Blog | Dinizulu Law Group, Ltd

Awareness of Elder Abuse Increases While One Form is Often Overlooked

April 7, 2020/in Blog/by Yao Dinizulu

In recent decades, the media has exposed a crime that is often overlooked – abuse against the elderly. Often times the violation comes from a caregiver or a relative. Extensive research has shown adults 65 and older will often experience violence or neglect that was brought on by a caregiver or family member. Experts have recently been studying patients that suffer from dementia or Alzheimer’s disease; however, there is one form of abuse that is often overlooked.

Resident-to-Resident Harassment
Resident-to-resident mistreatment (R-REM) is the “negative and aggressive physical, sexual, or verbal interactions between long-term care residents that (as in a community setting) would like be construed as unwelcome and have high potential to cause physical or psychological distress in the recipient,” according to the National Long-Term Care Ombudsman Resource Center (LTCOP) Reference Guide.

Nearly 20% of nursing home residents experience a negative or aggressive encounter with another patent in just a four-week period. Encounters include:

Verbal abuse
Physical abuse
Invasion of privacy
Inappropriate sexual behavior

Types of Abuse
According to research by the National Consumer Voice, there are many forms of R-REM that include the following:

Verbal abuse
- Cursing
- Screaming
- Verbally threatening
- Controlling
- Racial or ethnic slurs
Physical abuse
- Hitting
- Kicking
- Grabbing
- Pushing
- Biting
- Scratching
- Spitting
Sexual abuse
- Unwelcome verbal sexual advances
- Exposing self or inappropriate body parts
- Touching/kissing/trying to get in another resident’s bed

These are the most common forms; however, other forms include throwing items, destroying others property, threatening gestures, wandering, or rummaging.

Case Studies Show Staff Negligence of Issue
In one case study, a researcher found over a one-year period 294 cases of resident-to-resident abuse. Common injuries included lacerations, bruises, and fractures. Nurse aides reported extensive verbal, physical, material, psychological and sexual abuses, with the most common being verbal and physical.

Victims of R-REM are more likely to be male, with cognitive impairment, moderate functional dependency and behavioral disturbances. Perpetrators are normally individuals who have suffered with alcoholism, psychiatric illness and substance abuse.

Research has also shown that the actions of staff members may cause aggressive tendencies by resident. Another study found that a crowded environment was correlated with violent episodes. For example, in a nursing home setting where older people who may have lived alone for years are exposed interactions with residents and staff in crowded spaces. Any hostile or aggressive environment puts victims at an increased risk of being abused.

Consequences of Resident-to-Resident Mistreatment
There can be minor or severe consequences to R-REM such as a victim falling, fracturing a bone(s), lacerations, and/or abrasions. Victims also experience a decreased quality of life, depression and anxiety.

The SEARCH approach to managing R-REM. The SEARCH approach (Support, Evaluate, Act, Report, Care plan & Help to avoid) provides the guidelines for nurses and care staff on how to prevent R-REM in long-term care settings. According to research, the steps include:

Support	Support the injured resident until help arrives Listen to all involved residents’ perspectives on the situation or any witnesses Validate residents’ fears and frustrations
Evaluate	Evaluate what actions are needed Evaluate and support all residents involved in, or who have witnessed an act of abuse Monitor residents’ behavior
Act	Seek medical treatment when indicated Try to stop the incident verbally before interfering Call for other staff or security to help Separate residents who do not get along In the case of missing personal items, assure the resident that a room-by-room inspection will be conducted promptly Follow-up with involved residents Acknowledge resident’s concerns
Report	Initiate an investigation of serious incidents when warranted Contact families, if appropriate Notify a supervisor or administrator Document the incident Initiate facility protocol and procedure for reporting RREM
Care Plan	Plan for the victim and the initiator Talk with the care team about the best ways of intervening and avoiding RREM Document all threatening behaviors Monitor residents to potentially avoid future incidents
Help to Avoid	Have adequate staff Avoid crowding people and equipment into small spaces Reinforce resident’s safety is a nursing homes priority Educate residents about dementia-specific behaviors Take inventories of personal belongings Recognize risk factors or RREM

Filing a Lawsuit
While resident-to-resident mistreatment is often overlooked, it is still a form of abuse that needs to be reported immediately. To prove negligence or abuse has happened to a resident, 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.

Neglected Nursing Home Residents Often Develop Bed Sores

April 3, 2020/in Blog/by Yao Dinizulu

Most residents in nursing facilities can’t move around on their own. They may be confined to their bed or a wheelchair, and it can be difficult for them to shift their weight of their body. When a body part is experiences persistent pressure, bed sores can develop. Staff members must take extra precaution to prevent the development of bed sores, such as flipping the resident over.

