Chicago | Dinizulu Law Group, Ltd

Will Medicare’s New Payment System Prevent Nursing Home Neglect?

January 25, 2019/in Blog, nursing home neglect/by Yao Dinizulu

In 2016, nearly 11 percent of nursing home residents were sent to hospitals for conditions that might have been averted with better medical and staff oversight. This fiscal year, which runs October 2018 to September 2019, Medicare will implement a new system of accountability for nursing homes. To avoid hospital re-admissions of nursing home patients, medical will switch to a system of bonuses and penalties.

Through this fiscal year, the best-performing homes will receive 1.6 percent more for each Medicare patient than they would have otherwise. The worst-performing homes will lose nearly 2 percent of each payment. This move is intended to target nursing homes’ bottom lines.

Shifting financial incentives from the number of patients they house to the quality of care, Medicare is able to expand on its efforts to improve nursing homes.

Most nursing homes are for-profit and operate primarily on a basis of financial incentives. Therefore, it’s not uncommon to see nursing homes understaff their facilities and not provide care givers with the necessary tools and training to do their jobs.

The Dinizulu Law Group, Ltd. praises Medicare’s efforts to hold under-performing nursing homes accountable. We hope this strategy is successful in improving care for our elderly loved ones.

However, at the same time, we also need to address what will happen once under-performing facilities receive further budget cuts. After further Medicare cuts, will such facilities be even less motivated to hire or train adequate staff? And thus, will residents’ care in such facilities worsen?

While we won’t know these answers until we see the full effects of this Medicare policy, know that you can do something today if you or your loved one is suffering harm in a nursing home. There are legal options available right now that will hold the wrongful facility accountable and get the needed care for mom or dad. Schedule your free, initial consultation with the Dinizulu Law Group, Ltd. today. Our Chicago nursing home neglect attorneys have over 50 years of combined experience that we put to the test everyday fighting for injured victims. Contact us at 1 (312) 384-1920 or 1 (800) 693-1LAW, or by email.

FMCSA Exempts Truckers From California Meal & Rest Break Rule

January 21, 2019/in Blog, Trucking accident injury law/by Yao Dinizulu

In 2011, California passed a law requiring truck companies to provide their truck driving employees a “duty-free” 30-minute meal break for drivers who worked more than five hours a day, as well as a second “duty-free” 30-minute meal break for drivers who worked more than 10 hours a day.

The Federal Motor Carrier Safety Administration (FMCSA) just recently on Dec. 21, 2018 announced that California’s meal-and-rest break rules are preempted by federal hours-of-service regulations. The push for this ruling came from the American Trucking Association (ATA), a lobbyist group that represents the interest of trucking companies.

By attacking this regulation, the ATA wants to prevent similar measures from being enacted across other states. Asking for a meal break for truck drivers in not an unreasonable request. As workers, most of us are guaranteed meal breaks due to federal, state, and local labor laws. It’s only fair that truck drivers also have this right.

Not only does this rule create a better working environment for truck drivers, but it ensures safer driving on our highways. Due to the long hours they work, most truck drivers are forced to eat while driving. As their focus shifts off driving, crashes become more likely. An FMCSA study found that distracted driving was the leading factor in crashes. The study found that nearly 80 percent of crashes involved some form of distracted driving in the 3 seconds before the crash.

Distracted truck drivers cause injuries to themselves as well as to those who share the roads with them. When the trucking industry pushes for these types of rulings, they are showing zero concerns for their employees, the truck drivers, who may face life-threatening injuries as a result of these policies.

But you should know that you have options if you or your loved one was injured by a distracted truck driver. The Dinizulu Law Group, Ltd. has helped thousands of families arrive at a place of security and stability. The verdicts & settlements our Chicago truck accident attorneys have achieved on behalf of injured clients have helped many in their time of need. An injury caused by the fault of others shouldn’t be a blueprint for how you and your family live out the rest of your lives. To get help, schedule a free initial consultation with one of our Chicago IL truck accident lawyers by calling 1 (312) 384-1920 or 1 (800) 693-1LAW or reach us by email. Contact us today for more information.

Sepsis Caused By Nursing Home Neglect – A New Treatment Offers Hope

January 11, 2019/in Blog, nursing home neglect/by Yao Dinizulu

A new vitamin treatment made of vitamin C, thiamine, and steroids is offering new hope for patients suffering from sepsis. Sepsis, is a blood infection that can turn lethal in many cases and very quickly. CDC reports that one-third patient deaths in hospital is caused by sepsis.

Clinical trials have already started to test the treatment. One particular clinical trial called VICTAS (Vitamin C, Thiamine and Steroids in Sepsis) is leading the way. The hope is that the treatment will improve patient outcomes by at least 10%. 10% may not sound like much, but it has the potential to save tens of thousands of lives in the U.S. every year, reports NPR.

