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54-Vehicle Crash Shuts Down Part of Kennedy Expressway

Snowy, click conditions led to a massive multi-vehicle car crash on the Kennedy Expressway Wednesday morning, sending 14 people to the hospital. The Chicago Fire Department the vehicles involved in the crash were in the inbound lanes near North Avenue around 5 a.m. Officials attribute the crash to “low traction on the expressway” and drivers speeding, according to the Chicago Tribune. Snow had been falling during the early morning, contributing largely to the accident.

The 14 people – all adults – were transported to St. Joseph’s Hospital, Sts. Mary and Elizabeth Medical Center, and Northwestern Memorial Hospital, all with minor injuries. Authorities shut down the expressway at North Avenue for hours to clean up the crash, with at least a dozen Illinois Department of Transportation (IDOT) vehicles towing away cars that are no longer drivable.

The Illinois Department of Transportation released a statement, saying:

IDOT crews were called in at 1:30 Wednesday morning and those numbers continued to escalate as the forecast changed and the event intensified. At one point, IDOT had approximately 70 trucks on the road spreading salt and de-icing materials.

We do believe that the low traffic volumes as of late have increased speeds, resulting in many of the spinouts and crashes this morning. Traffic counts have been cut in half over the last month. As a result, n speeds on the expressways have been very high and traffic is moving too fast for current conditions.

In 2017, there was a total of 311,679 crashes that occurred on Illinois roadways, according to the IDOT. Approximately 854 crashes occurred per day in 2017; furthermore, 10 persons were injured per hour, and nearly three persons were killed per day due to traffic crashes in 2017.

Driving in the snow and ice create for dangerous road conditions, especially when speeding. If you’re driving in the snow, it’s important to remember to drive slow, accelerate and decelerate slowly, and increase your following distance.

Department of Justice Launches National Nursing Home Initiative

Attorney General William P. Barr announced the launch of the Department of Justice’s (DOJ) National Nursing Home Initiative (NNHI), which will investigate nursing homes nationwide that provide “grossly substandard” care to their residents. The DOJ indicated that it was dedicating significant resources to partner with the U.S Department of Health and Human Services and local and state prosecutors to respond to life-threatening quality of care issues the nursing home industry currently faces.

The DOJ is committed to combatting elder abuse and financial fraud, as it affects at least 10% of Americans every year. Elder abuse is an intentional or negligent act committed by any person that causes harm or a serious risk of harm to an older adult. Through enforcement actions, training and resources, research, victim services, and public awareness, the DOJ serves to prevent all forms of abuse and neglect.

The DOJ announced nearly 30 investigations in nine states that are currently underway. The NNHI focuses on identifying, investigating, and prosecuting the most problematic nursing homes nationwide, including those that:

  1. Consistently fail to provide adequate care to residents
  2. Failure to adhere to basic protocols of hygiene and infection control
  3. Failure to provide residents with enough food so they become sick or weak
  4. Withholding medication, or
  5. Using physical or chemical restraints or sedating a resident, unless otherwise stated by the resident’s physician

For example, care failure can cause residents to develop pressure sores, or bedsores, down to the bone. Residents should be turned every 2 to 3 hours when laying in a bed, while they should be turned every 15 minutes when sitting in a wheelchair. If nursing home staff act carelessly or fail to do their job, they leave residents vulnerable to developing an illness, or in some instances death.

Federal regulators and law enforcement have had the authority to develop and enforce quality-of-care standards for nursing homes, while state regulators have traditionally played a leading role in investigating and prosecuting nursing homes for quality of care violations. The Department prosecuted claims under the False Claims Act (FCA) which relates to the federal spending on nursing home care for Medicare and Medicaid beneficiaries.

“The HSS Office of Inspector General continues to pursue nursing home operators who provide potentially harmful care to residents who are often unable to protect themselves,” said Chief Counsel to the Inspector General Gregory Demske. “Creating the Initiative sends a message to those in charge of caring for beneficiaries that substandard care will not be tolerated.”

The NNHI is part of a broader commitment by the Department to combat elder abuse and fraud, two things that often happen in nursing facilities. The Elder Justice Initiative (EJI) was developed in 2016, which will coordinate the NNHI. The task force is dedicated to coordinating the prosecution of elder abuse, including physical abuse, financial fraud or exploitation, caregiver negligence or abandonment, sexual abuse, or psychological abuse.

