider whether Medicare […]
Researchers from the University of Missouri claim health information technology can have a dramatic impact on nursing home resident care and patient privacy. In an article published in the January issue of the International Journal of Industrial Ergonomics, researchers reportedly compared the care received by patients at nursing facilities with differing levels of information technology sophistication. According to lead study author Gregory Alexander, Professor in the Sinclair School of Nursing, most communication in long-term care facilities does not occur at nursing stations where computers are normally placed, but instead at a resident’s bedside. The study authors also allegedly found that face-to-face dialogue among skilled nursing facility staff decreased when more sophisticated information technology was utilized by caregivers. Researchers reportedly believe that using information technology tools instead of written notes and verbal dialogue to coordinate resident care allows nursing home staff to not only avoid potential misunderstandings, but also increase patient privacy. The research came about as part of a Centers for Medicare & Medicaid Services project designed to reduce rehospitalization rates among skilled nursing facility patients. Researchers reportedly hope the information obtained from the study will provide insight into the best way for direct care staff to communicate nursing home resident needs to one another and medical professionals. In the future, the study authors purportedly plan to examine how a decreased reliance on face-to-face communication affects not only patient care but also skilled nursing facility employee relationships. Most skilled nursing facilities located in the State of Illinois are under contract to receive Medicare and Medicaid funds. As a result, nurses, direct caregivers, and others who are employed at such nursing homes are required to adhere to both state and federal laws. Despite that most nursing homes in Illinois provide quality patient care, there is always room for improvement. In addition, […]
In 2013, about 3.3 million senior and disabled Americans are expected to reside in one of the almost 16,000 skilled nursing facilities across the country. This means about one in seven individuals over age 65 will live in a nursing home this year. In addition, at least one in five elderly citizens over age 85 is expected to reside in a long-term care facility in 2013. A Best Nursing Homes database recently compiled by U.S. News & World Report was allegedly designed to make selecting a quality nursing home easier on American families. The Best Nursing Homes database was purportedly created using information from the federal Centers for Medicare & Medicaid Services’ (CMS) Nursing Home Compare website. The searchable database reportedly utilizes CMS inspection data and federal ratings for certified nursing homes across the country to provide consumers with pertinent information regarding the various facilities. A certified facility receives federal Medicaid and Medicare funds and is subject to both state and federal regulation. Although not required, most long-term care facilities in Illinois are certified. According to the database, more than 3,000 nursing homes across the country currently enjoy a five-star rating from federal inspectors. Unfortunately, a large disparity in the number of highly rated skilled nursing facilities exists across state boundaries. With 312, California has the most nursing homes with a five-star rating from the federal government. Illinois currently ranks third in the nation with 156 five-star facilities. Sadly, four states and the District of Columbia reportedly have fewer than 10 highly rated skilled nursing facilities. CMS inspection ratings are based upon a number of factors including health inspection results, nurse staffing levels, and 18 clinical data indicators. Skilled nursing facilities are normally inspected once every 12 to 15 months and in response to specific complaints. In order to achieve […]
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 […]
The National Center on Elder Abuse estimates that approximately one million seniors are abused or neglected across the United States each year. Sadly, experts allegedly believe such abuse is highly underreported. Too often, abuse by a caregiver may be simply overlooked. A number of warning signs should raise red flags for the families of individuals who reside in nursing homes in Illinois and across the nation. First, family members of elderly and disabled skilled nursing facility residents should keep an eye out for any marked physical or emotional changes in their loved one. It is important to take note if a friend or relative becomes withdrawn or stops taking part in activities he or she previously enjoyed. Fear, unexplained weight loss, and symptoms of depression may also become apparent. If a loved one is being physically abused or neglected, he or she may suffer broken bones, bedsores, and unexplained bruises. Although some of these symptoms may simply be a normal part of the aging or disease process, it is always a good idea to watch how nursing home staff interacts with your family member during unexpected visits. Another potential red flag occurs when facility staff regularly cannot or refuses to answer any questions about a loved one’s care. In addition, a refusal or lack of interest on the part of a skilled nursing facility to address any health issues such as unexplained weight loss may be cause for concern regarding the quality of care your family member is receiving. Sometimes, staff at a nursing home will undoubtedly be busy or in the midst of a stressful event. If workers at a facility always seem frantic or have a bad attitude, however, it is important to take note. In addition, chronic understaffing and high turnover rates can also signal underlying problems […]