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

 

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.

Prescription Medicine at nursing home

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?

 

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.

sexual-assault-non-disclosure-agreement

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.

Highway Construction Companies Must Keep Drivers Safe

 

Our client was a passenger of a vehicle being driven through a poorly lighted construction site. It was extremely dark, and the placement of the construction barrels appeared to create a lane of traffic. As a result, the driver of the vehicle struck the exposed end of a median wall. Starting only with the Smart Crash Traffic Report, our attorneys began our own investigation. Watch the video to learn what happened.

From one line in the accident crash report we learned that the Crash Reconstruction officer had determined that the configuration of the orange construction barrels, suggested that there were three lanes of travel instead of two, leading the driver into a concrete crash barrier for an underpass.

We filed a lawsuit and learned that this road used to have four lanes and was currently under construction lead by the general contractor K-Five construction whose subcontractors were Highway Safety, the subcontractor responsible for temporary safety control devices, and Midwest Fence, the subcontractor responsible for the selection and implementation of the crash cushions.

A crash cushion typically is those big yellow barrels with black tops that are placed on the highways when you are getting off a highway. Those crash cushions are created to soften the blows when drivers don’t see the concrete walls, especially when dark.

According to the design plans designed by Graef-USA, for the Illinois Department of Transportation– K-Five construction was to implement this construction site following the Federal and State Highway Construction Rules of the Road – which were being done to expressly address a history of crashes in to the concrete barrier wall at that overpass.

We learned that the Highway construction rules mandated, a flashing arrow board was supposed to be placed in front of this third lane — the driver went down, type III barricades  were to line the lane along with orange construction barrels for 100 yards and finally they were mandated to have  crash cushions for any new construction sites.   None were present on the day of the crash. The only traffic devices that remained on the roadway were a few random barrels, which were not properly placed.

Had K-Five construction chosen to follow the rules they were required by IDOT– by maintaining proper traffic control devices our client would be alive today to care for his family.  This case settled for a significant amount.

If you have questions about roadway construction accidents, call 1-312-384-1920 or 1-800-693-1LAW or reach us by email. With over 50 years of combined experience and millions recovered in verdicts and settlements, let our experienced car and truck accident attorneys in Chicago help you. Visit our firm’s media page, where you can view more videos and media content from the Dinizulu Law Group, Ltd.

Dinizulu Law Group, Ltd.
221 North LaSalle
Suite 1100
Chicago, IL 60601
1-800-693-1LAW
1-312-384-1920
info@dinizululawgroup.com

Doctors Must Treat Bacterial Illnesses Differently From Viral Illnesses

 

The medical community has agreed upon standards that doctors must abide by when they treat a patient for a bacterial infection vs. treating them for a viral one.

While most viral infections are allowed to run their course, bacterial infections are treated with prescribed antibiotics. When you go to the doctor with certain symptoms, a good doctor will take all the necessary precautions while evaluating your illness. He or she must first rule out the worst possible illnesses that you may have contracted. Diseases like sepsis and meningitis are life-threatening conditions that are easily preventable if a doctor does his or her due diligence.

There are various ways to do this. The doctor might ask you further questions about your symptoms, examine your nose, throat, temperature, or may even order additional testing or lab work.

The doctor must take all the necessary steps to get to the root cause of your illness. Only after following all the necessary precautions is a doctor able to properly diagnose you. Through years of medical school and training, medical doctors are properly trained to thoroughly follow this process when examining their patients. What happens if a doctor fails to follow the steps and misdiagnoses a patient?

The results can be disastrous, especially for young children and our elderly loved ones, who may need antibiotics right away before a minor bacterial infection can turn into something life-threatening, like sepsis or meningitis. Meningitis can cause irreversible brain damage that a young child who may have their whole life ahead of them would be unable to recover from.

A good doctor understands the responsibility they have to their patient and their family members. As a Medical Malpractice Trial Attorney, it’s unfortunate how many cases I see where a doctor has caused irreparable harm simply because he or she simply didn’t follow the needed precautions.

When we go to the doctor we expect we will be treated with diligence and respect. If you believe a doctor has misdiagnosed you or your loved one and caused harm, there’s help. Contact the Dinizulu Law Group, Ltd. at 1-800-693-1LAW or 1-312-384-1920 or by email. With over 50 years of combined experience and millions recovered in verdicts and settlements we are here for you.

