The family of a 92-year-old Alzheimer’s patient recently filed a lawsuit against an Arlington Heights skilled nursing facility after the woman’s left ear required surgery as a result of becoming infested with maggots. The Lutheran Home for the Aged resident is reportedly unable to speak and the infestation was only discovered after she began tugging at her ear. Physicians at Northwest Community Hospital allegedly removed 57 maggots from the patient’s ear canal. Laboratory testing estimated the maggots were up to three days old at the time of removal. According to the patient’s daughter, the elderly nursing home resident requires periodic ear flushing and other treatments as a result of a previous surgery. In addition, the resident’s ear was reportedly treated for wax build-up nine days before the maggot infestation was discovered. Her daughter said the woman’s doctor prescribed ear drops that were designed to be administered four times daily in order to treat the malady. According to the long-term care facility, the drops were administered on schedule and the last dose was placed in the woman’s ear the night before the maggots were discovered. Her daughter stated she now questions whether the nursing home resident’s medication was ever administered. The elderly woman’s family filed a lawsuit against the Lutheran Home for the Aged seeking damages for negligence and emotional distress. Her daughter said although photos of the infestation were awful, listening to her mother scream while the maggots were removed was horrifying. Still, the nursing home’s administrator, Phillip Hemmer, maintains the facility’s staff did nothing wrong. According to Hemmer, a nursing assistant brought the infestation to the attention of a facility nurse who then notified the medical director at the nursing home. The medical director reportedly decided the patient should be examined by doctors at a local hospital. Hemmer said […]
Bed Rail Deaths Come Under Scrutiny in Illinois and Nationwide
December 11, 2012 |Bed rails often used as a safety measure in nursing homes across the country have recently come under scrutiny due to hundreds of reported deaths. According to data collected by the Consumer Product Safety Commission, more than 150 senior citizens and other long-term care facility residents died after becoming caught in side rails installed on their bed between 2003 and May 2012. In addition, about 36,000 nursing home residents were reportedly treated in hospitals for bed rail injuries during the same time period. According to officials at the nation’s Food and Drug Administration (FDA), the data collected from hospital and death records likely failed to represent the true number of such injuries because in many cases references to bed rails may not have been included on death certificates or in patient medical files. In 1995, the FDA reportedly issued a safety warning regarding the dangers associated with the use of bedrails in nursing homes and other care facilities. The organization failed to require safety labeling of the products, however, and voluntary bed rail safety guidelines were not established until 2006. The guidelines include recommendations regarding maximum gap size, instruct care facilities on proper bed rail use, and outline which patient body parts are most at risk for becoming caught. According to some experts, bed rail deaths are avoidable and additional safety warnings should be required on the products. Former FDA official Larry Kessler stated none of the bed rails in use in 1995 would have passed proposed safety standards. He also said mandatory design changes could have cost bed rail manufacturers and long-term care facilities hundreds of millions of dollars. Still, many senior citizens die every year as a result of becoming caught in a care facility bed rail. According to data compiled by the New York Times, approximately 550 […]
One in five seniors and disabled individuals will reportedly suffer a fall injury within the first 30 days of entering a skilled nursing facility. Researchers from the University of Southern California reportedly found that nursing homes that employ a higher ratio of certified nursing assistants (CNAs) per resident had a lower fall rate. As part of a study, researchers evaluated data on about 230,000 Medicare and Medicaid patients who were admitted to almost 10,000 long-term care facilities throughout the nation in 2006. Approximately 21 percent of the new nursing home residents reportedly experienced at least one fall within the first month. Researchers believe the lower number of new resident fall rates at some nursing homes was due to the higher number of CNAs available to assist them. According to study authors, CNAs often provide the most direct care to nursing home residents as they engage in activities that pose a high fall risk, such as using the restroom. Although long-term care facility falls reportedly pose a well-documented risk, researchers believe the recent study