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Nursing Homes Ease COVID Lockdown for Essential Caregivers Program

February 9, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – Vaccination campaigns and reduced COVID-19 transmission may soon bring visitors back to nursing homes, but one state is using legislation to wedge the doors open now.

The Essential Family Caregiver Guidance program allows residents to appoint up to two caregivers who can enter their nursing home facility to help with meals, grooming, and companionship – even when a community spread or positive test in the building may otherwise keep guests out. The program is being overseen by the state health department.

Who Qualifies as an “Essential Caregiver?”

Essential caregivers are not general visitors. These individuals meet an essential need for the resident by assisting with activities of daily living or positively influencing the behavior of a resident. The goal is to help ensure high-risk residents continue to receive individualized, person-centered care.

Guidance by the Illinois Department of Public Health (IDPH) states:

The facility should establish policies and procedures for how to designate and utilize essential workers (EC) that include visitation parameters and a process for communication with residents and families.
The facility should encourage visits by ECs except during outbreak situations in the facility or when the resident being provided essential care has tested positive or is symptomatic for COVID-19. At such times, the administrator or director of nursing home should determine if EC visits are appropriate or can be considered under compassionate care visitation.
The facility should permit flexibility in scheduling EC visits, such as allowing evening and weekend visits, to accommodate the needs of the resident and the EC.
The facility may establish time limits as needed to keep residents safe. Scheduling of EC visits may consider the number of ECs in the building at the same time.
The facility must consult the resident or guardian to determine whether the resident or guardian wants to designate someone as an EC. Consider family members, outside caregivers, friends, or volunteers who provided regular care and support to the resident prior to the pandemic. Individuals may also be designated if different care needs arise (e.g., significant change in condition resulting from a fall, weight loss, or change in mental or psychosocial status).
Residents may designate more than on EC based on needs (e.g., more than one family member may split time to provide care for the resident). If multiple ECs are designated, a schedule should be established by the administrator or director of nursing, in collaboration with the ECs and resident.
The EC will maintain a distance of at least 6 feet from other residents and staff and wear appropriate PPE when they are in the facility.
ECs must be screened, tested, and provided PPE in accordance with the health care personnel guidance in the facility’s COVID-19 plan. The facility must document that it has trained the EC on proper infection control, including hand hygiene and appropriate use of PPE. Long-term care facilities licensed by IDPH must test ECs for COVID-19 as required by emergency rule.
The EC will provide care and support in the resident’s room or in facility-designated areas within the building. The EC must limit movement in the facility and ensure separation from other residents in shared rooms by use of curtains or partitions.
The EC may take the resident outdoors, while wearing appropriate PPE. The resident should wear a face covering, as tolerated. The EC should not take the resident off campus, expect in accordance with the IDPH Reopening Guidance.
If the EC fails to appropriate use of PPE, social distancing from other residents and staff, other COVID-19 related rules, or any other facility policies, the facility may restrict or revoke EC visits. Facility staff must first discuss the violation and the necessary corrective action with the EC and resident prior to instituting any restriction or revocation of EC visits.

Indiana is the only state considering a bill that would require all 534 of the state’s skilled nursing facilities to participate in an Essential Family Caregivers Program.

Zach Cattell, president of the Indiana Health Care Association, told McKnights, “At the end of the day, administrators, nurses, the folks who provide this hands-on care, they want to protect their residents… We also want highly involved family members. We want our communities to be open. These are peoples homes.”

A Model for Others?

It’s unclear how many states are considering similar legislation fixes while waiting.

In Pennsylvania, a 400-member group rallied around the state capitol demanding lawmakers to expand visitation rights to nursing home residents.

The American Health Care Association stressed the need to remain vigilant about infection control as restrictions ease.

What if My Nursing Home Was Found Noncompliant with Federal Regulations?

February 8, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – If a nursing home is found noncompliant with federal requirements, the infraction depends on the nursing home’s general history and the infraction itself. Every nursing home that accepts Medicare and Medicaid payments are subject to federal regulations under the Nursing Home Reform Act of 1987. The reform law was adopted to ensure each resident receives quality care free of all neglect, abuse, and mistreatment.

The law requires federal oversight of nursing homes and for states to also inspect nursing homes regularly for violations. The state uses specific criteria when inspecting facilities that includes whether a deficiency is an isolated incident or whether the deficiency causes immediate harm to a resident.

