Archive for category: Blog

Overworked Nurses Are A Neglected Healthcare Safety Risk

CHICAGO, IL – Nurses play a critical role in reducing the risk of medical errors; however, too often you hear nurses complain of constant stress, fatigue, and being overworked.

A study from Houston showed 77% of nurses reported having irregular diet patterns and they didn’t get enough sleep. Some even reported having to take medications during the day to stay awake. This is alarming since nurses are being forced to work long hours which puts the safety of a patient or resident at risk.

Why are Nurses Burnt Out?

Nurses frequently work 12-hour shifts. Different hospitals have different rules and cultures, and some may not provide adequate breaks during a long shift. Nurses tend to pick up extra shifts and not get enough rest in between. While working overtime can be beneficial for the hospital and nurse, it could be dangerous for patients who may not be receiving the highest level of care.

Additionally, a nurse could have too many patients to care for in one day and not be able to pay enough attention to each patient as they should. Nurses can also suffer from emotional exhaustion, especially if they are working in a traumatic setting, such as a pediatric oncology wing or hospice wing.

Types of Mistakes Fatigues Nurses Can Make

Fatigue can lead to emotional, cognitive, and physical problems for nurses. Overworked nurses may not be able to focus, become irritable, headaches, drowsiness, impaired decision-making, confusion, and depression. These symptoms may lead to harmful mistakes such as:

  • Administering the wrong medication
  • Administering the wrong dosage of medication
  • Failing to contact a doctor in an emergency
  • Failing to recognize an emergency
  • Not attending to a patient’s nutritional or hydration needs

While some errors may be seemingly small, they could be life-threatening to a patient. For example, if a patient mistakenly receives too much medicine, they could overdose which could lead to brain damage or even death.

Are Underpaid Nurses a Cause of Worry?

Apart from physical conditions, work conditions did not seem to motivate nursing staff. According to the survey, 75% of nurses reported they simply didn’t enjoy the authority they needed in the workplace while 89% were not able to delegate tasks efficiently due to understaffing. Other complaints among nurses included unmotivated colleagues and a complete lack of coordination and teamwork in the facility. Many nurses claimed the lack of respect and consideration by the hospital administration.

According to a survey, only 16% of nurses agreed that they are fairly paid for the work they do.

An article published by PMC, NCBI discusses the workload that causes nurses to miss changes in their patients’ conditions. Nurses are often forced to work in risky conditions, which could ultimately cause them to lose their license.

Though salaries are an issue for nurses, proper medical facilities and adequate staff for patients play a key role, the death percentage of a patient rises 40% in cases of overworked nurses.

What Can be Done to Improve the Healthcare System?

Salary does play an important role, but this is not always the case. A nurse that’s forced to work under highly stressful conditions cannot be given any amount of money that could lead them to save a patient’s life. The system as a whole needs to create an ecosystem where nurses don’t feel they are failing or being forced to do a particular job.

The quality of nurses is directly is linked to patient safety at a hospital. Everyone needs a break at some point. At a place where vulnerable lives are at stake, a short break becomes necessary.

Contact a Medical Malpractice Lawyer in Chicago, Illinois

No one should suffer at the hands of a negligent medical healthcare provider. The experienced medical malpractice attorneys of Dinizulu Law Group uphold justice for victims of serious medical mistakes. Our firm can be reached at (312) 384-1920 for a free consultation or by visiting our website for more information.

5 Fatalities in 2 Separate Wrong-Way Crashes on Eisenhower Expressway

CHICAGO, IL – Five people were killed early Monday morning in two separate crashes on the Eisenhower Expressway in Chicago, IL and suburban Forest Park, according to police.

Three people were killed in one crash involving three vehicles around 1:45 a.m. on the inbound lanes of I-290 near Halsted Street.

One vehicle was traveling westbound on an eastbound ramp when it hit another vehicle, which when hit a third vehicle. Two of the cars became engulfed in flames.

Two people were taken in serious-to-critical condition to Stroger Hospital, according to ABC7 Chicago. Two other refused medical treatment at the scene.

Illinois State Police said that two other people were killed in a separate wrong-way crash on I-290. The crash occurred around 1:15 a.m. at Des Plaines Avenue in west suburban Forest Park.

The drivers of both vehicles were pronounced dead at the scene. A passenger in one of the vehicles was transported to a local hospital with non-life-threatening injuries.

Authorities have not released the identities of victims. Officials announced there will be an ongoing investigation into both crashes.

Prevalence of Pressure Ulcers in Nursing Homes

CHICAGO, IL – Pressure ulcers are serious medical conditions and one of the most important measures of the quality of clinical care in nursing homes, according to Centers for Disease Control and Prevention (CDC). Pressure ulcers, also known as bed sores or pressure sores, are caused by unrelieved pressure on the skin. The CDC states as many as one out of every 10 nursing home residents currently suffer from pressure ulcers.

