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Sepsis Complications: How Nursing Homes Should Prevent & Treat

July 15, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – Infections are one of the leading causes of death in nursing homes throughout the country. Unfortunately, nursing homes can be inattentive to the conditions that give rise to infections and then leave the infections untreated, putting nursing home residents at risk.

An infection that is left untreated can turn into a very dangerous condition called sepsis. When someone develops septic shock, this is how an infection can kill. Sepsis happens when an infection you already have – in your skin, lungs, urinary tract, or somewhere else – triggers a chain reaction throughout your body. A toxic agent is introduced into the bloodstream because of the infection and will begin to result in organ failure. If you do not seek medical treatment in a timely manner, sepsis can rapidly lead to tissue damage, organ failure, and death.

There are numerous symptoms that may occur, with some of the more severe ones including:

Abnormal heart function including a very rapid heart rate
Significant pain and discomfort
Difficulty breathing
Disorientation or delirium
Unconsciousness

The Stages of Sepsis

Stage One: Systemic Inflammatory Response Syndrome (SIRS)

Sepsis can be difficult to identify but is typically denoted by a very high or low body temperature, high heart rate, high respiratory rate, high or low white blood cell count and a known or suspected infection. For sepsis, two of the mentioned SIR signs, as well as an infection, must be present.

Stage Two: Severe Sepsis

Severe sepsis is diagnosed when acute organ dysfunction begins. Severe sepsis can be diagnosed when sepsis is present along with hypotension, or low blood pressure, or hypoperfusion, the decreased blood flow through an organ.

Organ dysfunction can be characterized by symptoms such as a sudden change in mental state, decreased urine output, decreased blood platelet count, difficulty breathing, abnormal heart pumping function and abdominal pain.

Stage Three: Septic Shock

Septic shock is the most severe stage of sepsis. Septic shock is defined as the presence of hypotension, induced by sepsis, despite fluid resuscitation. Septic shock has the highest chance of mortality, with estimates that range from 30% to 50%.

Symptoms of Septic Shock

Septic shock is accompanied by the following symptoms:

Little to no urination
Blood clots throughout the body that can lead to organ failure
Very low or high temperature
Extremely low blood pressure
Palpitations

Even if the nursing home resident is about to survive septic shock, it will have long-term ramifications on their health and they likely will not make a full recovery.

Early detection of sepsis is necessary in order for a nursing home resident to have a better chance at survival; however, when a resident is a victim of nursing home neglect, they likely are not receiving the care that they need to notice the signs of sepsis and begin prompt treatment. This becomes more of a problem at understaffed nursing homes that are prone to neglect.

Medical Treatment for Patients with Sepsis

When a nursing home does diagnose and treat sepsis, the course of treatment begins with antibiotics. Some patients may need to have procedures to remove dead skin or tissue depending on the severity of the infection. Patients may also need oxygen or other intravenous fluids to maintain the level of oxygen and blood going to the organ so organ failure can be prevented. Patients can recover from mild sepsis in about three to ten days; however, more severe cases can take longer to recover if the patient is able to survive at all. Severe sepsis requires critical care for a month or more.

Sepsis and Pressure Ulcers

Sepsis is also how pressure ulcers can become fatal. There are four stages of a pressure ulcer: Stage I and II is the first discoloration of the skin and a small ulcer. Stage III is when a small crater in the skin begins to degenerate to a Stage IV pressure ulcer where the hole in the skin gets deeper and can reach the muscle. When the hole in the skin becomes large enough and is untreated, the resident can develop sepsis from the infection. A pressure ulcer can become septic, though the ones that are more advanced have a higher change of becoming infected. The wounds can leak puss and give off a foul smell. There can also be an increased in pain in the area and a fever.

Pressure ulcers should not form in the first place, but if they do, they should not reach the level of sepsis. If your loved one has developed sepsis, there is a high chance that the nursing home did not provide the level of care that it was legally obligated to, causing your family member to develop a life-threatening infection.

Nearly 25,000 residents in nursing homes will die from sepsis, and most of these deaths are preventable. Thousands of nursing homes each year are cited by the federal government for their failure to prevent and treat pressure ulcers.