What are bedsores?

According to John Hopkins, bedsores can form when a person is, “bedridden or otherwise immobile, unconscious, or unable to sense pain.” Bedsores happen on areas of the skin that are under pressure from lying in bed or wheelchair for an extended period of time.

If an immobile or bedridden resident is not turned or positioned properly, given proper nutrition and skin care, bedsores can develop into one of four stages.

What causes bedsores?
Bedsores develop when blood supply to a person’s skin is cut off for more than 2 to 3 hours. Depending on the severity of the bed sore, the person’s physical condition and depending on if they have any underlying diseases, bedsores can take days, months, or years to heal.

What are the symptoms of bedsores?
Bedsores have 4 stages, ranging from least severe to most severe:

Stage 1. The area is red and warm to touch. On darker skin, the area may have a blue or purple tint. During this stage, a person may complain that it hurts, itches, or burns.
Stage 2. The area begins to look more damaged and have an open sore, scrape or blister.
Stage 3. The area has a crater-like appearance because of the damage below the skin’s surface.
Stage 4. The area is severely damaged, and a large wound is present. Infection is a significant risk at this stage.

How are bedsores diagnosed?
A healthcare provider or physician can diagnose bedsores by inspecting the person’s skin. According to their appearance is what stage the person is at.

How do you treat bedsores?
A healthcare provider will discuss specific treatment options based on the severity of the person’s condition. Healthcare professionals are supposed to monitor the bedsore closely and document the size, depth, and response to treatment. Treatment can include:

Keeping the wound clean
Ensuring good nutrition
Removing pressure on the affected area
Protecting the wound with gauze
Medication, such as antibiotics

How can bedsores be prevented?
By examining the skin closely and looking for areas of redness, aparticularly in bony areas. Other methods include:

Turning and repositioning a resident every 2 hours
Sitting up-right in a wheelchair, repositioning roughly every 15 minutes
Provide good skin care
Provide good nutrition

What to do if I’ve found bed sores on myself or a loved one?
To prove negligence or abuse has happened to a resident, 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 get a free consultation, please call (312) 384-1920 or contact us via our website at www.dinizululawgroup.com.

What Protections does the Illinois Nursing Home Care Act cover?

March 31, 2020/in Blog/by Yao Dinizulu

Nursing home abuse and neglect often goes unaddressed because residents and their families don’t necessarily know the rights a resident has. The Illinois Nursing Home Care Act (210 ILCS 45) specifically protects nursing home residents who may be more vulnerable to exploitation, neglect or abuse. Residents have the same rights just as any other person has under Illinois law, federal law, and state laws.

What is abuse or neglect?
Anyone residing in a long-term care facility has the right to be free from abuse, neglect, mistreatment, and financial exploitation. Abuse generally refers to the harmful actions, while neglect refers to the negligence or carelessness.

The statue reinforces the rights that every Illinois citizen has and details a number of specific rights and protects nursing home residents have that are guaranteed by state law or under the U.S Constitution. Those include:

Rights regarding spousal impoverishment. Nursing home facilities must inform all new residents upon being admitted of their spousal impoverishment rights under the Illinois Public Aid Code and the Medicare Catastrophic Act.

Right to private visits. Residents cannot be denied the opportunity for family and friends to visit, unless there is a verified medical reason for restricting visitations.

Right to personal property. Nursing home staff are not allowed to withhold or take a resident’s personal property; however, if there is medical reason for why the resident cannot have access to an item, they may be prevented from doing so.

Right to manage your own finances. Due to the nature of many resident’s illnesses, residents may not always have immediate access to their money; however, nursing homes are prohibited from spending a resident’s funds without proper authorization.

Right to your own physician. Nursing home residents have the right to choose their own physician and cannot be denied an opportunity to see their physician.

Right to respect and privacy in medical care. Residents have the legal right to privacy, and undisclosed personal information with their doctors and/or physician.

Right to participate in medical care and refuse treatment. Nursing home residents have the right to understand medical treatment they are undergoing and/or refuse treatment or medical interventions.

Right to exercise religion. Nursing homes cannot prevent a resident from expressing his/her religion.

Right to be free of physical or chemical restraints, unless medically necessary. Often times nursing homes must put restraints on a resident who puts themselves or others at risk of hurting them. The only exception a verified medical reason and when absolutely necessary. A residents physician is the only one who can order the use of physical or chemical restraints.

Right to rescreening when admitted with serious mental illness. When residents are admitted into a nursing home facility, they have the right to be rescreened and annually assessed.

