Archive for category: Blog

Widespread Sexual Abuse Misconduct Within Chicago Public Schools (CPS)

CHICAGO, IL – In recent years, media began to cover the sexual misconduct occurring within the Chicago Public Schools (CPS) system. The number of police reports of sexual assault and abuse of children inside schools in 2017 has not declined in recent years.

An internal CPS document revealed a total of 430 reported incidents of sexual assault, abuse and harassment in the past seven years. Approximately 230 of those reported incidents led to evidence of teachers and school employees committing sexual misconduct.

Stories of abuse 

Morgan Aranda reported a teacher at Payton College Prep for kissing her face and touching her inappropriately when she was just 14-years-old. The teacher was ultimately dismissed. Aranda spoke to the Chicago Tribune to encourage others to speak up about abuse.

“If more survivors speak out about their assaults, ultimately fewer students will be harmed,” she said.

In another circumstance, Simeon Career Academy failed to conduct a mandated criminal background check before hiring Gerald Gaddy, also known as “Coach Babyface,” as an assistant coach of the boys wrestling and girls track teams starting in 2010. The following year when officials finally looked into the coach, the district’s Office of School Safety and Security sent an urgent email to Simeon’s principals stressing that Gaddy should not be allowed near students.

“This person MUST NOT perform volunteer work,” Chicago Public Schools employee Luz DeLuna wrote in the email to Simeon.

Instead, Gaddy became a prominent presence within the school, a South Side prosperous coach turning players into NBA superstars and competed for state trophies. Gaddy was eventually given a master key to the school classroom and offices.

In one of those offices, as reported by the Chicago Tribune, was a secluded space overlooking the school’s Olympic-sized pool where he would rape a 16-year-old athlete and repeatedly tell her “I want to see tears in your eyes.”

Gaddy subjected at least 6 more students to unwanted sexual touches and frightening sexual come-ons in a pattern of abuse that lasted for more than a year, according to police reports.

The hard-hitting statistics

Chicago Board of Education Inspector General Will Fletcher reported 470 sexual complaints against Chicago Public School employees from students in 2022. The report details students being abuse, groomed, assaulted, threatened and groped by school officials or staff.

The Office of Inspector General (OIP) recommended disciplinary actions for any administer or staff who failed to report complaints of abuse. In total, there were more than 1,800 complaints received last year covering the sexual allegations, misappropriation of funds, bulling and other bad conduct. There were 725 investigated.

Who can be held responsible for sexual misconduct?

In short, several potential defendants can be named in a sexual misconduct lawsuit. Any person who committed the wrongful act including employers, organizations and others in power of authority over the abuser may be held legally liable.

In many cases, taking taking action against the organization that was negligent in preventing the sexual misconduct is a wise choice; however, you should consult with an experienced sexual misconduct attorney in Chicago, Illinois immediately. A skilled lawyer will be able to look at the facts, and explain who can be named in a lawsuit.

The Dinizulu Law Group is here to help you!

If you or someone you love has been a victim of sexual misconduct, we understand wanting to take action against your abuser and holding them accountable. The Chicago sexual misconduct attorneys at the Dinizulu Law Group understand how emotionally draining these types of claims can be, and are here to support and assist you every steps of the way. Our skilled attorneys will provide you with top quality legal representation and give your case the care and attention it deserves.

To receive a free consultation, call us now at (312) 382-1920.

Delayed Injuries from Illinois Car Accident May Require an Attorney

CHICAGO, IL – Dealing with the aftermath of a car accident is far from relaxing. It becomes a stressful time full of uncertainties about your health and finances. If you delayed your car accident claim, it isn’t necessarily too late to go after compensation for your personal injuries.  Here are a few tips from the Dinizulu Law Group if you find yourself in this situation:

Pay attention to your symptoms
It can be difficult to tell if symptoms are a result of a car accident, which is why anyone involved should keep a close eye on their symptoms and overall health over the following days and weeks. Some common delayed symptoms include:

  • Chronic headaches
  • Psychological changes
  • Neck or shoulder pain and/or stiffness
  • Back pain
  • Abdominal pain, swelling or bruising

Statute of limitations in Illinois

Under Illinois law, the statute of limitations for car accident claims is two years under most circumstances. From the date your motor vehicle accident occurred, you have two years to file a claim. It’s best to consult with an attorney immediately after an accident. Delaying a car accident claim can have serious, unintended consequences including lost evidence or credibility which will only make your case harder to fight in court.

