Uncategorized | Dinizulu Law Group, Ltd

Concerns Regarding Nursing Home Residents with Alzheimer’s or Dementia

February 19, 2021/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – Approximately 44 million people worldwide are living with Alzheimer’s disease or some form of dementia (Alzheimer’s News Today). Nursing home residents who suffer from Alzheimer’s or dementia may struggle to recall memories, and accurately interpret the world around them. Those who suffer from Alzheimer’s or dementia may become confused easily and even combative with other residents and nursing home staff. If your loved one suffers from dementia and is living in a nursing home, it’s important to understand some of the unique issues he or she may face while living in a nursing home.

Wandering and Elopement

Nursing home residents who suffer from cognitive impairment due to dementia or a related illness are at a high risk of wandering and elopement. A confused resident may wander into dangerous parts of the facility and be seriously hurt.

Four patterns of wandering as described by Myra A. Aud, PhD, RN to Sage Publications is described as:

Direct Travel: movement from one area to another without diversion.
Random Travel: roundabout or haphazard movement to many locations within an area without interruption.
Pacing: a repetitive movement that involves walking back and forth in a limited area.
Lapping: a repetitive movement that involves following a circular path around a larger area.

Safety issues related to wandering include both falls and wandering away (elopement). In long-term care settings, wandering interferes with caregiving activities. For example, if a resident who tends to wander infringes on territorial spaces of other residents, this may provoke a personal conflict.

Elopement is the act of wandering away from a safe residence, which is extremely dangerous for those who suffer from a cognitive impairment. An estimated 60 percent of residents with Alzheimer’s disease or dementia will wander away at least once.

Wandering is not only dangerous, but is difficult to predict where a resident could go next. All cognitively impaired long-term care facility residents that are cognitively impaired are presumed to be at-risk for wandering, even if they have no past history of doing so. Although some residents with Alzheimer’s or dementia may inadvertently wander away from a safe area by following staff and visitors as they leave while others actively test locked windows or doors and express a desire to leave.

Possible reasons for wandering include, but are not limited to:

A desire for variety such as leaving a confined area for the setting viewed through windows and doors.
A desire to go home or to work.
A desire to leave the current environment and its stresses.

Wandering and elopement can result in a resident being seriously harmed or even deadly.

Physical Abuse and Sexual Abuse

Nursing homes should be a safe place for the elderly community. Unfortunately, that’s not always the case. Some nursing home residents are victims of physical, psychological, emotional, and sexual abuse. Residents who suffer from Alzheimer’s disease and dementia are more vulnerable to this type of malicious treatment. Perpetrators may target these residents knowing they will likely struggle to report the abuse and could possibly continue to abuse this resident if they think no one may believe them.

Common people who can commit sexual abuse in nursing home facilities:

Nurses, aides, or other staff members.
Criminals who invade the facility.
Fellow residents.

Signs of sexual abuse may include:

Physical signs of abuse, such as bruising or blood-stained bedding.
Elderly person contracting a sexually transmitted disease.
Displaying fear towards a particular caregiver or resident at their long-term care facility.
Newly developed depression or anxiety.
Withdrawal from normal activities.

Sexual abuse in nursing homes is often underreported and is due to the social stigma behind sexual assault, or fear or retribution by the perpetrator. According to the Administration for Community Living (ACL), there were 20,000 complaints of sexual abuse in nursing homes over the past 20 years. On average, about three people a day in nursing homes are sexually abused.

The National Consumer Voice for Quality Long-Term Care mentions female nursing home residents who suffer from Alzheimer’s or dementia are more likely to be sexually abused. According to the Centers for Disease Control and Prevention (CDC), “1 in 5 women have been either raped or suffered an attempted rape, compared to 1 out of 38 men.”

Medication Mistakes

Most residents in long-term care facilities often rely on one or more prescription medications. They may not remember if they took their medication or not on any given day. Medication mistakes often go unnoticed and residents who suffer from cognitive impairments are at high-risk for missed medications, mixed-up medications, incorrect administration techniques, and other medication mistakes.

Contact a Cook County Nursing Home Injury Lawyer

Nursing home staff are required to provide residents with the standard of care and should take precautions to ensure that residents suffering from dementia and Alzheimer’s disease are safe. If your loved one suffered from nursing home abuse or nursing home neglect, you may be able to hold the facility responsible and recover damages through a nursing home injury claim. Contact one of our experienced nursing home abuse and nursing home neglect attorney’s today for a free consultation at (312) 384-1920 or visit our website for more information.

When Is a Nursing Home Responsible for a Resident’s Death?

February 16, 2021/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – Nursing home residents are normally elderly individuals, sometimes in poor health, so unfortunately, nursing home deaths are not uncommon. Many residents succumb to his or her illness or of old age; however, there are certain situations where death is preventable. If you have lost a loved one living in a nursing home facility, you may question whether your loved one’s death was caused by poor care or neglect. If a nursing home’s wrongful death or negligent actions lead to a resident’s death, the surviving family members have the right file a wrongful death claim against the nursing home facility.

How Do I Know If My Loved One’s Death Was a Wrongful Death?

