December 15, 2011

Rockford Illinois Nursing Home Neglect Lawyer Writes Book To Help Families

"I wish I had known what to do when I suspected abuse." As an Rockford nursing home negligence lawyer, this is just one of the many statements I hear when I meet with families members of a nursing home resident. Too often, those meetings take place after their loved one's funeral. There are way too many nursing home residents who are suffering from neglect and abuse at Illinois nursing homes. Many family members don't know how to look for abuse or neglect. Rarely, do family members know the signs and symptoms of malnutrition or dehydration. Sons don't feel comfortable checking their mothers for bedsores. And no one wants to believe that nursing home residents are commonly targes for sexual abuse by nursing home employees. Too often families are concerned about complaining too much for fear that their loved one will suffer retaliation by an overworked and underpaid staff.

After hearing so many of these concerns and answering many of the same questions, Rockford personal injury lawyer David Terry decided to write a book that is designed to help family members before and after their loved one becomes a nursing home resident. 5 Things You Must Know About Nursing Home Abuse and Neglect in Illinois is an easy to read book that will help family members as they face one of the most difficult decisions they will face. You will receive guidance on:

* What to look for when deciding the best nursing home for your loved one;

* What to do when you suspect abuse or neglect of your loved one;

* Key signs that abuse or neglect has occurred.

I also go into great detail about the business model many nursing home companies now use which is designed solely for the financial benefit of the owners. Nursing home owners will tell you that their number one priority is providing quality care for their residents. However, when you look at their corporate structure, you will see that they have created multiple corporate entities designed to take money from the nursing home (that could be used for patient care) and into the bank account of the owners. Many of these owners then claim that they do not have enough money to purchase liability insurance.

If you would like a FREE copy of 5 Things You Must Know About Nursing Home Abuse And Neglect In Illinois simply call the Terry Law Firm at 1-888-317-2525 or visit one of our websites: www.IllinoisNursingHomeAbuseBook.com.

December 8, 2011

Overmedication of Nursing Home Residents Continues to be a Big Problem

My personal experience as a Missouri Nursing Home Lawyer is that far too many nursing home residents are overmedicated by those responsible for providing quality care. In my job I often meet with residents and their families in nursing homes. On some of those occasions, the residents simply could not wake up. Their eyes fluttered as though they were struggling to wake up and participate in the conversation happening around them. Sadly, the government has determined that my experience is not unique.

The U.S. Department of Health and Senior Services recently prepared a report entitled Medicare Atypical Antipsychotic Drug Claims For Elderly Nursing Home Residents that found that too many nursing home institutions failed to comply with regulations designed to prevent overmedication. It is well known that prescribing antipsychotic medication to elderly residents with dementia is potentially lethal, yet 88% of these individuals receive such prescriptions.

Family members must make certain that they know what medications their loved one is receiving. They must educate themselves on the medications and the proper dosages. They must regularly ask questions of the caregivers and insist upon answers. Family members must know what the possible side effects are and should closely monitor their loved one for any signs of side effects.

Why would a nursing home overmedicate a resident? First, to be fair to the nursing home industry, many times the overmedication is completely unintentional. Elderly residents are more much more susceptible to overmedication than are younger people. The second reason is an indictment of the nursing home industry. Overmedicated residents do complain and are, therefore, easier to care for with a reduced staff. Residents who ask to be taken to the restroom, or who need more water or need help walking down the hallway often require assistance from staff members. When a nursing home operates on reduced staff (as most nursing homes do) drugged residents are easier to manage than those who are alert and active.

If you are concerned about the care your loved one is receiving in a nursing home, call our St. Louis personal injury lawyer David Terry for a free consultation at 1-888-317-2525.

August 3, 2011

Faulty Furnace At Center Of Nursing Home Lawsuit

View image

A faulty furnace led to the temperature in a nursing home resident's room to reach 110 degrees causing the resident to suffer a heat stroke, according to an Illinois nursing home lawsuit filed in the Madison County Circuit Court recently. According to the Madison-St. Clair Record, nursing home resident Dorothy Stimson filed suit against Eden Village Care Center and Cummings Heating and Cooling which is alleged to be the company responsible for servicing the furnace during the time of the event.

The elderly are more susceptible to heat related injuries than younger people. If you watch any television or listen to radio during the summer months, you will hear public service announcements advising people to check on their elderly neighbors. Why? The answer is fairly simple. Many elderly people take medications that may inhibit their body's ability to sweat, which is the the way our bodies naturally cool themselves. Sometimes elderly people also lack the mental awareness to know that they should drink more water to keep themselves hydrated in times of excessive heat. Whether these or other conditions were in effect with Ms. Stimson we don't know, but regardless of the specifics of her particular lawsuit, the issue of heat and the elderly is an important topic and one that should not be overlooked.

