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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.

What are some signs that might indicate bed bugs and other insects are living in my loved one’s nursing home?

September 25, 2019/in Blog/by Yao Dinizulu

Nursing homes in Illinois and all across the U.S. are required to meet certain state and federal standards that stipulate the type of environment a home is expected to provide its residents with. Not only must the facility be kept clean and tidy, but it should also be sanitary so viruses and diseases have nothing to feed off of and bed bugs and other insects don’t have an environment that is conducive for them to survive in. Unfortunately, there are facilities that aren’t being maintained which results in the home becoming hazardous and unhealthy for the residents who are living there.

Vietnam Vet Dies Days After Being Bit by Ants More Than 100 Times

After Laquna Ross went to visit her father Joel Marrable at the Eagle’s Nest Community Living Center, which is a nursing home for veterans located on the Atlanta VA Medical Center campus, she noticed something rather concerning. Her father, who was an Air Force veteran, had swollen hands and his body had red bumps all over it, says ABC News. Obviously, Ross was alarmed to see her father like this as it wasn’t how he looked the last time she had seen him.

When Ross reported her father’s condition to a staff member, their response was “You know, the ants. When we walked in here, we thought Mr. Marrable was dead. We thought he wasn’t even alive because the ants were all over him.” After hearing this, Ross couldn’t help but wonder what the protocol was inside these types of facilities to manage these situations.

Sadly, Ross’ father died days after he had been bitten up by ants.

While Ross knew her father was going to die as he had been suffering from cancer, perhaps the ant bites “promoted his body to die quicker.” She told the news source that after she had informed the staff about her father, they bathed him and cleaned his room. But that wasn’t enough to get rid of them. The ants returned the next day and that is when the staff decided to move him into a new room which is where he later died.

Ross shared with the news outlet that her father’s room had ants everywhere. They were on the ceiling, the walls, and the beds. After the Atlanta VA Hospital got word of the incident, a spokesperson for the facility released a statement saying they had taken action to address the issue by “stripping all the bedrooms and inspecting them for ants, removing all open food containers, hiring a pest control company to do an inspection, and purchasing plastic containers for the residents’ snacks.”

Although the facility did proceed to take preventive measures to reduce the chances of this happening again, you can’t help but wonder why these measures weren’t taken once the staff saw Marrable crawling with ants. It wasn’t until his daughter notified the staff that something was actually done. It is for this reason that the Chicago, IL nursing home abuse attorneys here at Dinizulu Law Group, Ltd. encourage you to visit your loved one regularly and report any signs of odd behavior, markings on your loved one, or anything out of the ordinary so that is can be properly addressed. If you find that the staff is not handling the issue accordingly, you should then contact our office immediately at 1-312-384-1920.

Signs that Your Loved One’s Nursing Home Might Have Bed Bugs and Other Insects Living Inside of it

As unwholesome as it sounds, insect infestation has proven to be a serious issue for residents living in nursing homes which is why we encourage you to look for the following signs that might indicate there are insects such as bed bugs living in the nursing home your loved one currently resides in.

Signs of Bed Bugs

Bed bugs generally hide during the day which makes them difficult to spot, according to Orkin so be sure to keep your eye out for the tiny, rust-colored stains they tend to leave behind. You will want to look in the following places for these spots:

The mattress tags and shams
The ceiling
Under seat cushions
Behind the headboard
You’ll also want to look for areas that might be potential hiding spots for bed bugs such as lifted wallpaper.

Some other insects aside from bed bugs that tend to lurk in nursing homes include scabies and the only way to tell if your loved one is living in a place that fosters an environment for these bugs to survive in is to remain vigilant during each of your visits. For example, you should inspect your loved one each time you go to seem them to be sure they don’t have any raised bumps, bites, rashes, blisters, pimples, etc. and if you notice anything that could potentially be a bug bite, report it to the staff immediately.

The Chicago, IL nursing home my loved one lives in is unsanitary and dirty. What can I do?

For starters, you might want to notify the staff of the conditions you are witnessing and consider looking for a new home for your relative to live in. You can also contact one of our Chicago, IL nursing home abuse attorneys to learn more about what your family member’s legal rights are when they are forced to live in unhealthy or hazardous conditions.

