Blog | Dinizulu Law Group, Ltd

When Forced Feeding is Nursing Home Abuse

October 10, 2018/in Blog, nursing home neglect/by Yao Dinizulu

As our loved ones age, their appetites may diminish or they may have health conditions that cause difficulty in eating and swallowing food. When this happens it’s important that our loved ones are not malnourished or dehydrated due to a reduced nutrient intake.

Long-term residential facilities like nursing homes are required to provide around-the-clock care for their residents. This includes not just feeding residents, but also monitoring their daily calorie and nutrient intake.

Residents with health conditions like dysphagia have trouble swallowing food and are more likely to aspirate, meaning getting food or liquid breathed into the airway, which may lead to pneumonia. But even in these instances, a feeding tube should only be used as a last resort to prevent malnutrition or dehydration. Initial steps can be taken to help a resident get adequate nutrition. Such steps include:

Providing a resident with physical therapy to help with swallowing or using utensils
Providing utensils that are easier to hold and use
Sitting with the resident and manually feeding the resident

If any of the preliminary steps work and help a resident get the daily calorie intake they need, there is no reason to put a resident on a feeding tube. But many nursing homes, for their own convenience and in order to save on staff expenses, will put residents on feeding tubes even when it’s not absolutely necessary. Remember, a nursing home cannot order the use of a feeding tube without the consent of the resident or the resident’s authorized representative unless other options have been exhausted.

Feeding tubes can be live savers, but they can cause complications which are easily avoidable for residents who can eat well through other means. If your loved one is put on a feeding tube you believe is unnecessary, this may be a form of nursing home abuse. Our Chicago nursing home abuse attorneys are here to help if you or your loved one is in harm’s way. Contact the Dinizulu Law Group, Ltd. at 1 (312) 384-1920 or 1 (800) 693-1LAW or by email.

Quality Care Harder to Find for Residents with Mental Health Issues

October 5, 2018/in Blog, nursing home neglect/by Yao Dinizulu

Our elderly loved ones often need care in a nursing home if they face a mental condition like Alzheimer’s disease or other forms of dementia. This study performed by the University of Rochester School of Medicine and Dentistry in New York found that nursing homes with the highest Medicare rating are the ones least likely to admit patients with mental health conditions.

Even manageable conditions like depression and anxiety lower a resident’s chance of acceptance in the best facilities by 8%. With bipolar disorder, patients were 11% less likely to go to a five-star facility; the odds were 28% lower with schizophrenia, 27% lower with a substance abuse problem, and 32% lower with personality disorders.

Even after excluding dementia and Alzheimer’s disease, which are among the most common causes of nursing home admissions, people with other mental health conditions account for about 50% of all nursing home residents. Knowing these figures, we can only conclude that most five-star facilities are not accessible to the patients most in need.

As a result, what happens is patients with the most needs, such as those who need help with basic daily activities, such as bathing, dressing, and eating, end up in one-star facilities. These facilities receive low ratings due to violations in the quality of care. Meaning, these facilities are already not meeting their existing obligations to all their residents. Add a resident with many physical or mental needs to such a facility and the problem becomes worse.

When a resident with Alzheimer’s or another mental health condition has limited residency options and ends up in a one-star facility, that resident becomes more prone to nursing home neglect. One-star facilities have low ratings because they do not hire adequate staff, have poor training protocols, and may not even be well-versed in dealing with residents with mental health needs, even though many such residents are ending up in these facilities.

At the same time, we should all know that nursing home neglect can happen in any facility. The rate of nursing home neglect has been rising in Chicago and nationwide. Our Chicago nursing home neglect attorneys are here to help if you or your loved one has been harmed in a nursing home. With over 50 years of combined experience, we have recovered millions in verdicts and settlements. Our nursing home neglect lawyers are here for you. Call us at 1 (312) 384-1920 or 1(800) 693-1LAW, or reach us by email.