As the economy worsens, more and more nursing home owners are tightening their belts and their budgets, leaving fewer employees to meet the needs of their nursing home residents. Whether your loved one is hurt in an event such as a fall or due to an elopement or through long term neglect, it is important to talk to an attorney experienced in nursing home abuse cases.

To contact our office, feel free to call us toll free at 1-888-317-2525

August 3, 2011

Chicago Nursing Home Resident Dies in Fire

A wheelchair-bound Chicago, Illinois nursing home resident died after accidentally lighting himself on fire while smoking.

The 62 year-old resident of a Rogers Park nursing home was sitting at an outdoor patio around 8:50 a.m. when he lit his cigarette. He placed his lighter in his pocket and was smoking when his clothes ignited. The man and another resident tried extinguishing the fire, but it took a fire extinguisher to douse the blaze. The man, suffering first and second degree burns, was rushed to St. Francis Hospital in serious/critical condition. He was transferred to Loyola University Hospital, where he died around 4:56 p.m.

For their own safety, federal regulations require nursing homes to provide adequate supervision and assistance for nursing home residents who smoke. While we don't know if this gentleman was provided with the appropriate supervision and assistance, we do know that the consequences of his accident cost him his life. If you have a loved one or friend in a nursing home who smokes or is facing nursing home placement, consider these questions:

• What are the facility's smoking policies? What type of assistance/supervision is provided? If a resident refuses to comply with smoking policies, what are the repercussions?
• Are there designated smoking areas with ashtrays and smoking aprons? Are fire extinguishers located close by and is facility staff properly trained to use same?
• Are cigarettes, lighters, and other smoking devices accessible by the staff only? If not, where is the smoking paraphernlia stored?
• What is the proper procedure to call for help in case of fire? Is there a call system located outside?
• Is the facility equipped with sprinklers and fire detectors?
• Are fire evacuation procedures clearly posted?
• Is there a "no smoking indoors" policy strictly enforced by the staff?
• Are residents in smoking areas supervised by facility staff?

Illinois Nursing Home Abuse and Neglect Lawyer David Terry has over seventeen years experience in assisting and protecting vulnerable nursing home residents. If you or a loved one has experienced abuse or neglect at the hands of nursing home staff or residents, contact David Terry at 1-888-317-2525 to discuss your options. The initial consultation is free and there is no obligation to you.

July 29, 2011

Illinois Nursing Home Sued Over Resident Injury

An Illinois nursing home resident is blaming a Madison County, Illinois nursing home for a recent injury.

Blanche Hicks filed a lawsuit against Eden Retirement Center, Inc. on July 19, 2011, alleging that Eden Village was responsible for a fall she suffered in November 2010. According to the lawsuit, Hicks was left unattended in her room and, as a result, fell and broke her hip. She is seeking more than $50,000 in damages.

It is common knowledge that nursing home falls can cause serious injury, or even death, for frail nursing home residents. Nursing homes certainly can't prevent every single fall, but they are required to identify those residents that are at a high risk for falling and take measures necessary to make it as safe as possible for them. Two of the measures nursing homes should use more to prevent falls are as follows:

1. Care Plans - Care plans should be regularly updated so all employees know how to properly care for each resident.

2. Additional staff - The more staff members available to provide care, the less likely a resident is to fall.

If you or a loved one has suffered injury in a fall at a nursing home and are in need of legal advice, contact Illinois Nursing Home Attorney David Terry to schedule a free, no obligation consultation at 1-888-317-2525.

July 22, 2011

Glen Carbon, Illinois Nursing Home Resident Sues Facility

A Glen Carbon, Illinois nursing home resident filed a lawsuit alleging that a faulty furnace at the facility caused her to suffer a heat stroke.

The lawsuit, filed on July 1, 2011 against Eden Village Care Center and Cummings Heating & Cooling, Inc., alleges that the woman was found unconscious and near death in her room in May 2009 from exposure to extreme heat. She had been lying on the floor overnight in a room that registered a temperature of 110 degrees.

The lawsuit further alleges that the facility's furnace had previously had problems with a stuck heat sequencer and a broken control board.

Elderly individuals are very sensitive to weather extremes. We have all seen the public service announcement advising us to check on our older neighbors during periods of extreme heat. One would think that nursing home employees - who are supposedly ultra-sensitive to the needs of the elderly - would know better than to leave residents in rooms with excessive temperatures. Having been involved in a case several years ago where my client died of hyperthermia with a care body temperature of 109.7 degrees, I am particularly incensed by cases like this.

