Chicago Nursing Home Abuse Lawyer Blog

This morning, a local new source is reporting that 14 area defendants were charged in unrelated health care fraud cases. Among the charged are a Chicago area physician, two chiropractors, three nurses, a pharmacist, and several home health industry administrators and recruiters. Seven of the defendants were charged for violating the anti-kickback statute, an essential provision, which makes kickbacks illegal in exchange for medical referrals. In total, the defendants were charged in eight different cases.

Eric Holder, Attorney General for the United States, sees this latest crackdown as part of a successful, ongoing law enforcement initiative against the crime of health care fraud. He stated, "We have to protect our nation's most essential health care programs, Medicare and Medicaid... As today's arrests prove, we are waging an aggressive fight against health care fraud."

In addition, Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, has announced the formation of a HEAT strike force in northern Illinois to crack down on health care fraud. Along with his efforts, the Federal Bureau of Investigation is involved to carry out this law enforcement. Officials have pointed to the increased cost of health care services as a vital reason for pursing these crackdowns.

Fourteen Area Defendants Charged in Eight Separate Federal Health Care Fraud Cases, Feb. 28, 2011

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The American Association for Justice has recently highlighted a national bill that would take many rights away for injured nursing home patients. The bill strips those who have suffered from nursing home negligence, defective drugs, and medical devices from many remedies that would ensure the health care provider's liability.

Early last week, the U.S. House Judiciary Committee passed H.R. 5, which will take away the rights of injured patients to hold nursing homes accountable. The bill is now expected to go to the House of Representatives where a vote is expected as early as next month. Amendments to the bill, including such things as allowing joint and several liability, where voted down and struck out of the bill. Additionally, an amendment which would eliminate immunity for intentional torts was defeated.

C. Gibson Vance, the President of the American Association for Justice said, "Projects that take away the legal rights of patients ignore the real problem: the 98,000 people that die every year from preventable medical errors. Legal accountability provides a strong incentive to focus on safety and reduce errors. Eliminating that incentive is bad policy and bad for patients."

American Association for Justice, Feb. 18, 2011

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Regina Daniels, a 49-year-old caregiver and operator of two nursing home for vulnerable adults, has been charged with first-degree criminal mistreatment, a charge, which in Washington state, carries a 4 to 5 and a half year prison term. During her time, Daniels allegedly hired one inexperienced, untrained employee to provide round-the-clock care to three nursing home residents.

Hannah Sinnett was one of the residents under Daniels' care at Seattle Heights Elder Care Home. Sinnett had been diagnosed with dementia in 2006 and required attention every two hours. Sinnett was taken to the hospital on December 28, 2009 when she was suffering from bedsores and dehydration. The doctors located 10 different bedsores on Sinnett and said she was drowsy and incoherent, a result of the blood poisoning from the infected sores. Sinnett was treated and released from the hospital a few days later; however, she died on January 12, 2010.

Prosecutors have placed the blame on Daniels, stating that she was aware Sinnet was susceptible to bedsores yet did not take the proper precautions. Further, they allege, Daniels neglected Sinnett by hiring an inexperienced worker and failing to train that worker to take care of elderly patients. Allegedly, Daniels rarely came by the home and only to drop off groceries, leaving the care for her employees. The neglect was so bad that other nurses recommended taking Sinnett to the hospital, but Daniels did not heed their advice. Sinnett's bedsores were so severe, that when she finally was treated, one nurse remarked, "I almost passed out from the smell."

SeattlePI.com, Home Operator Charged After Neglected Woman, 92, Dies, Feb. 16, 2011

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According to a recent article by a San Diego newspaper, elder abuse is growing at an alarming rate across the country. This report includes places like Illinois, which has a bad reputation for nursing home abuse and neglect. One reason may be the extending living rates of our seniors thanks to improvements in health care and medication. Whatever the reason, San Diego County has signed a significant increase in the amount of elder abuse cases since 2006.

Unfortunately, the majority of cases happen in the elder person's home. Ninety-five percent of all elderly citizens live at home, and therefore, a majority of the abuse is at the hands of those they love and trust. This, according to Illinois-based Adult Protective Services Association, is shocking. The next largest group are those called "trusted others" such as home health-care workers. And if that isn't alarming enough, the study estimates that only one in thirteen incidents of abuse is even reported to authorities.

Authorities cite numerous other problems and reasons for the rise of these atrocious incidents. One example is the increased and growing space between family members which requires elderly citizens to hire these health-care workers. The workers are placed in a position of trust and often take advantage of their patients, who see them as new friends.

In some good news, the new Healthcare Reform Act, which congress passed last year would provide additional funds to combat elder abuse. As of yet, however, none of these funds have been allocated.

San Diego Union-Tribue, Elder abuse, often unnoticed, growing at alarming rate, Jan. 30, 2011

According to a recently filed lawsuit, a Belleville nursing home is accused of causing the death of one of its residents, Doris I. Schaeperkoetter. Ms. Schaeperkoetter had lived in The Lincoln Home from July 2008 through January 2010 when she passed away from complications. Carol Keifer, the executor of Ms. Schaeperkoetter's estate, has alleged that Schaeperkoetter did not receive the type of care which was expected of the nursing home, and as a result, Schaeperkoetter suffered dehydration, sepsis and hypoxia. This lack of care, Keifer alleges, ultimately led to the death in January 2010.

Kiefer filed the suit in a St. Clair County Circuit Court against the nursing home and its owner, Weiss Management Group LLC. They are accused of nursing home negligence and wrongful death and also of violating the Illinois Nursing Home Care Act. Kiefer seeks over $200,000 in damages.

The Madison St. Clair Record, Belleville Nursing Home Named in Wrongful Death Complaint, Feb. 3, 2011

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In an awful story out of Switzerland, an unnamed man is being charged for abusing 114 children and disabled adults. Police officials in Bern are investigating the man after two victims stepped forward to report the incidents. Among the victims are children of fellow staff members and one child as young as one year old.

While most of the cases took place in a small number of nursing homes around the Swiss city of Bern, one incident happened in another area of Switzerland and one in Germany. Swiss police are in shock over how long this has continued to go on. However, many of the victims are outraged over the lack of oversight. The man, 54, was originally charged of sexual abuse in 2003 but the complaint was dropped due to conflicting evidence. That incident originated from a complaint by a 13 year-old mentally disabled girl.

BBC News, Swiss Care Worker 'Sexually Abused 114 People,' Feb. 1, 2011

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