Right to be free from unlawful discrimination. No resident should be unlawfully discriminated by any owner, licensee, administrator, employee, or agent of a facility.

Right to authorized electronic monitoring. A resident has the right to allow electronic monitoring devices placed in their rooms.

Right to see an attorney or social worker. Residents cannot be denied the opportunity to receive counsel from an attorney or social worker.

If you or a loved one has been abused or neglected in a long-term care facility such as an assisted living facility or nursing home, please contact an experienced nursing home abuse attorney. Schedule a free consultation today with Dinizulu Law Group today at (312) 384-1920.

Illinois Nursing Home Abuse & How to Report

March 26, 2020/in Blog/by Yao Dinizulu

Nursing home neglect happens more often than you think. An estimated 5 million adults 65 and older are abused and neglected each year in the U.S. Neglect is an form of elder abuse committed against an older adult in a nursing home that breaches the duty that may harm a resident.

You’re more than likely going to experience a family member or someone you know being in a long-term care facility. Nearly 1.5 million people live in a nursing home in the U.S., according to the Centers for Disease Control and Prevention (CDC). When someone else is taking care of your loved one, it’s important to do research on the facility you ultimately choose.

Illinois has one of the highest rates of nursing home abuse in the nation. It’s important to be aware of the signs and symptoms to look out for when suspecting abuse and know how to report a case.

Anyone can commit elder abuse; in fact, in almost 60% of elder abuse and neglect incidents, the perpetrator is a family member and two thirds are adult children or spouses according to the National Council of Aging (NCOA). However, perpetrators are not limited to just family members and may include caretakers or other residents.

What is elder abuse?

Elder abuse or neglect “refers to the mistreatment of a person 60 years of age or older who lives in the community,” according to the Illinois Department of Human Services (IDHS).

IDHS states abuse and neglect includes any of the following:

Abuse – physical, sexual, or emotional mistreatment and/or willful confinement.
Neglect – the failure of a caregiver to provide the older person with the necessities of life, including but not limited to food, clothing, shelter, and medical care.
Financial exploitation – the misuse or withholding of the older person’s resources by another to the disadvantage of the older person and/or the profit of another.

What makes an older adult vulnerable to abuse?

Older adults who are in nursing homes are socially isolated and those who have mental impairments such as dementia or Alzheimer’s disease makes them more susceptible to being abused or neglected. Studies have shown that those with dementia have experienced a form of abuse or neglect.

Most common types of abuse:

According to the Illinois Department of Aging (IDOA) victims often experience more than one form of abuse. 67 percent of victims are female, while 33 percent are male; however, 51% of abusers are females, while 49% of abusers are male.

Based on the 2017 annual report, the most common forms of abuse in Illinois were:

Financial exploitation, (8,604)
Emotional abuse (6,476)
Passive neglect (6,679)
Physical abuse (3,782)
Willful deprivation (2,268)
Confinement (1,381)
Sexual abuse (765)

What to do if you suspect abuse:

If you suspect your loved one is experiencing abuse in their nursing home, talk to the staff immediately. If the problem isn’t resolved, you can talk to one of the following:

Call 911, especially if they are in life threatening danger
Supervisor
Social worker
Director of nursing
Administrator
Doctor

Families should document signs of nursing home abuse and indicate any change in their loved ones behavior, take pictures of the injuries and note if injuries worsen, and write or record any witnesses that has seen the abuse or from the victim themself.

How to report nursing home abuse:

There are several ways you can report nursing home abuse. In case of emergencies, please dial 911. You can also contact:

Long-term care ombudsman
- You can find your local ombudsman here.
Professional medical experts like doctors or nurses
Nursing home administrator

To confidentially report abuse:

A 2019 report by GAO states, “nursing home abuse often goes unreported mainly because residents are afraid of what will happen if they speak out.” Residents fear that staff may treat them worse, or abuse will continue and worsen.

A nursing home report can often remain confidential when complaints are filed with a long-term care ombudsman, unless consent is given otherwise. Confidentiality eases the concern of addressing a problem.

File a Lawsuit

If you suspect your family member or loved one is the victim of nursing home abuse or neglect, it’s important to take legal action right away to protect their rights. In Illinois, the statute of limitations limits the amount of time you have to file a lawsuit which is 2 years from the injury date.

Throughout the litigation process, the attorney’s at Dinizulu Law Group collect evidence to build your case against the nursing home and staff and inform you of the steps we take along the way. Please call our firm today for a free consultation at (312) 384-1920 to learn how you can obtain justice for your loved one.