How can the Dinizulu Law Group help me or someone I loved who has been injured in a car accident? 

If you have delayed filing a car accident claim in Illinois, the personal injury attorneys at the Dinizulu Law Group are here to assist you and overcome the challenges that come with an injury claim. Our skilled attorneys will take evaluate your case and transparently tell you if you have a viable claim for compensation. Call our office today for a free initial case evaluation at (312) 384-1920.

What to Consider When Choosing a Medical Malpractice Attorney

CHICAGO, IL – If you have suffered an injury due to improper patient care, it may be overwhelming and confusing what steps to take next in order to seek justice for the harm suffered. Medical malpractice lawsuits are burdensome and you should choose an experienced lawyer with a specific focus on medical malpractice. Here are five things you should look for when choosing a medical malpractice attorney to take on your case:

  1. Experience is crucial. It’s important to choose a lawyer who has years of experience handling medical malpractice cases. This type of law is very complex, and you want someone who knows what they’re doing and understands the ins and outs of a medical malpractice case. Do your research and look for a lawyer who has successfully handled cases similar to yours.
  2. Resources are critical. Medical malpractice cases can be lengthy and costly to litigate. You want to ensure that your medical malpractice lawyer has the necessary resources to handle the complexity of the lawsuit.
  3. You should feel comfortable communicating with your lawyer. It’s important to feel paramount with someone handling your case. Your lawyer should keep you informed about the status of your case, any updates and be available to you to answer your questions.
  4. A commitment to you. The attorney you hire should be committed to getting you the compensation you deserve. This means they should be ready and willing to go to trial, if necessary. While many cases are settled out of court, it’s important to know your lawyer will take your case all the way.
  5. Results matter. You ultimately want to look for a trusted lawyer who gets results. Search for an attorney who has a proven track record of success with medical malpractice cases. Consult with a medical malpractice attorney prior to signing a contingency agreement and ask about their recent settlements and verdicts.

Choosing the right medical malpractice lawyer can make all the difference in the outcome of your case. Keep these factors in mind when choosing an attorney.

Call the Dinizulu Law Group today

If you or someone you know has suffered from medical malpractice, it’s important to seek legal counsel right away. The Dinizulu Law Group in Chicago, Illinois are well-versed in medical malpractice law and can help you navigate the complex legal process. Call our office to schedule a free consultation today at (312) 384-1920.

Chicago Nursing Home Abuse: Recent Incidents Highlight the Need for Improved Oversight and Protection for Vulnerable Residents

Nursing home abuse is a serious problem in Chicago, and recent incidents have highlighted the need for improved oversight and protection for vulnerable residents. Elder abuse can take many forms including physical, emotional and financial abuse, and can have devastating consequences for victims and their families.

One of the primary challenges in addressing nursing home abuse is identifying when the abuse is occurring. Elderly residents may be hesitant to report abuse out of fear or shame and some may have cognitive or physical impairments that make it difficult for them to communicate effectively. Family members and caregivers also need to be vigilant and aware of the signs of abuse, including unexplained injuries, changes in behavior or mood and financial irregularities.

Another challenge is holding nursing home and their staff accountable for instances of abuse. In many cases, nursing homes may be understaffed or lack the resources necessary to properly care for residents, leading to neglect or abuse. Additionally, nursing homes may try to cover up incidents of abuse in order to avoid liability or negative publicity.

Recent incidents of nursing home abuse in Chicago have highlighted the need for improved oversight and accountability. In 2019, a nursing home in Chicago was fined $50,000 by the Illinois Department of Public Health after a resident fell and suffered a serious head injury. The nursing home had failed to implement a care plan for the resident, despite being aware of the resident’s risk for falls.

In another case, a nursing home in Chicago was fined $25,000 after a resident died from a medication error. The nursing home had failed to properly monitor the resident’s medications, leading to an overdose.

These incidents demonstrate the importance of strong regulatory oversight and accountability measures to prevent and respond to nursing home abuse. The state of Illinois has taken steps to improve oversight in recent years, including implementing stricter licensing requirements for nursing homes and increasing fines for violations of state regulations.

