Blog | Dinizulu Law Group, Ltd

How to Find a Quality Nursing Home During a Pandemic

June 11, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – The novel coronavirus is uprooting many areas of life for people across the world. For families that considering nursing home care for their loved one, it’s causing people to rethink such a move. Nursing homes have been the epicenter of coronavirus outbreaks, which certainly can lead to concern; however, this doesn’t mean you should stop looking into nursing homes.

While COVID-19 is certainly a risk factor that one should consider, families should also consider nursing home abuse and illness outbreaks happen daily in nursing home settings. No matter what the concerns are, there are some things that families can do to research and find a quality nursing home facility for their loved one – even during a pandemic.

Determine a Budget

One of the first steps while choosing a nursing home is determining what your family can afford. First, start by determining how much care your loved one needs. Does he or she require daily medical care and supervision? Does he or she need limited care, such as assistance with meals or medication reminders? These are things that will factor into the cost.

Determining the amount of care your loved one needs will help determine if you need assisted living or nursing home care. This will also help you narrow down your budget which will narrow down your field of choices.

Nursing homes can be more expensive because they require more specialized staff, nursing staff, and medical care. Nursing homes tend to have much stricter regulations, such as regulations for staffing, services, and food safety. On the other hand, assisted living facilities have less restricted regulations because there is less involvement in the daily needs of their residents.

Use Online Resources for Your Search

There are several legitimate online resources and tools you can use to help identify and review nursing homes you may be considering. If you are considering a facility that accepts Medicaid or Medicare, the best place to start your search is utilizing Medicare’s Nursing Home Compare tool. This tool is excellent to use because they have data on staffing, data on incidents, and can tell you the number of residents that have suffered from bedsores.

You can also find information through your state’s long-term care Ombudsman office. The Long-Term Care Ombudsman Program offers important information about nursing homes and assisted living facilities.

Visit the Facility

Before deciding on a nursing home, it’s important to visit the facility first. Don’t just settle for an informal meeting with the administrator – talk to the staff members who will potentially be caring for your loved one. Ask to meet with the nursing director and nursing assistants (CNAs). These are the people who will be interacting and caring for your loved one the most. It’s important to take note of what they’re saying and what their attitudes are like. Do they have a mean demeanor? Do they seem to enjoy their work? Do they seem tired or overwhelmed? Notice how they come across now and imagine how they will respond to your loved ones needs during a difficult shift.

Do More than a Guided Tour

Most nursing homes offer a guided tour of the facility and show where your loved one will be sleeping, the activity area, and the dining room. This is a great way to see an overview of the facility and what they have to offer, but this should not be the only way to assess the facility. When visiting, be mindful of a few things:

Residents – Do residents seem to be well-groomed? Do they seem to be happy? Are they actively moving around?
Food Service – Take note of what meals look like and how residents are reacting. Do they seem to enjoy it? Are residents complaining about the food quality?
Smells – Do you notice a smell or urine or strong cleaning products?
Sounds – Does it sound pleasant? Is there music playing? Do you hear upset residents that are crying or grumbling?

When visiting a nursing home, these are important factors to consider. If anything seems off to you, it’s likely a sign that this isn’t the best nursing home suited for your loved one.

Discuss Important Issues Before Signing Paperwork

Once you’ve narrowed down your list on possible nursing homes, it’s important to discuss certain issues before you sign any paperwork. It’s important to discuss your loved ones medical records since you can’t assume you will have access to their medical records once they are living at the facility. Ask the facility what they require to make sure you have all relevant medical information to help make medical decisions.

You should also discuss the plan for your loved one’s care. Ask the nursing home facility how they establish a care plan for residents. Most facilities will have a meeting with nursing staff to discuss the resident’s needs where families should be present.

Do You Have Concerns about Your Loved Ones Care in a Nursing Home?