Coronavirus Outbreak in Illinois Nursing Home Facility

March 24, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – Officials of the Illinois Department of Public Health (IDPH) have reported at least 46 people, including residents and staff members, have tested positive for coronavirus at a DuPage county nursing home. This outbreak is the first in a long-term care facility in Illinois. Chicago’s WGN9 reported the first confirmed test of a Willowbrook resident by state health officials.

Within a matter of days, the virus spread to other members at Chateau Nursing and Rehabilitation Center of Willowbrook, a southwestern suburb of Chicago. Forty-six people, thirty-three residents and 13 staff members – have all tested positive for the virus. Other residents are now isolated in another area of the facility as officials expect additional positive tests to come back within the near future.

Mayor Frank Trilla, said, “this could have happened anywhere.”

There haven’t been any unusual incidents at this nursing home before the outbreak, though the mayor noted that nursing homes are regulated by the state and not local government.

Centers for Medicare & Medicaid Services (CMS) established a new set of rules for nursing home facilities beginning on March 13. The critical new measures were designed to reduce the spread of COVID-19. The new set of rules directs facilities to to significantly restrict visitors and nonessential personnel, as well as restrict communal activities inside nursing homes, with exceptions for compassionate care, such as an end-of-life situation. All group activities and communal dining are canceled and be implementing active screening of residents and health care personnel for fever and respiratory symptoms. The only exception is for certain care situations, such as end-of-life situations. The new measures are CMS’s latest action to protect America’s seniors, who are especially vulnerable to contracting COVID-19.

The First Outbreak at a Nursing Home Facility

According to the CDC, seniors with multiple health conditions are at the highest risk for complications. There have been reports of large numbers of cases spreading rapidly through nursing homes, such as the Life Care Center in Kirkland, Washington. The New York Times reported two thirds of residents, 55 employees, and 14 visitors have tested positive for COVID-19. Thirty five people have died, claiming 12 percent of staff and residents lives. These death totals make up nearly half of the coronavirus death toll in Washington. These numbers are expected to increase as tests become more available.

The Life Care Center stated, “Current residents and associates are being monitored closely, specifically for an elevated temperature, cough and/or shortness of breath.”

It’s not clear how the virus reached the facility; however, according to the New York Times the first reported case of coronavirus in the United States was from a man in nearby Snohomish County.

Officials of the Life Care Center, which operates more than 200 facilities in 28 states, are monitoring residents and workers closely.

The Outbreak Continues to Spread

Other than the outbreak in Kirkland, at least 15 others have died and dozens more have been infected at long-term care facilities across the nation. Major outbreaks include Willowbrook, Illinois with 46 infections, four deaths in at least two facilities in New Jersey, 13 infected in Little Rock Arkansas, and 11 infected in Troy, Ohio, with at least 30 more showing symptoms.

“Nursing homes would always have been ground zero, but given we already have a huge staff shortage, this will be magnified,” said, David Grabowski, a Harvard Medical School professor who has studied staffing storages in nursing homes. “It could be worse for today’s nursing home facilities than ever.”

The spread of COVID-19 in a nursing home can amplify when patients are transferred and when staff and visitors come and go. The CDC has said visitors and healthcare personnel are the most likely sources of introduction into long-term care facilities. In a recent report by CDC, the agency went on to say, “Limitations in effective infection control and prevention and staff members working in multiple facilities,” can contribute to an outbreak.

How to Keep Residents Safe

The CDC has made additional recommendations for nursing homes as they work to keep residents safe, including:

Nursing homes should put alcohol-based hand sanitizer with 60-95 percent alcohol in every resident room – both inside and outside the room if possible – and in every common area
Sinks should be well-stocked with soap and paper towels for hand washing
Tissues and facemasks must be available for people who are coughing
Hospital grade disinfectants must be available to allow for frequent cleaning of high-touch surfaces and shared resident equipment

More information on a full list of CDC’s guidance for nursing homes safety can be found here.

Counties in Illinois with Confirmed COVID-19 Cases:

Adams
Christian
Champaign
Clinton
Cook
Cumberland
DeKalb
DuPage
Kane
Kankakee
Kendall
Lake
LaSalle
Madison
McHenry
McLean
Peoria
Sangamon
St. Clair
Washington
Whiteside
Will
Williamson
Winnebago
Woodford

Any nursing home with residents suspected of having COVID-19 should contact their local health department immediately. To remain updated on long-term care and nursing home updates, please visit the CMS website.

Negligence Related to Coronavirus

If a loved one has sustained a serious infectious disease complication or missed a medical treatment provided by a nursing home or the understaffing in facility, we can help you. Please reach out to Dinizulu Law Group, a Chicago-based law firm with extensive experience in nursing home negligence. For a free consultation, please call (312) 384-1920.

