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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.

Better Oversight in Needed in Nursing Homes to Protect Residents

December 16, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – The Centers for Medicare and Medicaid Services (CMS) is responsible for ensuring nursing homes nationwide meet the federal quality standard of care, including residents be free from abuse. CMS has a contract with state agencies that allow citations on nursing homes for any incidents of abuse.

What GAO Found

In June 2019, the U.S. Government Accountability Office (GAO) report found that from 2013 to 2017, nursing home abuse citations more than doubled, increasing from 430 reports in 2013 to 875 in 2017 and the largest increase in severe cases. There are gaps in the oversight that make it difficult to protect residents from the abuse occurring within nursing home facilities.

Specifically, the main concerns by GAO include:

Information on abuse and perpetrator types is not readily available. CMS’s database does not allow the type of abuse or perpetrator to be identified by the agency. Specifically, CMS does not require state agencies to record abuse or perpetrator type, and even when recorded, it cannot be easily analyzed by CMS. GAO suggested that CMS require state agencies to submit data on abuse, perpetrator types, and HHS concurred.
Facility reported incidents lack key information. Federal law requires nursing homes to self-report allegations of abuse and covered individuals to report reasonable suspicions of crimes against residents. CMS has not provided any guidance to nursing homes on what information should be included in facility-reported incidents, which contributes a lack of information to state agencies and delays in on-going investigations.
Gaps exist in the CMS process for state agency referrals to law enforcement. There are gaps in CMS’s process for reporting incidents to law enforcement officials. These gaps may limit or delay CMS’s ability to ensure that nursing homes meet federal requirements to ensure residents are free from abuse. GAO identified issues relating to:
1. Referring abuse to law enforcement in a timely manner,
2. Tracking abuse referrals,
3. Defining what it means to substantiate an allegation of abuse,
4. And sharing information with law enforcement.

Recommendations by GAO for Executive Action

The administrator of CMS should require that abuse and perpetrator type be submitted in CMS’s databases for deficiency, complaint, and facility-reported incident data where CMS can systematically assess trends in these data.
The administrator of CMS should develop and guide – using a standardized form – to all state agencies on the information nursing homes and covered individuals should include on facility-reported incidents.
The administrator of CMS should require state agencies to immediately refer complaints to law enforcement if they have reasonable suspicion that a crime against a resident has been committed when the complaint was received.
The administrator of CMS should conduct oversight of state agencies to ensure referrals of complaints, survey’s, and incidents within a reasonable suspicion be referred to law enforcement in a timely manner.
The administrator of CMS should develop guidance for state agencies clarifying allegations verified by evidence should be substantiated and reported to law enforcement and state registries in cases where federal deficiency may not be appropriate.
The administrator of CMS should provide guidance on what information needs to be contained in the referral of abuse allegations to law enforcement.

Why GAO Conducted this Study

Nationwide, nearly 1.4 million elderly or disabled individuals receive care in more than 15,500 nursing homes. CMS, an agency within the Department of Health and Human Services (HHS), defines the standards nursing homes must meet to participate in the Medicare and Medicaid program.

Often times, nursing home residents have physical or cognitive limitations that can leave them vulnerable to abuse. Abuse of nursing home residents can occur in many forms – including physical, mental, verbal, and sexual – and can be committed by staff, residents, or others in the nursing home. Any incident of abuse is serious and can result in potentially devastating consequences for residents such as mental anguish, serious injury, and even death.

What to do if You Suspect Abuse

You should contact an attorney immediately who is knowledgeable and experienced in nursing home abuse to ensure your loved one’s rights are fully protected. A lawyer may serve as the liaison between your family, the nursing home, and IDPH during the investigation, or can conduct an independent investigation.

An attorney will help assess your options to seek relief through a lawsuit, which can include compensation for any physical, emotional, or financial harm your loved one has endured.

To schedule a free consultation, please contact our office at (312) 384-1920 or (800) 693-1LAW. Please visit our website for any additional information including previous verdicts and settlements.

How do I report nursing home abuse in Illinois?

December 3, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Making the decision to place a loved one in a nursing home facility can be very stressful for the person, as well as the family. You can do all the research for your loved one and where you think may be best suited for their needs. You can even talk to the facility, staff members, and tour the facility to make sure it is their best option.

But even then, the facility may not turn out to be as great as you thought it was. What if you visit your loved one, and notice something may be off? Nursing home abuse is more common than you think, and often is not reported. You may be confused and not know what’s going on, and sometimes your loved one can’t verbalized what they’re experiencing. According to the Nursing Home Abuse Center, these are the steps you should take if you suspect your loved one is being abused:

Evaluate the situation

Before reporting abuse, you should assess why you want to report suspected abuse or neglect. It’s a good idea to write a summary of what has happened so you don’t miss anything when reporting a nursing home facility. Some questions to ask yourself include:

Did my loved one complain about treatment that he or she is receiving in the nursing home? Have other residents voiced similar complaints?
Have I seen signs of abuse and neglect such as bed sores, cuts, or bruises?
Did I personally witness abuse or neglect of my loved one?
Who has inflicted the harm my loved one has suffered?
When did the harm occur?

The more you understand your concerns, the better you will be able to communicate these concerns to authorities. Please assess whether your loved one may be facing immediate harm. If so, you should take steps to immediately remove him or her from the facility.