Wrongful death is “a death caused by the wrongful act of another, either accidentally or intentionally,” (Cornell Law School). When a party is negligent, careless, or wrongful actions lead to another person’s death, had that person survived, he or she would be entitled to bring a wrongful death claim against the party. Wrongful death claims is intended for a family member of the deceased individual to obtain compensation for the companionship lost due to the death of your loved one. Wrongful death claims attempt to offset any financial hardships you may face while dealing with your loved one’s death.

A skilled wrongful death lawyer will use a variety of strategies to investigate your loved one’s death. Documents included in wrongful death claims include all medical records, staff schedules, witness statements, incident reports, the nursing homes policies and procedures, and photos and videos of the facility.

Signs Your Loved One’s Death May Be a Wrongful Death

Some common signs of wrongful death include:

Nursing home staff failed to provide necessary medical care in a timely manner.
Your loved one was not consistently receiving his or her medications.
Your loved one suffered from dehydration or malnutrition.
Your loved one has bed sores or other signs of neglect.
Your loved one had injuries caused by physical abuse or sexual abuse.
The nursing home did not report your loved one’s fall or other injury-causing accident.
The nursing home failed to transfer your loved one to an appropriate facility when he or she needed a higher level of care.
The nursing home failed to prevent wandering, elopement, or resident-on-resident violence.

Bringing a Wrongful Death Claim Against a Nursing Home

While there is no legal recourse you can take that will replace your tragic loss, wrongful death claims can hold a multitude of entities accountable, including the facility, administrators, doctors, and nurses, and other staff members. Bringing forth a wrongful death claim may also allow you to recover financial compensation for the losses resulting in your loved one’s death. You could be entitled to compensation for medical expenses, funeral and burial costs, and your own grief and suffering.

Contact a Chicago, IL Nursing Home Negligence Lawyer

If your loved one’s death was preventable due to another’s negligence, contact one of our skilled nursing home wrongful death attorneys at Dinizulu Law Group. Call our office at (312) 384-1920 for a free, no-obligation consultation with one of our Cook County wrongful death attorneys. Our experienced attorneys know when our clients are being mistreated and work hard to help you seek the justice that you and your family deserve.

Trucking Accident FAQ’s

February 15, 2021/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – Semi-trucks, tractor-trailers, and other commercial trucks are frequent sights on America’s roadways. Injuries from a collision with a large truck can be serious, life-changing, and sometimes even deadly. The truck accident attorneys at Dinizulu Law Group know the physical and emotional impact a truck accident may have on victims. Below we have compiled FAQ for your review to understand what action you or a loved one should take after an accident.

What Should I Do if I’m Involved in an Accident with a Commercial Truck?

Upon making sure everyone at the scene of the accident is okay, you should immediately report the accident to the police and the insurance company and begin the process of hiring an Illinois truck accident lawyer.

The first thing you should do, if you’re able to, is report the accident to the police from the scene and obtain a police report. Given the size and weight of these trucks, it is more likely than not you have been injured.

If you are able to, make sure you document the scene of the accident. It’s important to take pictures of the scene and get contact information from all witnesses to the accident. If you’re unable to document the accident from the scene of an accident, try to contact an attorney from the scene to arrive at the scene and document the scene for you.

Next, you need to report the accident to your insurance company so they can start your claim. Your insurance will be informed of what happened in the case they are contacted by the truck driver’s insurance company. You will then need to think quickly about obtaining legal representation because any action you take in the aftermath of the accident may determine whether you are able to receive a settlement in your case.

Do I Need Legal Representation if I’m Injured in An Illinois Accident Involving a Large or Commercial Truck?

There is no legal requirement to hire an attorney; however, it’s not easy to represent yourself in a personal injury claim. Having an experienced truck accident attorney can help you present the strongest possible claim.

If you have been involved in an accident with a large or commercial truck, you should hire an Illinois trucking accident attorney. If you have been involved in this type of an accident, your injuries are likely to be severe which will present many different challenges and costs to you.

At the same time, you may be dealing with a company’s insurance which presents a challenge in and of itself. An insurance company will not likely write a large settlement check without making some effort to lower the amount of their obligation.

An Illinois truck accident attorney can not only deal with the insurance company, but can be a trusted advisor and counsellor as you deal with a difficult period. Attorney’s have experience addressing truck accidents and will have a better of idea what to expect.

Can I Sue the Company Where the Truck Driver is an Employee?

This depends on the truck driver’s employment status and what they were doing at the time of the accident.

The general rule is that an employer can be held liable for the acts of their employees if they are committed within the scope of employment. In other words, when an employee is on the job and they are negligent, anyone who is injured because of their negligence may sue the company for whom they work because everything the truck driver does is a representation of their company. While this may seem straightforward, if the case goes to trial it can become somewhat difficult because of the various factual questions that must be addressed.

An exception to this rule is that many companies try to designate their driver as independent contractors which means they are not employees of the company. As a result, there is no employer/employee relationship and this will usually get the company off the hook when it comes to liability. Although this may seem unfair, it has been a longstanding legal rule.

