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Why Do Nursing Homes Drug Dementia Patients Without Their Consent?

May 5, 2020/in Blog/by Yao Dinizulu

The Human Rights Watch estimates nearly 179,000 people in nursing homes are administered antipsychotic drugs every week without having a diagnosis for which the drug is approved. The use of antipsychotic drugs as chemical restraints has a long, disturbing history in nursing homes. Many times, staff members use antipsychotics to convenience or “discipline” a resident.

Manufacturers have faced many civil and criminal penalties in the last decade for the misbranding of the medication to promote the drug as appropriate to treat older people suffering from dementia. The Food and Drug Administration (FDA) has required manufacturers to place a “black box warning” on the packaging, advising against the medicine and the side effects it may have on an individual. Antipsychotics being administered to someone with dementia almost doubles the risk of death for them and have never been approved as safe or effective. Despite the warning, nursing homes still administer antipsychotic drugs, sometimes without informed consent first, which is a violation of federal regulation and a person’s human rights.

Antipsychotics are powerful drugs developed to treat schizophrenia; however, nursing home staff often administer them to those with dementia for the sedative effects. Government regulations prohibits the use of drugs as chemical restraints or without informed consent.

Antipsychotics are misused for a variety of reasons, including the misperception by nursing homes that medications may help those with dementia, lack of awareness of the danger of the drug, lack of training in dementia care, and possibly the most significant, to compensate for understaffing. Kaiser Health News found that nursing homes have been exaggerating levels of nursing and caretaking staff for years, according to The Washington Post.

In most cases, antipsychotic drugs are administered in a harmful way without the appropriate consent. Nursing home residents and family members have reported the resident was given the medication without their knowledge, awareness of risks or dangers, or any objections of their own. Staff members have admitted they we not aware of an informed-consent policy, rather they gave it to the resident out of their own convenience. Nursing staff, pharmacists, and medical directors commonly prescribed medication to residents without even seeing them.

Antipsychotic drugs are a favorite among psychotropic medications in nursing home facilities because dementia is associated with aggression, anxiety, agitation, delusions, disinhibition, irritability, and wandering. Federal regulations say residents have a right to be informed of their treatment, or their right to refuse treatment; however, nursing homes ignore these rules, partly because they are rarely held accountable.

An 81-year-old man in Texas spoke out about his experience being over medicated, saying, “too many times I’m given too many pills. I can’t even talk. I have a thick tongue when they do that. I ask them not to give me the antipsychotic drugs. When I say that, they threaten to remove me from the home. They get me so I can’t think.”

The Human Rights Watch found 97 percent of citations for violations at nursing homes were related to antipsychotic drugs from 2014 to 2017. In almost no cases, the government did not impose financial penalties, leading to the likelihood of it occurring again. Nursing homes are mostly a for-profit industry, controlling most aspects of their residents’ lives.

If you or a loved one is injured due to a medication error you believe was unnecessary or wrongfully given, reach out to one of our experienced nursing home abuse attorneys. We have helped thousands of wronged victims get the justice and compensation they deserve. With over 50 years of combined experience, our verdicts and settlements have helped clients have a peace of mind and security. Please call the Dinizulu Law Group at (312) 384-1920 to schedule a free consultation or visit our website for more information.

Chicago Nursing Home Facing Allegations of Nursing Home Neglect

June 6, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Mayfield Care Center, a nursing home in Chicago, is facing allegations of nursing home neglect. Due to a staff shortage, residents have been left neglected and been living in poor living conditions.

According to CBS, Stan McKinney and his sister Geraldine believe Mayfield Care Center contributed to the death of their mother, Dorothy. This isn’t the first time Mayfield Care Center has been put into question. Stan McKinney recalled the times he would visit his mother and stated, “It was just the smell of death. It was gross neglect. I’ve gone when she was just on a mattress. There was no linen.”

Geraldine McKinney witnessed on multiple different occasions her mother being nude walking around on the floor she resided on. The McKinney’s wrote letters to Mayfield’s managers detailing what they witnessed and the neglect their mother was receiving. Dorothy McKinney passed away in 2017 from a staph infection after being neglected and suffering from severe bed sores.

Staff shortage has caused employees to be responsible for 40 residents, sometimes up to 70 leading to residents receiving improper care and neglect.

Mayfield Care Center has been sued nearly 50 times with most cases ending in settlements. According to the Illinois Department of Professional Regulations, Mayfield has been cited for insufficient nursing staff and has been investigated for several complaints but cited for none.

Studies conducted by the National Council on Aging estimate every 1 in 10 Americans over the age of 60 have experienced some form of elder abuse. There is 1-2 million cases of elder abuse per year; only 1 in 14 cases of abuse are reported to authorities.