While this may be alarming, this is a problem that has persisted in the long-term care industry. Bed sores typically develop over bony areas, such as the elbow, heel, hip, shoulder, back, and back of the head. Bed sores can be classified from stage 1 to stage 4 depending on the depth of soft tissue damage.

Early Symptoms of Pressure Ulcers

Some early warning signs of pressure ulcers include unusual change in skin color or texture, swelling, pus-like draining, tender areas, and an area of skin that feels cooler or warmer to touch than other areas.

Other signs may include skin that doesn’t turn white (blanch) when pressed, blue or purple tint on the skin (if you have darker skin), and pain, tingling, or itching – no matter how minor.

Stages of Bed Sores

  1. Stage 1: The least severe; persistent redness of skin. These pressure ulcers only affect the upper layer of skin.
  2. Stage 2: Loss of partial thickness of skin appearing as an abrasion, blister, or shallow crater.
  3. Stage 3: A loss of full thickness of skin, presented as a deep crater.
  4. Stage 4: The most severe; Loss of full thickness of skin exposing muscle or bone.

In 2004, nearly 160,000 nursing home residents, or 11 percent, had pressure ulcers – stage 2 pressure ulcers were among the most common.

Clinical practice guidelines have been developed and provide specific treatment recommendations for stage 2 or higher-pressure ulcers, which includes proper wound care. Unfortunately, many times this is ignored, and pressure ulcers can continue to worsen.

Causes of Pressure Ulcers

Pressure sores develop in areas that a person’s weight has caused friction against a surface. If pressure lasts more than two to three hours, your blood circulation is restricted from reaching those areas, which causes the skin and underlying tissues to become damaged. Typically, when residents aren’t turned every few hours as they’re supposed to this is when pressure ulcers begin to form.

Pressure sores are more likely to develop when you’re elderly. As you age, your skin becomes more fragile, easily damaged, and more susceptible to developing pressure ulcers. You’re also more likely to develop pressure sores if you have mobility issues, suffer from malnutrition, or have a loss of sensation in your skin.

Prevalence of Pressure Ulcers Vary

One study found nursing home residents aged 64 and under were more likely than older residents to have pressure ulcers. Pressure ulcers are also more common in males compared to females. Residents in nursing homes for 1 year or less were more likely to have pressure ulcers than those with a longer length of stay. The study also found no significant difference between white and nonwhite populations with respect to developing pressure ulcers.

The same study found that nursing home residents who experienced a recent weight loss were more likely to develop bed sores. Residents with greater immobility had an 11% great occurrence of pressure ulcers than those without high immobility. Pressure sores were also more prevalent in residents who had recently bowel or bladder incontinence.

Diagnosis & Treatment

Professional healthcare providers can diagnose bed sores by looking at the skin and staged according to their appearance.

John Hopkins Medicine mentions bedsores can be treated by:

  • Removing pressure on the affected area
  • Protecting the wound with medicated gauze or other special dressings
  • Keeping the wound clean
  • Ensuring good nutrition
  • Removing the damaged, infected, or dead tissue
  • Transplanting healthy skin to the wound area
  • Negative pressure wound therapy
  • Medicine

Healthcare providers should watch bed sores closely to ensure they don’t worsen by documenting size, depth, and response to the treatment.

Can Pressure Ulcers be Preventable?

Pressure ulcers can be prevented by inspecting the skin for areas of redness, the first sign of breakdown of the skin, specifically paying close attention to bonier areas. Other methods of preventing bed sores include:

  • Turning and repositioning every 2 hours
  • Sitting upright and straight in a wheelchair, changing positions every 15 minutes
  • Providing soft padding in wheelchairs and beds to reduce pressure
  • Providing good skin care by keeping the skin clean and dry
  • Providing good nutrition because without enough calories, vitamins, minerals, fluids, and protein, bed sores can’t heal

Contact a Nursing Home Neglect Lawyer in Chicago, Illinois

If your loved one has developed bed sores living in a nursing home, this may be a sign your loved one is being neglected. Please contact one of our experienced nursing home neglect attorneys at Dinizulu Law Group for a free consultation at (312) 384-1920 or visit our website for more information.

Staffing Levels in Healthcare & the Prevalence of Medication Errors

CHICAGO, IL – The prevalence of medication administration errors continues to be a problem in the United States. Nurses play a pivotal role in the outcome in patient care. Delivering medications is a high-risk activity that involves many individuals – including physicians, pharmacists, and nurses – and errors may be a result of failures at a variety of steps before getting to a patient.

Medication error is defined as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer,” according to the National Council for Medication Error Reporting and Prevention.

Unsafe medication practices and medication errors are the leading cause of injury and death worldwide. Globally, the cost associated with medication errors has been estimated at $42 billion USD annually (World Health Organization).