Employees must also have been engaged in job duties at the time of the accident. If they were taking the company truck on a personal errand or were driving to and from work, the employer may not be held liable since the accident wasn’t within the scope of their employment. There are many other factual questions that come into play and an Illinois truck accident attorney can help you establish and prove the facts of your case.

How is Fault Determined in a Truck Accident?

Investigating the accident scene, eyewitness testimony, and the police report are all tools that help determine fault in a truck accident. An experienced truck accident attorney will also investigate the driver and the company that employs them. Facts in assigning fault include:

How the truck driver was hired and trained;
How many hours they were working;
And the condition of the truck

How Much Is My Truck Accident Case Worth?

The details of each accident are unique, so there is no standard amount that can be quoted. There are many factors that go into determining how much a truck accident case is valued at, including medical expenses, lost wages, and possibly funeral expenses – in addition to pain and suffering. Compensation for a truck accident can provide recovery in these areas:

Payment of medical bills
Treatment for injuries not covered by insurance
Lost wages and loss of ability to generate income
Loss of consortium
Pain and suffering
Vehicle damage

How Much Does it Cost to Hire a Truck Accident Attorney to Represent Me?

The Dinizulu Law Group works on a contingency basis, meaning you pay nothing upfront or out of pocket and our attorneys are only paid if you are. Instead, you sign a representation agreement that states payment in terms of the percentage of your recovery. If you do not receive a settlement or win the case that goes to trial, you do not need to pay the lawyer for their services. The representation agreement spells out whether you are responsible for certain other court costs in the even that you do not win your case.

An Illinois truck injury lawyer is usually paid about one third of your settlement amount as compensation for their services. Lawyers must tell you about their fees at the time you hire them to represent you and you will agree to their fees in writing. No oral fee agreements are allowed. In the event your case goes to trial, the lawyer may receive a slightly higher percentage of the jury award because trials require attorneys to expend their time and effort, and they take risk that they will lose the case. The lawyer’s fee comes straight from the settlement amount and they are paid from it.

Usually, attorney’s do not accept every case that is brought to them because they are paid on contingency. If they are not successful in helping you recover your injuries, they will not be paid; therefore, they want to minimize the risk that they are working uncompensated time because it hurts their ability to earn a living. While you may hesitate to hire a lawyer since they receive part of your settlement, not having legal representation can make the settlement process more difficult for you.

Should I Try to Settle my Truck Accident Case with the Insurance Company?

You should try to reach a settlement agreement with the insurance company, but must be prepared to take your case to trial if necessary. Most times, both parties want to avoid a trial if they can. Trials are expensive, extremely time consuming, and introduce an uncertainty for everyone.

Settlements are not reached overnight. They may be lengthy and protracted negotiations. The insurance company may not make you their best offer, and often, they will not make you a good offer at all. Oftentimes a lawsuit is needed to be filed because without it, the insurance company may never make you a fair offer. Sometimes, they don’t try to settle until the eve of the trial.

An overwhelming majority of truck accident cases result in settlement and very few cases go to trial. Unless your claim is totally without merit or you are very clearly at fault, the insurance company will likely make you a settlement offer; however, it’s often difficult for the average person to know the value of their claim. The insurance company does know what your claim is worth because of their statisticians, specialists, and lawyers. Properly valuing your claim is one reason why you would need an experienced Illinois truck accident attorney.

What Needs to be Proved in a Truck Accident Lawsuit Involving Personal Injury

In order to prevail in a lawsuit, you need to prove the driver of the truck was negligent by which means that:

You were owed a duty of care
The duty of care was breached
You were injured
The other driver caused your injury

You must prove a four-part test to show the defendant should be held liable for your injuries; however, each element may be disputed if your case goes to trial.

The first element of the test is that the other drive owed you the “duty of care.” This is the duty the driver owes to every other driver on the roadway, meaning the driver must follow some standard of behavior when driving to act as a reasonable driver would. Second, you must prove the driver breached this duty of care and acted unreasonably. What’s considered to be unreasonable must be proven at trial; however, other things such as speeding and otherwise driving dangerously would be considered to be unreasonable.

After you prove the truck driver has acted unreasonably, you must show you have suffered an injury. If you have proven your injury, you must demonstrate that it was the truck driver who was the proximate cause of your injury. You must prove all four of these elements, and if you fail at any one of them, there will be no finding of negligence and the case will not be ruled in your favor.

What Parties can be Responsible in a Trucking Accident Involving Injuries or a Fatality?

After a simple car accident, it can be quite easy to determine responsibility; however, trucking accidents trigger different legal and business issues. Some profiles of common parties held responsible in Illinois truck accidents include:

The truck driver
The truck driver’s employer
The entity that owns the trailer
Any vendor or party that worked on or for the truck or trailer including repair shops
The maker or seller of the truck or trailer

Every new defendant opens up a new spring for recovery including insurance parties. If the truck accident caused a serious injury or death, your attorney will need to determine all possible defendants and categories of recovery before it is too late.

How Long Does It Take to Settle a Lawsuit?