Understanding Federal Nursing Home Regulations

According to federal nursing home regulations, nursing homes must:

Conduct comprehensive, accurate assessments of each individual’s functional capacity
Provide necessary assistance needed for a resident to carry out regular daily activities, such as good hygiene, grooming, and healthy nutrition
Prevent a resident’s ability to bathe, groom, dress, move around, use the bathroom, eat, and communicate from deteriorating
Ensure residents receive proper treatment and supportive devices to maintain their vision and hearing
Work to prevent residents from developing bed sores and pressure sores by prevention infection and encouraging mobility
Have an adequate amount of trained nursing staff
Develop a comprehensive care plan for each resident, which must involve the resident
Ensure residents receive adequate supervision to prevent slips and falls in nursing homes
Help residents avoid dehydration and malnutrition
Ensure that residents receive adequate medical attention and medication, limiting medical mistakes

Nursing homes are required to treat each resident with respect, dignity, and courtesy to keep records about their progress and any regressions.

Factors That Determine the Severity of a Deficiency

There are four factors that determine the severity of a deficiency:

Level 1 – No actual harm with potential for minimal harm: A deficiency that has the potential for causing no more than a minor negative impact on the residents or employees;
Level 2 – No actual harm with a potential for more than minimal harm that is not immediate jeopardy: Noncompliance with the requirements that results in the potential for no more than minimal physical, mental, and/or psychosocial harm to the residents or employees and/or that result in minimal discomfort to the residents or employees of the facility, but has the potential to result in more than minimal harm that is not immediate jeopardy;
Level 3 – Actual harm that is not immediate jeopardy: Noncompliance with the requirements that results in actual harm to residents or employees that is not immediate jeopardy;
Level 4 – Immediate jeopardy to resident health or safety: Noncompliance with the requirements that results in immediate jeopardy to resident or employee health or safety in which immediate corrective action is necessary because the provider’s noncompliance with one or more of those requirements has caused, or is likely to cause, serious injury, harm, impairment or death to a resident receiving care in a facility or an employee of the facility.

Factors that Determine the Scope of a Deficiency

There are three levels that are used to determine the scope of a deficiency: isolated, pattern, or widespread. The scope levels reflect how residents were affected by the deficiencies cited:

Isolated: When one or a very limited number of residents or employees is/are affected and/or a very limited area or number of locations within the facility are affected;
Pattern: When more than a very limited number of residents or employees are affected, and/or the situation has occurred in more than a limited number of locations by the locations are not dispersed throughout the facility;
Widespread: When the problems causing the deficiency are pervasive (affect many locations) throughout the facility and/or represent a systemic failure that affected, or has the potential to affect, a large portion or all of the residents or employees.

Punishment for Noncompliance

Any nursing home who fails to comply with federal regulations set forth by the Centers for Medicare and Medicaid (CMS) are subject to sanctions.

CMS and state agencies can punish nursing homes that fail to meet compliance, as well as those that regularly perform poor during inspections. Sanctions are based on the seriousness of offenses and may include:

Appointing temporary managers for facilities
Hosting training and other workshops for staff members
Creating directed plans of correction
Imposing a sliding scale of fines
Removing homes from Medicare and Medicaid

Under federal guidelines, nursing facilities in violation can be terminated from Medicare and Medicaid if they fail to remedy issues within six months. Being removed from the program means the nursing home can no longer accept patients who pay with Medicare and Medicaid.

Notifications Nursing Homes Receive When They Are Noncompliant

When nursing homes are not in compliance with federal regulations, CMS or the state must give the facility notice of the remedy, including:

The type of remedy being imposed
The nature of the noncompliance
The effective date of the remedy
The home’s right to appeal the determination that led to the remedy

How to Find Information about Specific Nursing Homes

The Nursing Home Compare tool contains information on every Medicare and Medicaid certified nursing home in the country. For nursing homes not certified under Medicare or Medicaid, check specific State website if available.

Contact a Nursing Home Abuse Attorney in Chicago, Illinois

If you suspect your loved one is being abused or neglected by their nursing home facility that is noncompliant with federal regulations, please contact one of our experienced nursing home abuse attorneys today. Our attorneys are well-seasoned and know when our clients are being mistreated. Contact the Dinizulu Law Group located in Chicago, Illinois today at (312) 384-1920 for a free consultation or visit our website for more information.

