Chicago Nursing Home Abuse Lawyer Blog

A nursing home in Bethalto, Illinois, a rural township just east of St.Louis, is the sight of yet another appalling and inexcusable instance of a nursing home patient being taken advantage of by a worker tasked with their care. The 41-year-old worker from Alton, Illinois allegedly removed an 87-year old patient's fentanyl patch so that she could ingest the pain-killing drug herself.

Fentanyl is an opioid pain killer often administered via skin patches, especially for cancer patients. Without this patch the elderly patient was not receiving the required medicine that she was required to receive. This crime is unspeakable not only because the drug may be used illicitly to have similar effects as heroine on the body, but also because it was done by a person tasked with the care of the elderly at the home.

We at Ed Fox and Associates deplore the kind of behavior this woman took towards her elderly patient. The elderly in our society deserve the utmost respect and care because of their vulnerability. If you or a loved one has been abused, neglected or taken advantage of by a nursing home or workers at a nursing home, please contact one of our trusted and experienced attorneys about protecting your and your loved one's rights.

St.Louis Today, Authorities: Worker in Bethalto nursing home took patient's drug patch, June 29, 2011.

Northlake Nursing and Rehabilitation Center, located just outside Chicago in Merrillville, Indiana, is attempting to reopen its doors. Just over a year since being closed for a number of violations cited by the U.S. Secretary of Health and Human Services for not meeting standards and being labled as one of the worst performing nursing home in the country.

Northlake is now filing suit against the government in order for it to grant it a new license which it states was promised if it could correct "minor citations". The Nursing home contends that when it did correct such violations the government continued to refuse to grant it a new license, in violation of a court agreement.

While we at Ed Fox and Associates do not know exactly what the court agreement consists of, we do know that nursing homes, such as Northlake, need to be held accountable for violations before they are allowed to operate. Nursing homes that abuse or neglect residents and fail to comply with minimum standards need to be once and for all shown that such actions will not go unpunished. If you or a loved one has been abused or neglected while a resident or patient at a nursing home in Illinois and the Chicago area please contact one of our trusted and experienced nursing home attorneys at Ed Fox and Associates.

Post-Tribune, Northlake Nursing Home Trying to Reopen, June 8, 2011.

The saga of nursing home neglect continues in Illinois as just last week Virgil Calvert Nursing and Rehabilitiation Center in Southwestern Illinois was sued by two women who allege that Ms. Vandy May was not properly treated or looked after during her time at the nursing home. As the Madison/St.Clair Record notes, Ms. May developed decubitus ulcers, also known as bed sores, recurrent urinary tract infections, an infection of her urinary tract, malnutrition and dehydration.

Ms. May became further disabled, due to these neglectful conditions the complaint alleges, just before her death. The lawsuit further alleges that not only did Virgil Calvert contribute to May's death by not treating her in a proper manner, they also negligently failed to properly supervise May, failed to protect May from neglect and failed to timely notify May's physician of significant changes in her condition.

These are terrible insights into neglect concerning some of the most vulnerable in our population. If you or someone you know has been the victim of nursing home abuse or neglect in Illinois please contact one of our experienced Illinois nursing home abuse and neglect attorneys today.

The Madison/St.Clair Record, Virgil Calvert Nursing center sued over resident's decubitus ulcers, June 8, 2011.

Why did an 81-year old woman in late May fall to her death from a nursing home window? This is the question family members and authorities are asking after a tragic accident that resulted in the death of Mary Bebee. Not only is Ms. Bebee's death of a great concern to many, but what is of equal concern is the fact that she had alzehiemers and was not properly watched over to prevent such an accident from occurring.

This is not a one time occurrence for the Springfield, Missouri based Skilled Care Center. State inspection reports show that there have been many problems in the past which include, among other things, failure to prevent falls from residents. Further, they rate on a '1 star out of 5 star' on qualtiy rating in terms of health inspections that only goes to show that while much has been done to address nursing home abuse and neglect there is still alot of work to accomplish.

This terrible accident only goes to show that there is still much to be done in order to protect our most vulnerable in society and that much of the punishment that nursing homes across the country face is not going far enough to correcting the problem. If you or someone you know has suffered from nursing home abuse or neglect in Illinois and/or the Chicago area please contact one of our experienced nursing home abuse and neglect attorneys today.

Ozarks First, Woman's Death Outside Nursing Home Raises Safety Concerns, May 11, 2011

In Topsfield, Massachusetts, a group of Certified Nursing Assistants (CNAs) are being accused of abusing several nursing home patients. It was reported that the CNAs videotaped and mocked seniors who had dementia and sent picture text messages of one partially naked elderly man. Another senior was told that her family didn't love her and that is why she would die in the nursing home.

The Massachusetts Department of Public Health has initiated an investigation into these allegations. Also, one CNA was fired during the investigation. Massachusetts has reported that the nursing home is now in compliance of the regulations and the CNAs have appealed the findings against them.