It may take a few months to years to settle a truck accident case filed in Cook County Circuit Court. The process can be lengthy because of identifying the facts of the accident and party at fault can be quite cumbersome. Understanding the laws of Illinois that give right to recovery and what that recovery may be can test even the smartest lawyers.

Convincing the defendant of your ability to win at trial and by how much will prove tricky. If the matter goes to trial, it can last another year or two; therefore, truck accident victims in Illinois should move swiftly and consider contacting an attorney as soon as possible.

How Long Do I Have to File My Lawsuit in Illinois?

Plaintiff’s have two years to file a lawsuit after a truck accident in Illinois suing for negligence related to personal injury or wrongful death (735 ILCS 5/13-202). Most plaintiff’s sue for negligence which means the defendant acted unreasonably and caused the crash as well as the plaintiff’s damages. Plaintiff’s have two years as well to make a products liability claim following a truck crash (735 ILCS 5/13-213). Claimant’s must show that a defective product let to a crash and injury after being used reasonably and foreseeably.

Nursing Homes Ease COVID Lockdown for Essential Caregivers Program

February 9, 2021/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – Vaccination campaigns and reduced COVID-19 transmission may soon bring visitors back to nursing homes, but one state is using legislation to wedge the doors open now.

The Essential Family Caregiver Guidance program allows residents to appoint up to two caregivers who can enter their nursing home facility to help with meals, grooming, and companionship – even when a community spread or positive test in the building may otherwise keep guests out. The program is being overseen by the state health department.

Who Qualifies as an “Essential Caregiver?”

Essential caregivers are not general visitors. These individuals meet an essential need for the resident by assisting with activities of daily living or positively influencing the behavior of a resident. The goal is to help ensure high-risk residents continue to receive individualized, person-centered care.

Guidance by the Illinois Department of Public Health (IDPH) states:

The facility should establish policies and procedures for how to designate and utilize essential workers (EC) that include visitation parameters and a process for communication with residents and families.
The facility should encourage visits by ECs except during outbreak situations in the facility or when the resident being provided essential care has tested positive or is symptomatic for COVID-19. At such times, the administrator or director of nursing home should determine if EC visits are appropriate or can be considered under compassionate care visitation.
The facility should permit flexibility in scheduling EC visits, such as allowing evening and weekend visits, to accommodate the needs of the resident and the EC.
The facility may establish time limits as needed to keep residents safe. Scheduling of EC visits may consider the number of ECs in the building at the same time.
The facility must consult the resident or guardian to determine whether the resident or guardian wants to designate someone as an EC. Consider family members, outside caregivers, friends, or volunteers who provided regular care and support to the resident prior to the pandemic. Individuals may also be designated if different care needs arise (e.g., significant change in condition resulting from a fall, weight loss, or change in mental or psychosocial status).
Residents may designate more than on EC based on needs (e.g., more than one family member may split time to provide care for the resident). If multiple ECs are designated, a schedule should be established by the administrator or director of nursing, in collaboration with the ECs and resident.
The EC will maintain a distance of at least 6 feet from other residents and staff and wear appropriate PPE when they are in the facility.
ECs must be screened, tested, and provided PPE in accordance with the health care personnel guidance in the facility’s COVID-19 plan. The facility must document that it has trained the EC on proper infection control, including hand hygiene and appropriate use of PPE. Long-term care facilities licensed by IDPH must test ECs for COVID-19 as required by emergency rule.
The EC will provide care and support in the resident’s room or in facility-designated areas within the building. The EC must limit movement in the facility and ensure separation from other residents in shared rooms by use of curtains or partitions.
The EC may take the resident outdoors, while wearing appropriate PPE. The resident should wear a face covering, as tolerated. The EC should not take the resident off campus, expect in accordance with the IDPH Reopening Guidance.
If the EC fails to appropriate use of PPE, social distancing from other residents and staff, other COVID-19 related rules, or any other facility policies, the facility may restrict or revoke EC visits. Facility staff must first discuss the violation and the necessary corrective action with the EC and resident prior to instituting any restriction or revocation of EC visits.

Indiana is the only state considering a bill that would require all 534 of the state’s skilled nursing facilities to participate in an Essential Family Caregivers Program.

Zach Cattell, president of the Indiana Health Care Association, told McKnights, “At the end of the day, administrators, nurses, the folks who provide this hands-on care, they want to protect their residents… We also want highly involved family members. We want our communities to be open. These are peoples homes.”

A Model for Others?

It’s unclear how many states are considering similar legislation fixes while waiting.

In Pennsylvania, a 400-member group rallied around the state capitol demanding lawmakers to expand visitation rights to nursing home residents.

The American Health Care Association stressed the need to remain vigilant about infection control as restrictions ease.

What if My Nursing Home Was Found Noncompliant with Federal Regulations?

February 8, 2021/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – If a nursing home is found noncompliant with federal requirements, the infraction depends on the nursing home’s general history and the infraction itself. Every nursing home that accepts Medicare and Medicaid payments are subject to federal regulations under the Nursing Home Reform Act of 1987. The reform law was adopted to ensure each resident receives quality care free of all neglect, abuse, and mistreatment.