If you have questions or concerns about the care your loved one is receiving in a nursing home, contact the attorneys at the Dinizulu Law Group. We help families understand their legal rights and options to ensure their loved ones are safe. To request a free consultation, please call (312) 384-1920 or visit our website for more information.

Ahmaud Arbery: Witness Says Before Shooting the McMichaels Hit Him with Their Car

June 5, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – The three white men who are accused of killing Ahmaud Arbery faced a Glynn County judge Thursday morning for their preliminary and bond hearings. Arbery, an unarmed black man, was being pursued by Travis and Gregory McMichael, two white man, when he was gunned down while jogging on February 23 near Brunswick, Georgia.

A 28-second cell phone video of Arbery being shot and killed flooded social media platforms months later and the public called for the McMichaels to be arrested. On May 5, officials with the Georgia Bureau of Investigations secured search warrants to arrest the McMichaels on murder and aggravated assault charges. On May 21, the man who filmed the killing, William “Roddie” Bryan, was arrested on felony murder charges.

The three men engaged in an elaborate chase, hitting the 25-year-old jogger with a truck as he tried to escape them. Richard Dial, GBI Assistant Special Agent in Charge, was asked whether he believed McMichael could’ve been acting in self-defense, he said it was Arbery who was defending himself.

“I believe Mr. Arbery was being pursued, and he ran until he couldn’t run anymore, and it was he turned his back to a man with a shotgun or fight with his bare hands against the man with the shotgun. He chose to fight,” Dial said according to CNN. “I believe Mr. Arbery’s decision was to just try to get away, and when he felt like he could not escape he chose to fight.”

As Travis and Gregory McMichael attempted to head him off, Arbery then turned and ran past the truck of Bryan who struck Arbery with the side of his truck. Investigators found a swipe from a palm print on the rear door of Bryan’s truck, cotton fibers near the truck bed that are attributed to contact with Arbery, and a dent below the fibers.

Arbery’s last moments emerged amid a week of nationwide protests over another killing – of George Floyd by police in Minneapolis – and demonstrators have called for justice in Arbery’s case.

Dial also testified that there were numerous times on social media that McMichael used the same slur words to describe people of color. Dial did not say which McMichael he was referring to and was not asked to clarify.

The Justice Department has launched a hate crime investigation in this case. With tensions already running high in Brunswick and the rest of the country, Georgia Governor Brian Kemp said the state will do “whatever is necessary to keep the peace.”

Two Autopsies Find George Floyd Died by Homicide, but Differ on Key Details

June 3, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – George Floyd died tragically before the world’s eyes last Monday when a video went viral of four Minneapolis police officers handcuffed him and Derek Chauvin kneeled on Floyd’s neck while two other officers held him down. In the video, you can hear Floyd repeatedly tell officers, “Please, please, please, I can’t breathe,” that sparked condemnation, protests, and a national outcry.

All four officers were terminated and are under investigation by the F.B.I. Derek Chauvin was charged on Friday with third-degree murder and second-degree manslaughter. Minnesota’s attorney general Keith Ellison said the four officers involved will be charged to the “highest level of accountability” (New York Post).

Floyd’s family conducted their own private autopsy through independent pathologists, as well as the county medical examiner – both of which state he died by homicide; however, the two autopsy reports differed on how exactly Floyd died. Dr. Allecia Wilson, one of the pathologists that conducted the independent autopsy, said that Floyd died as a result of mechanical asphyxiation. The report by the Hennepin County Medical Examiner’s office stated Floyd died of “cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression. The manner of death was ruled as a homicide, but the medical examiner’s review “revealed no physical findings that support a diagnosis of traumatic asphyxia or strangulation.”

This has raised many questions from the public – why have the other officers who were involved not charged? Will they be charged with murder? The private autopsy shows Floyd was killed on the scene and died in front of our eyes due to the pressure of Chauvin kneeling into his neck and from the two officers holding him down, pressing him lungs into the pavement, which interfered with blood flow to his heart and brain.