Nursing Homes Ban Visitors due to Coronavirus

March 12, 2020/in Blog/by Yao Dinizulu

Nursing Homes Ban Visitors due to Coronavirus

CHICAGO, IL – Nursing homes have become islands of isolation amid the shocking morality rate of coronavirus. Nursing homes nationwide have become concerned about outside visitors visiting residents which has led to the barring of all visitors – adult children can talk to their parents through a glass door just as jailhouse visitors due.

As of Wednesday, there are more than 1,311 cases confirmed in the U.S., according to state and local health agencies, governments, and the Center for Disease Control and Prevention (CDC).

Nursing homes are locking down in hopes to protect some of the nation’s most vulnerable residents from being affected by the coronavirus. Thousands of nursing homes and assisted living facilities across the country are taking extra precautions. Many families are debating whether to move their loved ones out of these facilities all together and care for them at home.

On Tuesday, industry leaders recommended curtailing visits, calling this challenge “one of the most significant, if not the most significant” issues the industry has ever faced, according to the American Association of Retired Persons (AARP).

The highly contagious disease puts the elderly and those who suffer from underlying health conditions such as respiratory distress at high risk, alarming businesses, schools, and health agencies. Guidance from the Centers for Medicare & Medicaid Services (CMS), the American Health Care Association (AHCA), and the Illinois Department of Health (IDPH), and the Illinois Health Care Association is rapidly increasing for these facilities.

Hospital Policies and Procedures for COVID-19

Because of ease of spread in a long-term care setting and the severity of illness that occurs in residents with COVID-19, facilities are discouraging visitation and have the ability to screen visitors before COVID-19 is identified in their community.

Facilities are responsible for sending letters or emails to resident’s family members, advising them to consider postponing

Who is at Higher Risk?

From earlier information gathering from China where COVID-19 originated from, those who are higher risk of getting sick from this illness includes:

Older adults
People who suffer from serious chronic medical conditions, such as:
- Heart disease
- Diabetes
- Lung disease

Depending on how severe the outbreak is in your community, public health officials will make recommendations to the community to reduce the public’s risk of being exposed to COVID-19. These actions can stunt or reduce the impact of spreading the disease.

If you are at a high risk because of your age or serious long-term health problem, it’s crucial to take extra precautions to reduce your risk of getting sick.

How to Prepare for COVID-19 Now

According to the CDC, there are several ways you can make yourself prepared in case of an outbreak in your community.

Have supplies on hand
- Contact your health provider to ask about obtaining extra necessary medications to have on hand in case of an outbreak in your community in the event that you need to stay at home for an extended period of time.
- If you’re unable to get extra medication, consider using mail-orders.
- Ensure that you have extra over-the-medicine and medical supplies such as tissues, thermometers, etc. to treat fevers and other symptoms. Most people will recover at home.
- Have enough household items and groceries to be prepared for staying at home for a period of time.
Take precaution
- Avoid close contact with anyone who is sick.
- Take preventable action:
  - Wash your hands often using soap and water for at least 20 seconds. This is critical, especially after blowing your nose, sneezing or coughing in a public place.
  - If soap and water is unavailable, use hand sanitizer.
  - Avoid touching surfaces in public places – elevator buttons, door handles, handrails, and shaking hands with others.
  - Wash your hands immediately after touching a surface in public.
  - Practice routine cleaning of frequently touched surfaces, such as tables, doorknobs, light switches, handles, desks, and toilets.
  - Avoid large crowds, especially in poorly ventilated spaces. Your risk of exposure can increase substantially in a crowded area, especially those with little to no air-movement, increasing your chance of contracting COVID-19.
  - Avoid all non-essential travel including traveling by plane or embarking on a cruise ships.
- If there is an outbreak of COVID-19 in your community, it’s important to take extra measures to distance yourself from others to reduce your risk of being exposed to this virus.
  - Stay at home as much as possible.
    - Consider ways of food being delivered to your house, through the use of family, or social and commercial networks.

Watch for Symptoms and Emergency Warning Signs

It’s important to pay attention to warning signs of potential COVID-19 symptoms including fever, cough, and shortness of breath. If you feel like you are developing symptoms, call your physician immediately.
If you develop emergency warning signs for COVID-19, please seek medical attention immediately. Adult emergency warning signs include:
- Difficulty breathing or a shortness of breath
- Persistent pain or pressure in the chest
- New confusion
- Bluish-tinted lips or face

It’s important to note that these are not all warning symptoms of COVID-19. Please consult a medical provider for other symptoms that are severe or concerning.