The law requires federal oversight of nursing homes and for states to also inspect nursing homes regularly for violations. The state uses specific criteria when inspecting facilities that includes whether a deficiency is an isolated incident or whether the deficiency causes immediate harm to a resident.

Understanding Federal Nursing Home Regulations

According to federal nursing home regulations, nursing homes must:

Conduct comprehensive, accurate assessments of each individual’s functional capacity
Provide necessary assistance needed for a resident to carry out regular daily activities, such as good hygiene, grooming, and healthy nutrition
Prevent a resident’s ability to bathe, groom, dress, move around, use the bathroom, eat, and communicate from deteriorating
Ensure residents receive proper treatment and supportive devices to maintain their vision and hearing
Work to prevent residents from developing bed sores and pressure sores by prevention infection and encouraging mobility
Have an adequate amount of trained nursing staff
Develop a comprehensive care plan for each resident, which must involve the resident
Ensure residents receive adequate supervision to prevent slips and falls in nursing homes
Help residents avoid dehydration and malnutrition
Ensure that residents receive adequate medical attention and medication, limiting medical mistakes

Nursing homes are required to treat each resident with respect, dignity, and courtesy to keep records about their progress and any regressions.

Factors That Determine the Severity of a Deficiency

There are four factors that determine the severity of a deficiency:

Level 1 – No actual harm with potential for minimal harm: A deficiency that has the potential for causing no more than a minor negative impact on the residents or employees;
Level 2 – No actual harm with a potential for more than minimal harm that is not immediate jeopardy: Noncompliance with the requirements that results in the potential for no more than minimal physical, mental, and/or psychosocial harm to the residents or employees and/or that result in minimal discomfort to the residents or employees of the facility, but has the potential to result in more than minimal harm that is not immediate jeopardy;
Level 3 – Actual harm that is not immediate jeopardy: Noncompliance with the requirements that results in actual harm to residents or employees that is not immediate jeopardy;
Level 4 – Immediate jeopardy to resident health or safety: Noncompliance with the requirements that results in immediate jeopardy to resident or employee health or safety in which immediate corrective action is necessary because the provider’s noncompliance with one or more of those requirements has caused, or is likely to cause, serious injury, harm, impairment or death to a resident receiving care in a facility or an employee of the facility.

Factors that Determine the Scope of a Deficiency

There are three levels that are used to determine the scope of a deficiency: isolated, pattern, or widespread. The scope levels reflect how residents were affected by the deficiencies cited:

Isolated: When one or a very limited number of residents or employees is/are affected and/or a very limited area or number of locations within the facility are affected;
Pattern: When more than a very limited number of residents or employees are affected, and/or the situation has occurred in more than a limited number of locations by the locations are not dispersed throughout the facility;
Widespread: When the problems causing the deficiency are pervasive (affect many locations) throughout the facility and/or represent a systemic failure that affected, or has the potential to affect, a large portion or all of the residents or employees.

Punishment for Noncompliance

Any nursing home who fails to comply with federal regulations set forth by the Centers for Medicare and Medicaid (CMS) are subject to sanctions.

CMS and state agencies can punish nursing homes that fail to meet compliance, as well as those that regularly perform poor during inspections. Sanctions are based on the seriousness of offenses and may include:

Appointing temporary managers for facilities
Hosting training and other workshops for staff members
Creating directed plans of correction
Imposing a sliding scale of fines
Removing homes from Medicare and Medicaid

Under federal guidelines, nursing facilities in violation can be terminated from Medicare and Medicaid if they fail to remedy issues within six months. Being removed from the program means the nursing home can no longer accept patients who pay with Medicare and Medicaid.

Notifications Nursing Homes Receive When They Are Noncompliant

When nursing homes are not in compliance with federal regulations, CMS or the state must give the facility notice of the remedy, including:

The type of remedy being imposed
The nature of the noncompliance
The effective date of the remedy
The home’s right to appeal the determination that led to the remedy

How to Find Information about Specific Nursing Homes

The Nursing Home Compare tool contains information on every Medicare and Medicaid certified nursing home in the country. For nursing homes not certified under Medicare or Medicaid, check specific State website if available.

Contact a Nursing Home Abuse Attorney in Chicago, Illinois

If you suspect your loved one is being abused or neglected by their nursing home facility that is noncompliant with federal regulations, please contact one of our experienced nursing home abuse attorneys today. Our attorneys are well-seasoned and know when our clients are being mistreated. Contact the Dinizulu Law Group located in Chicago, Illinois today at (312) 384-1920 for a free consultation or visit our website for more information.

Never Sign An Arbitration Clause in Nursing Home Contracts

February 4, 2021/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – Nursing homes in Illinois often ask residents to sign an arbitration agreement as long as it is drafted in compliance with Illinois law. Some nursing homes practice forced arbitration by removing residents right to file a claim through the public court system in a formal, signed agreement. The American Bar Association (ABA) defines arbitration as “a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments.”