The Hennepin County medical examiner’s office said Floyd experienced cardiopulmonary arrest while being restrained by the officers. The county autopsy said Floyd had other significant conditions including “arteriosclerotic and hypertensive heart disease; fentanyl intoxication; and recent methamphetamine use.” The office had not previously released their findings pending toxicology reports.

Dr. Michael Baden, a pathologist of the independent autopsy, stated further testing wouldn’t reveal evidence of compressive pressure on Floyd’s neck, back, and legs since the pressure would have been released when it was no longer applied. He mentioned that large areas of scraped and abrasions on Floyd’s face indicated the force was used to press him into the ground.

Benjamin Crump, a civil rights lawyer representing the Floyd family, said, “What those officers did, as we have seen on the video, is his cause of death – not some underlying, unknown health condition. George Floyd was a healthy young man. The ambulance was his hearse.”

Effects of Understaffing in Nursing Homes

May 19, 2020/in Blog/by Yao Dinizulu

Nursing home facilities across the nation are facing an understaffing crisis. Research has shown nearly 95 percent of nursing facilities in the United States are understaffed. Understaffing can lead to serious injuries, or in some cases death among residents. Some states, such as New York, don’t have a legal mandate on the ratio of nursing home staff to senior residents, which means problems can often go unnoticed.

Understanding the Issue of Understaffing
Understaffing in nursing homes is a serious, prevalent problem that often goes underreported. There is often pressure for nursing facilities to cut costs. This can result in facilities taking in more residents than what they’re staff can effectively and adequately handle. Understaffing can mean that a single nurse must care for dozens of residents at one time.

Nursing facilities may find that they have having problems holding onto enough adequately trained nurses and certified nursing assistants who can provide care to residents. High turnover rates can result in the over-scheduling of available staff members, who then in turn become overwhelmed by their duties.

Understaffing in nursing facilities can also lead to nursing home abuse. Staff are overwhelmed while being underpaid, which can lead staff members or caregivers to be more abusive towards their residents. Forms of abuse can include physical or sexual injuries, financial exploitation, and psychological trauma. Staff members can also neglect the needs of vulnerable residents by not giving out the proper dosage of medication or the proper medication, for example.

Consequences of Nursing Home Understaffing
There can be negative consequences of understaffing in nursing homes which can affect residents’ basic needs. Staff members may be suffering from extensive stress, which increases the likelihood of nursing home abuse and neglect. Abuse and neglect become a bigger issue as the resident to staff member ratio increases.

Neglect and abuse from nursing home staff can cause long term issues, such as psychological problems, physical illnesses, and even death in some circumstances. Understaffing can attribute to already present psychological issues or physical illnesses among residents.

Consequences of Immobile Patients
Many residents suffer from limited ability to ambulate on their own and are dependent on caregivers for all of their movement needs, as well as their physiological needs. When a nursing facility is understaffed, it can be impossible for staff members to turn the patients in bed enough times or to move residents around as they need to be moved in order to prevent bedsores. This can lead to further skin conditions or infections.

Neglecting Residents Needs
Residents may be dependent on caregivers and nursing home staff for their bathing, eating, grooming, and medication administration needs. If a resident is not bathed or groomed on a regular basis, they may develop sores and infections. Facilities that are understaffed may have problems with feeding and administering medication to residents on a routine schedule. This may lead to malnutrition, nutrition deficiencies, and other complications from not receiving medications on schedule.

The Abuse of Residents
Understaffing in nursing homes can also lead to the neglect and abuse of residents in the facility. Abusive nurses have indicated stress from understaffing is the primary cause of their being abusive to residents. Having limited time to care for each resident can result in caregivers or nursing home staff to become impatient and frustrated, resulting in abuse towards a resident.

Prevalence of Understaffing in Nursing Homes in U.S.
Each state has a different definition of what constitutes as adequate staffing levels for nursing homes; however, research indicates nearly 95 percent of nursing facilities in the United States are significantly understaffed. In 2001, 20 states introduced a total of more than 50 Bills on nursing staff standards in nursing homes.