Nursing home facility contagious infections

What Measures Should Nursing Homes Take to Prevent Infections?

September 28, 2018/in Blog, nursing home neglect/by Yao Dinizulu

Because of the number of patients they house, large residential facilities such as nursing homes are more prone to infections and contagious diseases. But there are precautions and safety measures nursing homes are expected to know and follow that prevent the spread of disease, and can prevent an individual resident’s condition from turning into a large-scale outbreak.

Only four pathogens—influenza virus, norovirus, salmonella and S pyogenes—make up more than 50% of all infectious agents involved. These common viruses and bacteria are easy to tackle if a nursing home has a proper system of infection control and prevention. While many of us have caught and easily recovered from these illnesses, for the elderly they can cause serious health complications, and may even lead to death.

Influenza Virus
All seniors over 65 are recommended by the CDC to take a flu shot every year around fall. In a nursing home especially, the doctors, nurses, and staff must remain aware of this recommendation and communicate it on patient charts and medical records. Furthermore, all nursing home staff members need to understand the protocols of disease prevention and control. Basics such as changing gloves and washing hands, need to be known and fully followed by staff. Unfortunately, these factors get overlooked in understaffed nursing homes. Employees get overwhelmed by the number of residents they must care for, and they start bypassing even the most basics steps in infection control.

Norovirus
Caregivers, if infected, can easily spread norovirus to residents by having close contact, such as by caring for, or preparing food for them. These are the main duties of caregivers at a nursing home. The dietary department is responsible for preparing residents’ meals, and nurses and other caregivers interact with residents daily. Imagine how many residents could get sick from a sick staffer who prepares their food. Nursing homes should not only have policies that encourage their staff to stay home when they are sick, but also invest in educating all staffers regarding how they can prevent the spread of disease.

Salmonella
Knowledge of food preparation and safety must be known to nursing home staffers, especially those responsible for handling food. Uncooked or undercooked food are usually the cause of salmonella. Many other food-borne illnesses are also easily preventable when a nursing home properly implements food safety guidelines.

Streptococcus
Streptococcus, the bacteria that causes strep throat, can result in more serious conditions such as rheumatic fever, streptococcal toxic shock syndrome, and pneumonia. Streptococcus can spread through airborne droplets when someone with the infection coughs or sneezes. You can also pick up the bacteria from a doorknob or other surfaces and transfer them to your nose, mouth, or eyes. Therefore, because streptococcus is so contagious, it is important for nursing homes to have proper measures in place that can prevent an individual’s sickness from turning into an outbreak.

What You Can Do?
Know that there are options for you if you or your loved one has suffered injury at a nursing home due to an untreated bacterial/viral infection. Our Chicago nursing home neglect attorneys fight for you and hold these care facilities accountable for their wrongdoings. The Dinizulu Law Group, Ltd. has over 50 years of combined experience that we put to the test everyday fighting for you. Contact us for your free, initial consultation. We can be reached at 1 (312) 384-1920, 1 (800) 693-1LAW, or by email.

Nursing Homes & Corporate Webs: A Decline in Resident Care

September 21, 2018/in Blog, nursing home neglect/by Yao Dinizulu

It may not be a surprise to hear that the business structure of many corporations is getting bigger and more convoluted. Nursing homes are no exception to this trend. But what does it mean for you or a loved one who may need around-the-clock care?

Owners of nursing homes sometimes have competing interests in other industries that may provide products or services, such as medical supplies, linens, etc., that are needed at a nursing home. In such cases, nursing homes often outsource services to a vendor that they have a financial stake in and that they can control operationally. Such business contracts are often non-competitive and charge astronomically higher fees than what another vendor in that industry typically would.

In such a corporate structure, nursing homes are forced by their management to have extremely tight budgets when it comes to staffing needs and training protocols. In the end, it’s the residents who suffer. Kaiser Health News conducted an investigation of American nursing homes and found nearly three-quarters—more than 11,000 nursing homes—have such business dealings, known as “related party transactions.”Some homes even contract out basic functions like management or rent their own building from a sister corporation, saying it is an efficient way of running their businesses and can help minimize taxes.