Arbitration is similar to what happens in trial in terms of those who are involved will present their case along with evidence to an arbitrator; however, parties may not have to follow state or federal rules of presenting evidence. At the same time, arbitrators are not always required to apply the governing law.

The American Association for Justice (AAJ) collected five years of data on consumer and employment forced arbitration reported by the nation’s two largest arbitration providers: the American Arbitration Association (AAA) and Jams. The findings concluded were:

On average, only 382 consumer per year win a monetary forced arbitration.
There are more than 800 million arbitration clauses estimated to be in effect. The study found there are only 6,000 consumer arbitration claims filed each year.
Over the five years studied, consumers brought 6,012 claims valued around $3.7 billion in damages. They won monetary awards in only 131 cases.
Americans are more likely to be struck by lightning than they are to win a forced arbitration.
Over the span of the five-year study, only 16 nursing home arbitrations were reported to AAA. No residents won their case while nursing home corporations won four of the six they initiated.

How Americans Are Hurt By The Fine Print

Nursing homes facilities often try to sneak protections for themselves into Admission Agreements before residency even begins. The effects arbitration clauses have on residents can be determinantal. The AAJ mentions the effects residents endure by not reading arbitration clauses:

One-sided requirements: Most forced arbitration clauses require residents to waive their rights, while allowing nursing homes to sue in court.
High costs: In addition to hiring a lawyer, the resident or family has to often pay hefty fees just to initiate their case and pay their share of the arbitrator’s hourly charges. Forced arbitration clauses also allow the nursing home to choose the location, regardless of the inconvenience or costly travel for the resident.
Biased Decision-Makers: Nursing homes are repeat users of an arbitrator, meaning there is a disincentive for arbitrators to rule in favor of nursing homes.
Weak Civil Justice Safeguards: Forced arbitration clauses often have tight restrictions on the individual’s ability to argue his/her side of the case. For example, many arbitrators restrict the individual’s ability to obtain necessary evidence. It is also nearly impossible to appeal decisions by arbitrators. According to experts cited by the Washington Post, the amount of damages awarded, if any, has the potential to be less if the case were to be heard by an arbitrator as opposed to going to trial.
Secret Backroom Proceedings: Most forced arbitration clauses require that proceedings be kept confidential, even if the case raises important public health and safety issues.
Bounding: Parties are bound by the terms of the contract so wrongful death claims brought on behalf of a resident’s next of kin are not bound by the arbitration agreement.

Know What You’re Signing Before You Sign It

According to Illinois General Assembly, an arbitration agreement “may bar an action at law against any hospital or health care provider who is a party to the agreement on the grounds of respondeat superior for the negligence or other wrongful act of any employee reasonably alleged to have caused the injuries on which the claim is based.”

Under the Health Care Arbitration Act, it requires certain provisions to be included in arbitration agreements to make the information more conspicuous to signatories. Illinois contract requires that a person must possess sufficient mental capacity in order to sign a contract. This issue arises often in nursing home settings where a resident may not be mental competent due to dementia or Alzheimer’s. A resident or family member who does not feel confident that they have a firm understanding of what rights they’re waiving by signing the contract should seek advice from an experienced nursing home abuse and negligence attorney.

CMS Final Rule on Forced Arbitration, July 2019

Forced arbitration practices change throughout administrations. In 2016, the Obama administration banned forced arbitration only to be turned over by the Centers for Medicare & Medicaid. Under the Final Rule published in July, long-term care facilities must comply with the following criteria:

Not require a resident or his/her representative sign an agreement for binding arbitration as a condition of admission to, or as a requirement to continue to receive care at a facility.
Ensure that the agreement is explained to a resident or his/her representative in a form, manner, and language that he/she must acknowledge that he/she understands the agreement.
Ensure that the agreement provides for the selection of a neutral arbitrator agreed upon by both parties and a venue that is convenient to both parties.
Ensure that the agreement does not contain any language that prohibits or discourages the resident or anyone else from communicating with federal, state, or local officials.
Retain copies of the signed agreement for binding arbitration and the arbitrator’s final decision for five years after the resolution of any dispute resolved through arbitration with residents. These documents must be available for inspection upon request by CMS or its designee.
Grant residents a 30-calendar day period during which they may rescind their agreement to arbitrate.

How the Dinizulu Law Group, Ltd. Can Help You

If you or a loved one has suffered injury or death due to a nursing homes negligence, you make seek compensation to hold wrongdoers accountable. Our attorneys have experience in interpreting nursing home agreements and know when our clients are being mistreated.

Our consultations are always free and confidential. Please call our office located in downtown Chicago, Illinois for a free consultation at (312) 384-1920 or visit our website for more information.

Mom and 4 Daughters – All Under Age 6 – Die in House Fire in Des Plaines, IL While Dad Works

February 1, 2021/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – Tragedy struck on Wednesday morning after a fire broke out in a Des Plaines, IL home, killing a 25-year-old mother and her four young daughters.

The Des Plaines Fire Department confirmed in a press release the tragic incident that killed 25-year-old mother Cythaly Zamodio, along with her four daughters, Renata (6), Genesis (5), Allizon (3), and Grace (1).