One of the main causes of sepsis is an untreated wound or infection. In American nursing homes, bed sores that should never occur are happening and then left untreated. This factor raises the risk of sepsis and death from the disease.

While there’s hope for this new treatment, preventing sepsis in many cases is not difficult. For example, in nursing homes, when employers properly train their staff and enforce all the needed protocols for wound care and prevention, sepsis is less likely to occur in these facilities.

As a nursing home abuse trial attorney, I get to see firsthand the devastating results when nursing homes have gaps in the care they provide to their residents. Your mom and dad shouldn’t suffer due to a nursing home’s negligence.

Contact the Dinizulu Law Group, Ltd. to get help. Our nursing home neglect attorneys have over 50 years of combined experience. Our verdicts & settlements have helped many arrive at a place of security and peace of mind. We can be reached at 1 (312) 384-1920, 1 (800) 693-1LAW, or by email. Schedule your free initial consultation now.

Truck Accident Prevention & Safe Travel For The Holidays

December 21, 2018/in Blog, Trucking accident injury law/by Yao Dinizulu

Many of us are traveling during the holidays to see family and friends. While it’s exciting to see loved ones again, it’s important to keep safety rules in mind as highways get more congested. Retailers and online stores rely on trucking companies to keep their shelves stocked or get inventory delivered to customers before Christmas. Therefore, many trucking companies are rushing to make deliveries on time. As this time crunch happens, it’s still very important that trucking companies and truck drivers are following the safety rules that are in place by the Federal Motor Carrier Safety Administration (FMCSA).

The FMCSA states that truck drivers are not to work beyond their regulated hours of service. But during this holiday season, it may be tempting for trucking companies to cut corners and accept more delivery routes than what they are able to safely manage. This opens up the door to sleepless truck drivers on our roadways, truck drivers who may not be properly trained, or truck drivers who forego cargo and safety checks before starting their route.

These kinds of oversights are not just simple mistakes. Loose or falling cargo on a highway where traffic travels at 80 miles per hour is a recipe for disaster. The truck driver, as well as surrounding cars, have little time to react in these situations. Furthermore, due to the sheer size trucks, larger vehicles take much longer to stop than an average sedan. As a result, if a sleepless truck driver makes a slow or delayed judgment in braking or slowing speed, the resulting accident can be life-threatening or create life-long injuries for the hurt victims.

Truck drivers need to be careful on the road for both their own and others safety. When truck companies cut corners, they jeopardize the safety of their employees as well as our community members. Imagine not being able to send your child to college because of an injury that keeps you out of work. The Dinizulu Law Group, Ltd. has helped thousands of families arrive at a place of security and stability. The verdicts & settlements our Chicago truck accident attorneys have gotten for injured clients have helped many in their time of need. An injury caused by the fault of others shouldn’t be a blueprint for how you and your family live out the rest of your lives. To get help, schedule a free initial consultation with one of our Chicago IL truck accident lawyers by calling 1-312-384-1920 or 1-800-693-1LAW or reach us by email.

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Preventing Truck Accidents in Winter Weather

December 7, 2018/in Blog, Trucking accident injury law/by Yao Dinizulu

As you may already know, winter weather requires us to be more careful on the roadway. To stay safe we can:

Drive at a reduce speed
Brake slowly and appropriately so as not to skid
Watch out for icy surfaces, especially on bridges
Clean snow and ice off our windshield properly before getting behind the wheel

While it’s important to be alert and control our vehicles properly during winter, truck drivers have an additional responsibility to drive safely due to the sheer size of these vehicles. Truck drivers have what’s called the “hours of service.” This means that according to the Federal Motor Carrier Safety Administration (FMCSA), truck drivers can only drive a certain amount of hours before they must rest and sleep.

If a trucking company forces its drivers to drive beyond their regulated hours of service, not only are they breaking the law, but such companies are putting the safety of their employees and others on the roadway in jeopardy. It’s not uncommon to hear of truck companies that push extra deliveries on its truck drivers, forcing the employee to work beyond the regulated hours of service.

If you or your loved one was injured in a truck accident, know that it might not be your fault. Factors such as the truck driver’s alertness, failure to reduce speed, properly observe surroundings among others could be the reason behind a truck crash. Furthermore, know that some trucking companies make a deliberate effort to bypass safety regulations in order to save on expenses. In such instances, the Dinizulu Law Group, Ltd. is here for you.

With verdicts and settlements reaching up to millions, our Chicago truck accident attorneys have over 50 years of combined experience in fighting for injured victims just like you. Conveniently located in downtown Chicago, we offer free initial consultations. Schedule yours at 1-312-384-1920 or 1-800-693-1LAW or by email to learn more.

How to Find the Right Nursing Home for Your Loved One?

