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Premise Liability: Who is Resposible?

CHICAGO, IL – Under Illinois law, property owners have the duty of care to maintain a safe environment so those who come onto their property don’t suffer from a personal injury. This responsibility is known as “premise liability” which holds property owners in Illinois liable for accidents and injuries that occur on their property.

Common types of premise liability cases

There are various types of premise liability cases which may include:

  • Slip and fall cases
  • Inadequate maintenance of the premise
  • Defective conditions on the premise
  • Inadequate building security leading to injury or assault
  • And more

Who can be held liable

Each personal injury and premise liability case differs. There may be various parties that can be held accountable for your injury including property owners, business owners, landlords, government property owners and more.

Duties owed to guests

Property owners and operators have a duty to guests and visitors to ensure the environment is safe from foreseeable injuries. Additionally, they must maintain the premises to keep a reasonably safe condition.

Any person who has the legal right to be on the property must be provided the standard of care that property is well maintained and free of hazards that could injury someone.

Types of damages available in Illinois

There can be a various types of compensation if you were injured on someone else’s property due to their negligence. Types of compensation may include:

  • Pain and suffering
  • Full compensation for medical expenses
  • Lost wages if the injured person is unable to work
  • Loss of personal enjoyment
  • Potentially punitive damages in cases of gross negligence

How the Dinizulu Law Group can help

The skilled team of premise liability and personal injury attorneys at the Dinizulu Law Group are here to help you! We understand the difficulty of these cases and will fight until justice is served. To receive a free consultation, call us today at (312) 384-1920 to learn how we can further assist you.

Multi-Vehicle Crash on I-80 Leaves Two Fatalities

CHICAGO, IL – A deadly crash involving three vehicles shut down I-80 in Morris, Illinois on Friday. At least three vehicles, including semi-trucks, were involved. Illinois State Police stated there were two confirmed fatalities.

Illinois State Police District 5 near Joliet said troopers responded to the multi-vehicle crash. A vehicle in the westbound lane crashed into the rear-end of another vehicle, causing it to travel through the median and into the eastbound lanes, according to police. The car that had been struck and hit another vehicle had rolled over across the center median striking a fourth vehicle. A fifth vehicle was hit due to the debris from the crash.

I-80 was reopened around 5 a.m. Saturday.

Avoid risky driving: 7 tips

Nearly six million car accidents happen every year, according to DriverKnowledge.com. There are precautions you can take to avoid car accidents.

  1. Don’t text or use your phone while driving
  2. Do not drive under the influence of drugs or alcohol
  3. Follow the speed limit
  4. Keep a safe distance
  5. Visually inspect your car before driving it (tires, gauges, gas and oil levels, etc.)
  6. Ensure that you and all passengers are wearing a seatbelt
  7. Use size and age-appropriate car seats for children

How to Report Nursing Home Neglect or Abuse in Illinois

CHICAGO, IL – There are a variety of options available to report nursing home abuse or neglect in Illinois. According to data provided by Nursing Home Abuse Justice, there are nearly 5 million elder abuse cases annually. More than 100,000 individuals live reside in Illinois nursing homes.

Who to contact

You can reach out to the following entities to report nursing home abuse or neglect in Illinois:

Regional Ombudsman

Ombudsman are officials appointed to investigate individuals’ complaints including nursing home abuse and neglect; however, they are not emergency responders. It’s important after reaching out to your local Ombudsman to alert them of abuse or neglect that you call 911. Your local Ombudsman will explain options for reporting abuse, residents’ rights and Ombudsman protocol for responding to complaints.

The Senior HelpLine can also help provide contact information for your Regional Ombudsman.

Illinois Department of Public Health

A Central Complaint Registry is operated by IDPH to record and investigate complaints against nursing home facilities, hospitals, and other home health agencies. You can call the hotline at 800-252-4343; however, it’s recommended to submit complaints online due to a high volume of calls. To submit an online complaint, please click here.

Healthcare and Family Services for Supportive Living Facilities Complaints

The hotline is available Monday through Friday from 8:00 a.m. to 5:00 p.m. at 800-226-0768. All calls are kept confidential.

Illinois State Police Medicaid Fraud Control Unit

The Illinois State Police Medicaid Fraud Control Unit investigates long-term care facilities related to Medicaid Fraud, abuse or neglect. Medicaid fraud may include defrauding the Medicaid system by billing for services that weren’t delivered or underdelivered. It may also include, but is not limited to, battery, sexual assault, and failure to deliver services or medications. To report Medicaid Fraud, abuse or neglect, contact 888-557-9503.

Contact a Chicago, Illinois Nursing Home Abuse and Neglect Attorney

If you believe your loved one has suffered abuse or neglect while living in their nursing home facility, you should contact a skilled nursing home abuse lawyer immediately. The experienced attorneys at the Dinizulu Law Group have the resources and knowledge to fight for your loved one until justice is served. To receive a free consultation, call 312-384-1920 now.