“In my 30+ years of fire service, this is the most difficult scene I’ve responded to,” Fire Chief Daniel Anderson told People in a statement. “Any loss is tragic, but losing four young children is truly heartbreaking for our department and entire community.”

The husband and father was at work for his landscaping company when the incident occurred.

According to fire officials, flames broke out in their Des Plaines home just before 10:30 a.m.

When firefighters arrived at the scene, they immediately entered the burning home and located the children on the second floor.

A neighbor recalled telling firefighters children were inside the home. “They were trying to kick the door down, but the door wasn’t coming down,” Pabel Marrero told WLS-TV.

Many bystanders witnessed firefighters coming out of the engulfed house with children semi-conscious in their arms, blackened by the smoke. A minute or two would go by before another child was carried out in the same condition.

After all four children were recovered from the house, they were transported to Advocate Lutheran General Hospital where they were later pronounced dead.

Firefighters also pulled the mother from the fire where she was unfortunately pronounced dead at the scene.

Des Plaines Mayor Matt Bogusz said, “This is a very sad day for the City of Des Plaines. This kind of tragedy touches the heart of every Des Plaines resident. The City and the Des Plaines community grieve with this family and offer our support in any way we can.”

It’s unclear how the fire initially broke out and if the home had functioning smoke detectors. The Des Plaines is conducting an investigation with the Illinois Office of the State Fire Marshal and a regional task force under the City’s mutual aid system, according to People.

COVID-19 New York Death Toll Miscounted by “As Much As 50%”

February 1, 2021/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – New York Attorney General Letitia James (D) released a 76-page report on Thursday alleging the New York State Department of Health may have undercounted nursing home deaths by “as much as 50%.”

According to CBS News, the discrepancy is primarily due to the Health Department’s nursing home death data not accounting for nursing home residents who died of COVID-19 after being transferred to a hospital from their nursing home. The report is based on preliminary findings from an investigation that began in March into nursing homes policies that caused residents to be abused and neglected.

Governor Andrew Cuomo (D) is under scrutiny of obscuring the true death toll in long-term care facilities since the pandemic began in early-March.

According to the preliminary data analysis from the Office of the Attorney General, “a portion of nursing homes during the pandemic suggests that many residents died from COVID-19 in hospitals after being transferred from their nursing home,” (The Hill).

In one example, a facility that reported five confirmed and six presumed COVID-19 deaths to the Department of Health as of August 3. However, the facility reported to the attorney’s general office 27 COVID-19 deaths at their facility and 13 hospital deaths – a staggering discrepancy of 29 deaths.

In another instance, a facility reported one confirmed and six presumed COVID-19 deaths as of Aug. 3 but reported to the attorney general’s office 31 deaths – a discrepancy of 25 deaths.

More than 20 nursing homes are under investigation.

The Kaiser Family Foundation mentions only 6% of coronavirus cases have been associated with long-term care facilities; however, these cases make up nearly 39% of all COVID-19 deaths in the United States.

James said aside from miscounting the death toll, the investigation also revealed the lack of compliance with infection control protocols. This includes not isolating residents who had tested positive for coronavirus or even doing a basic employee screening of the virus, putting staff members and residents at an even higher risk.

The report also found fault with an order Gov. Cuomo issued at the start of the pandemic that stated nursing homes could not turn away patients who tested positive for COVID-19, as long as they were medically stable. The move was intended to help relieve overburdened hospitals that were sending patients elsewhere to free up capacity.

Although the state-commissioned report that was released in July didn’t find fault with the policy, James’s report said that it certainly may have increased the risk of the virus and spreading it to others at the facility.

Virginia woman speaks out against abuse at local nursing home

January 28, 2021/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – Helen Norfleet was 96 years old when she passed away after living at nursing home facility in Salem, Oregon. According to her death certificate, she died from pleural effusion, renal failure, pneumonia, failure to thrive, dementia, osteomyelitis on the left foot, among several other factors.

“My nanny was everything,” granddaughter Julie Parsons said.

The months before Norfleet passed away stands out the most to her granddaughter. Parsons visited her grandmother every day at Raleigh Court Health and Rehabilitation Center.

Parsons mentioned Raleigh Court actually worked well for her family until March 2020. “March 13 [to be exact], that was the last time I was allowed in that facility to see my grandmother,” said Parsons.

Parsons visits began happening through a window or computer screen. That’s when she slowly began to watch her grandmother’s hygiene decline.

“Her hair would be so greasy it looked wet,” Parsons described.

Parsons grandmother tested positive for COVID-19 at the beginning of September. According to her caregivers, she was asymptomatic and was doing well. One day later, Parsons called the facility to check on her grandmother when she was told Norfleet had fallen out of her bed, resulting in severe bruising on her face.

On October 4, Parsons got a call that her grandmother had a wound on two of her toes.

Three weeks later on October 21, Parsons was told the wound had worsened to the point that amputation was necessary. That night, Norfleet was taken to Lewis Gale and Parsons was able to see her grandmother for the first time since March.