Elder abuse includes physical abuse, emotional abuse, sexual abuse, exploitation, neglect and abandonment. The National Council of Aging (2018) suggested the most common warning signs of elder abuse, (but are not limited to):

Physical abuse: bruises, broken bones, abrasions, burns
Emotional abuse: unusual depression, strained relationships, withdrawal from normal activity, sudden change in alertness
Financial abuse and exploitation: sudden changes in financial situation
Neglect: bedsores, weight loss, poor hygiene, unattended medical needs
Verbal abuse: threats, use of power to control individuals

If you suspect a loved one is suffering from elder abuse in a nursing home or other long-term care facility, please contact Dinizulu Law Group immediately. We take allegations very seriously, and will work diligently until your case is resolved and your loved one is out of harm’s way. Please call us at (312) 384-1920 or visit our website for more information.

The Dangers of Truck Accidents in Illinois

May 23, 2019/in Blog, Trucking accident injury law/by Yao Dinizulu

CHICAGO, IL (May 23, 2019)– As more licensed drivers and motor vehicles enter the roadway, it’s no surprise the number of traffic fatalities and injuries will steadily increase over time. The Illinois Department of Transportation reported that tractor-trailers contribute to roughly 11,000 accidents, including 106 accidents being fatalities (2016). Large trucks contribute to a staggering 13 percent of car accidents that occur within Illinois.

Commercial trucks include tractor-trailers hauling freight, construction vehicles, delivery trucks, emergency service vehicles and so forth. As the demand and use of trucks increases, it is important to note that smaller passenger vehicles are simply outweighed by heavy-weighted trucks. Nearly 80 percent of crashes involving trucks take place during the day in clear weather.

Trucks pose an inherent danger to other drivers on the road; in fact, there are specific laws and regulations in place at the federal and state level to ensure truck drivers are properly trained and meet certain standards that qualify them to drive a tractor trailer. Some basic standards all drivers must meet include being tested for drug and alcohol use, how often drivers are driving per day, passing a DOT physical that tests your eyes, ears, overall well-being. Other basic standards include obtaining a valid Commercial Driver License (CDL), all drivers must pass an endorsement test depending on the type of CMV that will be driven, and the truck must pass an air brakes test (Federal Motor Carrier Safety Administration, 2019).

Due to the pressures to meet company deadlines, trucking companies and drivers violate the safety rules and regulations put in place to protect us all from harm. A study conducted by the FMCSA found that over 66 percent of crashes involving trucks involved regulatory, brake, or marking violations. A trucking company could also be held accountable for “negligently hiring” an unfit driver who was not properly trained or a had bad driving history and caused a crash.

In the event that a loved one is killed in a trucking accident, family members may pursue a wrongful death claim. The Wrongful Death Act (740 ILCS 180/0.01) states whenever the death of a person shall be caused as a wrongful act, neglect or default of others, a person can pursue the negligent party at fault to recover any loss or damages due to their loved one’s death. Personal injury lawsuits following a truck collision intend to compensate the victim or their loved ones for harm resulting from the negligent acts of the trucking company providing damage of death, disfigurement, paralysis, burns, loss wages, medical costs and pain and suffering.

The statute of limitations limit how long you have to file a lawsuit. As such, it is important that you inquire with an experienced attorney immediately to preserve your legal rights. Our, experienced truck accident attorneys at Dinizulu Law Group, Ltd. will identify the help you need. With more than 50 years of combined experience, our legal team has protected and brought justice to victims and their families throughout Chicago and Illinois. Due to limitations and regulations, trucking accidents differ from car accidents and our attorneys will need to begin working on the case right away. Reach out to us online or by calling 312-384-1920 to further discuss your legal options.

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How Payroll Records Can Help Prevent Nursing Home Neglect

March 1, 2019/in Blog, nursing home neglect/by Yao Dinizulu

The Centers for Medicare & Medicaid Services (CMS) is now doing more to crack down on understaffing in nursing homes. By passing a payroll records submission requirement for nursing homes that went into effect in April of last year, CMS now has a better method to judge which facilities are truly understaffed. Prior to this rule, CMS simply asked nursing homes to check a box when asked about their staffing levels.

By requesting payroll records, CMS is forcing nursing homes to provide evidence-based documentation to show staffing levels. CMS has a rule that requires nursing homes to have a registered nurse on site for at least eight hours every day. When these payroll records were analyzed, there were serious gaps in skilled nursing facility staffing in comparison with what was reported in previous years. As a result of their findings, CMS hit almost 1,400 facilities with one-star ratings for staffing coverage. Ratings for nursing homes you may be considering can be found at Nursing Home Compare.