was the first to examine fall rates for newly admitted nursing home patients. Researchers said it can be challenging to identify fall risks for newly admitted skilled nursing facility residents because so much is new and unfamiliar. In addition, many patients enter a care facility for assistance during rehabilitation from a previous injury. Managing fall risks for such patients is reportedly especially important in order to ensure that they may successfully return home without added delay. According to the nation’s Centers for Disease Control and Prevention (CDC), nearly 2,000 seniors die as a result of fall-related injuries sustained in a nursing home every year. In addition, many who survive a fall may suffer a hip fracture, head injury, or another permanent disability. In fact, about 20 percent […]
A recent study conducted by researchers at the University of Chicago’s Pritzker School of Medicine reportedly found that nursing home residents were much more likely to be hospitalized or die during a norovirus outbreak. The study, published in a recent issue of the Journal of the American Medical Association, compared patient hospitalization and death rates during confirmed outbreak periods versus non-outbreak periods between January 2009 and December 2010 at 308 certified skilled nursing homes in three states. The data used was reportedly collected from the National Outbreak Reporting System maintained by the nation’s Centers for Disease Control and Prevention. Additionally, nursing home resident deaths were verified through the federal Medicare Minimum Data Set. According to the study, at least 1,000 gastroenteritis outbreaks are identified in nursing homes every year in the United States. In addition, norovirus is reportedly the suspected cause in 86 percent of confirmed outbreaks. Of the 407 norovirus outbreaks analyzed by researchers, a long-term care resident was hospitalized in 29 percent of cases and died during seven percent of the outbreaks. In addition, more than 2,500 hospitalizations and almost 1,100 nursing home resident deaths allegedly occurred during a confirmed norovirus outbreak during the time period examined by researchers. The norovirus outbreaks analyzed by researchers lasted an average of 13 days. Although hospitalizations reportedly increased during the first two weeks of an outbreak, resident deaths spiked during the initial week. After two weeks, the study authors found that hospitalization and death rates returned to previous levels. Interestingly, the study reports that skilled nursing facilities with a higher proportion of daily registered nurse hours per resident did not exhibit an increase in resident deaths during a norovirus outbreak. Unfortunately, the ratio of daily registered nurse hours did not appear to have an effect on resident hospitalization rates during such […]
About one year after losing a beloved father and husband to Alzheimer’s disease, a grieving Chicago family unexpectedly found a photo of their dying loved one on the Internet website Craigslist. The photo, taken while the elderly dementia patient was on his deathbed at Lake Cook Health Care Center in Northbrook, was reportedly posted numerous times along with belittling and insensitive comments. In response, the man’s shocked son and widow are now suing the nursing home that cared for him during his final months of life. The family’s lawsuit alleges that an unknown nursing home employee or agent took the photographs without permission and then proceeded to publish them without authorization on Craigslist in October 2012. The complaint filed in Cook County Circuit Court also alleges that a variety of mocking language accompanied the photos. According to the lawsuit, the photos constituted an invasion of the dying man’s privacy and caused his family both sorrow and grief. The family reportedly seeks compensation for emotional distress and invasion of privacy. In addition, the complaint seeks punitive damages for violations of the Illinois Nursing Home Care Act. The photos reportedly remained online through at least the end of October. In November, the nursing home at issue changed ownership. The facility’s new owners have denied any knowledge of the photograph. The former owners of the nursing home stated they are currently investigating the allegation. The family of the dying man is reportedly attempting to ascertain exactly who posted the photos by issuing a subpoena to Craigslist. This abhorrent situation demonstrates why Illinois has created laws designed to guard the rights of senior citizens and other individuals who reside in long-term care facilities. The Illinois Nursing Home Care Act protects the rights of residents who live in long-term care facilities throughout the state. Those […]
Former Caseyville Nurse Sentenced For Stealing Drugs From Nursing Home Residents