What to Do if You Get Sick

Stay at home and call your healthcare provider.
Call your healthcare provider and let them know the symptoms you are experiencing. This will help them take care of you and keep others from getting infected or exposed.
If you are not sick enough to be hospitalized, you are able to recover from home.
Know when to get emergency help.
Get medical attention immediately if you have any of the warning signs listed.

How to Support Older Adults

Community Support

Communities should prepare for an outbreak of COVID-19 that include older adults and people with disabilities, and the organizations that support them, to ensure their needs are being taken into consideration. Many individuals in the community depend on services and support in their homes or in the community to maintain their independence and health. Long-term care facilities should be vigilant to prevent the introduction or spread of COVID-19.

Family and Caregiver Support

Know what medications your loved one is taking and make sure to have extra on hand. Monitor food and other medical supplies, such as oxygen, dialysis, wound care, etc. and always be sure to have a back-up plan. Stock up on non-perishable food items to minimize your number of trips to the store. If you care for a loved one living in a care facility, monitor the situation, ask about the health of other residents and know the protocol in the event there is an outbreak.

For more information on how to protect your loved one who is in a long-term care facility or assisted living facility, please visit CDC’s website on ways to take more precaution. If your loved one has sustained a serious infectious disease complication resulting from negligent or missed medical treatment provided by a nursing home or due to a low level of staff care, they may be entitled to compensation. Please reach out to Dinizulu Law group now for a free consultation at (312) 384-1920.

Surgery is the 2nd Most Common Reason for Medical Malpractice Claims

March 9, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – According to a new report from medical liability insurer Coverys, surgery is the second most common cause for medial malpractice claims against doctors. Surgery not only puts the patient at risk, but it also poses a risk to doctors in terms of medical malpractice claims.

Coverys analyzed closed medical malpractice claims from 2014 to 2018 and found surgery-related claims accounted for nearly 25 percent of cases. Diagnosis-related claims accounted for 32 percent, which resulted in more malpractice cases.

Surgeons are a Major Factor in Malpractice Claims

The majority of malpractice claims showed 78 percent, or 2,579 surgery-related claims due to practitioner performance during surgery. All phases of the surgical process, including the care and decision making leading up to and following the surgery, can lead to a malpractice case, according to the report.

Top claims included general surgery (22 percent), orthopedic surgery (17 percent) and neurosurgery (8 percent), making up nearly the 50 percent threshold of surgery-related claims.

29 percent of injuries sustained from surgery were considered “permanent significant,” and 9 percent resulted in a patient’s death. Nearly 39 percent of claims alleged a lack of technical skill of the surgeon; furthermore, 27 percent allege a failure in clinical judgement and/or communication.

Before a surgery begins, physicians have the responsibility to ensure a patient’s participation and understanding of shared decision making. Surgeons are required to document informed content discussions in medical records; however, some physicians require to meet this standard.

Surgeons and insurance companies want to prevent medical malpractice claims because it will cost money, do damage to their reputation, and cause harm to a patient. These concerns are minor compared to the burden a patient must bear after suffering an injury during surgery.

Preventing Surgery Related Malpractice Claims

Coverys offers recommendations to healthcare systems and how they can improve outcomes that prevent surgical mistakes that can be catastrophic, and in some instances, deadly, including:

Physicians should work with patients to develop an understanding of why certain decisions are made by medical professionals and risks involved in certain decisions and procedures.
Surgeons should document informed consent with patients in their medical records. The patients response and any questions should also be included.
Operating rooms should be distraction-free including limited conversation, turning cell phone ringers off, no music, and banning visitors or observers while a procedure is taking place.
Hospitals should adopt similar guidelines to the aviation industry that mandates pilots that pilots cannot perform non-essential duties during high-risk activities.

There is a predominant issue in the medical field that involves distractions in operating rooms, which could furthermore lead to a surgical mistakes or death.

Are You a Victim of a Surgical Error?

There is no doubt that any surgery comes with risks; however, the risks should not include carelessness, distraction, or negligence. Many surgical errors are preventable, but hospitals and doctors must do everything they can to eliminate distractions and communicate to the best of their ability.

Failure to adhere to the standard of care is a violation of your rights of a patient. If you suffer from harm as a result of medical malpractice, you should contact an attorney immediately about your rights and options to pursue compensation. At Dinizulu Law Group, we work regularly with clients who have had to endure pain and suffering and catastrophic injuries due to a surgeon or hospital error. We help victims who are suffering from the negligent behavior of nurses, doctors, surgeons, and hospital healthcare systems.

If you have concerns regarding the care you received or the outcome of a surgical procedure, we can help. At Dinizulu Law group, our team of legal and medical professionals will review your situation and help determine if you have a medical malpractice claim. To get started, request a free consultation by calling us at (312) 384-1920.