I wish the resident involved in this case a speedy recovery and good luck in her legal case.

If you or a loved one have suffered abuse or neglect at the hands of a nursing home and are in need of legal assistance, contact Illinois Nursing Home Abuse and Neglect Attorney David Terry to schedule your FREE, no obligation consultation at 1-888-317-2525.

July 18, 2011

Illinois Nursing Home Death A Homicide?

Is the death of an 86 year-old Illinois nursing home resident a homicide? Illinois police are investigating.

The female resident was initially believed to have fallen at Maryhaven Nursing and Rehabilitation Center in Glenview, Illinois, but nursing home officials have admitted that a fellow resident was believed to have been involved. According to a nursing home spokesman, Brian Crawford, "Within the past couple of weeks, an unfortunate incident occurred in a private room". The incident was reportedly an attack on the elderly woman by another resident in a an area of the facility caring for dementia residents.

The elderly woman was moved to hospice care at St. Francis Hospital, where she died on July 14. According to the Cook County Medical Examiner, she died from heart disease and brain injuries related to the assault.

If this unfortunate event involved resident on resident assault, it joins the long list of such actions in nursing homes. Certainly, we cannot comment on the specifics of this case because details have yet to be released but far too often patients with violent pasts or mental problems are allowed to reside with the general population of vulnerable elderly adults. In those instances, many nursing home residents become easy targets for the perpetrators.

If you believe you loved one's health or safety is at risk by another nursing home resident, do not hesitate to ask facility staff members to move your family member to a safer area.

Glenview, Illinois police continue to investigate the incident.

The Terry Law Firm routinely handles cases of nursing home abuse and neglect. If you suspect that a loved one or family member is experiencing abuse or neglect at the hands of another resident or nursing home staff, contact Illinois Nursing Home Abuse and Neglect Attorney David Terry at 1-888-317-2525 to schedule your FREE no obligation consultation today!

June 30, 2011

Illinois Nursing Home Worker Charged With Criminal Abuse

An Alton, Illinois nursing home worker has been charged with criminal abuse or neglect of an elderly person and unlawful possession of a controlled substance.

The 41 year old employee of the Bethalto, Illinois nursing home, which remains unnamed, reportedly removed a Fentanyl pain patch from an 87 year old resident on Friday for her own personal use. Fentanyl, a powerful pain killer often administered through patches, is frequently used illicitly because it reportedly affects the body in ways similar to heroin.

According to the Madison County State's Attorney's Office, the nursing home staff reportedly noticed the absence of the woman's pain-killing patch and replaced it.

Sadly, this is an all too common story. Many nursing homes do little, if any, background searches on potential employees. Far too often, as a result, individuals with criminal backgrounds, drug problems, or worse are allowed to be in a close physical and often intimate, contact with vulnerable senior citizens. To make matters worse, nursing home staffing levels are often cut so deep that many employees have virtually no supervision.

If your loved on is in a nursing home, check them often, ask questions, insist on answers and be suspicious of every single employee. It is a sad, but true, fact of life.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. If you suspect that your loved one may be experiencing abuse or neglect at the hands of nursing home staff and need advice, contact Illinois Nursing Home Abuse and Neglect Attorney David Terry at (888) 317-2525 for a FREE, no obligation consultation.

June 21, 2011

Fire Forces Evacuation of Rockford, Illinois Retirement Community

A Rockford, Illinois retirement community was forced to evacuate after catching fire. Firefighters were called to the four story Rogue Valley Towers building around 12:30 a.m. on June 17. Reportedly, someone smoking in an apartment caused the fire. The mass evacuation was performed as a precaution due to an oxygen tank rumored to be in the apartment.
No injuries were reported.

Another Illinois retirement community, Bishop Hills, offered shelter to fifteen to eighteen elderly Rogue Valley Towers residents overnight.

The Terry Law Firm is an Illinois personal injury law firm that represents Rockford nursing home residents wh ohave been abused or neglected by those supposed to care for them. If you have any questions about nursing home abuse or neglect in Rockford or the surrounding area, call us toll-free at 1-888-317-2525.

June 3, 2011

Illinois Director of Nursing Dies of Drug Overdose at Facility

An Illinois nursing home's Director of Nursing is dead following a drug overdose, according to published reports.