November 30, 2012 |Last month, a former Illinois Licensed Practical Nurse (LPN) was sentenced to two years of probation in connection with filing fraudulent prescription claims with Medicaid. The 34-year-old woman allegedly kept hydrocodone pills for herself that were intended for residents at the Caseyville nursing home where she was employed. Additionally, the former LPN reportedly made false prescription requests for the drug between 2010 and January 2012. By stealing drugs from numerous residents, the woman allegedly caused at least 11 fraudulent claims to be submitted to the Illinois Medicaid Program. The former nurse’s alleged criminal activity was investigated by the Caseyville Police Department, Illinois State Police Medicaid Fraud Control Bureau, and agents from the nation’s Department of Health and Human Services. In June, the woman pleaded guilty to one count of health care fraud. Although she received probation, the former LPN reportedly faced a maximum possible sentence of 10 years in prison in connection with the crime. As this case demonstrates, the over-medication of elderly and disabled patients is not the only way prescription medication issues can lead to neglect or abuse in Illinois nursing homes and other long-term care facilities. Sadly, some misguided nursing home employees may choose to steal the necessary medications that were prescribed to your elderly or disabled loved ones. Because prescription drug abuse has exploded throughout the nation in recent years, senior citizens are increasingly being left without the pain medication they need. Such abuse is wholly unacceptable. When aging loved ones are no longer able to care for themselves, many Illinois families turn to nursing home facilities for assistance. Sadly, nursing home negligence can cause numerous injuries to long-term care facility patients. Neglected elderly and disabled nursing home residents may exhibit broken bones, bedsores, cuts and bruises, or even premature death. In addition, nursing home patients […]
Rally Held to Protest Understaffing and Low Worker Pay at Chicago Nursing Homes
November 29, 2012 |Earlier this month, about 200 long-term care facility workers and supporters held a protest in Chicago’s Rogers Park. The workers, who are reportedly union members involved in an ongoing contract dispute, marched along Sheridan Avenue in front of four North Side nursing homes in order to draw attention to alleged low pay, understaffing, and limited resources at area skilled nursing facilities. According to certified nursing assistant (CNA) Tanya Pugh Rizer, low pay rates make it impossible for nursing homes to retain the number and quality of employees required to properly care for elderly and disabled residents. She said CNAs are often the first to notice when a patient is ill or requires additional care. Pugh Rizer also stated it is difficult to understand how workers are paid so little when a group that represents hundreds of nursing homes throughout the state, the Illinois Association of Health Care Facilities (IAHCF), earned approximately $50.5 million in profits in 2011. On average, Illinois CNAs earn $10.55 per hour. Although it is above the state minimum wage, CNA pay rates reportedly result in paychecks that fall below the poverty line for a family of four people. In addition, CNAs must come up with the funds to meet education, training, and licensing requirements prior to working at a certified long-term care facility. A certified nursing home is one that receives funds from Medicaid and Medicare. Certified facilities also must follow both state and federal regulations. Many nursing home employees who attended the protest rally also sought better quality health care supplies and equipment. According to one march participant, Octavia Bradley, the facility she works at is constantly low on essential supplies such as soap. Additionally, she said the facility fails to supply sufficient resources such as bathing towels. Bradley claims residents are often dried with […]
In October, a former house manager at a Warrenville assisted-living facility was accused of stealing from several residents. The 37-year-old Justice woman allegedly took bank cards from a safe at the private facility for developmentally disabled men on multiple occasions between 2008 and 2011. According to DuPage County prosecutors, the woman withdrew almost $9,000 from the bank accounts of four residents without permission. The theft was reportedly discovered when another worker noticed bank account discrepancies and notified facility management. After the long-term care facility notified authorities regarding the alleged theft, the woman was charged with a single count of financial exploitation of a disabled person. Following her arrest, Judge Elizabeth Sexton set a $50,000 bond for the woman. Earlier this month, the woman reportedly pleaded guilty to the class two felony. Although she may receive probation, the former assisted-living facility employee faces a maximum sentence of seven years in prison. According to the Illinois State Police, more than 100,000 senior citizens are currently living