Has Your Loved One Been Injured by a Nursing Home’s Failure to Treat an Infection? Get Legal Help Now

The experienced attorneys at the Dinizulu Law Group have handled numerous cases over the years where nursing home residents have died from infected pressure ulcers and other severe infections due to nursing home negligence. If your loved one has been injured or died from neglect at a nursing home, call us today at (312) 384-1920 to set up your free consultation. Please visit our website for additional information.

Two Autopsies Find George Floyd Died by Homicide, but Differ on Key Details

June 3, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – George Floyd died tragically before the world’s eyes last Monday when a video went viral of four Minneapolis police officers handcuffed him and Derek Chauvin kneeled on Floyd’s neck while two other officers held him down. In the video, you can hear Floyd repeatedly tell officers, “Please, please, please, I can’t breathe,” that sparked condemnation, protests, and a national outcry.

All four officers were terminated and are under investigation by the F.B.I. Derek Chauvin was charged on Friday with third-degree murder and second-degree manslaughter. Minnesota’s attorney general Keith Ellison said the four officers involved will be charged to the “highest level of accountability” (New York Post).

Floyd’s family conducted their own private autopsy through independent pathologists, as well as the county medical examiner – both of which state he died by homicide; however, the two autopsy reports differed on how exactly Floyd died. Dr. Allecia Wilson, one of the pathologists that conducted the independent autopsy, said that Floyd died as a result of mechanical asphyxiation. The report by the Hennepin County Medical Examiner’s office stated Floyd died of “cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression. The manner of death was ruled as a homicide, but the medical examiner’s review “revealed no physical findings that support a diagnosis of traumatic asphyxia or strangulation.”

This has raised many questions from the public – why have the other officers who were involved not charged? Will they be charged with murder? The private autopsy shows Floyd was killed on the scene and died in front of our eyes due to the pressure of Chauvin kneeling into his neck and from the two officers holding him down, pressing him lungs into the pavement, which interfered with blood flow to his heart and brain.

The Hennepin County medical examiner’s office said Floyd experienced cardiopulmonary arrest while being restrained by the officers. The county autopsy said Floyd had other significant conditions including “arteriosclerotic and hypertensive heart disease; fentanyl intoxication; and recent methamphetamine use.” The office had not previously released their findings pending toxicology reports.

Dr. Michael Baden, a pathologist of the independent autopsy, stated further testing wouldn’t reveal evidence of compressive pressure on Floyd’s neck, back, and legs since the pressure would have been released when it was no longer applied. He mentioned that large areas of scraped and abrasions on Floyd’s face indicated the force was used to press him into the ground.

Benjamin Crump, a civil rights lawyer representing the Floyd family, said, “What those officers did, as we have seen on the video, is his cause of death – not some underlying, unknown health condition. George Floyd was a healthy young man. The ambulance was his hearse.”

What Protections does the Illinois Nursing Home Care Act cover?

March 31, 2020/in Blog/by Yao Dinizulu

Nursing home abuse and neglect often goes unaddressed because residents and their families don’t necessarily know the rights a resident has. The Illinois Nursing Home Care Act (210 ILCS 45) specifically protects nursing home residents who may be more vulnerable to exploitation, neglect or abuse. Residents have the same rights just as any other person has under Illinois law, federal law, and state laws.

What is abuse or neglect?
Anyone residing in a long-term care facility has the right to be free from abuse, neglect, mistreatment, and financial exploitation. Abuse generally refers to the harmful actions, while neglect refers to the negligence or carelessness.

The statue reinforces the rights that every Illinois citizen has and details a number of specific rights and protects nursing home residents have that are guaranteed by state law or under the U.S Constitution. Those include:

Rights regarding spousal impoverishment. Nursing home facilities must inform all new residents upon being admitted of their spousal impoverishment rights under the Illinois Public Aid Code and the Medicare Catastrophic Act.

Right to private visits. Residents cannot be denied the opportunity for family and friends to visit, unless there is a verified medical reason for restricting visitations.

Right to personal property. Nursing home staff are not allowed to withhold or take a resident’s personal property; however, if there is medical reason for why the resident cannot have access to an item, they may be prevented from doing so.

Right to manage your own finances. Due to the nature of many resident’s illnesses, residents may not always have immediate access to their money; however, nursing homes are prohibited from spending a resident’s funds without proper authorization.

Right to your own physician. Nursing home residents have the right to choose their own physician and cannot be denied an opportunity to see their physician.