But nursing home care is worse in facilities with such business ties. Kaiser Health News’ investigation showed:

■ As a group, these homes were 9 percent more likely to have hurt residents or put them in immediate jeopardy of harm, and amassed 53 substantiated complaints for every 1,000 beds, compared with 32 per 1,000 beds at independent homes.

■ Homes with related companies were fined 22 percent more often for serious health violations than independent homes, and penalties averaged $24,441—7 percent higher.

Kaiser Health News’ thorough investigation showed these facilities have fewer nurses and aides per patient, they have higher rates of patient injuries and unsafe practices, and they are the subject of complaints almost twice as often as independent homes. Yet, these types of nursing homes are becoming increasingly common.

As they cut staff and cause their residents injury, when such nursing home facilities are held liable for these injuries, many of them try to avoid responsibility by hiding behind the interconnected corporate structure they have created.

At the Dinizulu Law Group, Ltd., our nursing home neglect attorneys are familiar with such tactics. When these nursing homes cause their residents injury, often times it’s a deliberate choice to cut corners and not hire adequate staff to provide care for all residents.

If your loved one was harmed in a nursing home, know that there are options for you. With over 50 years of combined experience and millions of dollars recovered in verdicts and settlements, our nursing home neglect lawyers are here for you. Call us at 1 (312) 384-1920 or 1 (800) 693-1LAW, or reach us by email.

Vehicle Failure: A Main Cause of Truck Accidents in Chicago & Nationwide

September 14, 2018/in Blog, Trucking accident injury law/by Yao Dinizulu

Truck accidents often occur because the parts in the truck are not in proper working order. Laws and regulations in place require trucking companies to maintain their vehicles, conduct thorough inspections, and ensure that vehicles are safe before they get on the road. Sadly, this is not the case. Often times, truck companies make a deliberate choice to skip inspections and perform fix ups in order to finish deliveries on time or they may take on more deliveries than they can safely handle. When these companies choose to bypass safety regulations for personal gain, it the safety of everyone who shares the road with these large vehicles that’s threatened. Imagine losing a loved one because a defective truck that should have been pulled off the road simply wasn’t.

There are several factors that make a truck defective and lead to crashes. The Federal Motor Carrier Safety Administration (FMCSA) studies truck safety and the causes of truck accidents. They found among the most common causes of vehicle-related accidents are:

Brake Problems

Federal regulations allow trucks carrying cargo to weigh up to 80,000 pounds. When trucks are required to brakes, trucks can take over 20-times the stopping distance as a car. When required to brake suddenly, this weight may be too much and overpower the ability to stop when needed.

Add to these risks brakes that are not inspected thoroughly, even after long stretches of driving, and truck crashes become likely. FMCSA’s study on truck crashes revealed brake failures account for 29% of truck accidents. Imagine 29% of truck accident injuries and fatalities as avoidable if truck companies routinely maintain the brakes on their vehicles.

Tire Problems

FMSCA has specific regulations in place to help avoid truck accidents caused by tire problems. These standards require trucks’ tire treads to have a certain depth and quality, which vary based on the tire’s location on the truck. For example, while rear tires may be slightly worn – or even re-capped or re-treaded to save money – front steering tires must be new and in good quality.

Therefore, many trucking companies re-cap or re-tread tires rather than purchase new, expensive ones. This factor, along with improper or uneven tire wear or tire pressure, can cause the tires to heat up and shed layers. When layers break off a truck at highway speeds, they can cause the trucker or other drivers to swerve in reaction. If tires burst altogether, truckers can lose control. The accidents that results from these causes are oftentimes deadly.