For example, Illinois requires that a nursing home have enough staff to give each resident that needs skilled care at least 3.4 hours of nursing care, including at least 51 minutes of licensed nurse care. At least 21 minutes of the licensed nurse time bust be care by a registered nurse (R.N). For residents who are in need of intermediate care, the numbers include 2.3 hours of total nursing care, including 34 minutes by a licensed nurse and 14 minutes of registered nurse time (Illinois Citizens for Better Care).

Eleven states, including Florida, Massachusetts, Michigan, Minnesota, New Jersey, New York, Ohio, Pennsylvania, Tennessee, Texas, and West Virginia have proposed staffing increases that were not passed.

Four states (Hawaii, Minnesota, Montana, and Wyoming) have not changed their staffing standards since the 1970-1980s. Furthermore, eighteen sates made changes to their staffing standards in the 1990s.

Preventing Understaffing in Nursing Homes
Many nursing homes have been held accountable for issues related to understaffing in recent years through lawsuits. While this may be a temporary fix to the problem, there is much more work to be done in order to combat this issue. Because of understaffing, nursing homes nationwide have had to pay out millions of dollars to patients who have suffered from wrongful death and illnesses that are related to the understaffing in nursing facilities.

If a nursing home facility fails to provide adequate staff and supervision, it can have a serious impact on residents who depend on nurses, caregivers, and other staff members for care.

If you or a loved one has experienced abuse or neglect at the hands of a caregiver, we recommend you contact an experienced nursing home neglect and abuse attorney right away. Our team has proven success in nursing home cases and we will use our extensive legal experience to help you navigate the process to get you full and fair compensation for our loved ones injuries. To receive a free consultation, please call (312) 384-1920 or visit our website for more information.

How Can Negligent Hiring and Supervision Lead to Nursing Home Abuse?

May 12, 2020/in Blog/by Yao Dinizulu

Nursing homes are responsible for ensuring residents are properly cared for in a safe and healthy environment; however, when a facility and its administrators fail to hire qualified staff, provide inadequate training, or poorly supervise employees, these shortcuts could result in harm, or even death, to a resident.

What is Negligent Hiring?

Negligent hiring is “a claim made by an injured party against an employer based on theory that the employer knew or should have known about the employee’s background which, if known, indicates dangerous or untrustworthy character,” according to US Legal. Performing a proper background check could include the following:

Checking employment and personal references
Validating college degrees, certifications, and licenses
Performing a drug screening
Performing a criminal screening
Performing a credit check
Checking driving records

Examples of Negligent Hiring

There are several ways that negligent hiring could lead to resident abuse. For example, a nurse with a fraudulent degree from a non-accredited college who performs CPR on a resident could result in death. Another example is a newly hired staff member who has had a history of anger issues attacking a resident and causes injury to them.

What is Negligent Supervision?

There are several ways negligent supervision could lead to resident abuse. An example of negligent supervision would be if a registered nurse who was known to sign off on medications but never properly administered it to residents, and a resident later dies as a result of not receiving that medication. Many times, nurses will sign off saying they gave the resident their medication but didn’t. The employer was made aware that the registered nurse was doing this and didn’t address it, which leads to negligent supervision.

Examples of Negligent Supervision

There are several ways negligent supervision could lead to resident abuse, for example, an administrator of the facility is aware that a nurse and a resident don’t get along, but still assigns the nurse to work that resident, an argument could turn into a physical altercation, resulting in the resident being hurt. Another example is if a staff member knows several items have been missing from a residents’ room under the supervision of the same caregiver but doesn’t investigate, discharge, or reassign employees, the caregiver could end up stealing the resident’s identity and racking up thousands of dollars.