Forty-one year old James Scooler, the Director of Nursing for Timbercreek Rehab & Healthcare Center, died on April 1, 2011 at the facility. Scooler was found on his knees in a restroom near his office after facility employees noticed he was missing for approximately two hours. The deputy coroner pronounced him dead around 9:59 p.m. Upon examining the body, the deputy coroner found a syringe in Scooler's right sock filled with a Fentanyl patch and saline solution. The autopsy examination also revealed a Fentanyl patch wrapper in Scooler's left sock and fresh puncture wounds between Scooler's thigh and groin. Scooler reportedly died from a Fentanyl overdose after he took the medicine from a lock box used to temporarily hold prescriptions of patients whose medications have changed or who have died.

At the time of his death, Scooler was on probation with the Illinois Department of Professional Regulation for substance abuse. He had been suspended from May 25, 2007 through November 18, 2008 for "failure to abide by the terms of his care, counseling, and treatment agreement". He was restored to probationary status on November 18, 2008 for three years.

As troubling as Mr. Schooler's death is, it is equally troubling that Timbercreek Rehab & Healthcare was aware of Scooler's probationary status but reportedly did not drug test him because "it assumed the IDPR would be monitoring him". Not only did they refuse to drug test a person with known drug problems, they also put Scooler in charge of disposing the facility's narcotic medications. In my mind, this is equivalent to putting an alcoholic in charge of stocking a bar. At best, this was horrific judgment on the part of Timbercreek management and ownership. A file cabinet containing those drugs was found in Scooler's office with a padlock on it. Because the key could not be located, the lock was cut off and Pekin Police Detective Matt Damron found evidence that the medications were not being disposed of and some of the medications dated back to January 2011.

If you or a loved one has suffered abuse or neglect at the hands of an Illinois nursing home, contact David Terry at the Terry Law Firm at 314-878-9797 or 888-317-2525 to schedule your free no obligation consultation.

May 20, 2011

Illinois Nursing Home Attorney Examines Helia Southbelt Healthcare

A recent review of information on Belleville, Illinois nursing homes found on the Medicare website is cause for concern. Illinois Nursing Home Abuse Attorney David Terry determined that of the six nursing homes located in Belleville, Illinois, four of them have been deemed one-star facilities, according to the rating system instituted by The Centers for Medicare and Medicaid Services, which does not leave much in the way of options for Belleville, Illinois residents requiring nursing home services. Today, David examines the rating of Helia Southbelt Healthcare, a 156 bed nursing home facility. The owner of this facility appears to own and operate a total of 11 nursing homes throughout the State of Illinois, five of which are known to be one-star facilities.

What is a 1-star facility? According to Medicare.gov, a 1-star facility represents a "much below average" nursing home. The Centers for Medicare and Medicaid Services bases its ratings on three components: Quality Measures, Nursing Home Staffing, and Health Inspections. Once the information is compiled, Medicare assesses the information and a rating is generated for a facility. Let's examine the performance of Helia Southbelt Healthcare and find out.


The one-star rating of Helia Southbelt Healthcare is not a surprise after reviewing information found on the Medicare.gov website. Surveyors found a whopping 24 violations at Helia Southbelt Healthcare during the survey period that ran from January 1, 2010 through March 31, 2011. It appears that the survey period of January 1, 2009 through December 31, 2009 was no better - surveyors found 24 violations. The survey reporting period of January 1, 2008 through December 31, 2008 only contained eight violations, which is the average number of violations for the State of Illinois annually. What went wrong?


Quality Measures is comprised of information reported by nursing home facilities on multiple areas, some of which include resident health, physical functioning, mental status, and general well-being. Helia Southbelt Healthcare earned four out of five stars in the area of Quality Measures. The chart below shows how Helia Southbelt fared in the area of Quality Measures.

Helia Southbelt

Most nursing homes are inspected annually. Prior to the annual inspection, the nursing home is required to provide its staffing hour information to the state reporting agency. This information is then converted into the number of staffing hours provided to each resident each day. In the area of Nursing Home Staffing, Helia Southbelt Healthcare did not fare well, earning only one out of five stars, which is considered much below average.

Continue reading "Illinois Nursing Home Attorney Examines Helia Southbelt Healthcare" »

May 4, 2011

Illinois Nursing Home "Prank" Leads to Lawsuit

The "prank" of two former employees of LaSalle Veterans Home has led to a lawsuit.

Thinking it would be a great practical joke on the following shift, facility employees Julie Payne and Cynthia Orlando reportedly thought it would be funny to insert a suppository into the rectum of a defenseless Alzheimer's resident on July 9, 2010. Orlando and Payne, a registered nurse and certified nurse's aide respectively, allegedly held down resident Kenneth Mahoney and inserted an unnecessary suppository into his rectum to produce a large bowel movement for the next nursing shift. After state police and the Illinois Department of Public Health investigated the incident, Payne and Orlando were charged with a Class A misdemeanor battery. The women face up to one year in jail and a $2,500 fine.

