Chicago Nursing Home Abuse Lawyer Blog

On March 18, 2010, Nancy Kinder was hit and killed by a train when she wandered from her nursing home. The nursing home, Hunter Acres Caring Center, located in Southeastern Missouri, was responsible for caring for the Ms. Kinder when she wandered away without any supervision. Now, Kinder's son is suing the nursing home, alleging that it was negligent in caring for his mother and failure to provide her with a safe environment.

www.kspr.com, Son of southeastern Missouri woman killed by train sues nursing home, Sept. 22, 201

Continue reading "Elderly Mother Killed by Train After Wandering From Nursing Home" »

The Attorney General of Illinois, Lisa Madigan, announced yesterday that investigators have discovered 124 active arrest warrants among nursing home staff in Illinois. In the recent attempt to crack down on nursing home abuse and neglect, Madigan announced that these warrants were discovered. In an effort to curb non-compliance, the staffs' histories were revealed. Madigan expressed concern for the sad fact that these staff members are entrusted with caring for the elderly and sick in our communities.

Furthermore, problems were found among the residents. Madigan announced on September 10 that nine residents were found to have outstanding arrest warrants themselves, four residents were arrested, and one resident who was reported as a missing person was discovered.

The success of the current raids is clearly evidence that the state of Illinois is cracking down on nursing homes, yet the results are terrifying. Madigan vowed to continue the Illinois nursing home raids until problems among the sick and elderly in our communities' care facilities subside.

Claimsjournal.com, 124 with Arrest Warrants Found in Illinois Nursing Homes, Sept. 22, 2010.

Among the many patients in one Galesburg, Illinois nursing home lived an unwelcomed guest, black mold. On September 2, WQAD reported that Galesburg Terrace nursing home had been cited by Illinois Department of Health for a violation of a number of health regulations. The 40 page report indicates the presence of black mold under wallpaper in seven rooms, which house twelve residents. Also, black mold was found in the men's shower room.

Galesburg Terrace, located near the quad-cities, houses 61 residents, some of whom have been affected by their nursing home's negligence. In addition to this citation, the nursing home was also cited for various other infractions, such as a failure to properly deliver medication to its residents.

WQAD.com, Galesburg Nursing Home Cited for Mold, Sept. 2, 2010

Continue reading "Illinois Nursing Home Discovers Black Mold" »

A California jury last month rendered a $667 million verdict against a Humboldt County nursing home. Eureka Healthcare and Rehabilitation Center was found negligent in caring for many of its residents including the plaintiff's father. Cindy Cool stated that on her daily trips to visit her father in the nursing home, she would routinely find him wearing urine-soaked clothing and it could be up to 20 minutes before a nurse would respond to her calls for assistance. She also stated that many of the residents were much worse off. The nursing home blames the short-handed staff. This is a common complaint about for-profit nursing homes around the country; they are only concerned with their own bottom line.

It is the largest nursing home verdict this year. The verdict comes as a huge victory for the 32,000 plaintiffs of the class action lawsuit, even though bankruptcy threatens their award and the defendants' future. The size of the verdict highlights the wave of nursing home abuse litigation sweeping the country. The landmark award marks a milestone in combating nursing home abuse and neglect.

Our experienced attorneys has handled numerous cases in the nursing home abuse area and would be happy to assist those who have suffered at the hands of negligent nursing homes.

WGNtv.com, Giant Jury Verdict Shakes Up Nursing Home Industry, Spotlights Staffing Levels, Aug. 28, 2010

Continue reading "Seniors Win Huge Verdict in Nursing Home Abuse Case" »

Ed Fox and Associates recently filed a two-count complaint against Chateau Village Nursing and Rehabilitation Center and its parent company alleging that they failed to prevent sex abuse within its doors. The complaint further alleges that on May 6, 2009, the Center admitted Isidro Valerio to the facility despite his evaluation that he was unsuitable. The evaluation found that he had behavioral problems and had inappropriately propositioned persons for sexual favors in the past. Furthermore, the evaluation found that the Center did not have the ability to provide Valerio with the psychiatric care he needed and he posed a danger to the other residents.

Despite all this, Valerio was admitted to the facility. Shortly thereafter, Valerio sexually assaulted our client. Our firm is charging the Chateau Village with negligence under the Nursing Home Act of Illinois and willful and wanton conduct for failing to protect our client.