According to a press release by the DOJ, all entities must meet state and federal requirements and are encouraged to consider the following:

  • Reviewing all surveys over the past 5 years and addressing citations of substantial quality of care
  • Ensure all internal and external complaints are appropriately addressed
  • Ensure the entity has a compliance program that flags and escalates any complaints or concerns to ensure they are properly handled

Under the DOJ’s increased scrutiny, operators and investors in nursing homes, assisted living facilities, and other skilled nursing facilities are encouraged to discuss the quality of care standards and concerns.

If you or a loved one has experienced abuse or neglect at the hands of a caregiver, you will need an experienced nursing home neglect and abuse attorney. Our team has proven success in nursing home cases and will use our extensive legal experience to help you navigate the process and to get you full and fair compensation for you or your loved one’s injuries. To receive a free consultation, please call (312) 384-1920 or visit our website.

Illinois Nursing Home Abuse & How to Report

Nursing home neglect happens more often than you think. An estimated 5 million adults 65 and older are abused and neglected each year in the U.S. Neglect is an form of elder abuse committed against an older adult in a nursing home that breaches the duty that may harm a resident.

You’re more than likely going to experience a family member or someone you know being in a long-term care facility. Nearly 1.5 million people live in a nursing home in the U.S., according to the Centers for Disease Control and Prevention (CDC). When someone else is taking care of your loved one, it’s important to do research on the facility you ultimately choose. 

Illinois has one of the highest rates of nursing home abuse in the nation. It’s important to be aware of the signs and symptoms to look out for when suspecting abuse and know how to report a case.

Anyone can commit elder abuse; in fact, in almost 60% of elder abuse and neglect incidents, the perpetrator is a family member and two thirds are adult children or spouses according to the National Council of Aging (NCOA). However, perpetrators are not limited to just family members and may include caretakers or other residents.

What is elder abuse?

Elder abuse or neglect “refers to the mistreatment of a person 60 years of age or older who lives in the community,” according to the Illinois Department of Human Services (IDHS).

IDHS states abuse and neglect includes any of the following: 

  • Abuse – physical, sexual, or emotional mistreatment and/or willful confinement.
  • Neglect – the failure of a caregiver to provide the older person with the necessities of life, including but not limited to food, clothing, shelter, and medical care.
  • Financial exploitation – the misuse or withholding of the older person’s resources by another to the disadvantage of the older person and/or the profit of another.

What makes an older adult vulnerable to abuse?

Older adults who are in nursing homes are socially isolated and those who have mental impairments such as dementia or Alzheimer’s disease makes them more susceptible to being abused or neglected. Studies have shown that those with dementia have experienced a form of abuse or neglect.

Most common types of abuse:

According to the Illinois Department of Aging (IDOA) victims often experience more than one form of abuse. 67 percent of victims are female, while 33 percent are male; however, 51% of abusers are females, while 49% of abusers are male.

Based on the 2017 annual report, the most common forms of abuse in Illinois were:

  • Financial exploitation, (8,604) 
  • Emotional abuse (6,476)
  • Passive neglect (6,679)
  • Physical abuse (3,782)
  • Willful deprivation (2,268)
  • Confinement (1,381)
  • Sexual abuse (765)

What to do if you suspect abuse:

If you suspect your loved one is experiencing abuse in their nursing home, talk to the staff immediately. If the problem isn’t resolved, you can talk to one of the following:

  • Call 911, especially if they are in life threatening danger
  • Supervisor
  • Social worker
  • Director of nursing
  • Administrator
  • Doctor

Families should document signs of nursing home abuse and indicate any change in their loved ones behavior, take pictures of the injuries and note if injuries worsen, and write or record any witnesses that has seen the abuse or from the victim themself. 

How to report nursing home abuse:

There are several ways you can report nursing home abuse. In case of emergencies, please dial 911. You can also contact:

  • Long-term care ombudsman
    • You can find your local ombudsman here.
  • Professional medical experts like doctors or nurses
  • Nursing home administrator

To confidentially report abuse:

A 2019 report by GAO states, “nursing home abuse often goes unreported mainly because residents are afraid of what will happen if they speak out.” Residents fear that staff may treat them worse, or abuse will continue and worsen. 