Medication errors can occur throughout the medication-use system like when a patient is prescribed a drug, entering information into a computer system incorrectly, when the drug is being prepared or dispensed, or when the drug is given or taken by the patient.

Research on Understaffing & Medication Errors

Much research on the correlation of understaffing and medication errors has been done throughout the years. While there’s still much more research to be done, one thing remains stagnant:

In one study, higher staffing levels were associated with reduced mortality, medication errors, ulcers, restraint use, infections, pneumonia, higher aspirin use and a greater number of patients receiving percutaneous coronary intervention (also known as angioplasty with stent) within 90 minutes (SAGE Journals).

A study by Columbia University found that 15% of patient-days had one shift understaffed with registered nurses. Patients in units with multiple shifts understaffed with RNs were 15% more likely to develop infections on or after the third day of exposure to periods of understaffing compared to patients in units where shifts were adequately staffed. This study also found units that were understaffed with licensed practical nurses and nurse assistants increase patients risk of infections.

It’s widely believed the occurrence of medication errors far exceeds the reports of medication errors. In one study, it was found that 19% of the doses administered in 36 institutions were errors, with 7% regarded as potentially harmful.

A study by Research Gate shows that the increasing number of registered nurses hours and decreasing or eliminating licensed practical nurse (LPN) hours can reduce medication administration errors.

Types of Medication Errors

According to the Agency for Healthcare Research and Quality, common medication errors include giving medication(s) to the incorrect patient and incorrect medication(s), or error of commission. Other types of mediation errors may include:

  • Prescribing
  • Omission
  • Wrong time
  • Unauthorized drug
  • Improper dosage
  • Wrong dose prescription or wrong dose preparation
  • Administration errors including incorrect route of administration, giving the drug to the wrong patient, extra dose, wrong rate
  • Monitoring errors which may include failure to take into account patient live and renal function, failing to document allergies, or potential for drug interaction
  • Compliance errors such as not following protocol or rules established for dispensing and prescribing medications

Serious Harm Related to Medication Errors

The U.S. Food and Drug Administration (FDA) receives more than 100,000 reports each year with suspected medication errors. Serious harmful results can come from medication errors that may include:

  • Hospitalization
  • Life-threatening situation
  • Death
  • Disability
  • Birth defects

Medication errors occur when institutions have weak medication systems and/or human factors, such as fatigue, poor environmental conditions or staff shortage which affects prescribing, transcribing, dispensing, administration, and monitoring practices.

Occurrence of Medication Errors

Thorough research, studies, and analyses of medication errors in institutions have been studied throughout the years. Medication errors are more common than you think. Some statistics of medication errors that happen include:

  • Medical errors of all kinds kill as many as 98,000 Americans each year, the eighth leading cause of death in the United States.
  • Up to 7,000 of these deaths are attributed to adverse drug events (ADEs) from medication errors. ADEs is an injury that results from medical intervention related to a drug that includes medication errors, adverse drug reactions, allergic reactions, and overdoses.
  • At least 1.5 million preventable ADEs happen in the United States per year.
  • The FDA totaled 89,842 in 2005, double the amount from 1998. Fatal adverse drug events more than doubled over the same period to 15,107.
  • There are approximately 1.25 million annual medication errors per year in the United States.
  • Approximately 39% of medication errors occur during ordering process; 12% occur during the verification process; 11% occur during the preparation and dispensing process; and 38% occur at administration.
  • Almost 1 in 5 medication doses administered in hospitals is given in error.
  • Emergency departments have the third most common source of medication errors, including wrong doses and overdoses.

Contact a Medical Malpractice Attorney in Cook County, Illinois

Medication errors can cause catastrophic injuries, long-term damage to your health, or even death. If you or a loved one has experienced a medical error due to a healthcare providers negligence, you may be entitled to a medical malpractice claim. The skilled medical malpractice attorneys of Dinizulu Law Group have extensive knowledge, experience, and resources to hold negligent parties accountable. Please call our office today for a free consultation at (312) 384-1920 or visit our website for more information.

Parties That May Be Held Liable for Nursing Home Abuse & Neglect

CHICAGO, IL – Nursing homes should be a haven for elderly and disabled individuals who need consistent, quality care. Unfortunately, that’s not always the case. Too often you hear of nursing home horror stories of neglect and abuse happening in facilities. An estimated 5 million people are affected each year by elder abuse, according to Nursing Home Abuse Justice.

A nursing home injury claim may allow an injured victim, or a victim’s family, to hold the liability party accountable for the abuse or neglect a loved one has endured. Nursing home injury claims also may also allow victims to recover compensatory damages. Damages for physical pain and suffering, mental pain and suffering, emotional distress, and cost of medical treatment may also be recovered among other damages.

Liable Parties

Liable parties refer to the party that is legally responsible for an injury or a death, according to Law Insider. In many nursing home cases, the liable party is the nursing home itself because of their obligation to provide competent care and assist residents.