The family of Kenneth Mahoney filed a civil lawsuit against the women seeking in excess of $200,000. The suit reportedly accuses the women of inflicting emotional distress on Mahoney and alleges that Mahoney "has suffered and continues to suffer permanent injury". The suit further alleges that the Mahoney's nerves, nervous system, and mental faculties were severely injured and shocked from the incident and that he has become "sick, sore, lame, and disordered".

This is a disgusting and appalling case. In our opinion, these two employees should be facing far stiffer punishment than they are. There is nothing funny about assaulting anyone, much less an Alzheimer's patient who is among the more vulnerable people in our society. We wish the family of the resident well as they seek justice for their loved one.

Illinois Nursing Home Abuse Attorney David Terry is experienced in handling cases of nursing home abuse and neglect. If you suspect that a family member or friend is suffering abuse at the hands of "trusted" caregivers, contact the Terry Law Firm to schedule a free, no obligation consultation to investigate your options at 1-888-317-2525 or 314-878-9797.

April 21, 2011

Illinois Nursing Home Raid Nets Four Arrests

Burnham Healthcare, a Chicago, Illinois nursing home facility housing young residents suffering from mental illness, was the latest raid target for the task force founded by Illinois Attorney General Lisa Madigan. Formed in 2010 to make Illinois nursing homes safer and known as "Operation Guardian", random visits are made to Illinois nursing homes as a compliance check system designed to put nursing home owners and operators throughout the state on alert that state officials can visit any facility at any time without notification to ensure the safety of the adults that live at the facilities.

The facility was raided on April 19, 2011, when investigators from the Attorney General's Office paired up with Burnham, Illinois police and made an unannounced visit to the facility. Four residents were arrested on outstanding arrest warrants for a variety of offenses such as trespassing, possession of marijuana, theft, and disorderly conduct.

If your family member is a resident of an Illinois nursing home, you should ask the Administrator if they have checked to see if they are housing criminals that could put your loved one at risk. Illinois nursing homes have been notorious for allowing dangerous people to live in their facilities.

If the nursing homes allow criminals or people with serious mental problems to reside in the facilities the risk for Illinois nursing home abuse increases. Injuries such as physical assaultand sexual assault become more common because the vulnerable residents become targets of those who seek to do harm.

If your loved one has been victimized in an Illinois nursing home, contact our Illinois Nursing Home Abuse Lawyer for a free consultation about the rights of your loved one. Call us toll-free at 1-888-317-2525.


April 5, 2011

Think Nursing Home Sexual Abuse Doesn't Happen? Think Again.

An Illinois nursing home resident is in custody after allegedly sexually abusing a fellow resident.

Fifty-three year old Lindsey Dailey faces a charge of sexual battery after the April 1, 2011 incident. Reportedly, Lindsey entered the room of a female resident at Forrest Manor Nursing Home in Dewey, Illinois around 1:40 a.m. His victim reported to police that Dailey touched her inappropriately, exposed himself to her, and asked her for sexual favors. The victim alerted facility staff, who called police.

When questioned, Dailey denied any wrongdoing, "began cursing" at officers, and requested an attorney.

Daily appeared before Special Judge Kyra Franks Williams on April 1 and told the Judge that he previously had a brain aneurysm. His bond was set at $5,000 with the condition that Daily did not contact his alleged victim or the nursing home facility.

After reading about this tragic incident, Illinois Nursing Home Abuse Lawyer David Terry questions whether the alleged abuser in this incident had any previous history of sexual misconduct. Did the facility have any knowledge of previous incidents of this nature involving the accused or was this his first "attack"? Residents that demonstrate dangerous tendencies must be dealt with to protect the remaining residents. If a resident is known as a potential sexual threat to other residents, the nursing home must act to protect the other residents. If the facility fails to take reasonable steps to protect their residents from becoming victims of a sexual assault, it can be held liable for any injuries that may occur when a known or suspected threat becomes reality.

The Terry Law Firm is experienced in handling cases of nursing home sexual abuse. Contact David Terry toll-free at 1-888-317-2525 or 314-878-9797 for a FREE no-obligation consultation if you suspect that your loved one or family member may be experiencing sexual abuse at the hands of a nursing home resident or staff member.