However, more needs to be done to protect vulnerable residents and hold nursing homes accountable for instances of abuse. Advocates are calling for increased funding for regulatory agencies and stronger penalties for nursing homes that violate regulations or fail to provide adequate care. They are also calling for increased support for victims and their families, including access to legal representation and counseling services.

In addition to these measures, there are a number of steps that nursing homes and their staff can take to prevent abuse from occurring in the first place. These include providing regular training on recognizing and preventing abuse, implementing policies and procedures to ensure that staff is held accountable for their actions, and fostering a culture of respect and dignity for residents.

In conclusion, nursing home abuse is a serious problem in Chicago, and recent incidents have highlighted the need for improved oversight and protection for vulnerable residents. By implementing stronger regulatory oversight and accountability measures, providing support for victims and their families, and promoting a culture of respect and dignity for residents, it may be possible to prevent instances of abuse and improve the quality of care for elderly residents in nursing homes.

The signs of abuse and neglect

It is also important for family members and caregivers to be aware of the signs of abuse and neglect, and to take action if they suspect that abuse is occurring. This may include reporting incidents of abuse to regulatory agencies or law enforcement, contacting an attorney to discuss legal options, or seeking alternative care arrangements for the resident.

In addition to physical abuse, nursing home residents may also experience emotional abuse, such as humiliation, isolation, or verbal abuse. This type of abuse can be difficult to detect, as it may not leave physical evidence. However, it can have serious consequences for the resident’s mental health and well-being, and can lead to depression, anxiety, and other emotional issues.

Financial abuse is another form of elder abuse that can occur in nursing homes. This may include theft of personal belongings or funds, coercion or manipulation to change estate planning documents or financial accounts, or other forms of financial exploitation. Family members and caregivers should be aware of the signs of financial abuse, such as unexplained changes in financial accounts, missing or stolen funds, or sudden changes in estate planning documents.

In conclusion, nursing home abuse is a serious problem in Chicago and across the country, and it is important to take steps to protect vulnerable residents and hold nursing homes accountable for instances of abuse. By improving regulatory oversight, providing support for victims and their families, and promoting a culture of respect and dignity for residents, it may be possible to prevent instances of abuse and improve the quality of care for elderly residents in nursing homes.

Get in touch with an attorney at the Dinizulu Law Group, Ltd today.

Reach them at:

Address: 221 North LaSalle Suite 1100 Chicago, IL 60601
Phone: (312) 384-1920
Toll Free: 1-800-693-1LAW(1529)
Email: info@dinizululawgroup.com

Chicago Nursing Home Abuse: Recent Incidents Highlight the Need for Improved Oversight and Protection for Vulnerable Residents

CHICAGO, IL – Nursing home abuse is a serious problem in Chicago, and recent incidents have highlighted the need for improved oversight and protection for vulnerable residents. Elder abuse can take many forms, including physical, emotional and financial abuse, and can have devastating consequences for victims and their families.

One of the primary challenges in addressing nursing home abuse is identifying when abuse is occurring. Elderly residents may be hesitant to report abuse out of fear or shame, and some may have cognitive or physical impairments that make it difficult for them to communicate effectively. Family members and caregivers also need to be vigilant and aware of the signs of abuse, including unexplained injuries, changes in behavior or mood and financial irregularities.

Another challenge is holding nursing homes and their staff accountable for instances of abuse. In many cases, nursing homes may be understaffed or lack the resources necessary to properly care for residents, leading to neglect or abuse. Additionally, nursing homes may try to cover up incidents of abuse in order to avoid liability or negative publicity.

Recent incidents of nursing home abuse in Chicago have highlighted the need for improved oversight and accountability. In 2019, a nursing home in Chicago was fined $50,000 by the Illinois Department of Public Health after a resident fell and suffered a serious head injury. The nursing home had failed to implement a care plan for the resident, despite being aware of the resident’s risk for falls.

In another case, a nursing home in Chicago was fined $25,000 after a resident died from a medication error. The nursing home had failed to properly monitor the resident’s medications, leading to an overdose.

These incidents demonstrate the importance of strong regulatory oversight and accountability measures to prevent and respond to nursing home abuse. The state of Illinois has taken steps to improve oversight in recent years, including implementing stricter licensing requirements for nursing homes and increasing fines for violations of state regulations.