Never Sign An Arbitration Clause in Nursing Home Contracts

February 4, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – Nursing homes in Illinois often ask residents to sign an arbitration agreement as long as it is drafted in compliance with Illinois law. Some nursing homes practice forced arbitration by removing residents right to file a claim through the public court system in a formal, signed agreement. The American Bar Association (ABA) defines arbitration as “a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments.”

Arbitration is similar to what happens in trial in terms of those who are involved will present their case along with evidence to an arbitrator; however, parties may not have to follow state or federal rules of presenting evidence. At the same time, arbitrators are not always required to apply the governing law.

The American Association for Justice (AAJ) collected five years of data on consumer and employment forced arbitration reported by the nation’s two largest arbitration providers: the American Arbitration Association (AAA) and Jams. The findings concluded were:

On average, only 382 consumer per year win a monetary forced arbitration.
There are more than 800 million arbitration clauses estimated to be in effect. The study found there are only 6,000 consumer arbitration claims filed each year.
Over the five years studied, consumers brought 6,012 claims valued around $3.7 billion in damages. They won monetary awards in only 131 cases.
Americans are more likely to be struck by lightning than they are to win a forced arbitration.
Over the span of the five-year study, only 16 nursing home arbitrations were reported to AAA. No residents won their case while nursing home corporations won four of the six they initiated.

How Americans Are Hurt By The Fine Print

Nursing homes facilities often try to sneak protections for themselves into Admission Agreements before residency even begins. The effects arbitration clauses have on residents can be determinantal. The AAJ mentions the effects residents endure by not reading arbitration clauses:

One-sided requirements: Most forced arbitration clauses require residents to waive their rights, while allowing nursing homes to sue in court.
High costs: In addition to hiring a lawyer, the resident or family has to often pay hefty fees just to initiate their case and pay their share of the arbitrator’s hourly charges. Forced arbitration clauses also allow the nursing home to choose the location, regardless of the inconvenience or costly travel for the resident.
Biased Decision-Makers: Nursing homes are repeat users of an arbitrator, meaning there is a disincentive for arbitrators to rule in favor of nursing homes.
Weak Civil Justice Safeguards: Forced arbitration clauses often have tight restrictions on the individual’s ability to argue his/her side of the case. For example, many arbitrators restrict the individual’s ability to obtain necessary evidence. It is also nearly impossible to appeal decisions by arbitrators. According to experts cited by the Washington Post, the amount of damages awarded, if any, has the potential to be less if the case were to be heard by an arbitrator as opposed to going to trial.
Secret Backroom Proceedings: Most forced arbitration clauses require that proceedings be kept confidential, even if the case raises important public health and safety issues.
Bounding: Parties are bound by the terms of the contract so wrongful death claims brought on behalf of a resident’s next of kin are not bound by the arbitration agreement.

Know What You’re Signing Before You Sign It

According to Illinois General Assembly, an arbitration agreement “may bar an action at law against any hospital or health care provider who is a party to the agreement on the grounds of respondeat superior for the negligence or other wrongful act of any employee reasonably alleged to have caused the injuries on which the claim is based.”

Under the Health Care Arbitration Act, it requires certain provisions to be included in arbitration agreements to make the information more conspicuous to signatories. Illinois contract requires that a person must possess sufficient mental capacity in order to sign a contract. This issue arises often in nursing home settings where a resident may not be mental competent due to dementia or Alzheimer’s. A resident or family member who does not feel confident that they have a firm understanding of what rights they’re waiving by signing the contract should seek advice from an experienced nursing home abuse and negligence attorney.

CMS Final Rule on Forced Arbitration, July 2019

Forced arbitration practices change throughout administrations. In 2016, the Obama administration banned forced arbitration only to be turned over by the Centers for Medicare & Medicaid. Under the Final Rule published in July, long-term care facilities must comply with the following criteria:

Not require a resident or his/her representative sign an agreement for binding arbitration as a condition of admission to, or as a requirement to continue to receive care at a facility.
Ensure that the agreement is explained to a resident or his/her representative in a form, manner, and language that he/she must acknowledge that he/she understands the agreement.
Ensure that the agreement provides for the selection of a neutral arbitrator agreed upon by both parties and a venue that is convenient to both parties.
Ensure that the agreement does not contain any language that prohibits or discourages the resident or anyone else from communicating with federal, state, or local officials.
Retain copies of the signed agreement for binding arbitration and the arbitrator’s final decision for five years after the resolution of any dispute resolved through arbitration with residents. These documents must be available for inspection upon request by CMS or its designee.
Grant residents a 30-calendar day period during which they may rescind their agreement to arbitrate.