March 25, 2011

St. Louis' Veterans Administration Medical Center Is "National Disgrace"

The St. Louis Veterans' Administration Medical Center (VAMC) is known as a "national disgrace" and ranks dead last in patient satisfaction among all VA facilities in the nation, according to a recent article published in the St. Louis Post Dispatch.

Problems found at the VAMC make a long list. Most recently, there have been sterilization problems in the operating rooms, which forced the facility to close its surgery center until they could be resolved. In the not too distant past, the VA Dental Clinic was forced to shut down after 1,800 veterans were exposed to HIV and hepatitis after problems with sterilization procedures at the clinic.

Sadly, (but thankfully!) the employees themselves have become whistleblowers on the facility that should be honoring our veterans, not degrading them. According to facility employees, veterans sit in soiled linens for days, supplies are not provided, and patients have to use broken equipment, if it can be found at all. Wes Gordon, a nurse at John Cochran, said, "It took me two years and three months to get applesauce for the patients that can swallow their pills." Imagine that. These men and women put their lives on the line for our freedom and it takes their medical provider two years for a simple request.

According to the medical center's director, Rima Nelson, "Every veteran watching should know and feel assured that the care we deliver here when we deliver it is of the highest quality."

Two federal investigations into the condition at the facility are underway and should be completed by mid-spring. Hopefully, the results of those investigations will prompt those in charge of John Cochran to provide better, more quality care for the special people we have entrusted to their care.

March 24, 2011

Illinois Nursing Home Neglect Lawyer Discusses Falls and the Elderly: Causes and Preventions

It's a fact: older people have a tendency to fall due to changes in their bodies, such as vision decline, hearing impairment, or decline in coordination. Injury from their falls is increased due to their age and weakened bones, medication side effects, chronic illness, or injured feet. Each year, one out of three adults 65 and older fall. Falls are a leading cause of death from an injury and are responsible for more than 90% of hip fractures in people over age 70.

There are many basic steps that nursing homes can and should be taking to protect our fragile loved ones:

• Encourage exercise to improve strength, balance, and muscle tone
• Schedule regular eye and hearing appointments
• Know the side effects of the medications your loved one has been prescribed
• Encourage the use of a walker or cane for support, if warranted.
• Use nonskid adhesive strips in areas that could be a slip-hazard, such as bathrooms, bathtubs, or next to beds
• Make sure floors are clear of debris, electrical cords and wires and are not highly waxed
• Make sure all rugs have good nonskid backing and that all carpets have no loose ends or rips
• Ensure the living area has good lighting, especially in stairwells, porches, or garages
• Install handrails in bathrooms and bathtubs for stability, if needed
• Provide the number of individuals necessary to help them ambulate safely

Unfortunately, too many nursing homes are so short-staffed that they are unable to provide the level of care and supervision many elderly residents need. As a result, residents fall. Thankfully, most falls do not result in serious injury. However, falls can have serious consequences up to and including death.

If your loved one needs help walking or transferring, make sure you talk to the nursing home employees and tell them that you expect them to staff the facility to meet the needs of the residents. Follow up often and, if tney are not doing so, complain to those in charge. Don't hesitate to take your loved one to a different facility.


March 23, 2011

Illinois Nursing Home Resident Struck By Car and Killed After Elopement

In a tragic accident, a 78 year-old nursing home resident was struck and killed after he eloped from an Illinois nursing home facility.

William Spears, a seven year resident of Emeritus at Prospect Heights, walked out of the facility late in the evening on February 23, 2011. Spears, who uses a walker, was attempting to cross Euclid Avenue when a driver stopped and tried to assist him out of the roadway. Spears reportedly refused assistance and was struck by an SUV in the eastbound lane of Euclid. He was rushed to Advocate Lutheran General Hospital, where he was pronounced dead.

The Illinois Department of Public Health and Prospect Heights police continue to investigate how Spears managed to leave the nursing home facility without assistance.

While we don't know the specifics in this case, it is not uncommon for nursing home residents with dementia to become confused, wander and try to leave nursing home facilities. Nursing home residents suffering from dementia are challenging to care for, but nursing homes know that this is a part of the day-to-day care they are to provide. In fact, many nursing homes advertise that they specialize in caring for those with dementia. To that end, nursing homes are required to assess each resident to determine their risk for wandering. If the risk is there, the facility is to initiate a plan of care specifically designed to care for the residents at high risk for wandering and elopement.

Some aspects to such care plans include:

•To consistently monitor doors—especially during shift changes where residents are particularly inclined to wander
•Place residents that have been characterized "at risk" for wandering closer to nursing stations so that they can be more closely monitored
•Using alarms on the resident's bed, wheelchair or door as well as the residents themselves
•Exit doors should be alarmed to notify staff when residents leave the facility
•Using "Wanderguard" bracelets that sound an alarm if a resident passes a designated spot.