You can contact Dinizulu Law Group, Ltd. at:

221 North La Salle Drive, Suite 1100
Chicago, IL 60601

Phone: 1-312-384-1920

Website: www.dinizululawgroup.com

How do I Ensure a Nursing Home’s Physical Condition is Suitable for My Loved One to Live in?

September 9, 2019/in Blog/by Yao Dinizulu

Choosing the right nursing home for your loved one to live in takes time and consideration as many things must be assessed. Aside from taking into account past inspection reports as well as the quality of staff that is employed at the home, you must also assess the physical condition of all areas of the home that your loved one is going to be exposed to. The fact is, a nursing home facility must be set up in a way that promotes safety and cleanliness and decreases the chances of an accident happening.

Note: Elderly individuals tend to have weaker immune systems and are prone to falling so you need to be sure the home you choose won’t put them at risk of becoming ill or injuring themselves.

Physical Conditions You Should Assess When Choosing a Nursing Home for a Relative

Although the physical condition of the nursing home isn’t the only thing to consider when selecting a nursing home for a relative, it is a very important part of the process. Therefore, below we are outlining for you some physical considerations we’d like you to take into account if you are planning on moving a loved one into a nursing home in Chicago, IL or looking to relocate a relative into a new facility.

Does the facility emphasize accident prevention? The Illinois Department of Public Health (IDPH) says that the facility should eliminate hazards that could lead to a mishap occurring. For example, “all areas should be clear of small low objects that can cause a person to trip” and “there should be no throw rugs or small areas rugs” present where residents walk. The facility should also use chairs that are sturdy and cannot tip over easily as well as have handrails present in the hallways and bathrooms so that the residents have something to grab hold of should they need it.

The IDPH says that each of the bedrooms in a nursing home should open up to a corridor and have a window. There shouldn’t be more than four beds in a room and the area should be easily accessible. Some other things residents should have in their room include:

A nurse call bell
Reading light
Closet space and drawers to store personal belongings

Tip: If you do not feel comfortable with having your loved one room with someone else, you can request that they have their own room. While some facilities may accommodate this request, others may not have the space to do so. Nursing homes should consider the special interests and personalities of any two residents before putting them into the same room as you wouldn’t want any conflicts to arise.

Fire safety. The facility you are considering should be complying with the State of Illinois’ fire safety codes. The IDPH suggests that you request to see when the facility last had a fire inspection completed to ensure it is up to date with inspections. You will also want to choose a facility that has clearly labeled its exits and has a plan in place in the event an emergency arises.

Tip: Ask the facility director or another person in charge about fire drills. The IDPH says “a good home puts residents through frequent fire drills to acquaint them with the quickest way to leave the building wherever they may be at the moment.”

The kitchen should be separated into areas. For example, the IDPH says that food preparation, garbage, and dishwashing areas should be separated from one another and any food that needs refrigeration shouldn’t be left out on the countertops. You’ll also want to check the area for cleanliness as you wouldn’t want your mom or dad’s food prepared or stored in an unsanitary place.

Isolation rooms. The facility should be equipped with an isolation room that can be used for a resident to stay in who has caught a contagious disease.

The hallways must be large enough for at least two wheelchairs to pass through with ease. There should also be handgrip railings on either side of the hallway for residents just as a precaution.
Dining rooms. The dining room should be set up in a way that is “attractive and inviting.” The chairs should be comfortable for the residents and the area should be accommodating to wheelchairs.

To read about the other physical considerations you should take into account when choosing a nursing home, visit the IDPH’s website by clicking here.

Before you settle on a single nursing home in Chicago, be sure to request a tour so you are able to assess the facility’s physical conditions mentioned above. If you are relocating a loved one who happened to have been mistreated at the previous facility they resided in, contact Dinizulu Law Group, Ltd. to speak with a Chicago, IL nursing home abuse attorney. We will not only help you find a new home for your relative to live in but we can also help you to take the necessary steps to hold the other facility liable for your loved one’s pain and suffering.

You can contact Dinizulu Law Group, Ltd. at:

221 North La Salle Drive, Suite 1100

Chicago, IL 60601

Phone: 1-312-384-1920

Website: www.dinizululawgroup.com

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.