There is a direct link between understaffing and the quality of care residents receive at a nursing home. Nursing home neglect is often found in understaffed facilities. While this new directive instructs inspectors to more thoroughly evaluate staffing at facilities CMS flags, the quality of care at many facilities won’t change overnight, nor will there be a flurry of unannounced inspections. Instead, Medicare wants heightened focus on nursing homes from inspectors when they come in for their routine reviews, which are scheduled roughly once a year for most facilities.

If you or your loved one is suffering in a nursing home, today you don’t need to wait for CMS to act. If your mom or dad is at an understaffed nursing home that didn’t properly care for your loved one and caused them injury, know that there are options for you and your family. The Dinizulu Law Group, Ltd. can represent you and help you collect full and fair compensation from those who have harmed your loved one. Our verdicts and settlements have helped many get the needed medical treatment and arrive at a place of relief and stability. Our Chicago nursing home neglect attorneys are here to help. Contact us at 1(312) 384-1920 or 1 (800) 693-1LAW.

Chicago Truck accident by overloaded cargo

Truck Freight Tonnage Highest in 2018 – What It Means for Highway Safety & Truck Accidents

February 11, 2019/in Blog, Car accident injury law, Trucking accident injury law/by Yao Dinizulu

In 2018, the amount of cargo carried by the for-hire trucking industry rose 6.6 percent from 2017. This gain is the largest year-by-gain in freight tonnage since 1998.

As the trucking industry continues to transport larger loads of cargo, it is important to be mindful of the safety standards that come into play. Because a heavier and larger vehicle will take longer to stop, it is important that truck drivers and the trucking industry are properly following these rules put in place by the Federal Motor Carrier Safety Administration (FMCSA). These rules are:

Cargo loads must be properly secured following the respective industry standards.

A cargo load must not exceed the weight requirements for the particular truck the cargo is being loaded onto.

The truck driver, as a part of his shift, is required to inspect the cargo load, and make sure it’s securely loaded prior to driving that truck. Remember, truck drivers are required to undergo cargo safety training as part of their truck driver training in order to obtain a CDL license.

That being said, many trucking companies choose to bypass regulations for personal gain. These companies may take on more deliveries than they can safely complete. Or they may overload a truck beyond its maximum weight capacity.

When the trucking industry engages in such reckless practices, they are endangering the lives of their employees as well as everyone who shares the roads with trucks. When these companies make deliberate choices that compromise the safety of their truck drivers and others on the roadways, these companies must be held accountable before the law.

Imagine not being able to work or send your child to college due to an accident injury that’s caused by someone else’s negligence. No one who has suffered harm through no fault of their own should have to go through this. Our Chicago truck accident attorneys are here for you. Contact us at 1 (312) 384-1920, or 1 (800) 693-1LAW, or by email for more information. With over 50 years of combined experience, we will fight for your full and fair compensation.

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Sedating Residents Suffering From Dementia is Nursing Home Abuse

February 4, 2019/in Blog, nursing home neglect/by Yao Dinizulu

A study by the Human Right Watch finds that 179,000 nursing home residents are being given antipsychotic drugs, even though these residents don’t have schizophrenia, bipolar disorder, or other serious mental illness these drugs are designed to treat.

What’s troubling is that these drugs are being given to residents with dementia. These antipsychotic medications come with a black box warning from the FDA, specifically stating these drugs shouldn’t be given to dementia patients. This black box warning is because antipsychotic drugs have been shown to increase the risk of death in patients with dementia.

Yet this is exactly the type of residents nursing homes are targeting with these medications. Almost 300,000 nursing home residents get these drugs. Rather than taking proper measures, such as investing in training programs, developing care plans that address behavior linked with dementia, or hiring staff qualified to work with dementia patients, many nursing homes are instead sedating patients to make them docile. In understaffed nursing homes, this practice is even more common.

Such nursing homes are essentially willing to play dice with their residents’ lives rather than providing quality care and hiring adequate staff. Undermining the entire service of their profession—which is to care for their residents—such nursing home are succumbing to awful practices to essentially control their residents.

If you or your loved one in a nursing home is injured due to a medication you believe was unnecessary or wrongfully given, know that there are options for you. Our Chicago nursing home abuse attorneys have helped over thousands of wronged victims get the justice they deserve. With over 50 years of combined experience, our verdicts and settlements have reached have helped many get peace of mind and arrive at a place of security. Call the Dinizulu Law Group, Ltd. at 1 (312) 384-1920 or 1 (800) 693-1LAW to schedule a free, initial consultation.

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.

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.