If you suspect that a loved one in a nursing home may be at risk for elopement, contact Illinois Nursing Home Abuse and Neglect Attorney David Terry for a free no-obligation consultation at 1-888-317-2525 or 314-878-9797. For more details about wandering and elopement of nursing home residents, go here.

March 20, 2011

Illinois Nursing Home Abuse Lawyer Weighs In On The Problems At Embassy Health Care Center: Part 2

In Part 1 of our review of Embassy, we described the facility's general problems and its assignment to the Special Focus Facility list of perpetually underachieving nursing homes. Today, we delve into some specifics that should concern those who have loved ones in this facility. In Part 2 of this review, we will break down the deficiencies and what they mean for residents and their families.

Embassy Health Care Center was cited for Mistreatment Deficiencies in 2008 and 2010 when it failed to keep each resident free from physical restraints, unless necessary for medical treatment. Both bed rails and wheelchair lap belts are considered to be physical restraints. While the exact nature of the violations at Embassy Health Care Center is unknown, families of nursing home residents need to know that unless doctor's orders are in place to use safety devices such as bed rails or wheelchair lap belts, facility staff members are not allowed to implement safety devices. This is for the protection of the residents. Embassy Health Care also was cited for Mistreatment Deficiencies on March 17, 2008 and again on November 19, 2010 when it failed to hire people who have no legal history of abusing, neglecting, or mistreating residents or failed to report or investigate any acts or reports of abuse, neglect, or mistreatment of residents.

Embassy Health Care Center racked up an amazing 22 deficiencies in the area of Quality Care during the last three years. According to detailed inspection results, the facililty consistently failed to provide residents with services that meet a professional standard of quality. It also consistently failed to give each resident the care and services to get or keep the highest quality of life possible for the resident. In fact, one or more residents were actually harmed on June 10, 2010, when the facility failed in this respect. All facility residents were placed in immediate jeopardy on December 16, 2010 when the facility once again did not provide appropriate services. One or more residents were harmed in March 2008 and again in June 2010 when the facility did not provide the appropriate treatment to residents suffering from bed sores to heal the existing bed sore or to prevent new bed sores from forming. Appropriate treatments to be considered for resident suffering from bedsores or that have the potential to develop bedsores are medicated creams that promote healing, air mattresses, and simple turning of the resident's body approximately every two hours. Sometimes, due to a resident's diagnosed ailments, a resident may require special rehabilitation and a physician may order it to be placed in the resident's Care Plan. Due to the multiple deficiencies the facility received in this area, including on March 26, 2010 when a facilty resident was actually harmed, it appears that facility staff may not know the contents of each resident's specific Care Plan or may not know that a Care Plan exists.

Proper diet and nutrition is vital for everyone, but is especially important for nursing home residents who rely upon nursing home staff for all of their dietary needs. On June 10, 2010, one of the residents at Embassy Health Care Center was harmed when their nutritional needs were not met.

Medication errors can be fatal. At the very least, a medical error can can cause severe impairment and illness. Medication errors include providing a resident with the wrong drug, wrong dose, and/or at the wrong time. Therefore, it is very important that nursing home staff make sure that pharmacy error rates remain as low as possible and no higher than 5%. Embassy Health Care Center did not keep the rate of mediation errors, which include wrong drug, wrong dose, and wrong time, to less than 5% in November 2007 and June 2010. On December 16, 2010, state investigators found that an Embassy resident suffered actual harm when facility staff failed either to ensure that residents taking medication were not given too many doses or for too long, failed to make sure that the use of the drugs was carefully monitored, or failed to stop or change medications that caused unwanted side effects.

The nursing home environment should be clean, safe, and homelike. Residents residing at Embassy Health Care Center were actually harmed multiple times in 2008 and 2010 when facility staff did not make sure that the nursing home area was free of dangers that could cause accidents. While we don't know what specifically happened at Embassy Health Care Center, some common dangers that are found in nursing home environments are overly long telephone cords that become trip hazards or puddles of urine or water in hallways or walkpaths which become slip and fall hazard.

If you have a loved one at Embassy Health Care Center and are concerned about the care they are receiving, you should contact an Illinois Nursing Home Abuse Lawyeras soon as possible. The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. If you suspect that your loved one may be experiencing abuse or neglect at the hands of nursing home employees, please contact us for a FREE no obligation consultation toll-free at 1-888-317-2525 or order David Terry's book, 5 Things You Must Know About Nursing Home Abuse and Neglect in Illinois, click here.