Vanessa Bryant Files Wrongful Death Lawsuit

March 4, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – Attorneys for Vanessa Bryant have filed a wrongful death lawsuit against Island Express Helicopters Inc., the company that operated the helicopter, that killed her husband Kobe Bryant, daughter Gianna Bryant, and seven others. The lawsuit was announced the same day that thousands crowded Los Angeles’s Staple Center to honor the lives of the victims.

The complaint was filed February 24, the same day as the memorial for Kobe and Gianna Bryant. The complaint was filed in Los Angeles County Superior Court against Island Express Helicopters and Island Express Holding Corp. alleging Ara Zobayan, the pilot, failed “to use ordinary care in piloting the subject aircraft” and was negligent in eight ways, including failing to properly assess the weather, flying into conditions he wasn’t cleared for and failing to control the helicopter. The 27-count complaint names Zobayan’s estate as a defendant, seeking compensatory and punitive damages.

“Defendant Island Express Helicopters authorized, directed and/or permitted a flight with full knowledge that the subject helicopter was flying into unsafe weather conditions,” the lawsuit states.

Zobayan was cited by the Federal Aviation Administration in 2015 for violating the visual flight rules, that required him to see where he was going, when flying into reduced visibility airspace.

Kobe Bryant died “as a direct result of the negligent conduct of Zobayan for which the company is vicariously liable in all aspects,” according to the complaint.

The 1991 Sikorsky S-76B crashed into a hillside in Calabasas while traveling to a youth basketball game at Kobe Bryan’t Mamba Sports Academy in Thousand Oaks. All nine aboard the helicopter died.

A preliminary report from the National Transportation Safety Board found no engine or mechanical failure; however, the agency’s probe of the crash is ongoing.

Boeing Indefinitely Suspends All Production of 737 Max

December 17, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Boeing made an announcement on Monday shocked the aviation industry when stating all 737 jets will be grounded in January. This is a drastic step after the Federal Aviation Administration (FAA) said its review of planes would continue into 2020.

Until now, Boeing has continued to produce 737 jets at a rate of 42 per month and purchasing parts from suppliers at a rate of 52 units per month, though deliveries are frozen until regulators approve the aircraft to fly commercially again (CNBC). The grounding of 737 jets will have an effect throughout the aerospace’s supply chain and broader economy. Further problems for airlines may continue, as hundreds of millions of dollars and thousands of flights are canceled.

The 737 Max has been grounded since March after two fatal crashes in Indonesia and Ethiopia killed all 346 on board both flights within a five-month period. Grounding the 737 Max’s has cost the plane manufacturer more than $9 billion so far. Boeing acknowledged the regulators’ review of the planes although it is lasting longer than the end-of-year approval the Chicago-based manufacturer was targeting.

On both deadly flights, a fault sensor caused MCAS to push the plane’s nose down, and pilots were unable to control the plane. Boeing has noted they are now making the nose-down less frequent and powerful by adding redundancy to tie it to two sensors and two computers.

Rep. Peter DeFazio, the chairman of the House of Transportation Committee, said, “This will be the most thoroughly scrutinized fix in the history of the aviation industry.”

“We know that the process of approving the 737 Max’s return to service, and of determining appropriate training requirements, must be extraordinarily thorough and robust, to ensure that our regulators, customers, and the flying public have confidence in the 737 Max updates,” Boeing said in a statement. “The FAA and global regulatory authorities determine the timeline for certification and return to service. We remain fully committed to supporting this process.”

In March, nearly 400 Max planes were in global fleet when regulators grounded the planes. Boeing has continued to produce more than 400 more jetliners, which are currently parked at its facilities in Washington and elsewhere. Going on the 10^th month of being grounded, planes have been paused from being delivered to customers, and Boeing said halting production all together would help deliver the stores planes when the grounding is lifted.

It’s unclear when the 737 Max production line will be cleared by regulators to fly again. U.S. airlines have taken the planes out of their schedules until at least March. American Airlines stated they don’t expect to fly the planes before April. Southwest Airlines has extended cancelations from the grounding until April 14, 2020.

Analysts highlight Safran SA and Senior Pic as other suppliers that could experience disruption impacts. Smaller suppliers with smaller cash cushions are more vulnerable to the product pause. Southwest Airlines, the largest 737 Max customer, said last week they had reached a confidential compensation agreement with Boeing for a proportion of a projected $830 million hit to operating income in 2019 from the grounding. According to Boeing, there are no layoffs or furlough expected at this time.