How the Dinizulu Law Group, Ltd. Can Help You

If you or a loved one has suffered injury or death due to a nursing homes negligence, you make seek compensation to hold wrongdoers accountable. Our attorneys have experience in interpreting nursing home agreements and know when our clients are being mistreated.

Our consultations are always free and confidential. Please call our office located in downtown Chicago, Illinois for a free consultation at (312) 384-1920 or visit our website for more information.

Mom and 4 Daughters – All Under Age 6 – Die in House Fire in Des Plaines, IL While Dad Works

February 1, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – Tragedy struck on Wednesday morning after a fire broke out in a Des Plaines, IL home, killing a 25-year-old mother and her four young daughters.

The Des Plaines Fire Department confirmed in a press release the tragic incident that killed 25-year-old mother Cythaly Zamodio, along with her four daughters, Renata (6), Genesis (5), Allizon (3), and Grace (1).

“In my 30+ years of fire service, this is the most difficult scene I’ve responded to,” Fire Chief Daniel Anderson told People in a statement. “Any loss is tragic, but losing four young children is truly heartbreaking for our department and entire community.”

The husband and father was at work for his landscaping company when the incident occurred.

According to fire officials, flames broke out in their Des Plaines home just before 10:30 a.m.

When firefighters arrived at the scene, they immediately entered the burning home and located the children on the second floor.

A neighbor recalled telling firefighters children were inside the home. “They were trying to kick the door down, but the door wasn’t coming down,” Pabel Marrero told WLS-TV.

Many bystanders witnessed firefighters coming out of the engulfed house with children semi-conscious in their arms, blackened by the smoke. A minute or two would go by before another child was carried out in the same condition.

After all four children were recovered from the house, they were transported to Advocate Lutheran General Hospital where they were later pronounced dead.

Firefighters also pulled the mother from the fire where she was unfortunately pronounced dead at the scene.

Des Plaines Mayor Matt Bogusz said, “This is a very sad day for the City of Des Plaines. This kind of tragedy touches the heart of every Des Plaines resident. The City and the Des Plaines community grieve with this family and offer our support in any way we can.”

It’s unclear how the fire initially broke out and if the home had functioning smoke detectors. The Des Plaines is conducting an investigation with the Illinois Office of the State Fire Marshal and a regional task force under the City’s mutual aid system, according to People.

COVID-19 New York Death Toll Miscounted by “As Much As 50%”

February 1, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – New York Attorney General Letitia James (D) released a 76-page report on Thursday alleging the New York State Department of Health may have undercounted nursing home deaths by “as much as 50%.”

According to CBS News, the discrepancy is primarily due to the Health Department’s nursing home death data not accounting for nursing home residents who died of COVID-19 after being transferred to a hospital from their nursing home. The report is based on preliminary findings from an investigation that began in March into nursing homes policies that caused residents to be abused and neglected.

Governor Andrew Cuomo (D) is under scrutiny of obscuring the true death toll in long-term care facilities since the pandemic began in early-March.

According to the preliminary data analysis from the Office of the Attorney General, “a portion of nursing homes during the pandemic suggests that many residents died from COVID-19 in hospitals after being transferred from their nursing home,” (The Hill).

In one example, a facility that reported five confirmed and six presumed COVID-19 deaths to the Department of Health as of August 3. However, the facility reported to the attorney’s general office 27 COVID-19 deaths at their facility and 13 hospital deaths – a staggering discrepancy of 29 deaths.

In another instance, a facility reported one confirmed and six presumed COVID-19 deaths as of Aug. 3 but reported to the attorney general’s office 31 deaths – a discrepancy of 25 deaths.

More than 20 nursing homes are under investigation.

The Kaiser Family Foundation mentions only 6% of coronavirus cases have been associated with long-term care facilities; however, these cases make up nearly 39% of all COVID-19 deaths in the United States.

James said aside from miscounting the death toll, the investigation also revealed the lack of compliance with infection control protocols. This includes not isolating residents who had tested positive for coronavirus or even doing a basic employee screening of the virus, putting staff members and residents at an even higher risk.

The report also found fault with an order Gov. Cuomo issued at the start of the pandemic that stated nursing homes could not turn away patients who tested positive for COVID-19, as long as they were medically stable. The move was intended to help relieve overburdened hospitals that were sending patients elsewhere to free up capacity.