When Filing a Nursing Home Complaint is Not Enough

 

If your loved one resides in a nursing home facility, chances are they are there because they need assistance in doing the things they used to be able to do independently. Nursing home facilities are utilized because they are able to provide 24-hour care and they have experienced medical professionals on site. These medical professionals monitor your family member’s prescriptions, meals, and build a care plan around your loved one’s dietary, medical, and social needs. Remember, you or your loved one signs a contract when entering the nursing home that both highlights your loved one’s needs and promises that these needs will be attended to.

Therefore, it is very important to say something if you notice instances of lacking care. Nursing home administrators should be notified immediately if you see:

  • A delayed response to your loved one’s call light
  • A fellow resident or staff member is rude and disrespectful
  • Prescriptions are not administered properly when they are needed
  • Your loved one’s hygiene suffers, such as their linens or undergarments are not regularly changed
  • Their possessions are missing
  • Your loved one is given food they don’t like, or is inedible, or against their dietary plan
  • The meals arrive late, or meals are being skipped entirely
  • Your loved one is isolated or afraid around particular caregivers

Mother and grandmother in nursing home

After your discussion with the facility’s administrators, such as the Director of Nursing, the Dietary Manager, and/or the Activities Director, your loved one’s concerns should be addressed immediately. Instead, if you see the same lacking care continue, it may be time to contact a knowledgeable and experienced nursing home neglect attorney.

While it always helps if you complain to the Illinois Department of Public Health (IDPH), for many residents, this is not enough to rectify the problem. Sometimes, IDPH may take longer than normal to investigate the complaint. Also, many nursing homes fall back on their old habits of bad care once they know the complaint is closed. In the meantime, your family member should not be suffering due to administrative back logs or the nursing home’s persistent wrongs. Contact the Dinizulu Law Group, Ltd. right away so our Chicago nursing home neglect attorneys can offer help for mom or dad. We can be reached at 1 (312) 384-1920 or 1 (800) 693-1LAW, or by email. Contact us to schedule a free initial consultation.

380,000 Preventable Infection-Related Deaths Per Year

 

The Department of Health & Human Services estimates that 380,000 people die each year due to infection-related complications. Many of these deaths happen in nursing homes where lapses in infection control have become a norm. Simple steps to prevent infections, such as hand-washing, isolating sick patients, and preventing sick employees from coming to work are being ignored across America’s nursing homes.

The Chicago Sun Times reported that four years of inspection records show 74% of nursing homes were cited for failing to meet infection control standards.

This investigation revealed that while repeat citations are being commonly issued for infection control violations, disciplinary actions against nursing homes, such as fines, are rare. Nationwide, only 1 in 75 nursing homes that was found deficient for infection control in these four years has received a high-level citation that results in a financial penalty.

Infections, many avoidable, cause a quarter of the medical injuries Medicare beneficiaries experience in nursing homes, according to The Department o­f Health & Human Services’ report. Infections are also among the most frequent reasons residents are sent back again to the hospital.

While the deaths from infection-related complications grow, the nursing home industry is getting the message that they don’t need to act. Low-level warnings given year after year are falling on deaf ears. Nursing homes need to hire adequate staff, properly train staff about infection control, and provide sufficient paid sick leave to staff to encourage them to stay home when they are sick. While these changes are easy to implement, they will not happen unless The Centers for Medicare & Medicaid Services (CMS), which oversees nursing home inspections, recognizes that nursing homes need accountability.

While it may take some time for CMS to update their regulations for nursing homes, don’t feel that you or your family member is alone. If you or a loved one was injured due to an infection caused in a nursing home, you are entitled to justice and fair compensation for the harm caused. The Chicago nursing home neglect attorneys of the Dinizulu Law Group, Ltd. have over 50 years of combined experience in taking on some of the largest corporate-chain nursing homes. With a reputation for tough litigation and verdicts and settlements in the millions of dollars for our clients, we understand the tactics nursing homes use to protect their bottom lines. Contact us for a free initial consultation. Call 1 (312) 384-1920 or 1 (800) 693-1LAW, or reach us by email.

Aging Pastor Neglected by His Nursing Home Caregivers

 

Robert, an aging pastor, who lived a life of service and put others first, was neglected by his care providers in an Illinois nursing home.