However, more needs to be done to protect vulnerable residents and hold nursing homes accountable for instances of abuse. Advocates are calling for increased funding for regulatory agencies and stronger penalties for nursing homes that violate regulations or fail to provide adequate care. They are also calling for increased support for victims and their families, including access to legal representation and counseling services.

In addition to these measures, there are a number of steps that nursing homes and their staff can take to prevent abuse from occurring in the first place. These include providing regular training on recognizing and preventing abuse, implementing policies and procedures to ensure that staff is held accountable for their actions, and fostering a culture of respect and dignity for residents.

In conclusion, nursing home abuse is a serious problem in Chicago, and recent incidents have highlighted the need for improved oversight and protection for vulnerable residents. By implementing stronger regulatory oversight and accountability measures, providing support for victims and their families, and promoting a culture of respect and dignity for residents, it may be possible to prevent instances of abuse and improve the quality of care for elderly residents in nursing homes.

The signs of abuse and neglect

It is also important for family members and caregivers to be aware of the signs of abuse and neglect, and to take action if they suspect that abuse is occurring. This may include reporting incidents of abuse to regulatory agencies or law enforcement, contacting an attorney to discuss legal options, or seeking alternative care arrangements for the resident.

In addition to physical abuse, nursing home residents may also experience emotional abuse, such as humiliation, isolation, or verbal abuse. This type of abuse can be difficult to detect, as it may not leave physical evidence. However, it can have serious consequences for the resident’s mental health and well-being, and can lead to depression, anxiety, and other emotional issues.

Financial abuse is another form of elder abuse that can occur in nursing homes. This may include theft of personal belongings or funds, coercion or manipulation to change estate planning documents or financial accounts, or other forms of financial exploitation. Family members and caregivers should be aware of the signs of financial abuse, such as unexplained changes in financial accounts, missing or stolen funds, or sudden changes in estate planning documents.

In conclusion, nursing home abuse is a serious problem in Chicago and across the country, and it is important to take steps to protect vulnerable residents and hold nursing homes accountable for instances of abuse. By improving regulatory oversight, providing support for victims and their families, and promoting a culture of respect and dignity for residents, it may be possible to prevent instances of abuse and improve the quality of care for elderly residents in nursing homes.

Get in touch with an attorney at the Dinizulu Law Group, Ltd today. Call (312) 384-1920 for a free consultation!

5 Things You Can Recover from a Product Liability Lawsuit

CHICAGO, IL – When purchasing a product, you do it with expectations it will make your life better. We choose a brand that’s well-trusted and has good quality. But what happens when injuries or accidents are brought about by that product?

An experienced product liability lawyer in Illinois can help you recover economic damages, as well as non-economic damages. If you’ve suffered an injury due to a defective product or malfunctioning of the product, you can file a product liability lawsuit. You’ll learn there are various parties that can be held responsible in these situations.

What damages can be recovered from a product liability lawsuit?

You may feel it’s impossible or unattainable for this to work in your favor; however, those who are responsible may be held liable based on negligence, liability or breach of warranty.

Damages may include:

  • Medical expenses
  • Hospitalization and treatments
  • Loss of earning capacity
  • Loss of income during recovery
  • Costs of continuing disability
  • Loss of support and services provided for the family

Experienced product liability attorneys will consult with medical experts and specialists to determine the actual long-term cost of your injury.

Non-economic damages including pain and suffering, mental and emotional stress, physical impairment and loss of enjoyment of life cannot be quantified; however, in some cases punitive damages are awarded.

How to win a product liability lawsuit

A manufacturing company or corporations reputation means everything to them. They may have financial repercussions during the filing of the case, but it can also impact the future of the company. These companies are willing to spend corporate money and resources to ensure their name or brand isn’t tainted.

This is the main reason for consulting and hiring a skilled product liability attorney who has successfully won cases for clients. You need someone you can trust will do the work with and for you.

An experienced attorney will research and identify issues regarding to the products design, manufacturing of the product or safety warnings the manufacturer failed to provide. The risks of using products must be clearly communicated, and if that is not the case, that could be a winning factor for you.