Nursing homes can violate that obligation by:

  • Failing to properly supervise staff
  • Failing to maintain an adequate staffing level
  • Failing to properly supervise staff
  • Failing to perform background checks on staff or other negligent hiring practices
  • Medical mistakes, such as medication errors
  • Failure to provide adequate assistance with residents daily living activities
  • Failing to maintain a safe facility
  • Insufficient sanitation of the facility
  • Failing to provide adequate security measures
  • Intentional abuse of residents, such as physical abuse, psychological or emotional abuse, or sexual abuse

Other Liable Parties

While the nursing home facility is often the liable party that is held accountable for abuse or neglect, there are other parties that may be liable as well. For example, an outside contractor who is not employed by the nursing home can be to blame for a resident’s illness or death. If insufficient sanitation caused a resident to contract an avoidable infection, the company that is contracted to clean and sanitize the facility may be held liable.

Another example would be if a product manufacturer made a defective product, such as a wheelchair, and a resident was injured or died as a result from the product, the manufacturer could be held liable.

Contact a Chicago Nursing Home Abuse & Negligence Attorney

If you or a loved one has suffered due to a nursing homes abuse or negligence, you may be able to hold the liable party accountable and recover compensation for damages through filing a personal injury claim. The nursing home abuse and neglect attorneys of Dinizulu Law Group have extensive knowledge and experience and can help you identify who is liable for the injury or death and represent you throughout the entirety of your case. Call our office at (312) 384-1920 for a free consultation or visit our website for more information.

How Patient-Doctor Confidentiality Conflicts with the Law

CHICAGO, IL – Patient-physician confidentiality is a fundamental aspect of medical ethics. Patients entrust their doctors with personal information, and it is considered medical malpractice when information to a third-party is disclosed without the patients consent.

What is Patient-Doctor Confidentiality?

Patient-doctor confidentiality is the notion that a person should not be worried or concerned about seeking medical treatment out of fear that his or her condition will be disclosed to another party. The objective of the confidential relationship is so that patients can entrust their private information will be kept with their doctor or medical provider. Disclosing all information allows doctors to make an accurate diagnosis to provide the patient with the best possible medical care.

Principle IV of the American Medical Association’s Code of Medical Ethics states, “[a] physician shall safeguard patient confidences and privacy within the constraints of the law” [1]. This duty of confidentiality has certain exceptions such as a patient’s threat to inflict serious physical harm on a specific, identified person when there is reasonable probability to believe the patient will carry out that threat [2].

The second part of Principle IV states, “within the constraints of the law” often justifies physician’s decision to disclose confidential information. In most states, physicians are required by state law to disclose evidence of child abuse which can be obtained through a physical examination or discussion with the minor [3]. Similarly, the law tells physicians to disclose information that indicates that a crime has occurred or may occur [3].

What is Covered by Patient-Doctor Confidentiality?

Confidentiality covers all medical records of the patient, including medical history, pre-existing medical conditions, x-rays, lab reports, etc.), as well as all communications between the patient and doctor. Generally, this includes the nurses and staff that work with the doctor.

What Constitutes as a Breach in Patient-Doctor Confidentiality?

A breach of patient-doctor confidentiality occurs when a patient’s private information is disclosed to a third party without their consent, and most of the time knowledge. However, there are certain exceptions to disclosure of information to state health officials and court orders that require medical records to be produced. These rules apply to both physicians and psychotherapists.

Patient confidentiality is protected under state law. When this is violated, the patient may have a cause of action against their doctor, medical providers, medical institution, among others for medical malpractice.

What Are the Privilege and Waiver Rules?

The patient-doctor privilege belongs to the patient. The patient has the right to decide whether or not information is disclosed. In most cases, the doctor has no discretion as to whether or not the information can be disclosed.

A patient waives their privilege by initiating a lawsuit in which the patient’s health is the issue, so long as the interactions between the doctor and patient are relevant to the lawsuit. A patient may also initiate a lawsuit for personal injury; however, the patient-doctor relationship must be relevant to the medical issues provided in the lawsuit in order for the privilege to be waived. For example, if a patient files a personal injury lawsuit, the release of their medical records would be relevant to the case.

Patient-doctor confidentiality relationships also protect observations, not just words. A doctor’s observation during an examination are considered a part of communication, which is privileged as a result. However, a doctor can disclose very basic details about the examination without breaching patient-doctor confidentiality.

When a third party assists with the provision of a patients healthcare, the rules of confidentiality will often prevent disclosure of the information by the doctor or the third party.

How Long Does Doctor-Patient Confidentiality Last?

According to the American Medical Association’s Code of Medical Ethics, the duty of confidentiality continues even after a patient has stopped being seen or treated by that particular doctor, even surviving death of a patient.

