Chicago Nursing Home Abuse Lawyer Blog

On Monday, August 29, 2011, the State of Illinois took a big step to end Illinois' long-standing reliance on nursing homes to house adults with disabilities. A proposed settlement to a class-action lawsuit was filed on Monday in federal court that would require Illinois state agencies to offer subsidized apartments to Cook County residents who can function independently and outside of nursing home care.

Before this agreement becomes state policy, it must be subjected to a "fairness hearing" to consider the comments and/or objections of interested parties. This agreement, however, is likely to receive positive reactions by interested parties and has been hailed as a civil rights victory by advocates for low-income people with disabilities who say the new settlement would bolster recent court agreements and much needed legislative reforms aimed at reshaping Illinois' long-term care system.

Governor Pat Quinn and other Illinois officials worked to settle three linked disability-rights lawsuits and reform Illinois nursing homes following a 2009 Chicago Tribune investigation that detailed several instances of extensive nursing home abuse. While many Cook County residents receive excellent treatment in nursing home facilities, others suffer great abuse at the hands of those in positions of authority and Illinois legislatures, by proposing this new agreement, are trying to reform Illinois' long-term care system and reduce instances of abuse.

Chicago Tribune, State may end reliance on nursing homes for disabled adults, August 29, 2011.

As experienced nursing home neglect and abuse attorneys, the attorneys at Ed Fox and Associates know many nursing home abuse incidents occur in understaffed and poorly maintained nursing home facilities. Given that many nursing homes are directly or indirectly funded through Medicaid and Medicare, we must pay close attention to the current budget crisis and legislative response to said crisis.

The effects of legislative budget cuts in Medicare and Medicaid funding has decreased nursing homes' ability to remain fully staffed with quality care providers. The increasing number of nursing home neglect and abuse cases filed in the past two years may be a further sign that the budget cuts are having detrimental effects on the nursing home industry and our senior citizens who rely on the industry's services.

With the current budget crisis on everyone's mind, the nursing home industry has reportedly decided to launch a multimillion dollar ad buy and advocacy campaign to prevent further Medicare and Medicaid cuts once Congress returns to Washington. "This nationwide campaign aims to inform our lawmakers that additional cuts to skilled nursing and assisted living threaten access to quality care needed by America's seniors and individuals with disabilities," said Mark Parkinson, president of the American Health Care Association. According to data recently released by Avalere Health, nursing home facilities have absorbed federal payment cuts in just the past two years that will add up to $128 billion throughout the next decade.

As nursing home neglect and abuse attorneys, we know the consequences of under or poorly staffed facilities. Understaffed and poorly maintained facilities are much more likely to have incidents of residents with pressure sores, fall accidents, and conditions related to poor nutrition.

Those of us with loved ones in a nursing home know the importance and peace of mind that comes with knowing our loved one is given the highest quality of care. If you or someone you know has suffered from nursing home abuse or neglect, please contact one of our experienced nursing home abuse and neglect attorneys today.

Healthwatch: Nursing homes launch TV, lobbying campaign to ward off Medicare cuts, August 29, 2011.

The Madison St. Clair Record reported on July 21, 2011, that Dorothy Stimson, a resident of Glen Carbon Nursing Home, filed a lawsuit against Eden Village Care Center claiming that a faulty furnace in her room caused her to suffer a heat stroke. Stimson stated that one one evening in October 2010, the malfunctioning furnace heated her room to 110 degrees.

Stimson states that the heat caused her to suffer a heat stroke. Stimson was found on the floor of her room the next morning, unconscious and near death from exposure to the intense heat.

Stimson is claiming $100,000 for medical damages and court costs.

Cases of Illinois nursing home negligence not only arise from poor medical care but may also arise from improper upkeep of nursing home care facilities. Illinois nursing homes are required by law to maintain proper upkeep or their facilities. If you or your loved one fear that a maintenance issue or faulty design issue with a nursing home facility may endanger or has endangered your or someone you love, contact the experienced attorneys at Ed Fox & Associates.

Madison Record: Glen Carbon nursing home resident claims heat stroke in suit, July 21, 2011

Authorities in Kentucky have handed over a recent case that alleges that a Northern Kentucky nursing home provided substandard care to many of its residents. U.S. Attorney Kerry Harvey filed a lawsuit alleging that Villaspring Health Care and Rehabilitation in Erlanger, Kentucky, roughly 100 miles from the Illinois border, and its parent company billed Medicare and Medicaid for "worthless" services and seeks reimbursement for the government. The Kentucky Attorney General sent this lawsuit to the U.S. Attorney in order to get the "best result possible", in other words to levy the greatest amount of fines against the nursing homes so that it will be adequately punished for the wrongs they committed with respects to many residents.

The allegations stem from incidents that occurred between 2004 and 2008 when numerous residents suffereed serious injuries because nursing home personnel did not properly follow physicians' orders, did not properly treat bed sores, did not update resident care plans and di not monitor blood-sugar levels of diabertic patients. Of these residents that were neglected adequate treatment, five died shortly afterwards the lawsuit alleges. Kenton County Attorney Garry Edmondson, who originally received the lawsuit and sent it to the Kentucky Attorney General has been quoted as saying that "I am confident that the elder abuse victims and their families will receive justice."

This is a step in the right direction to make sure that elder abuse and neglect does not go unpunished. It is important to note that victims of abuse and neglect, along with their families, have other alternatives for justice other than government intervention such as a private lawsuit against nursing homes that violate the law. Our attorney's have fought and won a number of cases in Chicago, Illinois and surrounding area. If you or someone you love has been the victim of nursing home abuse or neglect please contact one of our trusted and experienced attorney's to see that your or your loved one's rights are vindicated.

The New Republic, Ky. nursing home case alleging substandard care given to federal prosecutors for 'best result', July 20, 2011.