CBS Boston, CNAs at Topsfield Nursing Home Accused of Abusing Patients, Apr. 30, 2011

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New legislation recently proposed in the Tennessee legislature would cap the damages received in medical malpractice cases. Tennessee already caused a stir in 2008 when it passed a law that required every medical malpractice suit to be approved by a doctor. In essence, the law required that a medical expert sign a "certificate of good faith" warranting that the lawsuit has merit. The cost of hiring a medical expert up front, some people argue, has lawyers cherry-picking cases that they know will win. Not only win, but be a big payoff.

The new law proposed in the Tennessee legislature caps emotional suffering to $750,000 and punitive awards to $500,000. Only in exceptional circumstances can a plaintiff recover more. Economic damages, however, are unaffected by this bill, which means that those who earn more will look to make more money from lost wages. Simply stated, this bill hurts those most vulnerable in our society.

The Tennessean.com, Malpractice Suits Face New Barriers, Apr. 24, 2011

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Penny Whitlock, 62, finally faces trial in Woodstock, IL. Whitlock was the supervisor to Marty Himebaugh, the so-called "Angel of Death".Whitlock is charged with five counts of neglect and two counts of obstructing justice. While she was the supervisor at a local nursing home, prosecutors claim Whitlock administered too much morphine to many of her patients.

Many twists and turns have already unfolded in the case thus far. One nurse testified that she saw the Himebaugh leave the room of one patient, looked in, and noticed that half the bottle of morphine was missing. The nurse reported this behavior later in the week to Whitlock who did nothing about the incident. Furthermore, one person testified that they overheard Whitlock telling Himebaugh, "I don't care if you play the 'Angel of Death', just don't let me know about it."

Phil Hisock, chief of the McHenry County State's Attorney criminal division, in opening statements described the events as sounding like a Hollywood movie but having taken place in Woodstock. He alleged that Whitlock was stockpiling bottles of morphine in her desk after her patients died but then destroyed the morphine when she discovered she was being investigated.

Northwest Hearld, Nurse Testified that She Quit Over Morphine Dosing, Apr. 20, 2011

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In recent lawsuits filed in the Northern District for Illinois, facts about the alleged medicare frauds in and around the city are finally coming to light. In one such incident, the Baltimore Sun newspaper tells of a medical equipment company who made thousands of dollars selling medical equipment to a group of seniors who didn't need it. The company, who was unnamed, made a living off convincing mostly elderly Asian residents of Chicago to purchase strollers and hospital beds by convincing them that they will one day need them. The company persuaded the doctor to sign off on the orders and then the receipts were submitted to medicare for reimbursement.

The article also mentioned other tactics being used in the Chicago area to deceive the elderly and rake in fraudulent Medicare and Medicaid checks. In some of the cases, doctors were being charged with falsifying documents as describing some patients who were bedridden when they actually were not. In another case, a nursing home owner was being charged for ordering unnecessary diagnostic tests and profiting off of them.

Chicago Tribune, Medicare Fraud-busters Target Chicago, Apr. 7, 2011

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Two New Mexico sons were arrested after their mother died and police charged them with neglect of her care. The two brothers, Jason Mariner and Clayton Mariner, are alleged to have neglected caring for their 64-year-old mother, who was found dead in her hospice bed in her northwest Albuquerque home. The mother was found to have severe bedsores infested with insects crawling all over her body. Further, her shin was found to be broken and, at one point, her skin had grown over her foot brace.

The mother suffered from multiple sclerosis and was bed-ridden for many years according to her brother and the two sons' uncle. The sons were supposed to help care for their mother, but flaked on their responsibility and stopped showing up. The uncle admitted that the conditions in the home weren't exactly sanitary or clean.

KOAT.com, Police: Woman's Neglected Body Crawling With Insects, Mar. 21, 2011

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The Chicago based non-for-profit group, Equip for Equality, has recently released a study that there were more deaths at Alden Village North attributable to neglect than originally thought. The group was able to conduct its own investigation as part of a nationwide network of advocacy groups that was grant broad powers by Congress to do as much.

The group spent weeks at Alden reviewing records and produced its own report, of which the Chicago Tribune received a copy and reported on its findings earlier this month. The report finds that Alden Village North routinely destroyed reports of medication errors which "bears scrutiny for criminal negligence." Further, the report finds that about 20 residents died since the facility's current owner, Floyd Schlossberg, took over. This is in contrast to the eight residents that this blog and the Chicago Tribune reported on earlier in the year.

As part of the investigations of Alden Village North, the facility was ordered to close in March; however, the facility appealed the order and currently remains open.

Chicago Tribune, More Deaths Identified at North Side Nursing Facility for Disabled Kids, Mar. 28, 2011

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According to papers obtained by the Associated Press, Illinois investigators knew of the abuse happening at Graywood Foundation almost two years before the establishment was shut down. As was recently reported by the Desert News, 42-year-old, Paul McCann, died last January after alleged abuse by the staff at the community home. McCann's abuse was completely unknown by his family members, who say they would have done something about it had they known.

But the state of Illinois did know about the abuse at this home, and did nothing. In 2008, charges were filed against employees of Graywood after he death of Dustin Higgins, another resident of the home. A subsequent 2009 investigation resulted in one investigator calling the conditions at the home "totally unacceptable." The families were not told of the problems, however, and neither was the public. Under Illinois law, nursing home inspections are posted online, but Graywood Foundation is a community home, and these living institutions have different rules.