Filing a Medical Malpractice Lawsuit for Breaching Confidentiality with a Chicago, IL Lawyer

If a doctor breaches the confidential relationship with their patient by disclosing protected information, the patient may be entitled to file a lawsuit. A patient may recover compensatory damages which includes emotional suffering and damage to a patient’s reputation resulting from the disclosure.

Doctors may also be subject to sanctions by state medical boards for violating confidentiality rules. Although these sanctions don’t help the patient, it reduces the likelihood of future breaches of confidentiality.

If you or a loved one’s confidential information has been disclosed to a third party without your consent, please contact one of our skilled medical malpractice attorneys at Dinizulu Law Group. Our experienced attorney’s have the extensive knowledge and resources to seek justice for you or your loved one. Call our office today for a free consultation at (312) 384-1920 or visit our website for additional information.

Nursing Homes Overmedicate Residents Suffering from Dementia and Alzheimer’s

CHICAGO, IL – Nursing homes overmedicating residents is just an example of the horror stories you tend to hear about these type of long-term care facilities. You hope that this never happens to your loved one; however, it happens all too often.

With the U.S. population aging rapidly, elders now account for one in seven Americans, totaling nearly 50 million people over the age of 65. With more than 1.4 million people living in nursing homes across America and nearly 50% being diagnosed with Alzheimer’s disease or dementia, it’s important to understand how your loved one could be a victim of overmedication.

A 2018 study found that in an average week, nursing facilities in America administer antipsychotic drugs to more than 179,000 people who do not have a diagnosis to receive approved drug. Antipsychotics are usually given without free and informed consent, which requires a decision-based discussion on the purpose of prescribing the medication, risks, benefits, and alternative medicine that may be better suited for the resident.

According to the U.S. Government Accountability Office (GOA) analysis, nursing home facilities often use antipsychotics to control common symptoms of dementia or Alzheimer’s.

Aurora Suarez, a Texas native, described her experience visiting her sister at her Texas nursing home as, “They give her so much [medication], she sleeps through the lunch hour and supper. They give her medication to sedate her on the days of her shower: Monday, Wednesday, and Friday.”

Some symptoms of these diseases may be relived by using these drugs; however, evidence from clinical trials show the benefits of treating these symptoms with antipsychotic drugs is weak. The U.S. Food and Drug Administration (FDA) has not approved dementia or Alzheimer’s to be treated with these drugs and has discussed the dangers of using it for other purposes.

A study published by the U.S. National Library of Medicine National Institutes of Health found that on average, antipsychotic drugs nearly double the risk of death in older individuals suffering from dementia.

Antipsychotics have a sedative effect that drives the prevalence of use in people with dementia in the United States has a long history. This drug alters a persons consciousness and their ability to interact with others. It also makes it easier for nursing homes that are unstaffed. Many direct care workers are inadequately trained in dementia care which makes it easier for them to manage residents. Experts have said they think many nursing homes staffing levels are well below the minimum needed to provide appropriate care to residents.

Nursing homes turn to antipsychotic drugs because of the symptoms of dementia such as agitation, irritability, aggression, delusions, wandering, disinhibition, and anxiety. These symptoms become challenging and frightening to residents and their caregivers, which is why the prevalence is so high.

One nurse from Kansas mentioned her facility was using antipsychotic drugs at a rate of 55%, but now only use it for people with a diagnosis.

“They have a better quality of life because they are not sedated,” the nurse said.

A For-Profit Industry

One long-term consultant mentioned the cost-benefit analysis in the long-term care industry. Since nursing homes are typically a for-profit industry, they try to control most aspects of the residents’ life. Presumably, healthcare providers would be more inclined to meet the minimum health and safety standards in place if it costed them dearly to do so.

“If the fine is $100,000, then they’ll hire the three nurse aides who will cost the same amount.”

Dangers of Antipsychotic Medications

As with any medication, there are side effects, especially if the medication was not specifically prescribed to help relive your symptoms.

Older adults are highly vulnerable to the side effects of these drugs. Adults older than 70 are 3.5 times more likely than younger individuals to be admitted to the hospital due to adverse drug reactions that are associated with antipsychotic medications, according to NCBI. The risk for reactions increases dramatically with the number of medications used with increasing age.

Other risks of antipsychotics include: movement disorders, diabetes and risk of a stroke. Data from meta-analyses of randomizes trials and observational studies show the drug increases in mortality.

Recent Improvements

Under the Nursing Home Reform Act of 1987, the government is required to protect the rights of residents. Many advocates say the government has failed our most vulnerable population time and time again. In fact, the Centers for Medicare & Medicaid Services (CMS) established the National Partnership to Improve Dementia Care in Nursing Homes in 2012 to acknowledge the ongoing issue.

This move made a difference, reducing the use of antipsychotic drugs by 35% in nursing home facilities.

CMS agrees that more can be done – and insists it will be.