What To Do If You Suspect Abuse

If a nursing home facility fails to provide the proper hiring and supervision, it can have a serious impact on residents who depend on nurses, caregivers, and other staff members for care.

If you or a loved one has experienced abuse or neglect at the hands of a caregiver, we recommend you contact an experienced nursing home neglect and abuse attorney right away. Our team has proven success in nursing home cases and we will use our extensive legal experience to help you navigate the process to get you full and fair compensation for our loved ones injuries. To receive a free consultation, please call (312) 384-1920 or visit our website for more information.

Why Do Nursing Homes Drug Dementia Patients Without Their Consent?

May 5, 2020/in Blog/by Yao Dinizulu

The Human Rights Watch estimates nearly 179,000 people in nursing homes are administered antipsychotic drugs every week without having a diagnosis for which the drug is approved. The use of antipsychotic drugs as chemical restraints has a long, disturbing history in nursing homes. Many times, staff members use antipsychotics to convenience or “discipline” a resident.

Manufacturers have faced many civil and criminal penalties in the last decade for the misbranding of the medication to promote the drug as appropriate to treat older people suffering from dementia. The Food and Drug Administration (FDA) has required manufacturers to place a “black box warning” on the packaging, advising against the medicine and the side effects it may have on an individual. Antipsychotics being administered to someone with dementia almost doubles the risk of death for them and have never been approved as safe or effective. Despite the warning, nursing homes still administer antipsychotic drugs, sometimes without informed consent first, which is a violation of federal regulation and a person’s human rights.

Antipsychotics are powerful drugs developed to treat schizophrenia; however, nursing home staff often administer them to those with dementia for the sedative effects. Government regulations prohibits the use of drugs as chemical restraints or without informed consent.

Antipsychotics are misused for a variety of reasons, including the misperception by nursing homes that medications may help those with dementia, lack of awareness of the danger of the drug, lack of training in dementia care, and possibly the most significant, to compensate for understaffing. Kaiser Health News found that nursing homes have been exaggerating levels of nursing and caretaking staff for years, according to The Washington Post.

In most cases, antipsychotic drugs are administered in a harmful way without the appropriate consent. Nursing home residents and family members have reported the resident was given the medication without their knowledge, awareness of risks or dangers, or any objections of their own. Staff members have admitted they we not aware of an informed-consent policy, rather they gave it to the resident out of their own convenience. Nursing staff, pharmacists, and medical directors commonly prescribed medication to residents without even seeing them.

Antipsychotic drugs are a favorite among psychotropic medications in nursing home facilities because dementia is associated with aggression, anxiety, agitation, delusions, disinhibition, irritability, and wandering. Federal regulations say residents have a right to be informed of their treatment, or their right to refuse treatment; however, nursing homes ignore these rules, partly because they are rarely held accountable.

An 81-year-old man in Texas spoke out about his experience being over medicated, saying, “too many times I’m given too many pills. I can’t even talk. I have a thick tongue when they do that. I ask them not to give me the antipsychotic drugs. When I say that, they threaten to remove me from the home. They get me so I can’t think.”

The Human Rights Watch found 97 percent of citations for violations at nursing homes were related to antipsychotic drugs from 2014 to 2017. In almost no cases, the government did not impose financial penalties, leading to the likelihood of it occurring again. Nursing homes are mostly a for-profit industry, controlling most aspects of their residents’ lives.

If you or a loved one is injured due to a medication error you believe was unnecessary or wrongfully given, reach out to one of our experienced nursing home abuse attorneys. We have helped thousands of wronged victims get the justice and compensation they deserve. With over 50 years of combined experience, our verdicts and settlements have helped clients have a peace of mind and security. Please call the Dinizulu Law Group at (312) 384-1920 to schedule a free consultation or visit our website for more information.