Right to respect and privacy in medical care. Residents have the legal right to privacy, and undisclosed personal information with their doctors and/or physician.

Right to participate in medical care and refuse treatment. Nursing home residents have the right to understand medical treatment they are undergoing and/or refuse treatment or medical interventions.

Right to exercise religion. Nursing homes cannot prevent a resident from expressing his/her religion.

Right to be free of physical or chemical restraints, unless medically necessary. Often times nursing homes must put restraints on a resident who puts themselves or others at risk of hurting them. The only exception a verified medical reason and when absolutely necessary. A residents physician is the only one who can order the use of physical or chemical restraints.

Right to rescreening when admitted with serious mental illness. When residents are admitted into a nursing home facility, they have the right to be rescreened and annually assessed.

Right to be free from unlawful discrimination. No resident should be unlawfully discriminated by any owner, licensee, administrator, employee, or agent of a facility.

Right to authorized electronic monitoring. A resident has the right to allow electronic monitoring devices placed in their rooms.

Right to see an attorney or social worker. Residents cannot be denied the opportunity to receive counsel from an attorney or social worker.

If you or a loved one has been abused or neglected in a long-term care facility such as an assisted living facility or nursing home, please contact an experienced nursing home abuse attorney. Schedule a free consultation today with Dinizulu Law Group today at (312) 384-1920.

CMS Adds New Transparency on Nursing Home Abuse

October 23, 2019/in Blog/by Yao Dinizulu

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

October 10, 2019/in Blog/by Yao Dinizulu

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

How Can I Tell If My Loved One is Being Neglected or Abused?

September 16, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Abuse and neglect in nursing homes remains under-reported in the United States according to a report released by the Department of Health and Human Service’s Office. Many nursing homes frequently fail to report abuse to the Centers for Medicare and Medicaid Services (CMS), or to local law enforcement.

Elder abuse is the physical abuse, emotional abuse, sexual abuse, financial exploitation, abandonment or neglect. Often times the victim knows the perpetrators – they are often family members, such as children or spouses, and care givers in nursing homes and assisted living facilities. Illinois has more nursing home abuse cases than any other state. The Illinois Department of Aging’s Annual Report (2017) stated there were 16,507 reports of abuse, neglect and financial exploitation. Nearly 74 percent of abusers were the child, spouse, or relative and many times experience more than one form of abuse.

How Can I Tell if My Loved One is Experiencing Neglect or Abuse in a Nursing Home?

There are many warning signs to look for in your loved one while visiting them at a nursing home, or any other facility. Common signs of abuse include:

Signs of malnutrition and dehydration
Unexplained bedsores, bruises, or lacerations
Broken bones or fractures
Rapid weight gain or loss
Sudden change in mood and behavior
Torn or bloody clothes
Sexually transmitted diseases
Signs of depression, confusion, and loss of interest in things they once enjoyed
Missing or broken eyeglasses, hearing aids, etc.
Unsanitary conditions
Understaffed and hostile employees
Improper medication, or overly medicated

How Can I Tell How Many Deficiencies a Nursing Home Has?

Pro Publica is a great search engine tool you can use to compare nursing homes based on deficiencies cited by regulators within the last three years. You’re able to search using a keyword, city, or nursing home name and search by state and severities.

Once you hit search and your results pop up, you’re able to see the nursing home, the date, city and state, how many deficiencies were reported, the severity range, and the actual report and nursing home information. It’s important to note that the number and severity relates to the search terms, and not necessarily all deficiencies against the nursing home facility.

How Can I Tell if a Nursing Home is Reputable?

Start by doing a lot of research – read reviews and look up deficiencies of nursing home facilities. You want to ensure your putting your loved one in the right hands, so many factors must be accounted for. The location of a nursing home, their visiting policies, and the patient-to-staff ratio are all things to consider. When visiting the nursing home, it’s important to note the appearance of the facility and residents and how the facility is ran overall. The friendliness and helpfulness of the staff, sleeping accommodations, and daily activities may contribute towards your decision. In addition, the dining facility and meal options, and health care issues should be inquired about.

What Damages Can be Recovered?