Reports and studies suggest the government can and needs to do more to protect this population by ending the inappropriate administration of antipsychotic medications by enforcing regulations and penalties for nursing homes who violate these in place. They can also improve inspections, require inform consent from resident’s, and ensure adequate staffing and training in long-term care facilities.

Federal and State Regulations on Informed Consent

Federal regulations require individuals to be fully aware and informed about their treatment and the right to refuse treatment. Illinois state law requires facilities to obtain “voluntary informed consent, in writing, from a resident or the resident’s surrogate decision maker before administering or dispensing a psychotropic medication to that resident,” (210 ILCS 45/2-106.1). However, many nursing facilities make an effort to do so.

If a nursing home staff member administers a drug under nonconsensual use and without appropriate medical indication are violating human right norms. The drugs are intended to be used as a chemical restraint, which could constitute abuse under domestic law and cruel, inhuman, and degrading treatment according to international law.

How to Choose a Long-Term Care Facility for Your Loved One

CHICAGO, IL – Making the decision to move your loved one to a long-term care facility is never easy and finding the right facility is even tougher. Families worldwide agonize over which facility will be the right one for their loved one and their needs.

If your loved one suffers from Alzheimer’s or dementia, that person may someday need to move to a long-term care facility that specializes in this type of care. According to a 2012 study conducted by the Alzheimer Association, 75% of people diagnosed with the disease will be admitted to a nursing home by the time they’re 80.

Step 1: Determine you or your loved ones needs

Before researching long-term care facilities, it’s best to identify what you or your loved one needs. There are several levels of senior care to consider, such as:

  • Assisted living for those who need assistance in one or two activities of daily living, like dressing or bathing.
  • Skilled nursing for those who need attention from a nurse daily, that are bedridden, or have more complicated behavioral issues.
  • Memory care for those with Alzheimer’s disease or dementia.

Some facilities offer varying levels of care under one roof. This could be a good option for those who want to move to a senior-care residence when they’re starting to require more assistance, then stay in place as their needs progress.

It’s also important to consider where your loved one wants to be. Would they rather prefer to live in a city or a suburb? Do they want to stay in the same town that they live in or be moved closer to family? Do they need a facility that accommodates pets or their dietary needs? These are all questions that should be addressed at the beginning of your search.

Step 2: Assess your ability to pay

Your options for long-term care facilities may be limited if your loved one does not have long-term care insurance or other financial resources to pay for care.

In Illinois, the median cost for a private room in a nursing home is $81,030 annually while a semi-private room is $70,993. The median cost for a private room in an assisted living facility costs roughly $48,360 per year.

It’s important to note that skilled-nursing facilities cost more. The average cost per day in Illinois for skilled nursing is $178 per day, which is higher than the national average.

Health insurance and Medicare do not cover nursing home care, as Medicare coverage for long-term care is very limited. Many long-term care insurance policies can help pick up the tab, but very few people purchase it which leaves Medicaid which has become a very common source of funding for long-term care.

There are strict rules for Medicaid eligibility for long-term care in Illinois, including qualifying financially and medically. Medicaid rules vary by state, but the general rule is that Medicaid pays for long-term care services.

If you’re a veteran, you may be able to get assistance for long-term care through the Department of Veterans Affairs.

Step 3: Begin your search

After identifying your loved ones needs and assessing your ability to pay, you can now begin your search for a long-term care setting, like a nursing home.

Ask doctors, family, and friends for recommendations. This can help shallow out the bad facilities by word-of-mouth, or in turn, help you find the right facility quicker.

There are several resources available that may narrow down your search:

  • Nursing Home Compare tool: a tool created by Medicare that allows you to compare skilled nursing facilities based on the quality of care they provide, special services they offer, and results from health and safety inspections.
  • ElderCare Locator: service offered by the U.S. Administration on Aging. This provides links to Area Agencies on Aging that offers a list of facilities and information about long-term care options in your area.
  • A Place for Mom: the nation’s largest senior-care adviser service. Its directory is compiled of roughly 19,000 senior care properties, including facilities that specialize in dementia care. Its advisers provide free assistance in finding care options.

An alternative is to utilize the National Association of Professional Geriatric Care Manager’s member directory to find a care manager in your area. Professional geriatric care managers help families evaluate their care options and select a senior-care residence for your loved one. They typically charge $100 an hour, on average.

Begin to create a list of properties that best suits your loved ones wants and needs. Make sure that each facility is licensed by checking with your state’s health and human services department. You can also check on Medicare’s website. You can also call your local ombudsman to ask if there have been any citations at the facilities you’re looking. Information for Illinois long-term care ombudsman program can be found here. It’s also important to ask if the facilities have recently had a change in ownership or management.