Victims of the deadly crashes were from more than 35 countries aboard Lion Air Flight 610 and Ethiopian Airlines Flight 302. The Dinizulu Law Group offers our deepest condolences to all that were affected by the crashes. The Dinizulu Law Group is located in Chicago, IL where Boeing is currently facing litigation for families affected.

The laws that govern the sky can be complex, which is why it takes a seasoned legal team to successfully represent victims of aviation accidents. It’s important to hire an attorney who has the trial experience and legal resources to tackle the detail-oriented litigation required in cases against airline companies. If you need legal advice related to the loss of a loved one from an aviation accident, our personal injury attorneys can give you answers in a free consultation. To schedule an appointment, please call our office at (312) 384-1920. For additional information, please refer to our website.

Better Oversight in Needed in Nursing Homes to Protect Residents

December 16, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – The Centers for Medicare and Medicaid Services (CMS) is responsible for ensuring nursing homes nationwide meet the federal quality standard of care, including residents be free from abuse. CMS has a contract with state agencies that allow citations on nursing homes for any incidents of abuse.

What GAO Found

In June 2019, the U.S. Government Accountability Office (GAO) report found that from 2013 to 2017, nursing home abuse citations more than doubled, increasing from 430 reports in 2013 to 875 in 2017 and the largest increase in severe cases. There are gaps in the oversight that make it difficult to protect residents from the abuse occurring within nursing home facilities.

Specifically, the main concerns by GAO include:

Information on abuse and perpetrator types is not readily available. CMS’s database does not allow the type of abuse or perpetrator to be identified by the agency. Specifically, CMS does not require state agencies to record abuse or perpetrator type, and even when recorded, it cannot be easily analyzed by CMS. GAO suggested that CMS require state agencies to submit data on abuse, perpetrator types, and HHS concurred.
Facility reported incidents lack key information. Federal law requires nursing homes to self-report allegations of abuse and covered individuals to report reasonable suspicions of crimes against residents. CMS has not provided any guidance to nursing homes on what information should be included in facility-reported incidents, which contributes a lack of information to state agencies and delays in on-going investigations.
Gaps exist in the CMS process for state agency referrals to law enforcement. There are gaps in CMS’s process for reporting incidents to law enforcement officials. These gaps may limit or delay CMS’s ability to ensure that nursing homes meet federal requirements to ensure residents are free from abuse. GAO identified issues relating to:
1. Referring abuse to law enforcement in a timely manner,
2. Tracking abuse referrals,
3. Defining what it means to substantiate an allegation of abuse,
4. And sharing information with law enforcement.

Recommendations by GAO for Executive Action

The administrator of CMS should require that abuse and perpetrator type be submitted in CMS’s databases for deficiency, complaint, and facility-reported incident data where CMS can systematically assess trends in these data.
The administrator of CMS should develop and guide – using a standardized form – to all state agencies on the information nursing homes and covered individuals should include on facility-reported incidents.
The administrator of CMS should require state agencies to immediately refer complaints to law enforcement if they have reasonable suspicion that a crime against a resident has been committed when the complaint was received.
The administrator of CMS should conduct oversight of state agencies to ensure referrals of complaints, survey’s, and incidents within a reasonable suspicion be referred to law enforcement in a timely manner.
The administrator of CMS should develop guidance for state agencies clarifying allegations verified by evidence should be substantiated and reported to law enforcement and state registries in cases where federal deficiency may not be appropriate.
The administrator of CMS should provide guidance on what information needs to be contained in the referral of abuse allegations to law enforcement.

Why GAO Conducted this Study

Nationwide, nearly 1.4 million elderly or disabled individuals receive care in more than 15,500 nursing homes. CMS, an agency within the Department of Health and Human Services (HHS), defines the standards nursing homes must meet to participate in the Medicare and Medicaid program.

Often times, nursing home residents have physical or cognitive limitations that can leave them vulnerable to abuse. Abuse of nursing home residents can occur in many forms – including physical, mental, verbal, and sexual – and can be committed by staff, residents, or others in the nursing home. Any incident of abuse is serious and can result in potentially devastating consequences for residents such as mental anguish, serious injury, and even death.

What to do if You Suspect Abuse

You should contact an attorney immediately who is knowledgeable and experienced in nursing home abuse to ensure your loved one’s rights are fully protected. A lawyer may serve as the liaison between your family, the nursing home, and IDPH during the investigation, or can conduct an independent investigation.

An attorney will help assess your options to seek relief through a lawsuit, which can include compensation for any physical, emotional, or financial harm your loved one has endured.

To schedule a free consultation, please contact our office at (312) 384-1920 or (800) 693-1LAW. Please visit our website for any additional information including previous verdicts and settlements.