A nursing home report can often remain confidential when complaints are filed with a long-term care ombudsman, unless consent is given otherwise. Confidentiality eases the concern of addressing a problem.

File a Lawsuit

If you suspect your family member or loved one is the victim of nursing home abuse or neglect, it’s important to take legal action right away to protect their rights. In Illinois, the statute of limitations limits the amount of time you have to file a lawsuit which is 2 years from the injury date. 

Throughout the litigation process, the attorney’s at Dinizulu Law Group collect evidence to build your case against the nursing home and staff and inform you of the steps we take along the way. Please call our firm today for a free consultation at (312) 384-1920 to learn how you can obtain justice for your loved one.

Coronavirus Outbreak in Illinois Nursing Home Facility

CHICAGO, IL – Officials of the Illinois Department of Public Health (IDPH) have reported at least 46 people, including residents and staff members, have tested positive for coronavirus at a DuPage county nursing home. This outbreak is the first in a long-term care facility in Illinois. Chicago’s WGN9 reported the first confirmed test of a Willowbrook resident by state health officials.

Within a matter of days, the virus spread to other members at Chateau Nursing and Rehabilitation Center of Willowbrook, a southwestern suburb of Chicago. Forty-six people, thirty-three residents and 13 staff members – have all tested positive for the virus. Other residents are now isolated in another area of the facility as officials expect additional positive tests to come back within the near future. 

Mayor Frank Trilla, said, “this could have happened anywhere.”

There haven’t been any unusual incidents at this nursing home before the outbreak, though the mayor noted that nursing homes are regulated by the state and not local government. 

Centers for Medicare & Medicaid Services (CMS) established a new set of rules for nursing home facilities beginning on March 13. The critical new measures were designed to reduce the spread of COVID-19. The new set of rules directs facilities to to significantly restrict visitors and nonessential personnel, as well as restrict communal activities inside nursing homes, with exceptions for compassionate care, such as an end-of-life situation. All group activities and communal dining are canceled and be implementing active screening of residents and health care personnel for fever and respiratory symptoms. The only exception is for certain care situations, such as end-of-life situations. The new measures are CMS’s latest action to protect America’s seniors, who are especially vulnerable to contracting COVID-19. 

The First Outbreak at a Nursing Home Facility

According to the CDC, seniors with multiple health conditions are at the highest risk for complications. There have been reports of large numbers of cases spreading rapidly through nursing homes, such as the Life Care Center in Kirkland, Washington. The New York Times reported two thirds of residents, 55 employees, and 14 visitors have tested positive for COVID-19. Thirty five people have died, claiming 12 percent of staff and residents lives. These death totals make up nearly half of the coronavirus death toll in Washington. These numbers are expected to increase as tests become more available.

The Life Care Center stated, “Current residents and associates are being monitored closely, specifically for an elevated temperature, cough and/or shortness of breath.”

It’s not clear how the virus reached the facility; however, according to the New York Times the first reported case of coronavirus in the United States was from a man in nearby Snohomish County. 

Officials of the Life Care Center, which operates more than 200 facilities in 28 states, are monitoring residents and workers closely.

The Outbreak Continues to Spread

Other than the outbreak in Kirkland, at least 15 others have died and dozens more have been infected at long-term care facilities across the nation. Major outbreaks include Willowbrook, Illinois with 46 infections, four deaths in at least two facilities in New Jersey, 13 infected in Little Rock Arkansas, and 11 infected in Troy, Ohio, with at least 30 more showing symptoms.

“Nursing homes would always have been ground zero, but given we already have a huge staff shortage, this will be magnified,” said, David Grabowski, a Harvard Medical School professor who has studied staffing storages in nursing homes. “It could be worse for today’s nursing home facilities than ever.”

The spread of COVID-19 in a nursing home can amplify when patients are transferred and when staff and visitors come and go. The CDC has said visitors and healthcare personnel are the most likely sources of introduction into long-term care facilities. In a recent report by CDC, the agency went on to say, “Limitations in effective infection control and prevention and staff members working in multiple facilities,” can contribute to an outbreak.