How to Choose the Right Nursing Home for Your Loved One

CHICAGO, IL – Choosing the right nursing home for your loved one’s needs can be a daunting and time-consuming task. Nursing home facilities offer around-the-clock care, provide 3 meals a day and often provide rehabilitation services. Here are a few things to consider when looking to place your loved one in the best nursing home suited for them.

Consider staffing

First and foremost, nursing homes are struggling nationwide over staffing shortages. Nurses are required to work longer hours while being significantly understaffed. The first thing you should consider is the staffing to resident ratio. Are nursing home staff members friendly, caring and empathetic towards your loved one? You should inquire how long staff has been employed by the facility, as well as turnover to provide insight into the quality of the nursing home.

Observe the environment

During your tour of the nursing home, make sure to mentally note what you’re observing. It’s important that the environment is hazard-free including proper lighting, handrails, etc. so your loved one doesn’t injury themselves. Are rooms and common places clean? Do residents’ look well-groomed? These are all things you should take into consideration.

Ask about activities

You don’t want your loved one to be couped up in their room all day. Make sure to ask the nursing home about what activities are available. Will your loved one be able to participate in activities safely? Make sure to ask if residents are friends with each other or make a mental note of this. It’s important that your loved one feels a sense of community.

Location

If it’s possible, you should find a facility that’s close to home to make visiting your loved one more comfortable. Regular visits from family members are crucial to ensure that they’re living in an environment that is safe and free of neglect or abuse.

Make a second visit

Try to make an unscheduled visit to the nursing home facility. Nursing home staff ensures they’re putting their best foot forward when taking you on a tour of the facility. While you may not get a tour, the facility should still be operating smoothly.

What Are the Stages of Bedsores?

CHICAGO, IL – Nearly 1.5 million U.S. adults reside in nursing homes. It’s no secret that nurses across the nation are struggling from being overworked and understaffed. When this happens, residents are more prone to neglect and abuse. One of the most common signs of neglect is bedsores. Bedsores, or pressure ulcers, are caused by pressure from lying in bed, sitting in a wheelchair or wearing a cast for a prolonged period of time.

Stages of bedsores

There are four stages of bedsores:

  1. Stage 1 is the mildest form of bedsores. The skin’s top layer is the only part affected. At this stage, the skin is not opened nor cracked. At this stage, nursing home staff should continuously check on the resident’s position, provide wound care, and regularly check to prevent bedsores from returning. Those who suffer from Stage 1 bedsores may recover in a few days; however, these ulcers should be treated immediately to prevent it from worsening.

    Symptoms may include mild burning or itching, feel firmer than surrounding tissue, have a warmer temperature from surrounding normal tissue, sore to touch and appear red in people with lighter skin and blue or purple in people with darker skin.

  2. Stage 2 is when the ulcer begins to penetrate the inner layer of skin and often times has fluid build-up or is blistered. The sore breaks into the second layer, but can be easily treated in a matter of days to avoid complications including inflections that can spread to the blood, bones and internal organs.

    Symptoms may include a shallow, crater-like wound, yellowish fluid blister that may or may not have burst, pain, swollen, sore or red tissue around the sore, drainage or pus at the ulcer.

  3.  Stage 3 unfortunately shows that neglect or abuse is already present. When the pressure ulcer breaks into the second layer of tissue, it may look like a cater and turn black due to the dead tissue surrounding the infected area. Antibiotics are required to be prescribed, along wit other supportive treatment measures to fight the infection and speed up the healing process.

    Symptoms may include pus, redness, foul odor, or discolored drainage.

  4. Stage 4 is the most severe kind of bedsore usually affecting the muscles and ligaments which can take months to heal, or worse, may never heal. Residents suffering from stage 4 bedsores need to be taken to the hospital immediately where surgery may be required.

    Symptoms may include extreme pain, drainage, dead tissue, visible muscles or bone, or a dark, hard substance known as eschar.

How to prevent bedsores

Bedsores can be prevented by nurses and nursing home staff inspecting the residents skin for areas of redness, particularly paying close attention to bony areas. Other methods to prevent bedsores may include:

  • Turning and re-positioning residents every 2 hours from their bed or wheelchair
  • Provide soft padding in wheelchairs to reduce the likelihood of pressure ulcers from forming
  • Helping residents sit upright in a wheelchair, changing positions every 15 minutes
  • Providing good skin care by keeping the residents skin clean and dry
  • Providing residents with good nutrition

Congress passed the Elder Abuse Protection and Prosecution Act in 2017 to prevent pressure ulcers and other injuries of mistreatment towards elder individuals. The U.S. government has also emplaced the Residents’ Bill of Rights to ensure residents living in nursing home facilities are treated fairly and with dignity.