If your loved one has experienced neglect or abuse while at the hands of a caregiver in a nursing facility, you may be entitled to collect compensation for:

Emotional distress, loss of quality of life, and pain and suffering
Past and future medical expenses
Physical impairment for disability for injuries caused by staff negligence
Other out-of-pocket expenses

Who is More Susceptible to Being Neglect or Abused?

67 percent of victims are female, while 33 percent are male; however, 49 percent of abusers are male and 51 percent are female. One in five victims are 86 or older and suffer from some sort of barrier. 35 percent of reported cases of abuse were from social workers or medical personnel, while family members contributed for 16 percent of reports, followed by victims self-reporting in only 8 percent of cases.

What to do if My Loved One is Being Neglected or Abused in a Nursing Home Facility?

It’s important to bring any concerns of neglect or abuse to the nursing home facility, in addition to law enforcement. Our experienced nursing home abuse attorney’s will help you recover from abuse and neglect – we work for you and your loved one to get the reimbursement you deserve. Please call (312) 384-1920 to schedule a free, confidential consultation. Due to the statue of limitations, we must begin to work on your case right away.

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

Pritzker Creates Elder Abuse Task Force

August 19, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – The Department on Aging is responding to more than 20,000 reports of elder abuse that has occurred within the last year. Last Monday, Governor J.B. Pritzker created a 22-member Elder Abuse Task Force to further investigate current practices and raise the publics’ awareness of elderly abuse.

The newly-created task force was created through Senate Joint Resolution 13 and passed both houses unanimously. The Elder Abuse Task Force is staffed with legislators, agency heads, and elder abuse experts which range from state directors at AARP Illinois to an Illinois State Police captain.

The task force will analyze the effectiveness of elder protective services in Illinois and other states to develop a long-term plan to combat elder abuse in Illinois. Pritzker will be presented all findings and recommendations by January 1, 2021.

“One case of elder abuse would be too many,” Pritzker said. “But 20,000 annually is unacceptable. We need to tackle this head on.”

Paula Basta, the director of the Illinois Department of Aging, mentioned the reports of abuse included adults over the age of 60 and older and people 18 to 59 with a disability. She made note that abuse comes in many forms – it’s not limited to simply physical abuse, but furthermore passive neglect, financial exploitation, emotional and verbal abuse, among many more. In many cases, an elder is experiencing more than one form of abuse.

According to The Telegraph, the task force is staffed includes:

Katie Stuart – 112^th District Legislator
State Sen. Rachelle Crowe
Kristopher Tharp – Lieutenant, Madison County Sheriff’s Office
Tonya Genoese – Assistant State’s Attorney, Madison Country State’s Attorney Office
State Sen. Craig Wilcox
Debbie Verschelde – Executive Director, Aging Care Connections
Lori Hendren – Associate State Director, AARP Illinois
Dawn Wells – RN, Area Manager, Illinois Department of Healthcare and Family Services
Aimee Isham – Bureau Chief for Long Term Care, Illinois Department of Public Health
Paul Isaac – Senior Advisor to the Secretary, Illinois Department of Financial and Professional Regulation
Gene Seaman – Human Rights Authority Supervising Manager, Illinois Guardianship and Advocacy Commission

If you suspect a loved one is suffering from elder abuse, please contact Dinizulu Law Group, Ltd right away. Our experienced attorney’s work diligently until your case is resolved and your loved one is out of harm’s way. Please call our office at (312) 384-1920 or visit our website for more information.

Report Shows Nursing Home Abuse Increased But Extremely Underreported

July 29, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – A study recently conducted by the U.S. Government Accountability Office (GAO) shows an increase in nursing home abuse between 2013 and 2017, stating abuse deficiencies more than doubled. In 2017, abuse deficiencies were categorized at the highest levels of severity causing actual harm to residents or putting them in immediate jeopardy.

GAO identified the most common types of abuse and perpetrators including physical abuse (46 percent) and mental/verbal abuse (44 percent) were the leading forms of abuse, followed by sexual abuse (18 percent). Nursing home staff, which includes staff working in any part of the nursing home, are most often the perpetrators (58 percent), followed by resident perpetrators (30 percent), and other types of perpetrators (2 percent).

The federal law requires nursing homes to report allegations of abuse of reasonable suspicion of crimes committed against residents; however, Centers for Medicare & Medicaid Services (CMS) has not properly instructed nursing homes on what information should be included in incident reports. Furthermore, there is a lack of information given to state survey agencies which delays the determination of if an investigation should occur.