Step 4: Visit prospective facilities

While the COVID-19 pandemic has certainly changed how our world works, it’s likely nursing homes aren’t offering in-person visits to facilities yet. Some facilities may offer tours over a video sharing site like Zoom or Skype. It’s important to inspect at least 3 facilities so you have facilities to compare and contrast.

Linda Fodrini-Johnson, executive director of Eldercare Services, says to try to make a plan to make an impromptu visit on each weekend to see how the facilities operate when the administrator isn’t there.

Contact a Nursing Home Abuse and Neglect Lawyer in Chicago, Illinois

If you suspect your loved one is being abused or neglected in their long-term care facility, please contact one of our experienced nursing home abuse attorneys of Dinizulu Law Group, Ltd. Our skilled attorneys have the resources and knowledge to fight for justice for your loved one. Call our office today for a free consultation at (312) 384-1920 or visit our website for more information.

Is Nursing Home Food Safety Violations a Sign of Nursing Home Abuse?

CHICAGO, IL – Allegations of elder abuse and neglect dominate the long-term care settings industry. While bedsores, falls, medication errors, and sexual assaults are common issues, the way food is handled in nursing homes remains a consistently overlooked topic. A five-month investigation by FairWarning proved how dangerous and unhealthy conditions persist in long-term care environments.

“There’s a huge underreporting of food issues,” said Charlene Harrington, a nurse and professor at the University of California, San Francisco, who has done research on the quality of nursing homes.

Hundreds of thousands of baby boomers have found their way into long-term care facilities like nursing homes, assisted living communities, and memory care units. With the new wave of seniors comes new dining demands.

FairWarning’s investigation, based on inspection reports, federal data, and interviews with residents and long-term care experts, found that residents nationwide are at risk for foodborne illnesses from unsafe kitchens.

Across the United States, 230 foodborne outbreaks were reported in long-term care settings from 1998 to 2017, according to the Centers for Disease Control and Prevention. The outbreaks resulted in 54 deaths, 532 hospitalizations, and made 7,648 people sick – all numbers that experts say are almost certainly undercounted.

Not all foodborne illnesses in long-term care facilities are directly caused by poor sanitation; rather, some outbreaks are due to contaminated food brought in from the outside.

Foodborne illnesses are a threat to any age group, but especially those who are over the age of 65 due to their weakened immune systems, chronic diseases, immobility, and age-related changes to their digestive system.

Unsafe Food Handling

Unsafe food handling was the third most cited violation in 2018 inside America’s estimated 15,700 nursing homes. Nearly 33% of nursing homes were cited for violating federal requirements to store, prepare, and serve food safely.

Federal data shows even larger nursing home chains have worse track records. For example, Genesis HealthCare is the nation’s largest for-profit nursing home chain with more than 400 facilities in 27 states. Genesis had more than 43% of its nursing homes cited for food safety violations at some point in 2018.

Genesis spokeswoman Lori Mayer acknowledged the compliance issues by stating they are “working diligently to resolve any problems as quick as possible.”

Feds Propose Rollback

In July 2019, the Trump Administration moved to roll back a series of protections for nursing home residents, including one that would lower the qualifications for directs of food and nutrition services.

“They’re clearly weakening the standards regarding food service and the safety of food handling,” said Richard Mallot, executive director of New York-based Long Term Care Community Coalition, a non-profit dedicated to improving care in nursing homes.

Serial Offenders

Long-term care advocates blame safety problems on operators that are intent on increasing profits that they’re willing to skimp on residents’ dietary needs.

Some nursing home facilities violate the same food safety standard repeatedly. Since January 2016, nearly a third of all nursing homes were cited two or more times for the same food safety violations according to FairWarning.

One Arkansas nursing home was found to be cited seven times in the last three years. The Waters of North Little Rock, previously known as the North Little Rock Health and Rehabilitation Center, was cited for food safety violations such as unsealed food in storage, grimy kitchen appliances, and cross contaminating food by staff touching residents’ food with unwashed hands.

The Water of North Little Rock was cited for a sixth time in July 2018 when a government inspector asked the director of nursing if she would eat any of the food that was prepared in the facilities kitchen.

“No,” the nurse responded.

The 140-bed facility is under new ownership as of 2019 according to public documents. FairWarning found the food safety problems at the facility had been corrected; however, the home was cited again in April 2019 for staff with unwashed hands, expired food, and dirty equipment.

Assisted Living Lacks Federal Scrutiny

Assisted living centers may be worse according to food safety experts due to the lack of federal oversight.

Audrey Kelly, a resident of Los Angeles, said she moved her 98-year-old mother out of an assisted living facility quickly after a caregiver reported finding a cockroach in the kitchen and filed a complaint with the California Department of Social Services. “It’s not right,” Kelly said. “It was really disgusting.”

Another Georgia woman described her assisted living facility in Atlanta that she’s spent several times confined to her bed because of food-related illnesses.