November 19, 2018/in Blog, nursing home neglect/by Yao Dinizulu

There are many factors to keep in mind when choosing the right nursing home for your loved one. Should you find one that’s located near your parent’s residence or near yours? Is my mom still independent or does she need nursing home care? As questions like these and many other come to mind a good place to start is by evaluating the quality of care in nursing homes you may be considering.

Many nursing homes participate in Medicaid and Medicare programs that are responsible for funding these nursing home care facilities in Chicago and nationwide.

Medicare has a 5-star rating system that evaluates nursing homes based on the quality of care they provide. Factors like inspection results and staffing levels and many others come into play to rank nursing homes accordingly. Anyone who is considering a nursing home for themselves or for a loved one should first look at how the nursing home in their chosen area ranks.

Problems such as understaffing can be revealed through these Medicare rankings. Know that understaffing is one of the major causes of nursing home neglect. Kaiser Health News recently reported 1400 nursing homes received lower rating due to shortages in staffing.

Gaps in understaffing have caused malnutrition or dehydration for elderly residents to the point where families have lost loved ones. Understaffing is also linked several other signs of neglect. Residents who have limited mobility are at a higher risk to develop bedsores and other infections that are likely to go untreated and turn into life-threatening conditions in understaffed facilities. Elderly residents are already at a higher risk to recover from common illnesses. Add a nursing home that doesn’t provide adequate care and serious harm can happen to a loved one.

While many caregivers mean well, they cannot realistically provide all the needed care for all residents if it’s their employer that’s cutting corners. Nursing homes make a deliberate choice to save expenses by not hiring the needed staff. When the staff-to-resident ratio is unbalanced, nursing home neglect in a Chicago facility or elsewhere becomes inevitable.

While we encourage everyone to stay informed about the nursing home facilities in Chicago or elsewhere where you and your loved one may get the best care, nursing home neglect can happen in any facility. If you or your loved one is hurt in a nursing home due to lacking care, know that there are options for you. Contact the Chicago nursing home neglect attorneys of Dinizulu Law Group, Ltd. With over 50 years of combined experience, we have helped thousands of injured victims get justice and full and fair compensation at the time when they needed it the most. Reach our nursing home neglect lawyers in Chicago at 1-312-384-1920 or 1-800-693-1LAW, or by email.

Verbal Threats Are Still Nursing Home Abuse

November 2, 2018/in Blog, nursing home neglect/by Yao Dinizulu

When we think of nursing home abuse, we often think of elderly residents being hurt physically when care is lacking in a nursing home facility. Issues that often come to mind are:

Bed sores
Dehydration or malnutrition
Soiled clothes or linens
Bruises
Untreated infections

These physical forms of abuse can be investigated by the skilled and knowledgeable nursing home attorneys at the Dinizulu Law Group, Ltd. But it’s important to know that verbal and mental abuse is also common in nursing home facilities. In such cases, the law still guarantees you or your loved one protections. Verbal or mental abuses include threatening a resident by:

Yelling
Intimidation
Humiliation
Blame

Such examples include threatening to withhold food, intimidating the elder from socializing with visiting family members, or demeaning the elderly person for certain behavior. This type of emotional abuse can be silent as well, and this usually happens when a caregiver ignores the elder’s requests and needs.

While the physical signs of such abuse may not be immediately visible, the emotional and psychological impact of this abuse is damaging, and does ultimately have physical effects. Therefore, it is important to get help right away for your loved one. Know that Illinois law entitles you or your loved one to full and fair compensation if you or your family member has been affected by verbal or mental abuse.

At the Dinizulu Law Group, Ltd. our nursing home abuse attorneys in Chicago are dedicated, knowledgeable, and have over 50 years of combined experience. We hold those liable who have brought harm to you or your loved ones. Our verdicts & settlements have helped many families get answers and arrive at a place of security. Call our Chicago nursing home abuse lawyers at 1 (312) 384-1920 or 1 (800) 693-1LAW or reach us by email to get more info.

How Can “Black Boxes” Help in Your Truck Accident Case?

October 19, 2018/in Blog, Trucking accident injury law/by Yao Dinizulu

When you think of black boxes, you may typically think of them as being linked to an airplane crash. Anytime a plane crashes, the plane’s black box can be used to investigate the cause of a crash and prevent the same from happening again.

A similar investigation can also be carried out using a commercial truck’s black box in the case of a truck accident. Referred to as ELDs (electronic logging devices), these black boxes capture significant information that help explain the cause of a truck crash. This includes:

Driver speed (including average speed)
GPS coordinates
Steering position
Braking activity, including whether the brakes were applied
Whether seatbelts were in use
Whether the driver slammed on his or her brakes

Since Dec 2017, most trucking companies are required to have an ELD installed in their commercial vehicles that has been registered with the FMCSA (Federal Motor Carrier Safety Administration).