DLG Has Taken Action to Continue Serving Clients & Welcoming New Staff

April 28, 2020/in Blog/by Yao Dinizulu

During this unprecedented time and dynamic nature of COVID-19, the Dinizulu Law Group would like to let our clients, colleagues, and friends know what steps we have taken to ensure we remain available to you during this uncertain time. It is our goal to continue to serve clients’ needs, while at the same protecting our employees. We have taken precautionary measures and will be working remotely with a plan in place to serve our clients in the weeks to come.

As we monitor and follow the recommendations by the U.S. Centers for Disease Control and Prevention (CDC), World Health Organization (WHO), and state authorities, we are continuing our operations remotely. Luckily, we have all of the technology we need to serve clients and are ensuring we do so successfully. You are still able to call or email your attorney as you normally would with any questions or concerns.

To shed some light on a dark time, we have recently decided to expand our firm and would like to welcome Brian Orozco and Layinka Bell to the Dinizulu Law Group staff.

Brian will serve as an associate attorney focusing on litigating. Brian is a California native who graduated with a B.A. from the University of San Diego (2008), prior to earning his J.D. from DePaul University (2012). Brian’s true passion lies in ensuring the safety and dignity of the less vulnerable in our community. Brian is dedicated to representing injured individuals in wrongful death, police brutality, nursing home abuse, and other serious injury cases. Brian previously worked at a plaintiff’s civil rights firm where he litigated excessive force, police shootings, and wrongful death caused by police departments, jails, and prison, in both federal and state court. Brian is fluent in Spanish and we look forward to expanding our clientele.

Layinka joins our firm as a paralegal and project management, advocating for Chicago communities of color that are historically underserved and unrepresented. Layinka was born and raised in Chicago and received her degree from DePaul University in Multi-Minority Social Justice and her Master’s from DePaul in Jurisprudence. Layinka brings twenty-six years of experience as a senior trial and litigation paralegal specializing in project management and organization of law firms. She began her legal career managing and monitoring tort claims for a general counsel of a large Chicago based corporation before transitioning into various large and small firms where she focused on trial management and readiness.

Our team is dedicated in a precedented way to ensure that client services are still offered during the COVID-19 crisis. As we learn more, we will let you know when we resume to normal operations. Courts in Illinois have been postponed until further notice. This may slow down the progression of some cases, but we are working diligently working on cases so they are ready to go when the deadline resumes. We are still in contact with defense attorneys and insurance companies to resolve your case. If you have any questions and need to contact us, please do not hesitate to contact us. We thank you for your trust and patience during this time. Most importantly, be safe and stay healthy!

How to Report Nursing Home Abuse or Neglect in Illinois

April 21, 2020/in Blog/by Yao Dinizulu

Nursing homes abuse is an all-too-common problem across the nation that leaves elders vulnerable, injured, and emotionally scarred. Studies have shown that most perpetrators are the caregiver or a family member. Incidents of abuse can usually stem from poorly trained staff members who violently lash out on residents or fail horribly to meet their needs. Fortunately, families have many options to report nursing home abuse or negligence.

Families can report suspected abuse, neglect, or exploitation by contacting:

Local police or law enforcement
Nursing home administrators
Medical expert, such as doctors or nurses
Long-term care Ombudsman
Senior HelpLine
Illinois Department of Public Health
Healthcare and Family Services for Supportive Living Facility Complaints
Illinois State Police Medicaid Fraud Unit

If you suspect abuse, it’s important to contact someone right away rather than letting a loved one stay in a possible abusive situation. Nursing home abuse often goes unreported due to fear, embarrassment, or because a resident is unable to communicate how they feel. Unfortunately, nursing home administrative staff are not always responsive to complaints. Some administrators may not want to report cases of abuse or neglect to the authorities out of fear that their nursing home will undergo a costly investigation. If you suspect that someone is in immediate danger, call 911 immediately – don’t wait until a tragedy occurs.

Long-term care Ombudsman are advocates for nursing home residents who are trained to assist people with concerns about the long-term care system, in which they work with various professionals to resolve complaints. Their primary goal is to improve the overall quality of care for the elderly.