A product liability lawsuit also involves financial resources to immediately put your case into motion. The product liability attorneys at the Dinizulu Law Group have the expertise and resources needed to win your case. We consult with various specialists and work quickly and efficiently to resolve your case as soon as possible.

Contact an Illinois product liability lawyer

Ensure your rights are protected by filing a product liability claim with the Dinizulu Law Group. Take advantage of our free, no obligation consultations as we walk you through the process of your case and gaining the maximum compensation that you deserve. Contact us today at (312) 384-1920.

5 Surprising Things That Can Cause A Slip and Fall Accident

CHICAGO, IL – If you’ve experienced a slip and fall accident, it can leave you confused and extremely hurt. Even if you haven’t, you likely have an idea of what can cause someone to fill and fall on someone else’s property. According the attorneys at the Dinizulu Law Group, there are some surprising culprits that slip and fall accidents are caused by daily.

  1. Wet Sidewalks/Walkways
    Wet walkways are the most common cause of slip and fall accidents. Wet surfaces including wet sidewalks or floors can be extremely dangerous as they create a slippery surface that can lead to serious injuries. Take caution when walking in these areas and be on the lookout for puddles or wet patches in the ground.
  2. Dirty/Muddy Floors
    Excessively wet floors can be a hazard – if you notice there is something on the floor, clean it up immediately to prevent the risk of a slip and fall accident. If you’re aware your property has flooring issues, make sure to put up warning/hazard signs to give notice to customers.
  3. Slippery Shoes
    Slippery shoes can cause slip and fall accidents because the bottom of the shoes do not grip the surface they’re on. This causes people to slide out of their shoes which can lead to a catastrophic fall.
  4. Wet Carpet
    One of the leading causes of wet carpets is plumbing issues causing carpets to be very slick, which can cause a fall. Oftentimes, wet carpets are hard to spot. In fact, you may not realize there’s a wet spot until you step in it.
  5. Ripped Tile/Torn Carpet
    Ripped tiles and torn carpets are often the culprits of slip and fall injuries. In order to avoid injuring yourself on a damaged floor, keep an eye out for any damage or obstruction on your path.

Slip and fall statistics

According to the National Floor Safety Institute, slip and falls account for over 1 million emergency room visits, representing the leading cause of visits, and account for 12% of total fatalities. Fractures are the most serious consequences of falls and occur in 5% of all people who fall.

According to the Consumer Product Safety Commission (CPCS), floors and flooring materials contribute directly to more than 2 million fall injuries each year. Half of all accidental deaths in the home are caused by a fall.

Each year in the United States, 1 of every 3 people over the age of 65 will experience a fall – half of which are repeat falls. According to the CDC, in 2005, more than 15,000 people over the age of 65 died as a result from a fall – up from 7,700 a decade earlier.

Contact an Illinois slip and fall attorney

If you’ve suffered from slip and fall accident and sustained a personal injury due to someone else’s negligence, the skilled lawyers at the Dinizulu Law Group are here to help you. Our team has more than 50 years of combined experience in fighting for injured victims. We put our resources and experience attorneys on your case to help you win the maximum compensation you are entitled to.

Call the personal injury attorneys at the Dinizulu Law Group today for a free consultation at (312) 384-1920.

Do Illinois Truck Drivers Get Fired for Accidents?

CHICAGO, IL – When you’ve been injured in a truck accident, you may wonder what happens once you file a claim. Will the truck driver be suspended? Will you both move on after you’ve settled with insurance? Will the truck driver lose their job? If the truck driver’s actions were egregiously negligent, a skilled attorney may argue that the truck driver should not have their commercial driver’s license anymore due to being a danger to others on the road.

What types of accidents can occur?

Various truck crashes can happen because tractor-trailers and other large trucks run into numerous problems on the road, including:

  • Tires that have blown out
  • Rear-end truck collisions
  • Accidents involving a car rolling underneath a truck
  • Truck-on-truck accidents
  • Jackknife truck accidents
  • Accidents involving side-impact trucks, which frequently occur at stoplights and other intersections
  • Truck collisions involving multiple vehicles
  • Cargo accidents
  • Accidents involving rollover trucks

These types of accidents can produce a wide range of outcomes. These accidents can clump together creating one severe and fatal accident.