Although the state-commissioned report that was released in July didn’t find fault with the policy, James’s report said that it certainly may have increased the risk of the virus and spreading it to others at the facility.

Virginia woman speaks out against abuse at local nursing home

January 28, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – Helen Norfleet was 96 years old when she passed away after living at nursing home facility in Salem, Oregon. According to her death certificate, she died from pleural effusion, renal failure, pneumonia, failure to thrive, dementia, osteomyelitis on the left foot, among several other factors.

“My nanny was everything,” granddaughter Julie Parsons said.

The months before Norfleet passed away stands out the most to her granddaughter. Parsons visited her grandmother every day at Raleigh Court Health and Rehabilitation Center.

Parsons mentioned Raleigh Court actually worked well for her family until March 2020. “March 13 [to be exact], that was the last time I was allowed in that facility to see my grandmother,” said Parsons.

Parsons visits began happening through a window or computer screen. That’s when she slowly began to watch her grandmother’s hygiene decline.

“Her hair would be so greasy it looked wet,” Parsons described.

Parsons grandmother tested positive for COVID-19 at the beginning of September. According to her caregivers, she was asymptomatic and was doing well. One day later, Parsons called the facility to check on her grandmother when she was told Norfleet had fallen out of her bed, resulting in severe bruising on her face.

On October 4, Parsons got a call that her grandmother had a wound on two of her toes.

Three weeks later on October 21, Parsons was told the wound had worsened to the point that amputation was necessary. That night, Norfleet was taken to Lewis Gale and Parsons was able to see her grandmother for the first time since March.

Parsons recalled when the doctor came in and removed the bandage from Norfleet’s foot, she collapsed. “It was the most horrible, disgusting thing I had ever seen in my life. My grandmother’s toes had gotten so bad, and so infected that the bone was exposed,” Parsons said.

After Norfleet had her amputation, she stayed in the hospital a little over a week. During this time, Parsons recognized bruising all over her grandmother’s arms and chest.

On October 30, Parsons filed a police report which resulted in an affidavit that’s for a search warrant for Norfleet’s medical records at Raleigh Court Health and Rehab.

Three days later, Norfleet was discharged and taken to a different facility. Only three days later, Parsons got a call that her grandmother was not doing well.

“She was not herself. She told me that night she was dying,” Parsons recalls. “[She] fell asleep on November 20^th, she went to heaven.”

Parsons told WDBJ7 the only peace she has is knowing that her grandmother is no longer suffering. Parsons promised her grandmother that she would get justice for her and the other victims of abuse and neglect.

Parsons is currently waiting to see if the commonwealth’s attorney for Roanoke City, VA will pursue criminal charges against Raleigh Court Health and Rehab.

What is considered medical malpractice and when can medical providers be held liable in Illinois?

January 26, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – If a patient is harmed as a result of negligent medical treatment in Illinois, the doctor, hospital or other medical providers may be held liable for medical malpractice. Physician’s in Illinois are expected to provide care according to a certain care, also known as the standard of care. When they stray away from that standard and cause injury to a patient, further illness, or death, it is considered medical malpractice.

What Constitutes Medical Malpractice in Illinois?

Medical malpractice involves any deviation in the standard of care that medical providers owe to their patient. The most common types of medical malpractice claims include:

Diagnostic Errors
Medication Errors
Surgical Errors
Anesthesia Errors
Hospital Malpractice
Emergency Room Malpractice
Birth Injuries or Obstetrical Negligence
Unauthorized Treatment
Breach of Doctor-Patient Confidentiality
Unnecessary medical treatment or procedures

Illinois Statute of Limitations for Medical Malpractice Lawsuits

A “statute of limitations” refers to the law that sets a time limit on the right to file a lawsuit. Statute of limitations vary, meaning there are different deadlines for different types of cases.

In Illinois, the statute of limitations to file a medical malpractice lawsuit in Illinois is generally two years from the date the claimant knew or reasonably should have known of the injury. If a patient is under the age of 18 when the alleged medical malpractice occurred, the statute of limitations extends to eight years from the alleged act or omission; however, an act cannot be filed after the minor claimant’s 22^nd birthday. If the claimant is mentally incompetent, the statute does not begin to run until the disability is removed.

If medical malpractice results in death, the wrongful death two-year statute of limitations period begins to run on the date of the decedent’s death.