Illinois finally cut off funding for the community home in January and recently moved the rest of the residents out. However, it is too late for Paul McCann and his family.

These problems may become more common with recent Illinois legislation, which will provide greater freedom for seniors and disabled adults choosing their own nursing home. For this reason, State Rep. Greg Harris (D-Chicago) is currently working on legislation that would require greater oversight of group homes much like Illinois nursing homes.

Desert News, Memo: Ill. Knew of Group Home Abuses Before Death, Mar. 27, 2011

Continue reading "Illinois Investigators Turned a Blind Eye to Abuse" »

Despite cries from the right criticizing Governor Quinn over measly budget cuts, statistics show Gov. Quinn has made drastic cuts for mentally ill citizens. On March 10, Quinn's administration announced that it would cut $57 million for the Illinois Department of Human Services over the next three months. $12 million of this, according to the Huffington Post, would come from behavioral health care.

Frank Anselmo, CEO of Community Behavioral Health Care Association of Illinois CEO said, "between 10,000 to 30,000 people may lose care additionally, on top of the 70,000 who have already lost care." These cuts have placed Illinois in the Top 10 states according to the amount by percentage that they have cut mental health care spending. This is a reduction of 15.1%, and to add insult to injury, Illinois has now cut $113.7 from community mental health care since July 2009.

This paradoxical solution, however, is just another way in which Illinois is misled in cutting its budget deficit. According to an article by the Huffington Post, the real money hog is not community mental health care centers but mental institutions, whose budgets have remained relatively untouched. An Illinois Human Services Commission report found that community-based institutions provide services to 175,000 at $390 millions compared to $640 million for only 15,000 residents in nursing homes.

Huffington Post, Bipartisan Budget Cut Fantasies: Illinois Mental Health Care Decline Is No Fairy Tale, Mar. 21, 2011

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In a horrific story out of the North Side of Chicago, a 74-year-old woman was injured when her neighbor poured 5 gallons of boiling water on her. The Chicago Tribune has reported that both the victim and her neighbor lived in the same building and on the same floor of the Flannery Apartments, a Chicago Housing Authority complex.

Lynn Baggett, 51, offered to make dinner for her neighbor, who had recently been in a car accident, broken both of her feet, and required the use of a wheelchair. What started as an act of neighborly kindness turned to a Norman Bates-style nightmare, when Baggett poured a five-gallon pot of boiling water over the elderly woman's head. Injured from the burns, the victim was able to wheel herself to the lobby and seek assistance.

Chicago Tribune, Woman Poured Boiling Water on Dinner Guest, 21 Mar., 2011

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Last week, federal authorities said they were suspending all Medicaid funding to Wincrest Nursing Center, a nursing home located on the north side of Chicago. Wincrest, located on the 6300 block of Wincrest Avenue, was featured in a 2009 Chicago Tribune article when the facilities' authorities failed to notify state officials about violent felons living within their walls. Officials said they would suspend funding the center on Sunday on Sunday, March 20, although some residents will continue to receive Medicaid funding for 30 days in order to relocated.

The loss of funding comes from federal inspections which reported bloody resident-on-resident attacks, drug use, and alcohol abuse in and around the nursing home. In December 2010, a state official reported that one resident had been prostituting herself in order to buy drugs, and another had pulled a knife on a resident and threatened violence. In addition, federal authorities noted that the facility has failed to provide services to its resident to prevent "avoidable mental deterioration."

Although authorities are not forcing the center to stay open, it is likely it will shut down because 99 percent of its funding comes from Medicaid.

Chicago Tribune, Feds Yank Funding from North Side Nursing Home, March 18, 2011

Continue reading "Resident Attacks Force Chicago Nursing Home to Close" »

Last week, this blog reported on the threat that employing convicted criminals poses in nursing homes. This week, we look at the threat that comes from within: convicted sex offenders residing in nursing homes. The Milwaukee Magazine reported recently on the problem of aging sex offenders in nursing homes in Wisconsin. A report cited by the publication found that at least 45 convicted sex offenders resided in Wisconsin nursing homes, alongside frail and vulnerable elderly citizens.

Wisconsin officials have states that the problem is not as severe as originally thought. They point to the fact that by the time people are in need of nursing home care, they are usually in a medically compromised position and no longer pose a threat to others. However, this is not always the case as is shown by a Donald Henrikson, a 74-year-old, paraplegic sex offender with cerebral palsy from Tomah, Wisconsin. Nineteen years ago, as a resident of the same facility, he was sentenced to five years probation for attempted sexual exploitation of a child.

Advocates say more needs to be done to investigate the background of individuals applying for residence in these nursing homes. They point to Illinois for guidance on their new laws. For example, following a tragic series of nursing home abuse incidents, Illinois now requires criminal background checks of its applicants and notification to current nursing home residents.

Milwaukee Magazine, Do Aging Sex Offenders Endanger Nursing Homes?, 7 March 2011

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