File a complaint with local Illinois Long-Term Care Ombudsman or Senior Helpline

Once you understand the situation at hand, contact your local Illinois Long-Term Ombudsman Program. This program provides nursing home residents with their own advocates that will help them with any complaints they may have, as well as enhance their overall quality of life. This program is normally free of charge. The Ombudsmen are able to:

Listen to the concerns of the patient and their family members
Inform residents of their rights and possible legal action
Provide information on different nursing home options
Work with the current nursing home staff to make changes
Get law enforcement involved, if necessary.

You can find contact information for your local Ombudsman by visiting the Department of Aging website, or by calling the toll-free number (866) 800-1409 or (888) 206-1327 (TTY).

The Ombudsman may attempt to work directly with the nursing home facility to address the issue raised by your complaint. If that doesn’t resolve the issue, the Ombudsman will assist you in a complaint with the Illinois Department of Public Health (IDPH).

You can also report suspected abuse or neglect by contacting the Senior HelpLine. The Senior HelpLine is available Monday through Friday from 8:30 a.m. to 5 p.m. You can call their toll-free number at (800) 252-8966 or (888) 206-1327 (TTY) or by e-mail at aging.ilsenior@illinois.gov.

File a complaint with IDPH

The next step is to file a complaint with the IDPH. You can download the IDPH Complaint Form and send it to IDPH by fax or mail, or you can use the form to guide you if you’d like to report by phone.

Be prepared to answer the following questions:

Who was the resident that was abused or neglected? Be prepared to give the name and age of your loved one. Please provide the names of staff members or administrators you believe to be involved.
What happened to the nursing home resident? Be prepared to describe specific acts of abuse or neglect that you believe to have occurred. For example, was your loved one assaulted by a staff member? Are staff members administering medications without authorization? Have you found bedsores on your loved one from nursing home staff failing to re-position them?
When did the abuse or neglect occur? Provide specific dates or time periods in which the abuse or neglect occurred.
Where is the facility located? You will need to provide the name of the nursing home and where the facility is located. You can verify this information by visiting the IDPH’s nursing home directory. Please provide the room number and floor number the mistreatment occurred on.
How was the resident harmed or potentially harmed? Keeping a journal to note the harm your loved one has endured is important so you are able to relay this information to IDPH and potentially the authorities. Being able to describe specific instances of harm your loved one has experienced is critical.

You can contact IDPH at:

Phone: (800) 252-4343 or (800) 547-0466 (TTY)
The hotline is open from Monday through Friday 8:30 a.m. to 4:30 p.m.

Fax: (217) 525-8885

Mail: Illinois Department of Public Health
Office of Health Care Regulation
525 W. Jefferson Street, Ground Floor
Springfield, IL 62761-0001

If you would prefer to stay anonymous, you can do so; however, if you would like to receive a written confirmation that your complaint has been received and to be informed of the results of IDPH’s investigation, you must give your name, address, and phone number. IDPH will not reveal your identity as the one who filed the complaint unless:

You give written permission.
Your identity is essential to the investigation.
A court case is filed by IDPH against the nursing home.

It’s important to know the facility cannot retaliate against your loved one which includes harassment, discharge or transferring the resident, simply because you filed a complaint. The IDPH is legally obligated to investigate your complaint. If you report abuse or neglect, IDPH must complete an investigation within seven days. All other investigations must be completed within 30 days.

Keep an eye out

Although you reported abuse or neglect, it’s important to still keep an eye out for your loved one until the issue is resolved. Whenever your visit your loved one, make sure to take a look around and check for anything that may be out of order. It’s also important to make sure your loved one is happy and healthy. If you ever find yourself suspecting abuse occurring in your loved ones facility, report it immediately. Time is crucial, especially in a circumstance like this.

Contact a lawyer

It’s important to contact an experienced and knowledgeable nursing home abuse lawyer to ensure your loved ones rights are fully protected. A lawyer can serve as a liaison between your family, the nursing home, and IDPH during the investigation, or can conduct an independent investigation.

A lawyer will help your assess your options for seeking relief through a lawsuit which can include compensation for any physical, emotional, or financial harm your loved one has endured.

To schedule a free, no obligation consultation, you can contact our office at (312) 384-1920 or (800) 693-1LAW (toll-free). Please visit our website for any additional information including verdicts and settlements.

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.

How To Improve Your Parent’s Care At A Nursing Home

April 14, 2017/in Blog, Elder abuse, nursing home neglect/by Yao Dinizulu

If you have a loved one in a nursing home, then you need to know what a care plan is. It can mean the difference between your loved one being neglected or receiving the care that they need. Watch the video to learn more.

A care plan is essentially an individualized road map of the care that your loved one will receive. It takes into account the resident’s diagnosis and individual needs. What kinds of therapies will they receive for their conditions? What kind of nutrition do they need? How about their daily schedule? Do they need daily exercise? Are they bedridden and require repositioning? These are all questions that will be discussed during their care plan conference. Any staff or doctors that will be in charge of your loved one’s care should be in attendance so that all parties can be on the same page.

Once the care plan is complete, it’s your job to ensure that the plan is being enacted. You have to make sure to stay in constant communication with staff and doctors so that they know you are serious about the care your loved one is receiving. If any changes occur with your loved one, you have to make sure that the care plan is updated and that all those are who are a part of the plan are on the same page. Watch the video to learn more.

If you suspect nursing home neglect abuse or is happening to your loved one it’s important to contact a well-experienced nursing home neglect attorney. At the Dinizulu Law Group, Ltd., with over 60 years of combined experience, we handle these type of cases all the time. If you have questions, please email or call us at 312-384-1920 or 1-800-693-1LAW. Our Chicago nursing home abuse lawyers are here for you. You may also learn more about nursing home neglect and abuse through our media page where you will find more videos and content on this important issue.