When to contact a nursing home neglect lawyer

Bedsores are typically the result of insufficient and negligent care. If you know something is wrong and your loved one is suffering, you should immediately contact an experienced nursing home neglect and abuse lawyer. The knowledgeable and skilled attorneys at the Dinizulu Law Group are here to help you. Call us today at (312) 384-1920 for a free consultation and to learn how we can help you.

Nursing Homes Are Suing Family and Friends to Collect Patients’ Bills

CHICAGO, IL – America’s health care debt crisis is only getting worse, especially for those who have loved ones living in a nursing home facility. Nursing homes are now going after the relatives and friends of residents who don’t pay their bills.

NPR and Kaiser Health News dug into court records in Rochester, N.Y., and found that children, grandchildren, friends, neighbors and other family members have been sued – some upwards of $10,000. There were nearly 240 debt collection cases filed by nursing homes in and around the Rochester area between 2018 and 2021.

Unfortunately, this isn’t just happening in New York. Nursing home industry officials have seen lawsuits in California, Illinois, Kentucky, Massachusetts and Ohio.

The hang-up of why relatives and friends are being sued for their loved ones bills is admission agreements. An admission agreement is a legally binding contract that defines and describes a resident’s legal relationship with the nursing home. Often times, whoever signs the documents as a responsible party is who the nursing home will go after to collect payments.

Federal law prohibits nursing homes from making relatives sign an admission agreement; however, the reality is that they do get asked to sign it.

Importance of Not Signing a Nursing Home Admission Agreement

Some people sign admission agreements without realizing what they’re agreeing to and can ultimately end them facing a lot of trouble. Agreements can contain illegal or misleading provisions.

If you have signed an admission agreement and your loved one isn’t paying their bills, you could be accused of breaching a contract. It’s critical that you do not agree to be the “responsible party” so you are not responsible for the residents unpaid bills.

Ensure that you’re reviewing the admission agreement for terms like “responsible party,” “guarantor,” “financial agent,” or something similar. If possible, you’re loved one should fill out the paperwork themselves.

Arbitration Provision

A majority of nursing home admission agreements contain a provision that states all disputes regarding the resident’s car will be decided through arbitration. Arbitration is the process in which two parties attempt to settle a dispute by making a decision they both agree to. By signing an admission agreement that contains arbitration provisions, you are waiving your right to go to court to resolve the issue.

Since a nursing home can’t force you to sign an arbitration provision, it’s best not to. It will save you time and money in bills, fees and potentially court.

Best Nursing Homes in Illinois

CHICAGO, IL – The list of best nursing homes in Illinois has been released by U.S. News. Out of the 707 nursing homes in the state, 95 received an overall rating of 5 out of 5.

U.S. News reviews nurse staffing levels, health inspections, quality measures and other key data to determine each facility’s rating. Beginning in 2009, the U.S. News Best Nursing Homes rating have relied on data from Nursing Home Compare, a tool ran by the Centers for Medicare & Medicaid Services (CMS).

In 2018, U.S. News added a Short-Term Rehabilitation rating, evaluating the care delivered to patients after a hospitalization for surgery, a heart attack, stroke, injury or similar condition.

In 2019, a Long-Term Care rating was added to evaluate the care delivered to residents who can no longer live independently and rely on help with daily activities such as eating, administering medication or getting in and out of a wheelchair.

For a facility to be eligible for rating, a home must receive reimbursement from CMS in July of 2021 and had sufficient data to evaluate quality in that rating.

To be recognized as a U.S. News Best Nursing Home, a facility must be “high performing” in short-term rehabilitation, long-term care or both.

To view data and learn more about the best nursing home facilities in Illinois, click here. The U.S. News Best Nursing Home report provides an overview of nursing home facilities, a resident safety summary including information on staff and resident COVID-19 vaccination rates, costs, inspections and more.

How Fall Accidents Can Lead to Brain Injuries

CHICAGO, IL – As our loved one’s age, they become more susceptible to suffering from fall accidents that could end up injuring themselves. One in three individuals aged 65 and older have a fall each year which only increases with age, according to the National Institute of Aging.

When placing your loved one in an assisted living or nursing home facility, you want to believe you can trust staff members to provide them with the best quality of care. Unfortunately, this isn’t always the case. Nursing home staff have a duty to ensure that residents live in a facility free of abuse and neglect. Fall accidents at this age can be catastrophic and lead to brain injuries.

Outcome of Brain Injuries from Fall Accidents

Studies have shown that traumatic brain injuries (TBI) can lead to impaired thinking or memory and long-term cognitive, emotional, and functional impairments. The CDC has said that nearly 1,800 individuals living in nursing homes die each year from fall accidents with many residents falling more than once. This averages out to 2.6 falls per person, per year.