An ombudsperson handles a variety of concerns, including:

Abuse or neglect
Lack of respect for residents
Poor quality of care
Improper discharge or transfer

You can assume that an elder individual has been abused if there are sudden changes in their behavior and personality, or tension between the elder and their caregiver. If you suspect abuse, look for additional signs of abuse and take pictures to document for reference.

According to the Nursing Home Abuse Center, signs and symptoms of abuse can include:

Physical abuse
- Unexplained broken bones, dislocations, or sprains
- Bruising, scars or welts
- Failure of proper medication
- Signs of restraint, i.e. rope marks on an elder’s wrist
- Broken glasses
- Caregiver refusing others to be alone with the elderly person
Emotional abuse
- Unusual behavior in the elderly person that could resemble symptoms of dementia, including mumbling, rocking back and forth, or sucking one’s thumb
- Belittling, controlling, or threatening behavior of the caregiver
Financial exploitation
- Change in the elderly person’s financial situation
- Unexplained withdrawals from the elderly person’s bank accounts
- Changes in power of attorney, life insurance policies, property titles or wills
- ATM withdrawals, especially when a senior is bedridden, and they couldn’t have done it themselves
- Lack of medical care in spite of having money to afford it
- Adding names to accounts or signatures to the elder’s credit cards
Neglect
- Unsafe living conditions, such as lack of heat or lack of running water
- Not bathing the person
- Soiled bed clothing, dirty clothes, bugs or dirty conditions
- Presence of bedsores from not turning the patient regularly
- Unusual weight loss or dehydration
- Leaving the elderly person alone in a public location
Sexual abuse
- Stained, bloody, or torn underwear
- Bruising near genitals or other unexplained infections
- Unrelated genital bleeding to a medical condition
Healthcare Fraud
- Lack of adequate training to the staff
- Insufficient amount of staff to care for the elder
- Evidence of poor care
- Evidence of getting too little or too much medication
- Duplicate bills for the same services or devices

Victims of nursing home abuse or neglect should not be left to defend themselves – they need the support and help of staff, caregivers, family members, doctors, and other residents to report abuse to the authorities. If you or a loved one has experienced abuse or neglect at the hands of a caregiver, you will need an experienced nursing home neglect and abuse attorney. Our team has proven success in nursing home cases and will use our extensive legal experience to help you navigate the process and to get you full and fair compensation for you or your loved one’s injuries. To receive a free consultation, please call (312) 384-1920 or visit our website.

54-Vehicle Crash Shuts Down Part of Kennedy Expressway

April 16, 2020/in Blog/by Yao Dinizulu

Snowy, click conditions led to a massive multi-vehicle car crash on the Kennedy Expressway Wednesday morning, sending 14 people to the hospital. The Chicago Fire Department the vehicles involved in the crash were in the inbound lanes near North Avenue around 5 a.m. Officials attribute the crash to “low traction on the expressway” and drivers speeding, according to the Chicago Tribune. Snow had been falling during the early morning, contributing largely to the accident.

The 14 people – all adults – were transported to St. Joseph’s Hospital, Sts. Mary and Elizabeth Medical Center, and Northwestern Memorial Hospital, all with minor injuries. Authorities shut down the expressway at North Avenue for hours to clean up the crash, with at least a dozen Illinois Department of Transportation (IDOT) vehicles towing away cars that are no longer drivable.

The Illinois Department of Transportation released a statement, saying:

IDOT crews were called in at 1:30 Wednesday morning and those numbers continued to escalate as the forecast changed and the event intensified. At one point, IDOT had approximately 70 trucks on the road spreading salt and de-icing materials.

We do believe that the low traffic volumes as of late have increased speeds, resulting in many of the spinouts and crashes this morning. Traffic counts have been cut in half over the last month. As a result, n speeds on the expressways have been very high and traffic is moving too fast for current conditions.