Treating Kitchens like Restaurants

Health officials in Colorado were alarmed by a 2016 study showing long-term care facilities had a higher rate of food safety violations than restaurants and other similar retail food establishments – sometimes up to 30 times higher.

States have shut down nursing home food operations due to safety problems for residents. In California, at least 3 nursing homes closed their kitchens temporarily because of unsafe conditions. Nursing homes were forced to bring in restaurant food for residents or cut a deal with nearby establishments to supply meals.

Two nursing homes in Southern California had cockroach infestations. Inspectors at a third facility in the San Francisco Bay Area discovered numerous dead flies and a “strong smell of feces and sewage” inside their facility’s kitchen.

“If you were to take those exact same problems and stick them in a Taco Bell or Bob Evans, you would never eat there again,” said Brian Lee, executive director at Families for Better Care, a Texas-based non-profit advocating for residents in long-term care settings.

“There would be such a public outcry to get those restaurants closed.”

Contact a Cook County, Illinois Nursing Home Abuse Attorney

If your loved one is living in a nursing home that has been cited for unsafe food handling, please contact one of our experienced nursing home abuse attorneys at Dinizulu Law Group. Our attorneys know when your loved one is being treated unfairly and we work to seek the justice they deserve. Call our office at (312) 384-1920 for a free consultation or visit our website for more information.

What Happens if Nursing Homes Fail to Monitor and Follow Residents’ Care Plans?

CHICAGO, IL – When residents move into nursing home facilities, nursing home staff will obtain you or your loved one’s health information and review health conditions to prepare your care plan. One of the leading causes of nursing home injuries is when nursing home staff fails to follow care plans and monitor residents in the facility.

A care plan is a nursing homes road map for a particular resident. The care plan identifies risks and needs that are specific to each patient. You, your family, or someone acting on your behalf has the right to take part in planning your care with nursing home staff.

What Care Plans Include

According to Medicare, care plans will include information such as:

  • Physical conditions the patient has, such as diabetes or neuropathy
  • Psychological conditions the patient has, such as Alzheimer’s or dementia
  • Allergies
  • Medications
  • If the patient needs routine blood-sugar monitoring
  • If the resident is a fall risk and needs mobility assistance
  • If the resident needs assistance eating
  • If the patient has a proclivity to wander off
  • Types of equipment or supplies you need, such as a wheelchair or feeding tube
  • What kind of diet you need (if you follow a specific diet) and your food preferences
  • How your care plan will help you reach your goals
  • Any special instructions to keep the resident happy and healthy

Unfortunately, many nursing homes disregard patient care plans. Many nursing home facilities are plagued by inadequate staffing levels, unqualified staff, failing to supervise, and high employee turnovers. These factors all contribute to the chance the patient’s care plan will not be followed or go unnoticed.

Comprehensive care plans are crucial to understand the patient’s state of health and well-being. Care plans address issues such as risk prevention, how well the patient can care for themselves, progression of care, health and wellness goals, monitoring schedules, details about ongoing care, when and how often the plan itself needs revision, and emergency procedures.

Signs Nursing Home Care Plans Are Not Being Followed

There are indicators that a care plan is not being followed; however, it is difficult to know with complete certainty. Some signs of nursing home neglect include:

  • Failure to regularly turn an individual, resulting in bedsores
  • Failure to follow meal instructions (such as pureeing food), which can lead to choking
  • Infections resulting from failure to properly hygiene or toileting procedures
  • Malnutrition from improper feeding procedures
  • Improper administration of medication

The root cause analysis of neglect or abuse may be linked with gaps in their care plan development, or a lack of communication regarding the patient’s plan.

Why Are Care Plans Not Followed?

There is no “good” excuse for why a residents care plan is not being followed, or any excuse for abuse or neglect of any kind. However, there are a list of factors that may contribute to why your loved ones care plan is not being followed. This may include:

  • Understaffing
  • Fatigue and burnout, from overtime or a lack of adequate staffing levels
  • Lack of directives from supervisors
  • Lack of staff background checks
  • Lack of trained nurses
  • Residents being too scared or ashamed to report
  • Overtime or limited time
  • Poor supervision or training
  • High turnover rates
  • Unprecedented outbreaks of disease (e.g.: COVID-19)

Reporting an Incident of Neglect or Abuse

If you suspect your loved ones nursing home facility is neglecting to follow their care plan, you should advise the administrators of their nursing home and contact the Illinois Long-Term Care Ombudsman. You should also contact the Illinois Department of Public Health Bureau of Long-Term Care and Illinois Adult Protective Services to report the incident.

If your loved one’s needs are being neglected, please call the experienced nursing home abuse and neglect attorneys of the Dinizulu Law Group, Ltd. Our seasoned attorneys have the knowledge and resources, and we know when your loved one is not receiving the quality care they deserve. Call our office today for a free consultation at (312) 394-1920 or visit our website for more information.

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