How to Keep Residents Safe

The CDC has made additional recommendations for nursing homes as they work to keep residents safe, including:

  • Nursing homes should put alcohol-based hand sanitizer with 60-95 percent alcohol in every resident room – both inside and outside the room if possible – and in every common area
  • Sinks should be well-stocked with soap and paper towels for hand washing
  • Tissues and facemasks must be available for people who are coughing
  • Hospital grade disinfectants must be available to allow for frequent cleaning of high-touch surfaces and shared resident equipment

More information on a full list of CDC’s guidance for nursing homes safety can be found here.

Counties in Illinois with Confirmed COVID-19 Cases:

  1. Adams
  2. Christian
  3. Champaign
  4. Clinton
  5. Cook
  6. Cumberland
  7. DeKalb
  8. DuPage
  9. Kane
  10. Kankakee
  11. Kendall
  12. Lake
  13. LaSalle
  14. Madison
  15. McHenry
  16. McLean
  17. Peoria
  18. Sangamon
  19. St. Clair
  20. Washington
  21. Whiteside
  22. Will
  23. Williamson
  24. Winnebago
  25. Woodford

Any nursing home with residents suspected of having COVID-19 should contact their local health department immediately. To remain updated on long-term care and nursing home updates, please visit the CMS website.

Negligence Related to Coronavirus

If a loved one has sustained a serious infectious disease complication or missed a medical treatment provided by a nursing home or the understaffing in facility, we can help you. Please reach out to Dinizulu Law Group, a Chicago-based law firm with extensive experience in nursing home negligence. For a free consultation, please call (312) 384-1920.

Nursing Homes Ban Visitors due to Coronavirus

Nursing Homes Ban Visitors due to Coronavirus

CHICAGO, IL – Nursing homes have become islands of isolation amid the shocking morality rate of coronavirus. Nursing homes nationwide have become concerned about outside visitors visiting residents which has led to the barring of all visitors – adult children can talk to their parents through a glass door just as jailhouse visitors due.

As of Wednesday, there are more than 1,311 cases confirmed in the U.S., according to state and local health agencies, governments, and the Center for Disease Control and Prevention (CDC).

Nursing homes are locking down in hopes to protect some of the nation’s most vulnerable residents from being affected by the coronavirus. Thousands of nursing homes and assisted living facilities across the country are taking extra precautions. Many families are debating whether to move their loved ones out of these facilities all together and care for them at home.

On Tuesday, industry leaders recommended curtailing visits, calling this challenge “one of the most significant, if not the most significant” issues the industry has ever faced, according to the American Association of Retired Persons (AARP).

The highly contagious disease puts the elderly and those who suffer from underlying health conditions such as respiratory distress at high risk, alarming businesses, schools, and health agencies. Guidance from the Centers for Medicare & Medicaid Services (CMS), the American Health Care Association (AHCA), and the Illinois Department of Health (IDPH), and the Illinois Health Care Association is rapidly increasing for these facilities.

Hospital Policies and Procedures for COVID-19

Because of ease of spread in a long-term care setting and the severity of illness that occurs in residents with COVID-19, facilities are discouraging visitation and have the ability to screen visitors before COVID-19 is identified in their community.

Facilities are responsible for sending letters or emails to resident’s family members, advising them to consider postponing

Who is at Higher Risk?

From earlier information gathering from China where COVID-19 originated from, those who are higher risk of getting sick from this illness includes:

  • Older adults
  • People who suffer from serious chronic medical conditions, such as:
    • Heart disease
    • Diabetes
    • Lung disease

Depending on how severe the outbreak is in your community, public health officials will make recommendations to the community to reduce the public’s risk of being exposed to COVID-19. These actions can stunt or reduce the impact of spreading the disease.

If you are at a high risk because of your age or serious long-term health problem, it’s crucial to take extra precautions to reduce your risk of getting sick.

How to Prepare for COVID-19 Now

According to the CDC, there are several ways you can make yourself prepared in case of an outbreak in your community.