March 19, 2011

Illinois Nursing Home Lawyer Weighs In On The Problems At Embassy Health Care Center: Part 1

Embassy Health Care Center, a nursing home facility located in Wilmington, Illinois, is a for-proft nursing home facility with 169 certified beds. Owned by Jack L. Rajchenback, Nachshon Draimain, and Samuel Lipshitz, this facility is rated overall as a one-star facility, which is "much below average", according to the rating system instituted by The Centers for Medicare and Medicaid (CMS). This terrible rating is due primarily to poor results on Health Inspections.

The average number of health deficiencies found at Illinois nursing home facilities is 8, which is the same average number of health deficiencies found nationwide. During the last three complaint reporting periods, Embassy Health Care Center has consistently performed substantially worse than the Illinois average, racking up nearly twice the number of deficiencies for average facilities in Illinois and nationwide. For the 2010 reporting period, the nursing home inspectors cited the facility for 15 separate deficiencies while 14 deficiencies were found in the 2009 reporting period. And, in 2008, a whopping 20 deficiencies were assessed against this facililty.

Ask any honest Illinois Nursing Home Abuse Lawyer and they will admit that most nursing homes are going to have some deficiencies and many nursing homes are good about correcting any identified problems within a short period of time. However, there are a few nursing homes that experience substantially more problems than other nursing homes with more serious citations. These nursing homes tend to present with a pattern of problems that have existed over a long period of time. When state inspectors find a facility meeting this criteria, the nursing home is often placed on what is known as the Special Focus Facility list and inspectors for CMS institute new criteria for the facility. For instance, once a nursing home lands on the Special Focus Facility list, the facility will be inspected twice a year, rather than the normal one time per year survey inspection. The longer problems exist, the more stringent enforcement actions, such as monetary fines, will be. According to CMS, within 18-24 months after a facility is placed on the Special Focus Facility list, the outcome will be one of three things:

(1) The best case scenario is that the facility makes significant strides in improvement and
graduates from the SFF program.

(2) The facility is provided with additional time to continue to make improvements under the
SFF program.

(3) The nursing home is terminated from Medicare and Medicaid programs. While a facility
may continue to operate without the benefit of these programs, usually a facility closes
upon loss of funding.

Due to its consistently poor performance, Embassy Health Care Center has resided on the "Special Focus Facility" list maintained by The Centers for Medicare and Medicaid for 43 months. It is currently known as a facility that has shown no improvement.

Continue reading "Illinois Nursing Home Lawyer Weighs In On The Problems At Embassy Health Care Center: Part 1" »

March 17, 2011

Problem-Riddled Chicago, Illinois Nursing Home Faces Possible Closure

A problem Chicago, Illinois area nursing home faces loss of funding and possible closure after reports of bloody fights and drug abuse occurring at the facility.

Wincrest Nursing Center, a nursing home primarily housing adults suffering from mental illness, has been a long-standing community problem. A 2009 Chicago Tribune article revealed that the facility failed to notify state officials that the facility was home to dozens of residents with felony records. In late February 2011, a 21 page report from the U.S. Center for Medicare and Medicaid Services was sent to the facility and its contents were not good.

Reportedly, the inspectors found that facility staff was poorly trained and failed to properly supervise dangerous residents or provide them with much needed psychiatric services "to prevent avoidable mental deterioration". It further reported that some facility residents were "often found in the facility intoxicated or under the influence of drugs" and other residents failed to receive prescribed psychotropic drugs.

A December 2010 report from the Illinois Department of Public Health reportedly found that a female facility resident was prostituting herself in the neighborhood and using the money to purchase crack cocaine. A male resident of the facility threatened another resident with a foot-long knife. While the knife was confiscated, inspectors later found another knife in the man's room in full view. According to the report, Wincrest's policy and procedure manual "was about 45 years old" and, amazingly enough, the facility Administrator, Narad Persadsingh, could not name the facility's Medical Director.

WIncrest has been slapped with more than $400,000 in federal and state fines since December 2010 and, as of February 9, 2011, faces an ongoing $10,000 per day fine. Wincrest faces loss of their Medicaid funding on March 20 if the "immediate jeopardy" citations are not properly corrected. As Wincrest depends on Medicaid for approximately 99% of its funding, cutoff of Medicaid funding will likely force Wincrest to shut its doors.

According to State Rep. Harry Osterman, "This action is long overdue. Wincrest has been a problem nursing home in our neighborhood for a number of years."