Robert was admitted into a nursing home with severe illnesses that required 24-hour care. Robert suffered from Parkinson’s disease, dementia, and dysphasia, among other medical conditions. Dysphasia causes one to have trouble swallowing food and therefore, the person must be monitored closely to ensure proper digestion. Failure to monitor this food intake can cause the person to choke or aspirate, meaning the food gets stuck in the throat or lung.  Because of these risks, Robert should never be allowed to eat alone. What did the nursing home do to monitor these health concerns? Watch the video to learn more.

Just a few weeks after being admitted, a care giver at the nursing home noticed Robert was eating poorly and pocketing food. This is critical because since Robert was pocketing food, he could later eat that food while he wasn’t being watched and could suffocate as a result. The caregiver did absolutely nothing after noticing that Robert was pocketing food, like alerting the doctor or the head nurse.

After a few days, Robert was found to be lethargic with concealed food on him. He developed a cough and congestion, had labored breathing, and a fever. These symptoms worsened.

Finally, the nursing home sent Robert to a hospital. Only after going to the hospital was Robert diagnosed with aspiration pneumonia. You see, Robert had likely ingested the pocketed food that became lodged in his lung, causing the aspiration pneumonia. Aspiration pneumonia happens when substances, such as gastric contents, are inhaled into the lungs. This also creates a bacterial infection in the lung, leading to aspiration pneumonia.

Robert was a total-assist resident, meaning he needed to be fed, clothed, and changed. The nursing home ignored these responsibilities even though they fully understood Robert’s physical and mental limitations when they agreed to admit him into their facility.

Robert’s wife Michelle contacted the administrators at this nursing home to get them to properly care for Robert. They all made promises, yet the same pattern of unreasonable care continued.

I want all families like Michelle’s and all nursing home residents to know that nursing homes are accountable for the promises they make to you. There are remedies when nursing homes do wrong and cause you harm.

I know you may be watching this video because you probably have questions about your own loved one in a nursing home. Contact the Dinizulu Law Group, Ltd. at 1-312-384-1920 or 1-800-693-1LAW. We answer questions like yours every day.

What is the Number One Cause of Truck Accidents?

 

Driver fatigue is an extremely common problem in the trucking industry. A study done by the Federal Motor Carrier Safety Administration found fatigued drivers are the #1 cause of truck collisions.

When these tired and overworked truck drivers cause accidents, as you may know, these are not minor accidents. Car drivers and passengers who are in a collision with a truck are very likely to suffer serious life-long injuries or even death.

There are rules in place to prevent these deadly accidents. The Federal Motor Carrier Safety Administration regulates the hours truck drivers can spend on the road per day and per week. Watch the video to learn more.

The law is that truck drivers can work:

  • A maximum of 70 hrs. in 8 days if their employer operates every single day of the week.  If the employer is closed any day of the week, then truck drivers can work up to 60 hrs. in 7 days.
  • Within these 60 or 70 hrs in about a week, truck drivers must only work a maximum of 14 hrs. per day. Only 11 of these 14 hrs. can be behind the wheel. After a truck driver has driven the maximum of 11 hrs., they must rest for 10 hrs. straight before starting work again.
  • After working for 8 days or 7 days as per the limit of days that applies to them, truck drivers can only restart work after resting for 34 hrs.

These safety rules were created based on many studies that examined the needs of truck drivers so that they can be alert on the road. They are safety rules that every trucking company should live by to protect us all from danger and mayhem. But many companies force their drivers to skirt these safety rules. Truck companies oftentimes push their drivers to work past the set driving limits in an effort to take shortcuts. This undermines the safety of us all. It creates an environment of fatigued and stressed drivers who are high risks on the road. These exhausted drivers end up injuring not just themselves, but our community members who will suffer more severe and oftentimes irreversible injuries or death.

Truck driver fatigue continues to harm individuals and their families. If you are watching this video because you have your own questions or have a loved one injured due to a fatigued truck driver, you shouldn’t feel alone. Contact the Dinizulu Law Group, Ltd. at 1-312-384-1920 or 1-800-693-1LAW. We are here to answer all your questions and help you navigate through this difficult time.

Hate Crimes Are Rising Fast. What Can You Do?

 

The FBI just released that 2016 was the second year in a row that hate crimes have gone up nationwide. 2017 may be the third.