Continue reading "Chicagoland Nursing Home Negligent in Preventing Sex Abuse" »

Last week, emotions were high as a federal judge heard testimony from family members of Illinois' mentally ill citizens. At issue was a proposed consent decree which would allow mentally ill patients to opt for additional screening and possible placement in nontraditional nursing homes. Under the decree, mentally ill patients who believe they can live in a less restrictive setting would undergo examinations and screenings to determine if they are fit for a more independent lifestyle. Only if doctors then determine that they are, the patient will be transferred to a less restrictive setting such as an assisted care facility.

The decree comes as an attempt by Governor Pat Quinn to provide sweeping reforms to nursing homes in Illinois. Five years ago, the American Civil Liberties Union (ACLU) sued the state of Illinois for its treatment of mentally ill patients, claiming that it discriminated against these patients by not providing adequate care for those with mental disabilities. This lawsuit came about as a result of a 1999 U.S. Supreme Court case which requires states to place mentally ill patients in the least restrictive setting appropriate. This ruling provided that article II of the Americans with Disabilities Act (ADA) requires states to make reasonable modifications to its services and programs to avoid disability-based discrimination.

Tensions remain high, however, in Illinois with many afraid that the state will throw those in need out on the street and neglect its mentally ill citizens. Others, such as the patients, welcomed the idea of more freedom. State and federal officials urged the judge to allow the decree, stating that procedures are already in place to prevent the neglect of the mentally ill and that such procedures would save the state money in the long run.

Chicago Tribune, Relatives of State's Mentally Ill Worry about Outcome of Hearing, Sept. 7, 2010
Olmstead v. L.C., 527 U.S. 581(1999).

Since December 2009, Illinois has stepped up its fight in the combat against nursing home abuse. Due largely in part to the Chicago Tribune's spotlight on the issue, Attorney General Lisa Madigan has begun random, sweeping inspections of nursing homes. So far, these 17 raids have led to 20 arrests. Officials claim these raids have had an impact on the widespread nursing home abuse in the state. In preparation for the raids, nursing homes have been forced to abide by the law and uphold the standards that our seniors deserve.

Despite the success of these raids, nursing home abuse and neglect is still common place in our state. The state's long-term care official, Sally Petrone, said that on one recent visit, "a lot of the [patients] still seemed overmedicated."

This comes against a backdrop of a recent raid of the Grasmere Place nursing home in Uptown, a Chicago neighborhood. When officials arrived at the nursing home on July 22 for an unannounced sweep, the facility administrator was there waiting for them, like she had been tipped off. Celeste Jensen later admitted to having been warned about the upcoming raid. However, when officials came back on the night of August 16, what they found was a much different facility. According to the officials, the home was not as clean and there was much less staff.

Chicago Tribune, Inspection was No Surprise to Nursing Home, Sept. 1, 2010

Continue reading "Nursing Home Inspections Reduce Abuse Incidents" »

A plan to build a religious retirement community is being met with much resistance by the residents of Chicago's Mount Greenwood neighborhood. The Sisters of Mercy of the Americas' Regional Community of Chicago plans to build a 146-unit senior living community at 10024 S. Central Park Ave. However, residents claim that it will only add traffic and noise to an already busy area. Despite being approved by the Chicago City Council nearly two years ago, the plans to build are now being opposed by some residents of the area who claim that the Sisters have no right to build on the land.

This is just one example of unwanted or neglected seniors in Illinois recently. Earlier this month, Embassy Health Care Center in Wilmington was threatened by federal sanctions and loss of funding if it didn't clean up its act. The residence had been cited for neglecting seniors' care, poor building maintenance, and failure to prevent bed sores. As of last Thursday, it was reported that the nursing home passed its latest inspection and it would not lose federal funding.

Our team of Illinois nursing home abuse attorneys understands the challenges seniors face in today's world and is committed to fighting for seniors' rights. If you or someone you know has experienced nursing home abuse or neglect, please speak with one of our experienced attorneys today.

Chicago Tribune, Unwelcome Mat Rolled Out for Seniors, Sept. 1, 2010
Nursinghomeabusecenter.org, Nursing Home Abuse Prosecutions Being Dismissed in California, Aug. 30, 2010
Chicago Tribune, Troubled Will Co. Nursing Home Passes Inspection, Aug. 26, 2010