Fall accidents can result in:

  • Broken bones including a persons wrist, arm, ankle, foot, or hip fracture
  • Head injuries especially if a person is on medication like blood thinners

Conditions That Are More Prone to Fall Accidents

Experts have studied the various conditions that may contribute to an elderly individual suffering from a catastrophic fall. Some risk factors that lead to more falls include:

  • Use of medication including sedatives, tranquilizers, or anti-depressants. Some over-the-counter medication may also affect a person.
  • Vitamin D deficiency
  • Lower body weakness
  • Difficulties with walking and balance
  • Vision problems
  • Foot pain or poor footwear
  • Hazards like uneven surfaces, throw rugs that can be tripped over, or broken steps

Nursing Home Neglect Can Lead to Brain Injuries

Nursing homes should be free of hazards that could cause a resident to fall and injury themself. Staff should ensure that liquids are cleaned from the floor so that a resident doesn’t slip-and-fall. It’s also important that if a resident needs assistance with getting in and out of bed, for example, that staff is there to help. Otherwise, a resident may try to get out of their bed or wheelchair themselves and ultimately injury themselves.

When staff members are negligent towards residents, it can lead to accidents and in some tragic cases even death. Stories have surfaced how nursing home staff members can become so frustrated that they abuse the resident, causing them to stay silent about the abuse and not seek medical treatment. This type of behavior is unacceptable and is a direct violation of their rights.

Contact a Chicago, Illinois Nursing Home Neglect and Abuse Lawyer

If your loved one suffered a fall accident at their nursing home facility, contact the nursing home abuse and neglect attorneys at the Dinizulu Law Group to help guide you through your legal options. Our team of skilled and experienced lawyers offer free, no obligation consultations. Call us today at (312) 384-1920 to learn more.

Common Factors of Semi-Truck Accidents

CHICAGO, IL – Truck drivers know the importance of preparing their trucks before heading on the road in the event of a breakdown. It’s important to know the most prevalent causes of semi-truck breakdowns so you can prepare accordingly. Under federal law, the Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers to do inspections before each haul to ensure all parts are working properly.

Brakes

Brakes are one of the most critical components of any motor vehicle, specifically for tractor trailer’s size and weight. When brakes to semis fail, it can cause catastrophic injury or death. Brakes of semi-trucks are suspectable to damage due to the amount of friction they’re exposed to daily. Heat and air leaks can also cause a semi’s brakes to not proper functionally.

Tires

Constantly driving semi-trucks across the country will eventually wear and tear. If a tire blows out on a semi-truck, it can cause problems for other vehicles on the roadway. It’s critical to check tire pressure to ensure their properly inflated and ready to hit the road.

Battery or Alternator

Luckily for truck drivers, a truck’s battery or alternator light will flicker when a truck is idle, indicating the truck driver needs to check the semi-truck’s battery immediately. Operating semi’s in colder areas can cause more battery issues, as well. Most semi-truck batteries have a lifespan of at least three to five years, but can be shorted if forced to function in frigid weather.

Engine

Just as if your battery is old, if your engine is old, they are more prone to problems. The most common sign is receiving less mileage than normally, in addition to your semi-truck being unable to reach the same speeds it once could.

Age

Even if your semi-truck is reliable and well-oiled, the wear and tear can have an impact on it’s ability to perform. Especially if you’re driving an outdated semi, it’s important that you maintain your truck properly and regularly to avoid it breaking down. The more upkeep you do, the less work it will be for you in the long run.

Injured in a semi-truck accident?

Nearly 500,000 trucking accidents happen each year in the U.S. resulting in almost 5,000 deaths per year. If you or your loved one has been injured in a semi-truck accident, call one of our experienced personal injury and trucking attorneys at the Dinizulu Law Group. Call us now for a free case evaluation at (312) 384-1920.

Illinois Nursing Home Forced to Shut Down Within Weeks

CHICAGO, IL – An Illinois nursing home is being forced to closed in the small town of New Athens, nearly 35 miles away from St. Louis, causing confusion amongst residents and their families about where they will go next.

Residents and their loved ones found out on Friday that they had two weeks to find a new place to reside. The New Athens nursing home has been a top asset for the small town of just under 2,000 residents.

New Athens For The Aged has been an excellent source of assisted living or nursing home services for residents in the small town for countless years. The COVID-19 pandemic brought upon staff shortages and various violations. The Illinois Department of Public Health (IDPH) fined the nursing home $50,000 for failing to test a resident for COVID-19 in November; additionally, fourteen of the 40 residents ended up testing positive for COVID-19 while four died.

“I don’t know where they will go,” the mayor told Fox 2 Now.

The Centers for Medicare and Medicaid Services (CMS) notified the nursing home the Medicare and Medicaid programs would be terminated on June 14, make it impossible for the non-profit home to continue operating.

An IDPH spokesperson mentioned they were working to place all residents in a new home by this week.

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