Reasons a trucking company may no longer employ a driver

Following an accident, there are various reasons a trucking company may decide to fire the driver that an experienced truck accident attorney knows. Some include:

  • The accident occurred because the driver didn’t follow protocol. When a driver doesn’t follow company protocol and causes a truck crash, they are a huge liability to the company. Because of how serious accidents can be when involving a truck, companies have very specific safety protocols put in place for things such as weight limit, hours drivers can be on the road and how often the truck must be serviced. If the driver violates protocol, they may be fired.
  • The driver didn’t follow federal regulations. In addition to following protocols a company has in place, there are also federal regulations truck drivers must follow. By neglecting these regulations, not only may they lose their job, but it would be nearly impossible to get a similar job in the trucking industry.
  • The driver was under the influence. Driving under the influence damages the trucking company’s reputation, can injure the trucker and can injure anyone else on the road. As a lawyer from our office at the Dinizulu Law Group will tell you, a truck driver caught driving under the influence of drugs or alcohol will almost always be fired from their position.

Contacting an Illinois truck accident attorney

Truck drivers understand they have certain rules and responsibilities they must adhere to keep roadways as safe as possible. When a driver negligently defies these rules and causes an injury, your attorney may call for the driver’s removal of their job so no one else gets hurt.

If you would like to learn more about filing a truck accident claim with one of our experienced lawyers, call us today for a free case evaluation at (312) 384-1920.

Understanding the Nursing Home Reform Act

CHICAGO, IL – Nursing home abuse is a widespread issue that has plagued the industry for decades. Unfortunately, addressing abuse within facilities continues to be challenging for various reasons including fear of retaliation. Others may be unable to file complaints due to physical or mental limitations.

If you or your elderly loved one is experiencing elder abuse or neglect in a nursing home, understanding the fundamentals of Nursing Home Reform Act and other Illinois elder abuse laws can empower you to protect their rights, health and well-being.

What is the Nursing Home Reform Act?

The Nursing Home Reform Act (NHRA) is a federal law enacted in 1987 to establish the fundamental rights of seniors residing in nursing homes, protect them from abuse and neglect, and ensure they receive quality care.

The NHRA law covers nursing homes receiving funding from Medicare or Medicaid payments and requires them to meet specific minimum care standards. The NHRA created a Nursing Home Resident Bill of Rights for those living in covered facilities. These rights include:

  • The right to be treated with dignity and respect
  • Freedom from abuse, mistreatment and neglect
  • Freedom from physical restraints
  • The right to manage one’s own finances or designate someone of their choice to do so
  • The right to privacy
  • The right to have personal belongings and property
  • The right to be informed of one’s medical conditions and to consult a doctor of their choice
  • The right to refuse medications and treatments
  • The right to a choice as to schedule and activities
  • The right to an environment that provides maximum comfort and independence
  • And many more

View the document from the Centers of Medicare and Medicaid Services (CMS) for an in-depth explanation on nursing home resident’s rights.

Standards set by the NHRA

The NHRA enacted several requirements to protect seniors’ health, safety and well-being in nursing homes which require facilities to provide the following:

  • Proper nutrition for their residents
  • Proper preparation and administration of prescribed medications
  • Comprehensive and personalized care plans for each resident
  • Assessments for all residents with continual updates
  • Pharmaceutical services
  • Nursing services
  • Rehabilitation services
  • Social services
  • Sufficient staffing based on the ideal ratio of staff to residents
  • A full-time social worker for nursing homes with over 120 beds

How is the NHRA enforced?

To enforce the NHRA, Congress tied federal funding with a facility’s adherence to the rules and regulations set forth by legislation. States are responsible for monitoring and evaluating their nursing homes. They are mandated to perform random, unannounced surveys of nursing home facilities once every 15 months. They must look into the quality of care and services in residents’ welfare and quality of life. When complaints are mad, the state government is tasked with conducting an investigation.

Taking the first step toward protecting your elderly loved one

While the Nursing Home Reform Act provided much-needed surveillance of nursing homes receiving federal funding, abuse and neglect still occurs. Unfortunately, most of these case go unreported for unknown reasons. Others may not be able to pursue legal action due to limitations.