In 2017, there was a total of 311,679 crashes that occurred on Illinois roadways, according to the IDOT. Approximately 854 crashes occurred per day in 2017; furthermore, 10 persons were injured per hour, and nearly three persons were killed per day due to traffic crashes in 2017.

Driving in the snow and ice create for dangerous road conditions, especially when speeding. If you’re driving in the snow, it’s important to remember to drive slow, accelerate and decelerate slowly, and increase your following distance.

Department of Justice Launches National Nursing Home Initiative

April 8, 2020/in Blog/by Yao Dinizulu

Attorney General William P. Barr announced the launch of the Department of Justice’s (DOJ) National Nursing Home Initiative (NNHI), which will investigate nursing homes nationwide that provide “grossly substandard” care to their residents. The DOJ indicated that it was dedicating significant resources to partner with the U.S Department of Health and Human Services and local and state prosecutors to respond to life-threatening quality of care issues the nursing home industry currently faces.

The DOJ is committed to combatting elder abuse and financial fraud, as it affects at least 10% of Americans every year. Elder abuse is an intentional or negligent act committed by any person that causes harm or a serious risk of harm to an older adult. Through enforcement actions, training and resources, research, victim services, and public awareness, the DOJ serves to prevent all forms of abuse and neglect.

The DOJ announced nearly 30 investigations in nine states that are currently underway. The NNHI focuses on identifying, investigating, and prosecuting the most problematic nursing homes nationwide, including those that:

Consistently fail to provide adequate care to residents
Failure to adhere to basic protocols of hygiene and infection control
Failure to provide residents with enough food so they become sick or weak
Withholding medication, or
Using physical or chemical restraints or sedating a resident, unless otherwise stated by the resident’s physician

For example, care failure can cause residents to develop pressure sores, or bedsores, down to the bone. Residents should be turned every 2 to 3 hours when laying in a bed, while they should be turned every 15 minutes when sitting in a wheelchair. If nursing home staff act carelessly or fail to do their job, they leave residents vulnerable to developing an illness, or in some instances death.

Federal regulators and law enforcement have had the authority to develop and enforce quality-of-care standards for nursing homes, while state regulators have traditionally played a leading role in investigating and prosecuting nursing homes for quality of care violations. The Department prosecuted claims under the False Claims Act (FCA) which relates to the federal spending on nursing home care for Medicare and Medicaid beneficiaries.

“The HSS Office of Inspector General continues to pursue nursing home operators who provide potentially harmful care to residents who are often unable to protect themselves,” said Chief Counsel to the Inspector General Gregory Demske. “Creating the Initiative sends a message to those in charge of caring for beneficiaries that substandard care will not be tolerated.”

The NNHI is part of a broader commitment by the Department to combat elder abuse and fraud, two things that often happen in nursing facilities. The Elder Justice Initiative (EJI) was developed in 2016, which will coordinate the NNHI. The task force is dedicated to coordinating the prosecution of elder abuse, including physical abuse, financial fraud or exploitation, caregiver negligence or abandonment, sexual abuse, or psychological abuse.

According to a press release by the DOJ, all entities must meet state and federal requirements and are encouraged to consider the following:

Reviewing all surveys over the past 5 years and addressing citations of substantial quality of care
Ensure all internal and external complaints are appropriately addressed
Ensure the entity has a compliance program that flags and escalates any complaints or concerns to ensure they are properly handled

Under the DOJ’s increased scrutiny, operators and investors in nursing homes, assisted living facilities, and other skilled nursing facilities are encouraged to discuss the quality of care standards and concerns.

If you or a loved one has experienced abuse or neglect at the hands of a caregiver, you will need an experienced nursing home neglect and abuse attorney. Our team has proven success in nursing home cases and will use our extensive legal experience to help you navigate the process and to get you full and fair compensation for you or your loved one’s injuries. To receive a free consultation, please call (312) 384-1920 or visit our website.