  • Have supplies on hand
    • Contact your health provider to ask about obtaining extra necessary medications to have on hand in case of an outbreak in your community in the event that you need to stay at home for an extended period of time.
    • If you’re unable to get extra medication, consider using mail-orders.
    • Ensure that you have extra over-the-medicine and medical supplies such as tissues, thermometers, etc. to treat fevers and other symptoms. Most people will recover at home.
    • Have enough household items and groceries to be prepared for staying at home for a period of time.
  • Take precaution
    • Avoid close contact with anyone who is sick.
    • Take preventable action:
      • Wash your hands often using soap and water for at least 20 seconds. This is critical, especially after blowing your nose, sneezing or coughing in a public place.
      • If soap and water is unavailable, use hand sanitizer.
      • Avoid touching surfaces in public places – elevator buttons, door handles, handrails, and shaking hands with others.
      • Wash your hands immediately after touching a surface in public.
      • Practice routine cleaning of frequently touched surfaces, such as tables, doorknobs, light switches, handles, desks, and toilets.
      • Avoid large crowds, especially in poorly ventilated spaces. Your risk of exposure can increase substantially in a crowded area, especially those with little to no air-movement, increasing your chance of contracting COVID-19.
      • Avoid all non-essential travel including traveling by plane or embarking on a cruise ships.
    • If there is an outbreak of COVID-19 in your community, it’s important to take extra measures to distance yourself from others to reduce your risk of being exposed to this virus.
      • Stay at home as much as possible.
        • Consider ways of food being delivered to your house, through the use of family, or social and commercial networks.

Watch for Symptoms and Emergency Warning Signs

  • It’s important to pay attention to warning signs of potential COVID-19 symptoms including fever, cough, and shortness of breath. If you feel like you are developing symptoms, call your physician immediately.
  • If you develop emergency warning signs for COVID-19, please seek medical attention immediately. Adult emergency warning signs include:
    • Difficulty breathing or a shortness of breath
    • Persistent pain or pressure in the chest
    • New confusion
    • Bluish-tinted lips or face

It’s important to note that these are not all warning symptoms of COVID-19. Please consult a medical provider for other symptoms that are severe or concerning.

What to Do if You Get Sick

  • Stay at home and call your healthcare provider.
  • Call your healthcare provider and let them know the symptoms you are experiencing. This will help them take care of you and keep others from getting infected or exposed.
  • If you are not sick enough to be hospitalized, you are able to recover from home.
  • Know when to get emergency help.
  • Get medical attention immediately if you have any of the warning signs listed.

How to Support Older Adults

Community Support

Communities should prepare for an outbreak of COVID-19 that include older adults and people with disabilities, and the organizations that support them, to ensure their needs are being taken into consideration. Many individuals in the community depend on services and support in their homes or in the community to maintain their independence and health. Long-term care facilities should be vigilant to prevent the introduction or spread of COVID-19.

Family and Caregiver Support

Know what medications your loved one is taking and make sure to have extra on hand. Monitor food and other medical supplies, such as oxygen, dialysis, wound care, etc. and always be sure to have a back-up plan. Stock up on non-perishable food items to minimize your number of trips to the store. If you care for a loved one living in a care facility, monitor the situation, ask about the health of other residents and know the protocol in the event there is an outbreak.

For more information on how to protect your loved one who is in a long-term care facility or assisted living facility, please visit CDC’s website on ways to take more precaution. If your loved one has sustained a serious infectious disease complication resulting from negligent or missed medical treatment provided by a nursing home or due to a low level of staff care, they may be entitled to compensation. Please reach out to Dinizulu Law group now for a free consultation at (312) 384-1920.

 

CMS Adds New Transparency on Nursing Home Abuse

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

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

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

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

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

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

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

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

Phone: (312) 384-1920

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

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

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

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

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

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

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

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

Dangerous and Unsafe Food Handling

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

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

Feds Propose Rollback

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

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

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

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

Reoccurrences

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

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

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

Lack of Assisted Living Supervision

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

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

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

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

Contact an Experience Nursing Home Abuse and Neglect Attorney

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

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

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

Contact:

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

www.dinizululawgroup.com

Medical Malpractice and Misdiagnosis

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

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

Ways to Be a Better Health Advocate

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

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

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

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

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

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

Types of Medical Negligence

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

Contact a Dinizulu Law Group Medical Malpractice Attorney

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

Contact information:

Office: (312) 384-1920

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5 Common Questions about Trucking Accidents

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

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

Factors that Contribute to Truck Accidents

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

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

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

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

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

Why Are Commercial Trucks More Dangerous?

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

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

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

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

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

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

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

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

How Long Do I Have to File A Lawsuit?

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

When Do I Hire a Truck Accident Lawyer?

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

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

Contact:

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

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