Parsons recalled when the doctor came in and removed the bandage from Norfleet’s foot, she collapsed. “It was the most horrible, disgusting thing I had ever seen in my life. My grandmother’s toes had gotten so bad, and so infected that the bone was exposed,” Parsons said.

After Norfleet had her amputation, she stayed in the hospital a little over a week. During this time, Parsons recognized bruising all over her grandmother’s arms and chest.

On October 30, Parsons filed a police report which resulted in an affidavit that’s for a search warrant for Norfleet’s medical records at Raleigh Court Health and Rehab.

Three days later, Norfleet was discharged and taken to a different facility. Only three days later, Parsons got a call that her grandmother was not doing well.

“She was not herself. She told me that night she was dying,” Parsons recalls. “[She] fell asleep on November 20^th, she went to heaven.”

Parsons told WDBJ7 the only peace she has is knowing that her grandmother is no longer suffering. Parsons promised her grandmother that she would get justice for her and the other victims of abuse and neglect.

Parsons is currently waiting to see if the commonwealth’s attorney for Roanoke City, VA will pursue criminal charges against Raleigh Court Health and Rehab.

The Effects Understaffing Has on Nursing Home Residents

January 27, 2021/in Uncategorized/by DAMG

Chicago, IL—Many issues exist within nursing homes that lead to poor quality care and unhealthy living conditions. One of those issues is understaffing. When a facility fails to ensure there is ample staff available to tend to the residents living there, it can lead to abuse, neglect, and mistreatment. Sadly, many nursing homes are aware of the risks associated with having low staffing levels but still choose not to bring on enough staff members in each work shift so that it doesn’t interfere with the facility’s ability to profit.

Although understaffing can serve as an issue in any type of nursing home, an article shared by the U.S. National Library of Medicine National Institutes of Health cites that it is predominately a problem in for-profit homes and for-profit chains. According to the source “profit incentive is linked to low staffing because for-profit homes and for-profit chains operate with lower staffing and more quality deficiencies than nonprofit and publicly owned facilities.” The source also cites that the facilities that have earned the most are the ones that often have the poorest quality.

If you have a loved one who is living in a nursing home that appears to be understaffed, you are encouraged to read on to learn more about how it can affect the residents who are living there.

How does understaffing affect nursing home residents?

Understaffing can have a multitude of effects on nursing home residents. Based on a study that involved 12 separate nursing home facilities, it was found that understaffing led to the following:

Call lights were not answered in a timely manner.

Many residents rely on their call lights to notify staff members when they require assistance or have a concern that needs to be addressed. When a call light goes unanswered and a resident cannot get up and tend to their own needs, it can lead to serious outcomes. For instance, if a resident is not feeling well and their call light is ignored for hours, their condition could quickly worsen and reach a point where it may be more difficult to treat.

Based on the study, many residents claimed that because their call lights were not answered, they were unable to get up and use the restroom which resulted in them soiling their clothing and bed. Some residents said they were left in feces and/or urine for long periods of time.

2. Residents were left unbathed or left in the same soiled clothing for days.

When there aren’t enough staff members to tend to all the residents who are living in a facility, it is expected that certain needs are not going to be met, including providing a resident with a clean change of clothes on a daily basis or after an accident.

3. Bad odors filled the halls as linens were not changed regularly.

When clothing and linens are not changed, especially after a resident has soiled them, it is not only unsanitary and could lead to the development of infections, but it also can cause a resident’s room and even the halls to become filled with a foul odor.

4. Poor oral care and personal hygiene.

Many residents complained of having poor oral care and personal hygiene as they were not helped out of bed to tend to their basic needs such as brushing their teeth, combing their hair, and getting dressed.

5. Residents were not repositioned every two to four hours as needed.

It is especially important for residents who are bedridden or limited in their physical abilities to be repositioned every few hours to prevent from them developing bedsores. Bedsores develop on the skin as a result of pressure being applied to the same area.¹ This pressure cuts off the blood supply to the skin. Once a bedsore develops and is left untreated, it can worsen and eventually become an open wound.

The longer a resident is left in the same position, the more likely they are to develop a bedsore.

What are a nursing home residents’ rights when they are a victim of neglect?

Nursing home residents should always be provided with the proper level of care and should never be subjected to neglect, regardless of whether a facility is understaffed or not. The fact is, the individuals who live in these facilities depend on the health care workers to meet their needs and when they fail to do so, it is the residents who have to suffer both physically and psychologically.

With that said, if your loved one has been neglected by nursing home staff members which has led to them suffering, they may have a civil case against the nursing home. Illinois nursing homes are required to meet certain state and federal standards, and when these standards are not met, and a resident is harmed, they can potentially sue the facility for financial relief. If you are interested in learning more about bringing a lawsuit against a Chicago nursing home, you can contact Dinizulu Law Group, Ltd. at 1-312-384-1920 to speak with one of our trusted Chicago nursing home neglect lawyers.

You can contact Dinizulu Law Group, Ltd. at:

221 North La Salle Drive, Suite 1100
Chicago, IL 60601
Phone: 1-312-384-1920

Website: www.dinizululawgroup.com

Sources: