Blog | Dinizulu Law Group, Ltd

How do I report nursing home abuse in Illinois?

December 3, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Making the decision to place a loved one in a nursing home facility can be very stressful for the person, as well as the family. You can do all the research for your loved one and where you think may be best suited for their needs. You can even talk to the facility, staff members, and tour the facility to make sure it is their best option.

But even then, the facility may not turn out to be as great as you thought it was. What if you visit your loved one, and notice something may be off? Nursing home abuse is more common than you think, and often is not reported. You may be confused and not know what’s going on, and sometimes your loved one can’t verbalized what they’re experiencing. According to the Nursing Home Abuse Center, these are the steps you should take if you suspect your loved one is being abused:

Evaluate the situation

Before reporting abuse, you should assess why you want to report suspected abuse or neglect. It’s a good idea to write a summary of what has happened so you don’t miss anything when reporting a nursing home facility. Some questions to ask yourself include:

Did my loved one complain about treatment that he or she is receiving in the nursing home? Have other residents voiced similar complaints?
Have I seen signs of abuse and neglect such as bed sores, cuts, or bruises?
Did I personally witness abuse or neglect of my loved one?
Who has inflicted the harm my loved one has suffered?
When did the harm occur?

The more you understand your concerns, the better you will be able to communicate these concerns to authorities. Please assess whether your loved one may be facing immediate harm. If so, you should take steps to immediately remove him or her from the facility.

File a complaint with local Illinois Long-Term Care Ombudsman or Senior Helpline

Once you understand the situation at hand, contact your local Illinois Long-Term Ombudsman Program. This program provides nursing home residents with their own advocates that will help them with any complaints they may have, as well as enhance their overall quality of life. This program is normally free of charge. The Ombudsmen are able to:

Listen to the concerns of the patient and their family members
Inform residents of their rights and possible legal action
Provide information on different nursing home options
Work with the current nursing home staff to make changes
Get law enforcement involved, if necessary.

You can find contact information for your local Ombudsman by visiting the Department of Aging website, or by calling the toll-free number (866) 800-1409 or (888) 206-1327 (TTY).

The Ombudsman may attempt to work directly with the nursing home facility to address the issue raised by your complaint. If that doesn’t resolve the issue, the Ombudsman will assist you in a complaint with the Illinois Department of Public Health (IDPH).

You can also report suspected abuse or neglect by contacting the Senior HelpLine. The Senior HelpLine is available Monday through Friday from 8:30 a.m. to 5 p.m. You can call their toll-free number at (800) 252-8966 or (888) 206-1327 (TTY) or by e-mail at aging.ilsenior@illinois.gov.

File a complaint with IDPH

The next step is to file a complaint with the IDPH. You can download the IDPH Complaint Form and send it to IDPH by fax or mail, or you can use the form to guide you if you’d like to report by phone.

Be prepared to answer the following questions:

Who was the resident that was abused or neglected? Be prepared to give the name and age of your loved one. Please provide the names of staff members or administrators you believe to be involved.
What happened to the nursing home resident? Be prepared to describe specific acts of abuse or neglect that you believe to have occurred. For example, was your loved one assaulted by a staff member? Are staff members administering medications without authorization? Have you found bedsores on your loved one from nursing home staff failing to re-position them?
When did the abuse or neglect occur? Provide specific dates or time periods in which the abuse or neglect occurred.
Where is the facility located? You will need to provide the name of the nursing home and where the facility is located. You can verify this information by visiting the IDPH’s nursing home directory. Please provide the room number and floor number the mistreatment occurred on.
How was the resident harmed or potentially harmed? Keeping a journal to note the harm your loved one has endured is important so you are able to relay this information to IDPH and potentially the authorities. Being able to describe specific instances of harm your loved one has experienced is critical.

You can contact IDPH at:

Phone: (800) 252-4343 or (800) 547-0466 (TTY)
The hotline is open from Monday through Friday 8:30 a.m. to 4:30 p.m.

Fax: (217) 525-8885

Mail: Illinois Department of Public Health
Office of Health Care Regulation
525 W. Jefferson Street, Ground Floor
Springfield, IL 62761-0001

If you would prefer to stay anonymous, you can do so; however, if you would like to receive a written confirmation that your complaint has been received and to be informed of the results of IDPH’s investigation, you must give your name, address, and phone number. IDPH will not reveal your identity as the one who filed the complaint unless:

You give written permission.
Your identity is essential to the investigation.
A court case is filed by IDPH against the nursing home.

It’s important to know the facility cannot retaliate against your loved one which includes harassment, discharge or transferring the resident, simply because you filed a complaint. The IDPH is legally obligated to investigate your complaint. If you report abuse or neglect, IDPH must complete an investigation within seven days. All other investigations must be completed within 30 days.

Keep an eye out

Although you reported abuse or neglect, it’s important to still keep an eye out for your loved one until the issue is resolved. Whenever your visit your loved one, make sure to take a look around and check for anything that may be out of order. It’s also important to make sure your loved one is happy and healthy. If you ever find yourself suspecting abuse occurring in your loved ones facility, report it immediately. Time is crucial, especially in a circumstance like this.

Contact a lawyer

It’s important to contact an experienced and knowledgeable nursing home abuse lawyer to ensure your loved ones rights are fully protected. A lawyer can serve as a liaison between your family, the nursing home, and IDPH during the investigation, or can conduct an independent investigation.

A lawyer will help your assess your options for seeking relief through a lawsuit which can include compensation for any physical, emotional, or financial harm your loved one has endured.

To schedule a free, no obligation consultation, you can contact our office at (312) 384-1920 or (800) 693-1LAW (toll-free). Please visit our website for any additional information including verdicts and settlements.

5 Tips for Sharing the Road with Semi-Trucks

November 26, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – An auto accident involving a semi-truck and any vehicle can cause victims to suffer from serious injuries, and even fatal. For this reason, it’s important to know how to drive safely around a semi-truck or any large commercial vehicle, especially those that are carrying cargo.

The Dinizulu Law Group has come up with several strategies for you to use to help reduce your risk of becoming involved in an accident with a commercial vehicle, including:

Stay Focused

You should be focused at all times on the roadway while driving. This includes avoiding any distractions such as your cell phone, GPS devices, adjusting vehicle features, or any other distractions while operating a motor vehicle.

By remaining focused on the roadway, you’re more attentive to the cars surrounding you, such as a semi-truck. By engaging in distractions while driving, you put yourself and others at risk, and significantly reduce your ability to react to unexpected hazards such as a semi-truck losing control from a blown tire.

Keep A Safe Following Distance

Maintain a safe driving distance between your vehicle and a semi-truck at all times. It takes much longer for a semi-truck to stop than what it takes for a passenger car. Large trucks need more space than a passenger vehicle to safety maneuver the roadway.

By maintaining a safe distance, it allows you to have more time to respond to dangerous situations. For example, trucks require a much longer distance to come to a complete stop. By following too closely, you may increase the cause of a serious accident. A proper following distance is at least a four-second space between your vehicle and a semi-truck.

Pass the Truck Safely

When passing around a semi-truck, you should always do so in a cautious and safe manner. Do not recklessly or carelessly overtake the larger vehicle’s position on the roadway, or especially a highway.

Always make sure you can see the driver of the semi-truck in their mirror – if you can’t see them, they can’t see you. Use your turn signal to alert the driver and others on the roadway that you intend to change lanes.

When passing a truck, attempt to quickly pass them to minimize the amount of time you spend in the truck drivers blind spot. Make sure the semi-truck is visible in your rear-view mirror before pulling in front of it.

Watch for Blind Spots

Semi-trucks and large commercial vehicles have blind spots that make it difficult for the driver to see vehicles that are approaching. To avoid spots where truck drivers may have trouble seeing you, watch out for the following areas:

Up to 20 feet directly in front of the truck
Up to 30 feet directly behind the vehicle
In the left lane between the front and half of the trailer’s length
In two right lanes of the vehicle, between the front and half of the semi-trucks length

Anticipate Wide Turns

Avoid driving near a semi-truck while it is making a wide turn. Many semi-trucks have a wide-turning radius which reduces the amount of time you have to stop if the truck is taking up a majority of the roadway.

If you’re driving near a semi-truck attempting to turn, do not try to pass on the same side that the truck is turning. Please allow plenty of space between your vehicle and a truck while the truck is making a turn and avoid being in its path.

Contact an Attorney After an Accident

By taking these precautions while driving around semi-trucks, you may be able to significantly reduce your risk of becoming involved in a truck accident. If you are injured in a collision caused by a semi-truck, don’t hesitate to contact a lawyer to discuss filing a personal injury claim.

Dinizulu Law Group’s trusted personal injury lawyers in Chicago have helped many accident victims obtain justice and the compensation they deserve after suffering an injury, and even fatalities, due to another’s negligence. They will carefully review the circumstances of your accident and help determine if you may be owed compensation from the truck company or truck driver.

We work on a contingency fee basis, which means you only have to pay us if we recover compensation for your claim. Please call our office at (312) 382-1920 for a free, no obligation consultation to find out if you have a case.

The Severity of Medication Errors

November 20, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Medication errors are one of the most prevalent problems in the healthcare industry. Experts estimate that more than 7 million Americans experience a medication error each year. In the study, it stated mistakes have cost more than $21 billion – which are all preventable. Some individuals are able to handle the unintentional consequences of improper medication administration, but for seniors and young children, this can be life threatening.

Medication errors are particularly found in nursing homes due to under-staffing. Many say that errors are common and not life-threatening; however, there are errors that are likely to be under-reported which the medical coding system makes easy to cover up error-related deaths. The Centers for Disease Control and Prevention (CDC) argues medication errors are the third most common cause of death among nursing home patients.

So what does this say about nursing homes? Extensive investigations have taken place and research has shown as many as 95 percent of nursing homes in the United States are understaffed, causing neglect to most patients. Nursing home staff is expected to work longer hours and care for double, or even triple, the amount of residents they are normally expected to care for.

Types of Errors

The Nursing Home Law Center requires skilled nursing facilities to keep errors within a 5 percent margin. Although this margin is broadly defined, it includes errors such as not mixing medication as directed, giving medications at improper times, or not dosing the last small portion of medication.

Errors within this 5 percent margin do not impact licensing because these types of administration errors are likely to be made at home when self-administering, as well. More serious errors can lead to tremor, coma, or even death – resulting in legal action against nursing facilities.

Prevention Process

Nursing homes must begin to increase staffing levels exponentially and invest in better prevention practices to help prevent nursing home abuse. Nursing facilities are chronically understaffed due to the notorious low-paid and poor management resulting in high turnover rates. High turnover rates cause staff to be unfamiliar with patients needs and care regiments, and are more likely to make mistakes.

Nursing homes need to implement a medication reconciliation program that evaluates a complete list of medications used by each patient. These programs are critical as many patients will not be able to independently which is used to verify their course of treatment.

Finally, nursing homes need to minimize high-risk behaviors, such as disposing of discontinued medications or medications from discharged patients, improperly transporting medications, or administering medications without a full review of the label directions.

As a society, we must come together to protect nursing home residents who are some of the most vulnerable members of our society. They deserve to be treated fairly and just with careful and appropriate treatment. This is critical on management as they will need to be client-focused and to implement changes immediately by taking responsibilities more serious.

The Alarming Reality

For one family, their loss of a loved one was tragic and very much preventable. A recently widowed 71-year-old female was hospitalized for uncontrolled hypertension and acute kidney injury. Her past medical history was significant for coronary heart disease with hypertension, persevered ejection fraction, and type 2 diabetes. The patient had a history of being a cigarette smoker and was under significant stress due to the death of her husband.

During her stay of hospitalization, she clinically improved after receiving temporary hemodialysis and her anti-hypertensive medications were adjusted. At the time of discharge, her prescription medications included amlodipine (Norvasc) 10mg twice daily with two refills allowed, metoprolol 50mg twice daily, doxazosin 2mg daily, and torsemide 10mg daily.

Over the course of 3 months, she experienced worsening fatigue, personality changes, became lethargic, and slower movements – all of which was noted in medical records. Her blood pressure was no longer controlled, and she was re-hospitalized for chest pain and underwent angioplasty. When admitted to the hospital, she saw multiple specialists and ancillary staff. As an outpatient, she was seen by her family physician twice. After several weeks had passed, she was eventually diagnosed with anxiety and depression, and prescribed citalopram and alprazolam.

The patient then entered the emergency room for a third time after a fall. She demonstrated several side effects of the multiple medications she was prescribed to take. Lab work was conducted and was noted for elevated creatinine and a CT of the head and brain revealed no acute abnormalities. Admission medication reconciliation (MED REC) revealed she was taking metoprolol, doxazosin, alprazolam, citalopram, and thiothixene (Navane) 10 mg twice daily.

Upon review of her pill bottles, it was found that her outpatient pharmacy accidentally dispensed Navane, an anti-psychotic, instead of Norvasc, and she took this medication religiously for 3 months. A diagnosis of thiothixene-related drug-induced Parkinsonism was made.

Errors were made at a multitude of care levels, including prescribing, initial pharmacy dispensation hospitalization, and subsequent outpatient follow-up. Adverse drug events account for more than 3.5 million physician office visits and nearly 1 million emergency department visits per year that affects patients, providers, and the economy.

Despite the countless opportunities for intervention, multiple health care providers overlooked her symptoms. Our population is continually growing with a longer life-expectancy, the frequent occurrence of medication errors and polypharamacy will likely increase. Efforts must be made to improve overall physician communication and transition of care to decrease preventable errors.

What to do if Your Loved One has been Neglected or Abused in a Nursing Home

It’s important to reach out to an experienced nursing home abuse attorney immediately to begin reviewing the facts of your case. In the case discussed, the woman is entitled to legal action against the hospital, providers, and specific staff members who neglected her, among others. Due to the statue of limitations, an attorney must begin to work on your case immediately.

Do not wait to hear what the facility is going to do going forward to address this issue – contact an attorney right away. The attorney’s at Dinizulu Law Group specialize in nursing home abuse and neglect and use their experience with a dynamic and honest approach so appropriate parties are held accountable for the abuse your loved one has endured. Please call our office to schedule a free consultation. For additional information, please visit our website.

Contact Information:

(312) 384-1920

221 N. LaSalle St., Suite 1100
Chicago, IL 60601

Reasons Why Trucking Accidents Occur

November 5, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – There are many factors that contribute to car and trucking accidents, such as weather, equipment failure, poor vehicle maintenance, among other factors. Many car accidents that involve semi’s or tractor trailers occur for the following reasons:

Rollovers are the most common type of trucking accident. Rollers occur when a driver loses control of his truck and begins to slide sideways, in which any obstruction can cause a rollover such as a curb, guardrail, uneven ground, or another car. Trucks that make too sharp of turns also run the risk of rolling over. The severity of truck rollovers are high, and have high fatality rates.
Malfunctioning brakes or an error in a trucks braking system can result in catastrophic or fatal crashes. Most trucks have air brakes which are designed to stop a truck in roughly 100 feet when traveling at a speed of 34-40 mph. When a malfunction or error in the brake system occurs, it can become a very dangerous scenario for all drivers on the road. Even when pumping the breaks, it’s important to remember these 80,000 pound vehicles can be deadly.
Tire blowouts are also a common cause of trucking accidents, as the wear and tear on these vehicles is extremely high from the long distances traveled. The truck’s load and the distance traveled will have an effect on the tires.
Overloaded cargo is a result of a truck that has been loaded with over-capacity weight. Truck drivers are expected to meet very tight deadlines, and may push this by over-loading their truck with material meant for multiple drives. When trucks overload cargo, the weight begins to be too heavy to manage, which can result in an accident.
Falling debris occurs when trucks are loaded improperly, which can cause cargo to be lost during transit, which can cause an accident. Trucks are responsible for loading and securing cargo properly so that nothing falls on the highway.
Blind spots can cause accidents, as truck drivers have many. If you’re unable to see the truck driver in the side mirror, they cannot see you – whether you’re on the right or left side of the truck. Do not follow too close to a truck, as this is also a blind spot.
Swinging turns is when a truck causes a collision while turning. Swinging turn accidents can happen when a truck swings left to make a right turn, when a truck makes too wide of a turn, or squeezing cars beside the truck by not turning wide enough.

If you’re involved in a truck accident in Illinois:

For drivers who are involved in a collision with a truck, or caused by a truck, you should first determine if anyone at the scene needs to seek medical attention. Truck accidents are normally very serious, and the appropriate medical attention should be provided to all necessary parties.

Avoid talking to a truck company without the presence of an experienced Illinois truck accident attorney. More than likely, the truck company will try to negotiate a settlement; however, without a knowledgeable attorney, you could be cheated out of the full cost for your injuries, damage, and compensation for lost wages.

At Dinizulu Law Group, Ltd., we understand how trucking companies and their insurance providers operate, and we refuse to settle for any offer that is unjust. Our attorney’s have represented and fought for the rights of our clients that have been affected by a trucking accident, who will use their experience to win your case.

Contact a Chicago- based truck accident attorney today for a free consultation at (312) 384-1920.

Address:
221 N. LaSalle St., Suite 1100
Chicago, IL 60601

Boeing CEO prepared to speak to Congress on mistakes of Max jets on anniversary of Flight 610 Crash

October 29, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – The CEO of Boeing plans to speak to Congress today, marking the anniversary of first of two deadly crashes involving Boeing’s 737 Max jets. The CEO plans to address the issues and mistakes Boeing has made and what they are going to do to resolve these issues.

“We have learned and are still learning,” Dennis Muilenburg said. “We know we made mistakes and got some things wrong. We own that and are fixing them.”

Muilenburg is scheduled to testify on Tuesday before the Senate Commerce Committee and on Wednesday before the House Transportation Committee. Both committees have investigated the Boeing crashes, in addition to being sued by some of the families of the 346 who died from the Max jets off the coast of Indonesia on October 29, 2018 and in Ethiopia on March 10, 2019.

In a final report, Indonesian investigators stated to the Associated Press that Boeing’s design of the flight-control system “made the plane vulnerable if a single sensor failed, disregarding the aviation industry’s long reliance on redundant systems to prevent disaster.” Lion Air, the operator of the plane, and U.S. regulators who approved the Max jets for flight are also at fault.

Many pilots were not made aware of the flight-control system, called MCAS, until after Lion Air crash. Rep. Peter DeFazio, chairman of the House Transportation Committee, plans to ask why Boeing didn’t inform the Federal Aviation Administration about changes in the development that made the MCAS of the Max more powerful.

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.

“This will be the most thoroughly scrutinized fix in the history of the aviation industry,” DeFazio said.

Boeing currently conducts safety reviews, which many relatives of the deceased victims want Boeing banned from conducting and leave it up to the FAA inspectors. This would require a major increase in the FAA’s budget. According to DeFazio, there’s roughly 45 FAA inspectors that oversee 1,200 Boeing employees who conduct much of the testing.

Michael Stumo, father of Samya who was on the Ethiopian Airline Max, said, “We don’t think Muilenburg should be CEO anymore. He… minimized it, trying to convince everyone it was a pilot error, everything was fine, it’s a safe plane. Everything so far… has been pointing the finger elsewhere.”

Muilenburg, who was stripped of his title as chairman of the Boeing board, is expected to meet with families of the victims on Wednesday. Boeing said on Monday night, Muilenberg visited Indonesia’s embassy in Washing to offer condolences to the Indonesian people.

In July, Boeing offered $100 million to those affected by the crashes in Indonesia and Ethiopia. Ethiopian Airline Flight 302 was scheduled to fly internationally from Addis Ababa Bole International Airport to Ethiopia to Jomo Kenyatta International Airport in Nairobi, Kenya. Six minutes after takeoff, the aircraft crashed near Bishoftu, killing all 157 people aboard.

Another deadly crash occurred in Ethiopia in October 2018 when a Lion Air aircraft killed 346 people. After investigations concluded, it was said that both pilot flying the Max jets struggled to override an automated system that pointed the plane’s nose down.

Airlines do not expect to resume Max flights until early 2020. As of October 2019, the grounding of Boeing Max jets has cost $9.2 billion in revenue and compensation to airlines and bereaved families. Boeing is currently facing lawsuits from airline pilots and families of victims.

There were people from 35 countries aboard the Boeing Max jets that crashed. The Dinizulu Law Group offers our deepest condolences to those affected by the crashes. The Dinizulu Law Group is located in Chicago, IL where Boeing is currently facing litigation for some of the families affected.

The laws that govern the skies can be complex, which is why it takes a seasoned legal team to successfully represent victims of aviation accidents. The Dinizulu Law Group, Ltd. 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 injuries or the loss of a loved on in an aviation accident, our personal injury attorneys can give you answers in a free, confidential consultation. To schedule an appointment, please call (312) 382-1920. For additional information, please refer to our website.

Contact Info:

Phone: (312) 382-1920

Address:
221 N. LaSalle St., Suite 1100
Chicago, IL 60601

CMS Adds New Transparency on Nursing Home Abuse

October 23, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – The Centers for Medicare & Medicaid Services (CMS) announced that it will now be easier for the public to find nursing homes that have violated rules regarding abuse, neglect, or exploitation beginning today, October 23, 2019.

The agency’s Nursing Home Compare website provides detailed information about every Medicare and Medicaid-certified nursing home nationwide. The tool allows you to search by location and/or nursing home names. There is now an icon next to the nursing homes that have been cited reported violations.

Consumers are able to see violations through the inspection reports provided on the website; however, CMS stated that inspection reports are becoming too difficult to access and adding the icon feature will make it easier to find information about abuse citations. The icon warns consumers about the harmful abuse of a resident within the last year, and the potentially harmful abuse of a resident within the last two years. CMS will be updating data information monthly.

In April, CMS announced they were adding improvements to the State Performance Standards System (SPSS) including ending the freeze on the health inspection domain of the Five Star Quality Rating System by resuming traditional methods of calculating health inspection scores by using three cycles of inspections. They will be adding the long-stay hospitalization measure and a measure of long-stay emergency department transfers to the rating system. CMS will also be adjusting the thresholds for staffing ratings. Finally, the threshold for the ‘number of days without a registered nurse onsite’ which will trigger an automatic downgrade to one star will be reduced from seven to four days.

CMS Administrator Seema Verma said, “By holding inspectors accountable for conducting timely and consistent inspections, we’re holding nursing homes accountable for providing safe, high-quality care–helping ensure safe nursing home environments.”

CMS hopes to become more consistent and transparent, requiring hospitals to post their list prices for consumers and force them to post their payer-negotiated rates starting in January 2020. The U.S. Department of Health and Human Services (HHS) and Congress are thinking of ways to force drug companies to disclose to consumers the real cost of drugs. The measure, passed in May, was intended for healthcare consumers with price transparency for prescription medications to help lower prescription costs.

According to the Nursing Home Abuse Center, nearly 1-2 million U.S. citizens 65 years or older have been mistreated, exploited, or injured by a caregiver. Only about 20 percent of cases or abuse and neglect are reported. If you’re looking to place a loved one in a nursing home facility, it’s important to do your research before placing them in one. Now that CMC has provided consumers with nursing homes that have been cited for abuse, neglect, and exploitation, it will be much easier to assess facility’s that will be better suited for your loved one.

If you think you or a loved one has experienced abuse, neglect, or been exploited while at the hands of a caregiver, please call one of our experienced nursing home abuse attorney’s right away to schedule a free consultation. Do not wait to hear what the facility is going to do going forward to address this issue. Due to the statue of limitations, we will have to begin working on your case right away. For any additional information, please check out our website.

Phone: (312) 384-1920

Address:
221 N. LaSalle St., Suite 1100
Chicago, IL 60601

Report Claims Nursing Home Kitchen’s “Horrible,” Endangering Residents Nationwide

October 10, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Nursing home facilities are now being investigated nationwide after an extensive investigation on nursing home kitchen’s are in “horrible” condition, leaving residents endangered. You may hear horror stories of elder abuse and neglect in facilities such as bedsores, bed bugs, or over-medicating residents, but food handling remains a consistent and overlooked hazard.

A five month extensive study was conducted by FairWarning, a non-profit organization that focuses on the public’s health, consumer, and environmental issues. FairWarning’s investigation is based on inspection reports, federal data, and interviews with residents and caretakers showed that residents nationwide are at-risk for foodborne illnesses due to unsafe and unsanitary kitchens.

Foodborne illnesses are a threat to any age group; however, people over 65 are especially susceptible due to weaker immune systems, chronic diseases, immobility, and any age-related changes in their digestive system. The most common incident’s that were not logged in any restaurant inspector’s notebook include: flies buzzing around food, cockroaches in the kitchen, moldy ice cream machines, debris stuck to food handling items, and mouse droppings across the top of the stove.

From 1998 to 2017, 230 foodborne illness outbreaks were reported by the Centers for Disease Control and Prevention. The outbreaks caused 54 deaths and 532 hospitalizations, and further sickening 7,648 people.

Not all cases were brought on by poor sanitation – some outbreaks were the result of contaminated food brought into facilities from the outside. Investigators reported that in one facility, the kitchen staff failed to check the sanitizer levels in the dishwasher and didn’t realize the injector was clogged. The facility’s administrator had no comment.

“There’s a huge under-reporting of food issues,” said Charlene Harrington, a nurse and professor at University of California, a researcher of nursing home quality.

Dangerous and Unsafe Food Handling

In Illinois, all workers in a restaurant and non-restaurant food establishment is required to have a Food Handler’s Safety Card, a certification that shows you know how to prepare, store or serve food, handle food equipment and utensils, or food-contact surfaces. All employees are required to obtain their Food Handler’s Card within the first 30 days of hire.

Food handling is the third most frequently cited violation in America’s estimated 15,700 nursing homes, behind infection control and accidents, according to the Centers for Medicare & Medicaid Services. These figures do not include assisted living, who create their own standards and have nearly no data collection nationwide.

Feds Propose Rollback

Thirty-three percent of nursing homes were cited for violating federal requirements to safely store, prepare and serve food. Genesis HealthCare, the nation’s largest for-profit nursing home chain with 400 facilities in 27 states, has more than 43 percent of nursing homes cited for food safety lapses last year.

A CDC spokesperson stated that the agency relies on voluntary reporting of foodborne illness from state, local, and territorial health departments, some of which have limited to no resources or training. Many illnesses go under-reported due to sick individuals not seeking medical care or a diagnosis.

In July, the Trump Administration proposed lower qualifications for directors of food and nutrition services, weakening the standards of an already broken system.

“They’re clearly weakening the standards regarding food service and the safety of food handling,” said Richard Mollot, executive director of New York’s Long Term Care Community Coalition.

Reoccurrences

Many of the same nursing homes are breaking standards of food repeatedly by skimping on resident’s dietary needs to increase profit. Since January 2016, nearly a third of nursing homes that were cited two or more times had the same food safety violation, according to the FairWarning report.

The report claims one Arkansas facility was written up seven times in the last three years, including “unsealed foods in storage, grimy kitchen appliances and staff with unwashed hands touching residents’ food,” inspection reports show. When the nursing home was cited the sixth time in July 2018, a government inspector asked the nursing director if she would eat the food that was being prepared in the facilities kitchen.

“No,” the nurse responded, according to the report.

Lack of Assisted Living Supervision

Assisted living facilities lack federal oversight, which food safety experts stated it could be a much worse living situation for residents. Audrey Kelly of Los Angeles said she quickly moved her 98-year-old mother out of a six-person assisted living facility this year after finding cockroaches in the kitchen.

“It’s not right. It’s really, really disgusting,” Kelly said.

Her mother, Sally, uses a wheelchair after suffering from multiple strokes, became ill after her stay at Toluca Lake Manor Senior Assisted Living in Sherman Oaks, California. She was suffering from stomach cramps and diarrhea.

In another assisted living facility, a Georgia woman who pays thousands of dollars a month, stated she has experience several food- related illnesses that confined her to her bed. She mentions the moldy cheese and lettuce that was being served at the salad bar.

Contact an Experience Nursing Home Abuse and Neglect Attorney

Within the coming weeks, we are sure to hear more information regarding food safety and standards in nursing homes and more people will speak out on their experience now that light is being shed on this. It’s important to contact an experienced nursing home abuse and neglect attorney as soon as possible rather than wait to see what the facility will do to change the problem – if they ever do.

Our attorney’s work diligently towards getting your loved one out of harm’s way and getting the justice they deserve. Due to the statue of limitations, we will need to begin to work on your case right away due to the time sensitive manner.

Please contact our office at (312) 384-1920 for a free consultation, or by visiting our website.

Contact:

221 N. LaSalle St., Suite 1100
Chicago, IL 60601

www.dinizululawgroup.com

Medical Malpractice and Misdiagnosis

October 7, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Misdiagnoses in the healthcare industry frequently leads to medical malpractice which has garnished the media in recent years. In 2015, the National Academy of Medicine announced most people will receive at least one misdiagnosis during their life. Research conducted by the National Academy of Medicine in 2017 showed nearly 100,000 Americans died or were permanently disabled due to an incorrect or delayed diagnosis.

Each year, more reports begin to surface and numbers are steadily increasing in misdiagnoses. Many people struggle to find the right physician to trust, but there are a few things you can do to advocate for your own health.

Ways to Be a Better Health Advocate

Listen to word-of-mouth referrals: Referrals and recommendations from friends or family can be valuable, as they have experience with whichever facility and physician you may be seeking out. Try speaking to a neighbor, co-worker, or acquaintance about how long they have seen this provider and what their overall experience has been like.

Do your own research: In today’s digital age, you have the power to surf the web at your fingertips. Reading reviews of physicians and the healthcare facility are a key component of researching what may be a right fit for you.

Seek a second opinion: After receiving an original diagnosis, do not be afraid to look for a second opinion. Research shows that medical professionals would agree that if you are questioning your primary care physician, you should seek a second opinion. Although this may require a little more work, the importance of your health comes first.

Maintain your own records: It can be a hassle to transfer medical records from doctor to doctor, so it’s important you keep documentation of all medical records so you can see exactly what your doctor is seeing. Apple released an update to their Apple Health App where you can store all health records in one place including medications, immunizations, lab results, and more.