Damages for Medical Malpractice Claims in Illinois

The plaintiff must prove the defendant is liable for medical malpractice for it to be ruled in their favor. In this case, he or she may be able to collect money damages for: medical expenses, pain and suffering, lost wages, household services, and permanent disability and disfigurement.

Some states place damage caps on noneconomic damages (such as pain and suffering), but Illinois does not have any damage caps on medical malpractice damage awards.

Liability Issues Involved in Illinois Medical Malpractice Claims

Illinois follows a form of modified comparative negligence, where a medical malpractice action is barred only if the claimant’s contributory fault is more than 50% of the proximate cause of the injury or damage for which recovery is sought. If the claimant is less than 50% at fault for the injuries, he or she may still pursue a medical malpractice claim, but the financial recovery is reduced in proportion to the claimant’s percentage of fault.

Defendants in an Illinois medical malpractice lawsuit are jointly and severally liable for all damages. In other words, if there is more than one negligent party (such as a doctor and hospital), the plaintiff may file a malpractice claim seeking full recovery from any defendant.

There are legal issues involved with Illinois malpractice claims which makes them complex and involves a comprehensive factual investigation. It’s important to consult with a skilled Illinois medical malpractice attorney as soon as possible to review your case. If you or someone you loved has been injured due to a medical providers negligence, please contact the experienced medical malpractice attorney’s at Dinizulu Law Group, Ltd. We understand the process can be difficult and stressful which is why we offer medical malpractice consultations for free. Please visit our website for more information.

Is it safe to drive after taking an over-the-counter (OTC) or prescription medication?

January 14, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – Everyone knows how dangerous it is to consume alcohol or drugs before getting behind the wheel; however, a drug that’s often overlooked is over-the-counter (OTC) or prescription medications. Some medications you may not think twice about have side effects that can put you and others at risk on the roadway.

Common Medication Side Effects

If you have recently taken medication, it’s important to check if you feel any side effects before getting behind the wheel. Some common side effects include:

Dizziness
Sleepiness/drowsiness
Fatigue
Inability to focus or pay attention
Delayed reaction time
Blurred vision
Fainting

Some people may experience side effects while others may not feel any at all. Side effects can last for short periods of time or they may last for several hours. Stronger medications or ones that have an extended-release property can affect someone throughout the following day. Some medicines have a warning to not operate heavy machinery, including driving a car.

Medications That Can Affect Driving

The U.S. Food and Drug Administration (FDA) lists drugs that could make it dangerous to drive, including:

Opioid pain relivers such as oxycodone, codeine, and morphine or any product containing codeine
Prescription drugs for anxiety: for example, benzodiazepines or Valium
Anti-seizure drugs (antiepileptic drugs) like lorazepam
Antipsychotic drugs, such as risperidone
Some antidepressants like Zoloft or Lexapro
Cold remedies and allergy products (both prescription and OTC), such as Nyquil and Benadryl
Muscle relaxers like cyclobenzaprine
Medicines that treat or control symptoms of diarrhea, such as Imodium
Medicines that treat or prevent symptoms of motion sickness like Bonine
Diet pills, “stay awake” drugs, and other medications with stimulants (e.g., caffeine, ephedrine, pseudoephedrine)
CBD products

Effects of Sleep Medicine

For people who struggle with insomnia and falling asleep, they may take medication to help them sleep. A widely used ingredient in prescribed sleep medication is zolpidem, which belongs to a class of medications called sedative-hypnotics. The FDA has found that medication that contains zolpidem, especially extended-release medications, can impair a person’s driving ability and daily activities the next morning.

People who take sleep medicine should talk to their doctor about ways to take the lowest effective dose.

How Allergy Medicines Can Affect Your Ability to Drive

Many people who have allergies, and for those who take medications containing antihistamines, these medicines can interfere with driving and operating heavy machinery, including driving a vehicle. Antihistamines slow a person’s reaction time, can make it hard to focus or think clearly, and make cause confusion or drowsiness.

It’s important to read the OTC Drug Facts label of medicine to understand warnings before consuming it. Avoid drinking alcohol or consuming other medications that contain antihistamines as it can increase the side effects.

It’s important to inform your health care provider of the products you are taking, including prescription, OTC, and herbal products. If you notice any side effects, let your doctor know about these. Always follow directions for use and read warnings on medication packaging and handouts from the pharmacy.

Involved in an Accident?

