Chicago Nursing Home Abuse Lawyer Blog

Arbitration is a form of alternative dispute resolution. The purpose of arbitration is to attempt to resolve a conflict outside of the court system. In arbitration, a third party comes in and helps two disputing parties to resolve any conflict or issues and aid the parties in reaching a settlement. Arbitration settlements are legally binding. However, simply because one enters into arbitration does not necessarily mean the dispute will be resolved in the proceeding.

There has been increasing discussions in the nursing home community about placing arbitration agreements into nursing home service contracts. This means that if a resident of a nursing home is injured because of a nursing home's negligence, the resident cannot resort to the courts as an initial means of resolving the issue.

Residents, and/or their legal guardians, would be required to submit to arbitration before filing a lawsuit.

Continue reading "Controversial Arbitration Agreements in Nursing Home Abuse and Neglect Lawsuits" »

A nurse at a Southwestern Illinois nursing home stands accused of purposely withholding medications from an 83-year-old resident. The medications were allegedly prescribed to the resident. According to a spokeswoman from the local prosecutor's office, the nurse withheld the medications for a period of 45 days spanning from January 2011 through February 2011.

The spokeswoman said that the resident was hospitalized for a time but then returned to the nursing home. The resident passed away this year. It is not clear yet whether or not the resident's death was a result of the nurse's conduct.

The Illinois Nursing Home Care Act provides for the rights of residents and the responsibilities of nursing home facilities. Knowingly withholding medication is a clear violation of the Act.

Continue reading "Illinois Nurse Accused on Withholding Medications from Resident" »

When most of us think of a nursing home, we picture frail, elderly, people. The reality is that an increasing number of adults with serious mental illnesses are being housed and cared for in Illinois nursing homes.

According to an analysis by the Assoicated Press, the number of mentally ill nursing home patients has jumped by 41% since 2002. In our neighboring state of Missouri, it has climbed nearly 76%.

Mentally ill patients technically should not be receiving treatment in nursing homes unless they suffer from disabilities that require extra care and supervision.

Furthermore, having mentally ill patients in the same environment as elderly nursing home patients can deter from the quality of care nursing home residents receive.

The attorneys at Ed Fox & Associates are dedicated to ensuring that nursing home residents receive the care and attention that they deserve and require. If you or someone you love has suffered from poor care at a nursing home facility, call the experienced nursing home abuse attorneys at Ed Fox & Associates today.

Elder abuse comes in many forms, including but not limited to phsyical, sexual and financial abuse. This type of abuse happens in the home, in the community, in assisted living centers and in nursing homes. In fact, according to a phone survey done by the National Institute on Justice, one in ten healthy adults over the age of sixty are victims. In addition, a study by the University of California-Irvine revealed that 47% of elders cared for by family members are abused and/or neglected and as many of 96% of cases go unreported. This is not suprising when you consider how difficult it is to detect the signs of elder abuse. People do not know what signs to look for and becasue the elder tend to bruise and facture more easily, such things as bruising on the neck, head, inner thights, etc. often do not raise red flags.

Marie-Therese Connolly, a 2011 MacArthur Fellow, discusses how foresnic science could be a way to increase detection of nursing home abuse. She says that "[a]dvancing forensic knoweldge is important so social and protective services workers, physicians, emergency room personnel and presecutors know what to look for and what kinds of questions to ask about injuries." If a person can assess the nature of a bruise on an elder individual, this could absolutely increase detection of abuse and/or neglect.

As the Baby Boomers age, the population that is most vulnerable to nursing home neglect and/or abuse is sure to increase. With the inevitable soon-to-be increase in the elder population, the public needs to be educated on how to detect nursing home-related injuries and the advancement of foresnic knowledge is an important and effective way of achieving that objective.

If you or someone you love has been injured at a nursing home, please call the experienced attorneys at Ed Fox & Associates today. We are dedicated to ensuring nursing home residents obtain the proper care and attention to keep residents healthy and safe.

Approximately 300 nursing homes can expect inspections by the Occupational Health and Safety Administration. The inspections are part of one of the latest agency directives aimed at long-term care providers.

Nursing homes with 20 or more employees that have a Days Away, Restricted, or Transferred rate at or over 16 days are the main target.

OSHA inspectors are focusing on workplace factors such as stressors, exposure to blood ot other potentially infectious materials, exposure to tuberculosis, as well as trips, slips, and falls.

Nursing homes workers have come to the attention of OSHA due to their high rate of injury on the job and illness.

Continue reading "OSHA Plans Inspection of Nursing Homes" »

It is the beginning of November. Snow is not far off and colder weather has already set in. The Chicagoland area is no stranger to winter storms and freezing temperatures. With the winter weather fast approaching, nursing homes need to be prepare their facilities and residents for the winter season.

Nursing homes are required by law to maintain safe and functioning facilities. This means nursing homes and their staff should be checking furnaces for proper function and safety which includes reviewing every resident's room to be sure the temperatures remain warm.

Nursing home residents are more susceptible to cold and flu viruses. All nursing home residents should receive flu shots in order to protect them this winter.

Furthermore, icy conditions can often leave to damaging falls and accidents. To avoid icy conditions, salt and sand may be used on outdoor pathways to ensure resident and staff safety.

If you or a loved one lives in a nursing home, be sure to ask the staff what they are doing to prepare the facility for the cold weather and winter storms.

Continue reading "Winter in Chicago is Fast Approaching; Nursing Homes Prepare" »

Toni Davis is the director of Green Hill Retirement Community in New Jersey. Green Hill is one of two dozen other nursing home operators who is trying to reinvent the nursing home through implementing Green Houses.

The Green House Project is dedicated to giving the elderly a more home-like environment while still being in the care of nursing home staff.

At the Green Hill Retirement Community, 4 new Green Homes have been built behind the larger nursing home facility. The homes are designed to be just that, homes. 10 residents live in each home. The front door opens to a large living and dining area that attaches to an open kitchen. Ms. Davis said the open layout allows the staff to communicate with members while cooking meals. Private baths and bedrooms circle the large living area. The homes also boast front porches and back decks for residents to socialize on or simply relax.

Ms. Davis is determined to make the nursing home community a place where residents feel little reason to leave. She put in fish tanks, bird cages, and brings dogs in for pet therapy.

In traditional nursing homes, each staff employee has a specific job; cooking and laundry are two examples. Furthermore, nursing homes operate on a fairly tight schedule. Residents are woken up in the morning, fed, and bathed.

Two certified nurses assistants work in the homes and are not assigned to specific tasks. One licensed nurse does rounds between the homes throughout the day.

The assistants do pretty much everything in the home including cooking, cleaning, laundry, and bathing residents. This allows the residents to become familiar with the staff and also allows the residents more flexibility in their schedules. One staff member at Green Hill commented that if a resident does not feel like waking up for breakfast, she doesn't have to. Instead, the staff can bring her a milkshake in bed.

Continue reading "Breath of Fresh Air in Nursing Home Care" »