in almost 1,300 long-term care facilities throughout Illinois. The National Center on Elder Abuse estimates that about one million seniors are abused or neglected across the United States every year and such abuse is reportedly grossly underreported. Elder abuse includes any knowing or careless act that causes physical, mental, emotional, or financial harm to a senior citizen. Signs of elder abuse by a caregiver may include unexplained physical injuries, bedsores, a lack of cleanliness, fear of being alone with caretakers, and reports of missing personal items. Unfortunately, theft in nursing homes is a commonly overlooked form of abuse. Despite numerous laws designed to protect long-term care facility residents, they still may fall victim to mistreatment including theft or other financial abuse. Both unscrupulous employees and other residents may choose to steal from nursing home and other […]
Chicago Doctor Sued Over Anti-Psychotic Drug Use in Nursing Home Residents
November 21, 2012 |A Chicago physician was recently accused of submitting false claims to both Medicare and Medicaid and taking unlawful kickbacks from pharmaceutical representatives in connection with antipsychotic drugs he prescribed to Illinois nursing home residents. The civil fraud lawsuit filed in federal court by the United States Attorney’s Office alleges that Dr. Michael J. Reinstein not only submitted as many as 140,000 false Medicare and Medicaid claims, but also lied about providing pharmacologic management to patients at more than 30 long-term care facilities in the Chicago Metro. According to Gary S. Shapiro, Acting U.S. Attorney, the lawsuit is the largest prescription drug fraud case ever brought against a single person in the Chicago area. In 2009, ProPublica and the Chicago Tribune conducted an investigation into Dr. Reinstein’s care of mentally ill nursing home patients. The investigation reportedly found that the 69-year-old doctor was previously accused of over-medicating such patients with clozapine despite the drug’s black box safety warning. A black box warning is the highest warning the nation’s Food and Drug Administration will issue without removing a pharmaceutical product from the market. Additionally, at least three of Dr. Reinstein’s patients allegedly died while taking the reportedly potent drug. In 2007, Dr. Reinstein purportedly prescribed drugs to more than 4,000 Medicaid patients. He was also receiving federal reimbursement checks for alleged patient care visits. According to Medicaid records, Dr. Reinstein wrote more clozapine prescriptions for his Medicaid patients in 2007 than all of the physicians in the State of Texas combined. The federal lawsuit alleges the high number of clozapine prescriptions were largely written based on pharmaceutical company kickbacks rather than actual patient needs. Dr. Reinstein reportedly began providing psychiatric services in Chicago in 1973. More recently, the physician’s office was moved to the Uptown neighborhood of Chicago. According to federal prosecutors, […]
Earlier this year, the Maple Ridge Care Centre in Lincoln reportedly paid nearly $19,000 in penalties as a result of poor quality conditions at the 126-bed skilled nursing facility. Additionally, the nursing home allegedly made improvements in an effort to maintain its certified status and continue to receive both Medicaid and Medicare funds. Despite the changes, the quality of care provided to facility residents is still unacceptable to some. One critic of the Maple Ridge Care Centre is Diana Sexton. Her 40-year-old daughter, who suffers from cerebral palsy and recently had a stroke, began residing at the facility in June 2012. According to Sexton, she regularly finds her daughter sitting in urine because nursing home staff is unwilling or unable to assist her when she needs to use the restroom. Sexton stated that she has complained about the care provided at the facility on a near daily basis. A Springfield regional long-term care ombudsman, Jamie Freschi, said the Maple Ridge Care Centre underwent a change in ownership in January 2012. Still, complaints regarding poor sanitation, rude staff, unanswered resident call lights, and rough treatment of residents allegedly continued. Freschi stated she believes the nursing home is understaffed and lacks the ability to address systemic facility issues. Tim Fields, a spokesperson for the Maple Ridge Care Centre, said the facility consistently meets or exceeds Illinois nursing home staffing requirements. According to Fields, the long-term care facility has remedied all issues previously outlined by state inspectors. On Medicare’s Nursing Home Compare website, the quality of care residents may expect to receive at the Maple Ridge Care Centre rates one out of five possible stars. The rating is reportedly based on staffing levels, health inspections, and overall quality of resident care. In July, the Illinois Department of Public Health purportedly noted facility issues […]