If you were involved in an accident by someone who was experiencing side effects from medication, please call our office today to learn your legal rights. The skilled attorneys at Dinizulu Law Group, Ltd. have been fighting to protect the rights of accident and injury victims for more than 20 years throughout the Chicagoland area. Contact us today to learn more information.

Who Owns A Nursing Home Can be the Difference Between Life and Death

January 6, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – During the COVID-19 pandemic, nursing homes have been hit hard with the most vulnerable population and has resulted in death rates spiking. Mathematica Policy Research researched COVID-19 cases and deaths concentrated in certain long-term care facilities including nursing homes and assisted living communities. Findings proved for-profit nursing homes had more than 60 percent more cases and deaths than nonprofit nursing homes.

In Illinois counties that have been hit hardest by the virus, for-profit nursing homes have nearly double the deaths per bed compared to nonprofit facilities.

Last January, Elizabeth Stout was trying to find a place for her brother, John Krok.

Krok, 62, had been struggling with a brain tumor for nearly two years after suffering from a seizure at Jewel supermarket where he worked as a cashier. Krok has undergone numerous medical procedures, hospital trips, and rehab-center stays but ultimately ended up back in the hospital.

Stout recalled only having a few days to get her brother out of the hospital and into a nursing home.

She printed out federal ratings of nursing homes near her brother’s house on Chicago’s Northwest Side. She saw two facilities with high ratings for a sufficient amount of staff to care for residents – both of which were owned by nonprofit organizations. After touring the facilities, she tried to get her brother admitted.

He was rejected from both because Krok was reliant on Medicaid, a government funding program that pays for long-term care for those who cannot afford it.

Stout looked at Fairmont Care, a facility with lower staffing ratings but welcomed Medicaid recipients.

Stout had no knowledge and no way of knowing that Fairmont’s main proprietor was among the state’s least effective nursing home owners at protecting residents from COVID-19.

Krok was transferred from a hospital to Fairmont Care on January 27. He was placed with a roommate who had a hacking cough that later tested positive for COVID-19.

Soon after, Krok developed pneumonia in both lungs. Fairmont sent him to the hospital where he tested positive for the virus.

When Krok caught COVID-19, the virus had just begun to take hold of the Chicago area and other parts of Illinois spreading rapidly in nursing homes. Nearly a year later, and the virus is continuing to spread at high speeds. Nursing home residents now account for 8,297 deaths in Illinois.

The coronavirus spread through long-term care facilities in Illinois has not been even: nursing homes that operate for profit have had more infections and deaths per bed than nonprofit facilities. For profit nursing homes have had nearly double the death rates as nonprofit facilities.

Advocates for nursing home residents and staff members say Illinois should focus more on holding owners accountable for packing elderly and frail people into poorly staffed facilities where the virus can quickly spread.

Staff Shortage and Overworked

Fairmont Care, the facility that took in John Krok, has some of the worst COVID-19 numbers among nursing homes in Illinois. In January 2020, it average 152 occupied beds. By November, state public-health regulators had recorded 155 infections and 32 deaths tied to the facility. Fairmont had more COVID-19 deaths per occupied bed than 95 percent of the state’s 758 long-term care facilities.

Elizabeth Stout, Krok’s sister, was not concerned about the care her brother was received at Fairmont. She praised a social worker, physical therapist, and nurse practitioner for going above and beyond to facilitate a Zoom call for Krok’s birthday with family members.

What concerned Stout was the staffing levels for day-to-day care that residents required.

“I don’t believe during his entire stay that he was walked to the bathroom,” she said. “It was either a bedpan or bedside commode.”

When COVID-19 swept through Illinois nursing homes, many Fairmont staff members got sick. The facility’s management said it directed others to work double shifts and brought in temporary nurses from staffing agencies.

Stout said eventually staff members stopped moving her brother from the bed – even for meals. She also had a hard time reaching any Fairmont managers.

The federal government rated Fairmont’s staffing levels as average or below average compared to nursing homes nationwide during the four quarters prior to the pandemic.

Fairmont staff members admitted to Stout that they were overstretched, mentioning they would arrive in her brothers room to take vitals or put a meal tray down before they had to rush to care for the next resident.

When Fairmont sent Krok back to the hospital with pneumonia, he arrived without medical charts. She found this out when the hospital called her to see whether his symptoms were from a stroke. Without his charts from Fairmont, the hospital lacked the most basic information about his condition, including that he had a brain tumor.