In Chicago, Illinois, there have been 39 hate crimes just in the first half of 2017. The Police Department has been keeping electronic records of hate crimes since 2012. Since then, Chicago’s on the pace to hit a record high of hate crimes by the end of 2017. This shouldn’t be the pattern the nation or our city should be facing. Want to know how you can fight this disturbing trend? Watch the video to learn more.

Illinois citizens are protected under the state’s hate crime act which states:

Hate crime occurs whether the person who commits it does so by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals.

Effective of Jan 1, 2016 transgendered people are also protected under this law. Gender identity is now a protected provision under sexual orientation. The new law also extends protections to institutions who may be targeted because of sexual orientation or gender identity status.

Because of these protections, I was able to help a lesbian woman Danielle, who was assaulted by an apartment building security guard. The assault took place on the common grounds of Danielle’s girlfriend’s apartment complex. The security guard had continuously harassed the couple because of their lesbian status.

One night while Danielle was sitting on the steps saw alone talking on the phone, the security officer standing over six feet tall and weighing almost 285 pounds approached Danielle who stood 5’1, and weighed a mere 110 pounds.  After Danielle asked the security officer to remove the light from her eyes, he turned it off and struck Danielle on her temple with the flashlight, while uttering a gay slur at her.

He later offered a defense that Danielle looked like a boy.  Our civil right attorneys in Chicago identified other witnesses who came forward to support this animus the security guard had towards the lesbian community. As a result, this case settled with significant compensation for Danielle.

As hate crime and violent lashing out has become increasingly common, know that there are remedies and legal protections for such wrongful behavior, both criminal and civil.  Many times, people don’t come forward because they are not sure whether what happened to them is a hate crime, or people aren’t sure if the law will guarantee them protection. But it always helps to discuss these matters with a professional and experienced civil rights trial attorney.

The Dinizulu Law Group, Ltd. has won over seven figures for cases involving discrimination & civil rights cases.  If you are watching this video because you have your own questions or concerns about hate crime, civil rights or discrimination, call us at 1-312-384-1920 or 1-800-693-1LAW. Our Chicago-based civil rights lawyers are here for you.

One Foster Child Threatens Another – What Happened Next?

 

There are thousands of children and young adults livings in independent living environments facilitated by professionals. Many of these children have lost their parents to death and drugs to no fault of their own. These children and young adults have been in foster and group homes — and so many have faced unbearable abuse. When our state funds these foster, group homes and private independent living institutions, we expect that these caretakers are attentive and helpful to the needs of these children and young adults. The providers in this case failed in this sacred duty and were examined by state investigators. Watch the video to learn more.

At this facility, my client Tammy and a fellow resident Barbara didn’t get along. In fact, there was a long history of altercations between the two. One altercation turned violent resulting in the arrest of 17 year old child Barabara. While being arrested in front of her care takers Barbara yelled to Tammy my client, “I’m going to get your key and get you.”

This Barbara had lost a lot in her life and was suffering from mental health illnesses and was on psychotropic medication. Barbara had been deemed by DCFS staff as particularly violent. After three months, Barbara was released from jail.

Then, this unstable minor returned to her independent living community and tricked the manager of this institution into giving Barbara, Tammy’s keys. Barbara this disturbed young child in the middle of the night entered Tammy’s home with this key, grabbed a knife and stabbed Tammy to death.

Tammy’s distraught siblings contacted me. Our Chicago wrongful death attorneys investigated the matter and learned that the independent living institution was to meet Barbara at release, but they did not show up in time.  Being concerned, one of the social workers called her manager to inform her that she was concerned for my client Tammy’s safety. You see this social worker witnessed the threat Barbara made to Tammy. We also uncovered that the entire independent living institution should have been aware that a DCFS social worker indicated that Barbara would someday kill someone.

We also were able to prove that the manager that turned over the wrong key, failed to follow the known procedures of checking the room key with the person’s name. Compounding this error, the manager failed to follow-procedure and remove Tammy from the impending danger.

No one should ever have access to your apartment without your consent, especially not a sworn enemy who in front of the police threatened to get you. After uncovering the evidence of institutional failures, this case settled for a significant amount for the death of Tammy.

If you have a question about abuse or neglect in a foster or group home, or in an independent living environment, you may need an experienced wrongful death lawyer or personal injury trial attorney. Based in Chicago, the Dinizulu Law Group, Ltd. handles these matters all the time. Contact our office at 1-312-384-1920 or 1-800-693-1LAW.

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