Cargo Shift

Cargo is required to be secured and evenly load as per FMCSA’s rules. As the truck travels down a road, internal shifting of the cargo can seriously effect the truck’s overall stability. For example, if cargo is loaded too far back in trailer, or too high up, the trailer might not move as per the driver’s expectations. The results can be disastrous, especially during tight turns or emergency maneuvers. As a result, the truck driver could lose control of the entire vehicle, causing injury to himself and to many other drivers around him.

At the Dinizulu Law Group, Ltd., our truck accident attorneys in Chicago are familiar with the tactics truck and insurance companies use to avoid responsibility. If your loved one was harmed in a truck accident caused by vehicle failure, know that there are options for you. With over 50 years of combined experience and millions recovered in verdicts and settlements, our truck accident lawyers in Chicago are here for you. Call us at 1-312-384-1920 or 1-800-693-1LAW or reach us by email.

You can click here to read more accident articles

Truck Accidents Often Turn Deadly Due to “Underriding”

August 31, 2018/in Blog, Car accident injury law, Trucking accident injury law/by Yao Dinizulu

There were close to 4,000 fatal truck accidents in 2016, according to the Insurance Institute for Highway Safety. This number has been on the rise since 2009, and is expected to continue rising unless safety rules and other preventive measure are put in place.

Most truck crash fatalities result in the death of a passenger car driver, a motorcyclist, a bicyclist or a pedestrian. Many times, these fatalities are due to a car or a smaller vehicle underriding the truck from the side. While rear guards are mandated on trailers, this law hasn’t been update since 1998.

It was in April 2014 that the National Transportation Safety Board (NTSB) issued a recommendation to the National Highway Traffic Safety Administration (NHTSA) that all new trailers have side protection systems. Nothing has changed since then until now.

Last December, Congress members introduced The Stop Underrides Act of 2017, a bipartisan bill requiring all large trucks, trailers, and semi-trailers to have side guard protectors. The bill would further update rear guard protection requirements to also apply to all large trucks, trailers, and semi-trailers. The bill was introduced by Sen. Kirsten Gillibrand (D-NY) and Sen. Marco Rubio (R-FL) and Sen. Bill Nelson (D-FL). Along with the Senate, an identical bill was also introduced in the House, by Rep. Steve Cohen (D-TN) and Rep. Mark DeSaulnier (D-CA). Since then the bill has been sitting in committees who have so far refused to take any further action on this safety issue.

The American Trucking Association (ATA), the lobbying arm of the trucking industry is expected to obstruct this bill as it would require the trucking industry to spend money on updating safety equipment. The ATA’s agenda is to have as few safety rules and regulations in place as possible to grow the trucking industry’s profits. They seem least concerned about fatalities they can help prevent. As a result, it’s our community members and their loved ones who must suffer from the consequences from tragic accidents again and again.

The ATA will look for reasons to block this bill. Their efforts include large donations to members of Congress who will support their agenda. Average families and our community members who lose the most from these tragedies often don’t have the funds to promote their own safety. Therefore, it is important that we raise our voices and remain engaged in these issues. Not only should we vote, but we should know our politicians’ position on safety rules. What does their voting record say about safety rules? Would this candidate help ensure my loved one can be safer? Awareness and engagement is what offers solutions and improves our communities.

Raise your voice if you or a loved one has been hurt in a truck accident. The Dinizulu Law Group, Ltd. is here to help injured victims and their families at their time of need. Our truck accident lawyers have helped thousands of families arrive at a place of financial security and stability after a devastating injury. We can be reached at 1 (312) 384-1920 or 1 (800) 693-1LAW, or by email.