Krok begged the hospital not to be returned to Fairmont, but he eventually was.

The Centers for Disease Control and Prevention (CDC) and the National Healthcare Safety Network (NHSN) has a module on their website that provides healthcare facilities, such as long-term care facilities, with a customized system to track infections and prevention process measures in a systematic way.

It’s important to research nursing homes before deciding which is the best to place your loved one in. Medicare offers a tool that allows you to compare nursing home quality by the following criteria:

Five-Star Quality Rating
Health inspections
Nursing home staffing
Quality measures
Fire safety inspections

If you believe your loved one is being abused or neglected by their nursing home facility, please contact an experienced attorney at the Dinizulu Law Group for a free consultation today at (312) 384-1920. You can visit our website for additional information.

Reflections in 2020

December 29, 2020/in Blog/by Yao Dinizulu

2020 is certainly a Year of Reflections. While all of us have had to make sacrifices this year, it’s always important to reflect on the past its meaning and the future. First and foremost, I pray that your families are healthy and well and have not been harmed during this pandemic. Personally, knowing many of you, I know that some of you have lost family members and loved ones. We must collectively reflect on life’s highs and lows and look forward to better days – living out our purpose. In reflecting on life’s promise and living out my purpose, I conclude I have much to be thankful for. I owe it all to you who have supported me throughout the decades and especially this last year.

I began 2020 trying a medical malpractice case against a local hospital for a beautiful little girl who was not timely diagnosed with meningitis. After a nearly 5-week trial, we were able to get justice for baby Ahlanie and her family on March 6, 2020. I can’t thank enough the parents of our client who entrusted their case with us so we could fight for the justice she deserved. I’m also thankful to my internal staff and trial team who put in countless hours, and are pictured here:

(As seen left to right: Gregg Luther, Edward Washington II, Yao O. Dinizulu, Don Keenan & Craig Sandberg)

Within 7-days of our trial completing, Illinois was shut down and placed on a stay-at-home order. With the state shut down to only essential workers, much of our office was influx as we learned to navigate this new world that we currently find ourselves in. When speaking to several of my colleagues, I learned many firms shut down because they were no longer receiving the business they once were. However, we persevered because we continued to receive your unwavering support as your Advocates for Justice. Not only did we maintain our stability, but we added to the foundation of our firm and have been able to continue to provide our community the results your loved ones deserve.

During this year, our attorneys were asked to speak at several seminars and conducted numerous presentations. Our Associate Brian Orozco was asked to speak as a panelist at his alma matter DePaul University for the 17^th Annual Latino Forum. Brian had the opportunity to speak to current law students about his experience in law and offer his advice based on his experience as a practicing attorney.

(Pictured: Associate Attorney Brian Orozco)

In July, Attorney Dinizulu was asked to present to a national audience on trying a medical malpractice case and the sophisticated techniques used to receive a favorable resolution.

In October, Mr. Dinizulu moderated a panel on Race and the Law. He was joined by esteemed panelists Plaintiff’s Attorney/Registered Nurse (RN) Vivian Tarver-Varnado, General Counsel and soon-to-be Deputy Mayor of Gary Indiana Trent McCain, and Clinical Assistant Professor at the University of Chicago Dr. Sonya Dinizulu. The participants discussed how race has affected the practice of law. The discussion ranged from appellate practice, to jury selection, trial teams, expert witnesses, and the treatment of people of color by medical experts.

(As seen from left to right: Vivian Tarver-Varnado, Trent McCain, and Sonya Dinizulu)

Major protests were sparked at the end of May following the death of George Floyd.

Black Lives Matter and supporters went on to organize protests around the world including an estimated 15 to 26 million people in the United States participating in demonstrations over the death of George Floyd, Breonna Taylor, Rayshard Brooks, Botham Jean, and countless others in the following weeks and months. The fight is not over.

These efforts for equality and civil rights for people of color would make recent protests the largest movement in U.S. history. Mr. Dinizulu participated in a protest with his family arranged by Jack & Jill in solidarity to end police brutality and systemic racism.

(Pictured below: Attorney Yao O. Dinizulu marching with his family in a Jack & Jill protest in June)

With 2020 coming to a close, the Dinizulu Law Group, Ltd. would like to thank you for all of your unwavering support. We hope you and your family have a safe and healthy New Year.

Remember to VOTE Georgia Blue for Raphael Warnock and Jon Ossoff in the upcoming senatorial elections on January 5.