The good news? There are several steps you can take if you suspect that you or your elderly loved one has suffered from nursing home abuse or neglect. To begin, you need to report the abuse to authorities such as your local police, your county’s Adult Protective Services or the Illinois Department of Public Health can help keep a victim safe.

Your next course of action should be to contact an experienced nursing home abuse and neglect attorney in Illinois. To better understand your legal options, get a free case evaluation today by calling (312) 384-1920 and take the necessary steps toward fighting for your or your loved one’s right to quality care.

Fake Diagnoses Hide High Rates of Drugging at Nursing Homes

CHICAGO, IL – The use of antipsychotic drugs as a way to control residents have plagued the nursing home industry for decades. In 2021, a New York Times investigation revealed nearly 21% of nursing home residents – almost 225,000 people – are on antipsychotic drugs showing these powerful drugs are being overused in nursing homes.

The Biden administration announced in January they would ramp up oversight of nursing home patients with a schizophrenia diagnosis to help reduce the inappropriate use of antipsychotic medications in facilities.

In January, CMS targeted off-site audits to properly assess and code residents diagnosed as schizophrenic. The agency mentioned “erroneous diagnoses increase the risk of poor care and of inappropriate use of antipsychotic medications” (Bloomberg Law). Bloomberg also found nearly 80% of Medicare long-stay nursing home residents were receiving some type of psychotropic drug including antipsychotics, anticonvulsants and mood stabilizers amongst others.

David Blakeney, 63, was at being seen by a home doctor that wanted him on an antipsychotic medication called Haldol, a powerful sedative. But, there was no evidence Mr. Blakeney had schizophrenia.

Antipsychotics have been known and faced criticism for decades as “chemical straightjackets,” otherwise known as chemical restraints. Chemical restraints are dangerous for elder adults with dementia, nearly doubling their change of death from heart problems, infection, falls and other ailments. Understaffed nursing homes often use sedatives to control residents so facility’s can get by without hiring more help, leaving nurses overworked and exhausted to care for residents.

What are the risks treating patients with antipsychotics?

The risk is so high that nursing homes are required to report to the government how many residents are on potent medications. However, there’s one key caveat: the government does not publicly divulge the use of antipsychotics given to residents with schizophrenia or two other conditions.

The use of antipsychotic medications in nursing home resident is an increasingly prominent issue and is associated with “increased risk of hospitalization, cardiovascular events, hip fractures, and mortality, among other adverse health events” (BMC Geriatrics).

What are the most commonly misused antipsychotics in nursing homes?

According to the National Consumer Voice, a study published in 2016 reported the most commonly used antipsychotics medications in nursing homes is Risperdal, followed by Seroquel and Zyprexa.

These drugs are so overused in nursing homes that on the Mayo Clinic’s website, it states Risperdal, Seroquel and Zyprexa “should not be use to treat behavioral problems in older adults who have dementia or Alzheimer’s disease.”

How many residents actually have schizophrenia?

Schizophrenia effects approximately 24 million people worldwide (WHO). A November report from the HHS Office of the Inspector General revealed the number of residents reported having schizophrenia without a corresponding diagnosis skyrocketed between 2015 to 2019, with 99 nursing homes in the country reporting 20% or more of their residents having schizophrenia.

CMS began targeted audits earlier this year to ask nursing homes for documentation of the diagnosis to focus on nursing homes with existing residents who have recorded as having schizophrenia. The rating scores for nursing homes that have a pattern of inaccurately coding residents as having schizophrenia will be negatively impacted.

“People don’t just wake up with schizophrenia when they are elderly,” said Dr. Michael Wasserman, a geriatrician and former nursing home executive who has become a critic of the industry. “It’s used to skirt the rules” (New York Times).

Take action! Contact a Chicago elder abuse lawyer for a free consultation!

As aggressive Chicago nursing home abuse and neglect lawyers, the Dinizulu Law Group tirelessly pursues justice for you and/or your loved one. If your loved one fell victim of abuse or a nursing home has caused the death of a loved one, our team will fight relentlessly for you.

If you suspect nursing home abuse or neglect, please call (312) 384-1920 or fill out an online form now to request a free consultation. The Dinizulu Law Group, a Chicago nursing home abuse law firm, will work tenaciously to bring the wrongdoers to justice and obtain the maximum case value and compensation you deserve. Contact us today!

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