There are undeniable gaps in the CMS process for referring incidents of abuse to law enforcement, which can limit CMS’s ability to ensure nursing homes meet federal requirements to ensure residents are free of abuse. GAO noted issues relating to referring abuse to law enforcement in a timely manner, tracking abuse referrals, defining what it means to substantiate an allegation of abuse, and sharing information with law enforcement. GAO made recommendations for the respective issues addressed in gaps in the referral process.

Although physical, mental, and verbal abuse is less common than neglect, the review shows a substantial increase in abuse deficiencies cited in nursing homes. The study specifically highlights the largest increase in severe cases. The report notes imperative changes CMS must make to have information complete and readily available, in addition to reporting incidents to law enforcement upon reasonable suspicion a resident is in danger.

General Evidence of Abuse

A loved one may be experiencing abuse if there is a sudden change in their behavior and personality, and/or tension between an elder and their caregiver. The Nursing Home Abuse Center mentions signs and symptoms to look for if you suspect a loved one is being abused.

Physical Abuse

Unexplained broken bones, dislocations, or sprains
Bruising, scars or welts
Failing to take medication properly
Signs of restraint
Broken eyeglasses
Caregiver refusing to let you be alone with the elderly individual

Emotional

Unusual behavior that can resemble symptoms of dementia, including mumbling, sucking one’s thumbs, or rocking behavior
Witnessing the caregiver belittle, control, or use threatening behavior towards elderly person

Sexual Abuse

Unexplained STDs of other genital infections
Bruising on body
Stained, bloody, or torn underwear

Nursing home and elderly abuse is not limited to just abuse – neglect, health care fraud, and financial exploitation are all forms of abuse to consider. If you or a loved one has experienced or suspect elderly abuse is occurring, please contact Dinizulu Law Group, Ltd right away at (312) 384-1920 or by visiting our website. Due to the statue of limitations, we must begin working on your case right away.

Illinois Nursing Homes Ranked 3rd Worst in Country

June 17, 2019/in Blog/by Yao Dinizulu

Each nursing home is different than the next in terms of how patients are treated and being taken care of. Some nursing homes provide clients with excellent care following guidelines and procedures while another may be suffering a staff shortage, and employees may have to overcompensate by caring for more patients than they are able to handle resulting below quality care. A recent report from a non-profit advocacy group ranked Illinois as the 3^rd worst state in the country for nursing home quality.

Families for Better Care gave Illinois an “F” for the quality of its nursing homes (Chicago Tribune). Ratings include Washington D.C. in which Illinois was ranked 49^th in the country, only above North Carolina and Texas.

Nursing home residents in Illinois receive an average of only 1.6 hours of professional nursing care a day. Residents also receive roughly 2.2 hours of direct care that relates to daily needs such as going to the bathroom, help getting dressed, getting out of bed, and being turned to avoid bedsores. Nearly 97 percent of nursing homes in Illinois have had federal deficiencies or citations; moreover, 28 percent have severe federal deficiencies.

Although Medicaid is a state and federally funded insurance program, many Illinois nursing homes are challenged by low payments by it. Nationwide, Medicaid covers upwards of 60 percent of nursing home residents according to the Kaiser Family Foundation report (2017). The report states the typical cost of nursing home care is $82,000 annually. The state’s Medicaid reimbursement pay is about $35 less per resident than what the actual cost of caring for the resident is.

Illinois recently adopted a new-found budget that includes $240 million for Medicaid funding for nursing homes, $70 million which specifically is for staffing. Nursing homes that fail to meet staffing requirements will now face a financial penalty. Nursing homes that violate the requirement will have to post notices explaining themselves which is to be posted in each publicly used doorway into the facility, in the main lobby, next to the registration desk, and on their website.

Illinois law requires nursing homes to provide 3.8 hours of nursing and personal care per day for residents that need skilled care, and 2.5 hours for residents needing intermediate level care.

The top states for nursing homes are Hawaii, Delaware, and Alaska according to the Families for Better Care report. You can check out how the federal government rates individual nursing homes here. If you or a loved one has been a victim of nursing home abuse or neglect, please call Dinizulu Law Group, Ltd. at (312) 384-1920. Due to the statue of limitations, we will have to begin working on your case right away.