While this black box is available in a majority of trucks, in the case of your truck accident the truck’s insurance company will oftentimes never volunteer this data to you. It takes a personal injury law firm with skilled and knowledgeable truck accident attorneys to gather this information for you.

When hiring a truck accident attorney in Chicago or elsewhere, it’s important to ask the personal injury firm in Chicago or elsewhere what type of resources they have available and what kind of experts they work with? At the Dinizulu Law Group, Ltd. we work with well-qualified truck experts who can perform the necessary black box downloads and then interpret this data in a meaningful way.

These findings become critical in truck accidents involving disputed liability. When the truck company disputes fault and refuses to accept responsibility, as they often do, our experts’ findings have helped many recover fair compensation for their injuries. Check out our verdicts and settlements page to see these results. For a free, initial consultation with one of our Chicago truck accident lawyers, contact us at 1-312-384-1920 or 1-800-693-1LAW or by email.

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When Forced Feeding is Nursing Home Abuse

October 10, 2018/in Blog, nursing home neglect/by Yao Dinizulu

As our loved ones age, their appetites may diminish or they may have health conditions that cause difficulty in eating and swallowing food. When this happens it’s important that our loved ones are not malnourished or dehydrated due to a reduced nutrient intake.

Long-term residential facilities like nursing homes are required to provide around-the-clock care for their residents. This includes not just feeding residents, but also monitoring their daily calorie and nutrient intake.

Residents with health conditions like dysphagia have trouble swallowing food and are more likely to aspirate, meaning getting food or liquid breathed into the airway, which may lead to pneumonia. But even in these instances, a feeding tube should only be used as a last resort to prevent malnutrition or dehydration. Initial steps can be taken to help a resident get adequate nutrition. Such steps include:

Providing a resident with physical therapy to help with swallowing or using utensils
Providing utensils that are easier to hold and use
Sitting with the resident and manually feeding the resident

If any of the preliminary steps work and help a resident get the daily calorie intake they need, there is no reason to put a resident on a feeding tube. But many nursing homes, for their own convenience and in order to save on staff expenses, will put residents on feeding tubes even when it’s not absolutely necessary. Remember, a nursing home cannot order the use of a feeding tube without the consent of the resident or the resident’s authorized representative unless other options have been exhausted.

Feeding tubes can be live savers, but they can cause complications which are easily avoidable for residents who can eat well through other means. If your loved one is put on a feeding tube you believe is unnecessary, this may be a form of nursing home abuse. Our Chicago nursing home abuse attorneys are here to help if you or your loved one is in harm’s way. Contact the Dinizulu Law Group, Ltd. at 1 (312) 384-1920 or 1 (800) 693-1LAW or by email.

Quality Care Harder to Find for Residents with Mental Health Issues

October 5, 2018/in Blog, nursing home neglect/by Yao Dinizulu

Our elderly loved ones often need care in a nursing home if they face a mental condition like Alzheimer’s disease or other forms of dementia. This study performed by the University of Rochester School of Medicine and Dentistry in New York found that nursing homes with the highest Medicare rating are the ones least likely to admit patients with mental health conditions.

Even manageable conditions like depression and anxiety lower a resident’s chance of acceptance in the best facilities by 8%. With bipolar disorder, patients were 11% less likely to go to a five-star facility; the odds were 28% lower with schizophrenia, 27% lower with a substance abuse problem, and 32% lower with personality disorders.

Even after excluding dementia and Alzheimer’s disease, which are among the most common causes of nursing home admissions, people with other mental health conditions account for about 50% of all nursing home residents. Knowing these figures, we can only conclude that most five-star facilities are not accessible to the patients most in need.

As a result, what happens is patients with the most needs, such as those who need help with basic daily activities, such as bathing, dressing, and eating, end up in one-star facilities. These facilities receive low ratings due to violations in the quality of care. Meaning, these facilities are already not meeting their existing obligations to all their residents. Add a resident with many physical or mental needs to such a facility and the problem becomes worse.

When a resident with Alzheimer’s or another mental health condition has limited residency options and ends up in a one-star facility, that resident becomes more prone to nursing home neglect. One-star facilities have low ratings because they do not hire adequate staff, have poor training protocols, and may not even be well-versed in dealing with residents with mental health needs, even though many such residents are ending up in these facilities.

At the same time, we should all know that nursing home neglect can happen in any facility. The rate of nursing home neglect has been rising in Chicago and nationwide. Our Chicago nursing home neglect attorneys are here to help if you or your loved one has been harmed in a nursing home. With over 50 years of combined experience, we have recovered millions in verdicts and settlements. Our nursing home neglect lawyers are here for you. Call us at 1 (312) 384-1920 or 1(800) 693-1LAW, or reach us by email.