Review your medical records: By law, you have the right to correct any errors in your medical records. HIPPA protects you and ensures that all records are private and you are able to amend the record upon finding errors. It’s important to review the itemized bill as insurers normally work off the summary bill.

Medical errors are the third leading cause of death in the United States according to study conducted by Johns Hopkins in 2018. As many as 250,000 people die every year in the U.S. from medical errors while other reports claim numbers to be as high as 440,000. Doctors are required to provide a standard of care; however, failure to provide this level of care is considered medical negligence.

Types of Medical Negligence

Misdiagnosis: an incorrect diagnosis of an illness or other problem, which can lead to unnecessary or harmful treatment.
Delay diagnosis: a delay in diagnosis preventing a patient from receiving proper treatment in a timely manner.
Medication error: prescribing an incorrect dosage or medication, or failing to check the patient’s allergies to a specific medication or prescribing a deadly drug.
Surgical error: a preventable mistake by health professionals that result in further harm to the patient which can include operating on an incorrect body part or performing the wrong procedures.
Infections: an infection is improperly treated, or the required effort to prevent the infection isn’t made.
Birth injuries: when a healthcare professional or facility fails the standard of care and causes injury to the mother, the child, or both during a pregnancy or delivery that can causes serious, or in some cases permanent, life-long damage.

Contact a Dinizulu Law Group Medical Malpractice Attorney

If you find yourself or a loved one suffering from the negligence of a physician and have concurred health issues from the care you have received, you should seek help from legal counsel who has experience in the area of medical malpractice and negligence. Depending on the circumstance of the case, you may be able to file a claim against your physician, health care facility, and others. Consulting with one of our attorney’s at Dinizulu Law Group can provide you with the necessary resources during a free consultation. Please call our office or visit our website to schedule a free consultation and for more information.

Contact information:

Office: (312) 384-1920

Dinizulu Law Group, Ltd.
221 N. LaSalle St., Suite 1100
Chicago, IL 60601

Senate Reports More Than 400 Facilities with “Persistent Record of Poor Care”

September 30, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Nursing home abuse is extremely under-reported in the United States; however, a list released by the Senate named nearly 400 facilities across the nation that had a record of “persistent poor care.” According to documents and interviews, budget cuts are the contributing factor by reducing available funds to focus on the inspections that are required for nursing homes.

Two Senators released a report in June for the families that are struggling to find the right nursing home for their loved ones. Many people had questions regarding why some homes were not disclosed, while others were publicly identified.

Senator Bob Casey, D-PA, and Senator Pat Toomey, R-PA issued the report stating, “we’ve got to make sure any family member or any potential resident of a nursing home can get this information, not only ahead of time but on an ongoing basis,” according to the Associated Press.

The report comes after the Center of Medicare and Medicaid Services (CMS) provided a list of nursing homes with ongoing issues and documented problems that were not publicly disclosed. More than 1.3 million Americans live as a nursing home resident in more than 15,700 facilities.

There is a Special Focus Facility Program in which CMS did not disclose the names of roughly 80 smaller nursing homes that are getting special inspection to help solved documented problems. Nursing homes that don’t improve and fix their standard of care could potentially be cut off by Medicaid and Medicare.

Medicare provides a website entitled “Nursing Home Compare” with detailed information regarding all Medicare and Medicaid-certified nursing homes across the country. Nursing homes that are in the Special Focus Facility Program can be identified by a small icon that is a yellow triangle.

CMS Administrator Seema Verma singled out federal budget problems as a factor according to the AP. Verma mentioned, “The number of special focus slots and total number of special focus candidates are based on the availability of federal resources. In 2010, there was room for 167 nursing homes and 835 candidates; now it’s down to 88 slots and 440 candidates.” Federal budget cuts were reduced in 2014.

Federal budget cuts are not the only factors: staffing level and clinical outcomes should be considered.

According to Modern Health Care, recent studies show that nursing home staffing levels are often much lower than what facilities are reporting. Half of the facilities that were analyzed met staffing levels less than 20 percent of the time; moreover, registered nurses in 91 percent of organizations met expectations less than 60 percent of the time. For-profit facilities were more likely to report higher staffing levels compared to not-for-profits.

This is a crucial factor when deciding what facility to place your loved one in. The Consumer Voice mentioned direct caregivers such as an RN, LPN, LVN, or CNA can have up to 5 residents in a day, 10 in the evening, or 15 at night; in addition to licensed nurses including RN, LPN, or LVN, during the day having 15 residents, in the evening 20, and at night 30 residents.

You don’t want to put your loved one in a nursing home where the staff to resident ratio is not sufficient enough care your loved one should be and needs to be given. On average, a RN in a nursing home in the United States has a salary of $61,363 as of August 2019; however, the range typically falls between $57,744 and $64,973 (Salary). It’s important to note many nursing homes are under-staffed, which means staff is overworked and underpaid, often times neglecting your loved one – especially if family is not consistently visiting.

Modern Health reported RNs spent 42 percent less time with residents on weekends, licensed practical nurses spent 17 percent less, and nurse aids spent 9 percent less. Large facilities often have a bigger decreased in staffing levels over the weekends – weekends tend to be busier than the weekdays. Staff that works long hours are more likely to lead to an increase of error while working with residents.

