Chicago Nursing Home Abuse Lawyer Blog

The short answer to that question is no. When most of us think about Nursing Home Abuse and other similar types of fraud or neglect, we automatically assume the victim is a Senior. Two recent incidents that we came across recently illustrate how that assumption is not always accurate.

In a Southern Indiana City not too far from us in Chicago named Seymour, a 26-year old woman named Kasey Scott plead guilty to Medicaid fraud and neglect of a dependent. Scott, who is a licensed practical nurse, was working for a home respite-care agency when she was hired by a local family to care for their severely disabled 7-year-old son at their home during daytime hours that his parents would be at work. According to the probable cause affidavit, Scott was supposed to follow a care plan which included "providing physical therapy, exercise, interaction, and monitoring the child's vital signs when he experienced seizures." The mother set up a hidden camera to record video during the hours that Scott was to be there due to concerns about the care she was providing. The video showed that on June 5 and 6 of 2011, Scott provided inadequate care which was limited to only feeding, diapering and giving the child medication. The rest of the time, Scott would leave the blind, disabled 7-year old boy on a couch for hours by himself while she would read or watch TV. Scott also falsified notes and stated that she provided care which she did not actually provide which led her employer, Loving Care Agency of Indianapolis, to unknowingly submit false claims to Medicaid for reimbursement of funds that the program paid. Scott will serve one year of her four-year sentence on home detention and the remaining three years on supervised probation.

The second incident is even more troubling. This incident occurred in an Arkansas nursing home/rehabilitation center where a 21-year old female disabled resident told the staff that a man came in and molested her. When police arrived on the scene they tracked down a 42-year old man who claimed that he had visited the nursing home that day, heard the resident call out for help, went to her aid, and called a nurse for her. Police gathered DNA from the man which ended up matching the evidence in the rape kit. The man was charged with the fourth degree felony of gross sexual imposition. The article went on to reveal some startling statistics on abuse in nursing homes: The National Center on Elder Abuse reported that there were roughly 5.9 million cases in 2010 with 58% of these cases relating to neglect. For more up to date statistics on nursing home abuse, you can check out the Center on Elder Abuse's fact sheet which will be attached here.

If you or someone you love has been injured, neglected or abused in a nursing home at the hands of nursing home caretakers, please contact Ed Fox & Associates today.

The Florida Supreme Court has recently handed down two decisions regarding arbitration clauses in nursing home disputes (Shotts v. OP Winter Haven, Gessa v. Manor Care of Florida) The court struck down a segment of nursing home arbitration clauses that put in place damage caps that fell below what is legally recoverable in state court.

The rulings are being hailed as a big win for nursing home residents and their families. And though these cases come out of Florida, the effects of the decisions are predicted to be felt throughout other States. Legal experts are saying that the decisions may likely deter nursing homes in other states from imposing similar damage caps in their arbitration clauses.

Continue reading "Damage Caps in Nursing Home Arbitration Clauses" »

On Wednesday, October 26, 2011, the Northwest Herald reported that a 22-year-old certified nurse's assistance is facing felony sex charges. The young man worked at the Crystal Pines Rehabilitation and Health Care Center in Crystal Lake, Illinois.

A 93-year-old patient of the Crystal Pines facility is alleging that the nurse's assistance penetrated her with his fingers at around 4:00 a.m. one morning. Immediately after the alleged incident occurred, the patient notified authorities and was taken to a local hospital for evaluation.

The facility's administrator stated that Crystal Pine's complies with the Illinois Department of Health's rule that requires a criminal background check of all nursing home staff and residents. He stated that he was not aware of anything in the suspect's background that would have made him ineligible to work there.

Continue reading "Alleged Sex Crime in Crystal Lake, Illinois Nursing Home" »

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

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

Continue reading "New Law Restricts Medical Malpractice Suits" »

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

Continue reading "Angel of Death Trial Begins" »

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

Continue reading "The Problem With Sex Offenders in Nursing Homes" »

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

Continue reading "Seattle Caregiver Neglects Ill Patient" »

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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A St. Clair County nursing home was sued recently after one of its patients tripped over a telephone wire and died, according to a complaint filed in circuit court. Anastasia J. Hubert, was an elderly patient of Cambridge House, was walking down the facility's hallway when she tripped over a telephone wire adjacent to a third floor nurse's station.

The family's nursing home lawsuit alleges that as a result of the fall, Anastasia suffered a spinal fracture of the distal right femur and her health spiraled downhill from there. Things only got worse, alleges David Hubert, who is bringing the complaint on behalf of Anastasia's estate. Anastasia subsequently contracted pneumonia and died.

David Hubert is seeking a judgment to compensate for Anastasia's pain and suffering in the amount of $200,000. Further, he alleges that the telephone cord should have been secured as to protect against this obvious hazard.

The Madison St. Clair Record, Assisted Living Center Sued After Resident Trips on Telephone Wire, Dies, Jan. 19, 2011

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A jury in Hopkins County, Kentucky recently awarded $42.75 million to the family of a man who suffered from nursing home abuse. Joseph Cling Offutt, 92, died just nine days after entering Harborside of Madisonville nursing home. Despite having a feeding tube, the nursing home facility failed to provide Mr. Offutt with enough water to live and he died of severe dehydration. The facility recently changed its name to Hillside Villa Care and Rehabilitation Center.

Carol Britt, administrator of the facility, called the verdict "outrageous" and wildly disproportionate to the harm done. The jury awarded $1 million for Mr. Offutt's pain and suffering, $1.75 million for his wife's loss, and $40 million in punitive damages. The defendants haved vowed to appeal the verdict and its award.

Mr. Offutt's family argued that among the abuse and neglect he suffered in the nursing home, Offutt experienced bedsores, infections, and death. Officials with the Cabinet for Health and Family Services supported the family in their fight against this abuse.

Newsinferno.com, $42.75 Million Verdict in Nursing Home Abuse Lawsuit, Nov. 22, 2010

Continue reading "Kentucky Family Awarded $42.75 Million" »

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

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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" »