Nursing Home Neglect – When Residents Are Kept in Isolation

August 20, 2018/in Blog, nursing home neglect/by Yao Dinizulu

When we think of nursing home neglect we commonly think of elderly residents not being provided the needed physical care such as:

Repositioning, if they face limited mobility, thus leading to bed sores and open wounds
Clean and changed clothes and linens, if they are incontinent or have difficulty using the bathroom
Dehydration or malnourishment due to a lack of fluid or food intake

These are all serious concerns that a knowledgeable and experienced nursing home neglect attorney will be able to help you with. The Dinizulu Law Group, Ltd. has successfully represented over hundreds of clients facing nursing home neglect. The verdicts and settlements we have reached have helped families move forward after a very difficult time in their lives.

But you should also know about another form of neglect that we don’t typically think of. Elderly residents may be kept in isolation at a nursing home even if their meals are properly provided, they appear clean, and all their health needs are attended to. Limiting residents from participating in social activities, preventing interaction, or offering little to no mental stimulation also constitutes as nursing home neglect. Nursing homes are liable if they keep a resident confined to their room, or bed.

The same also applies if the nursing home takes retaliatory action when a resident participates in certain social activities. Examples include verbal abuse, refusing to serve food on time, or if at all, after a resident participates in certain activities.

To watch out for this form of nursing home neglect, here’s what you can be mindful of when you visit mom or dad:

Does your loved one seem placed in an isolated part of the facility?
Do you see the nursing home staff attend to your family member in a timely manner?
Is your loved one afraid to speak in front of staff?
Does your loved one show a lack of interest in what used to his or her favorite activities?

If you notice these signs among other symptoms, contact our Chicago nursing home neglect attorneys. Conveniently located in downtown Chicago, the Dinizulu Law Group, Ltd. has recovered over millions of dollars in verdicts and settlements on behalf of wronged clients. Contact us by phone at 1 (312) 384-1920 or 1 (800) 693-1LAW or reach us by email to schedule a free initial consultation.

What Distinguishes a Good Nursing Home Facility From a Bad One?

August 13, 2018/in Blog, nursing home neglect, Uncategorized/by Yao Dinizulu

The latest innovations in technology have helped ensure our elderly loved ones can be safer in a nursing home facility today than what was the case a decade ago. But are all the nursing homes taking advantage of today’s technology? To distinguish a good nursing home facility from bad one, there are many things you can review before selecting a place.

Background Checks

The emergence of electronic records that can be shared between law enforcement across various states have made background checks more reliable and easier to complete. But it’s the hiring practices of the nursing home that can reveal whether it does background checks in a thorough manner, or if at all.

Safety Alert Systems

While only 5% of the elderly population lives in nursing homes, 20% of elderly falls and accidents occur in them. Almost 2,000 nursing home residents die each year from these falls, and many suffer from other injuries. Good quality nursing homes have extensive training and safety systems in place to minimize the risk of injury among their residents. This includes alerting systems that can buzz and communicate to the nursing home staff when a fall-risk resident gets up unassisted. Top quality nursing homes have these systems so that the onus is not simply on the elderly resident to press a call button to get assistance. Always ask a nursing facility to demonstrate their safety alert system.

Caring For Residents Suffering From Alzheimer’s Disease

Good nursing homes invest in training staff to properly care for residents suffering from Alzheimer’s disease. Caregivers who have extensive training in how to cope with behavior linked to Alzheimer’s are less likely to verbally abuse a resident. These caregivers often understand how to best handle situations that may arise, and are more likely to respond appropriately.

Administering Medicine

Often times, one caregiver is responsible for administering medicine to many residents, and there is a risk that pills can get mixed. These dangers increase if caregivers are overwhelmed, or working in a nursing home that doesn’t hire adequate staff. Good quality facilities will have a highly organized method for administering medications.

Such nursing homes will put daily medication doses in sealed packets and cross-reference them to a medication list before administering them to residents. Don’t be afraid to ask a facility about its procedures for administering medications before placing your loved one there.

Infection Prevention & Control

Infections can have deadly results, especially for our elderly loved ones. Be sure that your loved one’s nursing home facility takes the threat of infections seriously. Are patients kept separately when they are contagious? Does the nursing home offer infection prevention & control training to its staff? Do you see such training enforced? For example, do you see the staff washing hands regularly, wearing gloves, and using clean medical devices?

Renovations & Floor Plans to Prevent Falls

Good nursing homes often get renovations when they are needed and the layout of such nursing homes is designed to make it easier for the elderly to navigate. This includes slip-resistant flooring, light beams that guide along hallways and exits, unobstructed walkways, supportive furniture, (such as chairs with padding support and armrests), low-pile carpet that’s properly secured to the floor as opposed to loose rugs, shag or high-pile carpets, which are all considered a fall risk for the elderly.

While we hope these tips help you select the right facility for your elderly loved one, it’s not uncommon to see some nursing homes go back on their promises after admitting your loved one. If you notice that the care of your mom or dad is not what was promised, you may need a dedicated and experienced nursing home neglect or abuse lawyer. Our nursing home abuse and neglect lawyers in Chicago have over 50 years of combined experience with verdicts and settlements reaching millions of dollars. Contact the Dinizulu Law Group, Ltd. to fight for you and your loved one. We offer free initial consultations and can be reached by email or phone at 1 (312) 384-1920 or 1 (800) 693-1LAW.

Forced Arbitration & Worker Safety – What is at Stake?

August 6, 2018/in Blog, Civil rights law, Sexual abuse, Sexual harassment, Workplace Discrimination/by Yao Dinizulu

It is estimated that more than half of all American workers are subject to forced arbitration clauses. When this happens, employees can either choose to keep their jobs or sign a contract in which they forfeit their right to sue the company should a dispute arise. Signing an arbitration clause may also mean waiving the right to an appeal and, oftentimes, waiving the right to participate in a class action lawsuit.

The arbitration process means that rather than having employee disputes heard by a trial by jury, an arbitrator—or a neutral third party—will hear both sides and make the decision behind closed doors. This process typically favors the employer and keeps the issue out of the public eye.

When it comes to issues of sexual harassment or gender discrimination in the work place, these mandatory arbitration clauses become even more burdensome for employees. Meanwhile, a predatory culture of discrimination, intimidation and harassment is allowed to prevail at American workplaces.

Illinois Congresswoman Rep. Cheri Bustos introduced a bill at the end of last year that would end forced arbitration in sexual harassment cases. The bill, named the Ending Forced Arbitration of Sexual Harassment Act of 2017, has drawn bipartisan support in both chambers of Congress. While other Congress members from Illinois, such as Sen. Dick Durbin and Rep. Luis Gutierrez have endorsed the bill, there still needs to be more widespread support for this bill.

At the Dinizulu Law Group, Ltd., our civil rights and personal injury lawyers firmly believe that the right to a trial by jury is vital to our justice system. Forced arbitration not only prevents victims from getting the justice they deserve but silences them through intimidation while allowing the abuse to continue.

If you believe you are being discriminated against at work or were demoted or fired for reporting inappropriate behavior, know that there are options for you. The Dinizulu Law Group, Ltd. has over 50 years of combined experience and expertise to help you get the justice you deserve. Contact us at 1 (312) 384-1920 or 1 (800) 693-1LAW, or by email.

Commercial Trucker Causes Multi-Vehicle Collison in Illinois After Driver is Unable to Stop

August 2, 2018/in Blog, Uncategorized/by Yao Dinizulu

Turns out, his vehicle was 3,000 lbs. over his vehicle’s weight limitation.

The majority of commercial trucks that travel on our roadways today are essential to our economy. They transport goods to and from locations allowing businesses and other entities to operate successfully. While we need our commercial trucks to continue operating, it is important that the drivers along with the companies responsible for operating them comply with federal regulations to ensure the safety of both the driver and others on the roadway are never compromised. This means that truckers must stop driving when they reach their 11-hour mark and must only transport loads that won’t put their vehicle over the weight limit stipulated for their size vehicle. Read more