Clinical outcomes that should be evaluated beyond nurse staffing and patient safety, is evaluating nurses’ working conditions. Nurses could over-administer a patient’s medication, or perhaps equipment failure. Although this may seem like a small error, this can interrupt important patient care.

Nursing homes are required to provide residents with quality care. The World Health Organization defined quality of care as a “key component to the right to health, and the route to equity and dignity.” Quality of care includes safe, effective, timely, efficient, equitable, and people-centered care. Many nursing homes fall short of these expectations and requirements, and deficiencies can even go unnoticed.

It’s important to do extensive research on nursing home facilities before placing your loved one in one. Go to visit – check how residents and staff interact, what daily activities are offered, what kind of living accommodation your loved one will be in, and visiting hours.

Abuse in nursing homes and is not limited to physical, emotional, mental, or sexual abuse. It can also include financial exploitation, as well as neglect. It’s important to notify nursing home management and local law enforcement immediately if you suspect your loved one is suffering from neglect or abuse.

Our experienced nursing home abuse lawyers work diligently to seek compensation and justice for your loved one. Please call (312) 384-1920 or visit our website to schedule a free, confidential consultation in our downtown Chicago office, or we can meet wherever is convenient for you.

Contact info:
Dinizulu Law Group, Ltd.
221 N. LaSalle St., Suite 1100
Chicago, IL 60601

5 Common Questions about Trucking Accidents

September 26, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Car accidents are more common than truck accidents; however, truck accidents can be more fatal, especially when combined with speed, weather, and other conditions. It’s important to know factors that can contribute to a truck accident, how trucks are more dangerous than passenger vehicles, what to do if you’re involved in an accident, and how long you have to file a lawsuit.

According to a report released by Enjuris, 4,102 people died in a truck accident in 2017. Thirty-two percent of accidents that occurred happened on an interstate or freeway, while fifty-two percent occurred on other major roads; moreover, fifteen percent of accidents happened on minor roadways.

Factors that Contribute to Truck Accidents

Driving a large commercial truck, such as a semi, is much more difficult to operate due to the weight and size of the truck. The size of the truck makes turning more difficult, and requires a much longer stopped distance than a passenger vehicle.

Improper loading can result in roll-over accidents, due to cargo being improperly loaded and strapped when inspecting before a truck leaves the warehouse. All employees are required to check their truck and ensure that all cargo is properly loaded and log information.

Drivers and truck companies have an obligation to inspect trucks and correct any maintenance issues as they arise. Many drivers and companies cut corners to keep up with profit margins, resulting in negligence.

Truck companies may fail to hire qualified drivers. Many truck companies are on tight deadlines, and hire drivers who are not qualified for these jobs, or have ever driven a semi-truck at all. Trucks are known to excessively speed to meet required deadlines, although they pose a serious threat to themselves and those around them.

Many drivers put deadlines before the safety of others and drive exhausted, or use a drug stimulant to keep themselves awake during their long hours on the road. When you combine these factors with weather, such as rain, snow, sleet, or fog, it can become catastrophic, or even fatal.

Why Are Commercial Trucks More Dangerous?

Tractor-trailers on average weigh 16 times more than a typical passenger car. Semi’s are roughly 53 feet and require 350 feet to come to a complete stop on the highway, compared to a passenger car which requires a breaking distance of 180 feet.

These trucks can also be carrying hazardous material that can cause further damage and injury.

What Do I Do if I Have Been Involved in a Truck Accident?

Ensure your safety above all else, and check to see if anyone was injured in another vehicle. Make sure you are in a safe location, or if you’re able to move your car, move it to an area where you can safely exit. If you need medical treatment, call 911 and request an ambulance right away.

The police will arrive to document the accident – no matter how big or small the accident may be, a documented police report should always be completed. Write down any information you can about the accident and never talk to the other vehicle involved about what happened. Take photographs of your car and the other car(s) involved.

You will need to request the truck drivers name, address, phone number, drivers license number, and insurance company and policy number. You should also get information regarding what truck company the driver works for.

It’s important to see a doctor, even if you think that you’re “fine.” A gap in time waiting to go to the doctor can hurt your case, so it’s important for your health and to have a record of seeing a doctor immediately after the accident.

If you’ve been injured or a fatal accident has occurred, you should contact an attorney immediately. The attorney’s at Dinizulu Law Group, Ltd. specialize in truck accidents and personal injury, and work hard to receive full compensation for any losses you may have occurred due to a truck driver’s negligence.

How Long Do I Have to File A Lawsuit?

Due to the statue of limitations, you have two years to file a lawsuit; however, you should contact an attorney immediately because of the steps they will have to take, like investigation and discovery. It’s important to seek legal help as soon as possible.

When Do I Hire a Truck Accident Lawyer?

You should hire a truck accident lawyer immediately after the accident occurs. It’s important to seek legal advice so your attorney can obtain as much information as possible on your accident.

Our attorney’s at Dinizulu Law Group offer a free, confidential consultation for you. They will walk you through your options and help with all legal representation. You can call (312) 384-1920 to schedule a free consultation, or visit our website for more information.

Contact:

Dinizulu Law Group, Ltd.
221 N. LaSalle St., Suite #1100
Chicago, IL 60614