Dinizulu Law Group | Dinizulu Law Group, Ltd

Is it safe to drive after taking an over-the-counter (OTC) or prescription medication?

January 14, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – Everyone knows how dangerous it is to consume alcohol or drugs before getting behind the wheel; however, a drug that’s often overlooked is over-the-counter (OTC) or prescription medications. Some medications you may not think twice about have side effects that can put you and others at risk on the roadway.

Common Medication Side Effects

If you have recently taken medication, it’s important to check if you feel any side effects before getting behind the wheel. Some common side effects include:

Dizziness
Sleepiness/drowsiness
Fatigue
Inability to focus or pay attention
Delayed reaction time
Blurred vision
Fainting

Some people may experience side effects while others may not feel any at all. Side effects can last for short periods of time or they may last for several hours. Stronger medications or ones that have an extended-release property can affect someone throughout the following day. Some medicines have a warning to not operate heavy machinery, including driving a car.

Medications That Can Affect Driving

The U.S. Food and Drug Administration (FDA) lists drugs that could make it dangerous to drive, including:

Opioid pain relivers such as oxycodone, codeine, and morphine or any product containing codeine
Prescription drugs for anxiety: for example, benzodiazepines or Valium
Anti-seizure drugs (antiepileptic drugs) like lorazepam
Antipsychotic drugs, such as risperidone
Some antidepressants like Zoloft or Lexapro
Cold remedies and allergy products (both prescription and OTC), such as Nyquil and Benadryl
Muscle relaxers like cyclobenzaprine
Medicines that treat or control symptoms of diarrhea, such as Imodium
Medicines that treat or prevent symptoms of motion sickness like Bonine
Diet pills, “stay awake” drugs, and other medications with stimulants (e.g., caffeine, ephedrine, pseudoephedrine)
CBD products

Effects of Sleep Medicine

For people who struggle with insomnia and falling asleep, they may take medication to help them sleep. A widely used ingredient in prescribed sleep medication is zolpidem, which belongs to a class of medications called sedative-hypnotics. The FDA has found that medication that contains zolpidem, especially extended-release medications, can impair a person’s driving ability and daily activities the next morning.

People who take sleep medicine should talk to their doctor about ways to take the lowest effective dose.

How Allergy Medicines Can Affect Your Ability to Drive

Many people who have allergies, and for those who take medications containing antihistamines, these medicines can interfere with driving and operating heavy machinery, including driving a vehicle. Antihistamines slow a person’s reaction time, can make it hard to focus or think clearly, and make cause confusion or drowsiness.

It’s important to read the OTC Drug Facts label of medicine to understand warnings before consuming it. Avoid drinking alcohol or consuming other medications that contain antihistamines as it can increase the side effects.

It’s important to inform your health care provider of the products you are taking, including prescription, OTC, and herbal products. If you notice any side effects, let your doctor know about these. Always follow directions for use and read warnings on medication packaging and handouts from the pharmacy.

Involved in an Accident?

If you were involved in an accident by someone who was experiencing side effects from medication, please call our office today to learn your legal rights. The skilled attorneys at Dinizulu Law Group, Ltd. have been fighting to protect the rights of accident and injury victims for more than 20 years throughout the Chicagoland area. Contact us today to learn more information.

Who Owns A Nursing Home Can be the Difference Between Life and Death

January 6, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – During the COVID-19 pandemic, nursing homes have been hit hard with the most vulnerable population and has resulted in death rates spiking. Mathematica Policy Research researched COVID-19 cases and deaths concentrated in certain long-term care facilities including nursing homes and assisted living communities. Findings proved for-profit nursing homes had more than 60 percent more cases and deaths than nonprofit nursing homes.

In Illinois counties that have been hit hardest by the virus, for-profit nursing homes have nearly double the deaths per bed compared to nonprofit facilities.

Last January, Elizabeth Stout was trying to find a place for her brother, John Krok.

Krok, 62, had been struggling with a brain tumor for nearly two years after suffering from a seizure at Jewel supermarket where he worked as a cashier. Krok has undergone numerous medical procedures, hospital trips, and rehab-center stays but ultimately ended up back in the hospital.

Stout recalled only having a few days to get her brother out of the hospital and into a nursing home.

She printed out federal ratings of nursing homes near her brother’s house on Chicago’s Northwest Side. She saw two facilities with high ratings for a sufficient amount of staff to care for residents – both of which were owned by nonprofit organizations. After touring the facilities, she tried to get her brother admitted.

He was rejected from both because Krok was reliant on Medicaid, a government funding program that pays for long-term care for those who cannot afford it.

Stout looked at Fairmont Care, a facility with lower staffing ratings but welcomed Medicaid recipients.

Stout had no knowledge and no way of knowing that Fairmont’s main proprietor was among the state’s least effective nursing home owners at protecting residents from COVID-19.

Krok was transferred from a hospital to Fairmont Care on January 27. He was placed with a roommate who had a hacking cough that later tested positive for COVID-19.

Soon after, Krok developed pneumonia in both lungs. Fairmont sent him to the hospital where he tested positive for the virus.

When Krok caught COVID-19, the virus had just begun to take hold of the Chicago area and other parts of Illinois spreading rapidly in nursing homes. Nearly a year later, and the virus is continuing to spread at high speeds. Nursing home residents now account for 8,297 deaths in Illinois.

The coronavirus spread through long-term care facilities in Illinois has not been even: nursing homes that operate for profit have had more infections and deaths per bed than nonprofit facilities. For profit nursing homes have had nearly double the death rates as nonprofit facilities.

Advocates for nursing home residents and staff members say Illinois should focus more on holding owners accountable for packing elderly and frail people into poorly staffed facilities where the virus can quickly spread.

Staff Shortage and Overworked

Fairmont Care, the facility that took in John Krok, has some of the worst COVID-19 numbers among nursing homes in Illinois. In January 2020, it average 152 occupied beds. By November, state public-health regulators had recorded 155 infections and 32 deaths tied to the facility. Fairmont had more COVID-19 deaths per occupied bed than 95 percent of the state’s 758 long-term care facilities.

Elizabeth Stout, Krok’s sister, was not concerned about the care her brother was received at Fairmont. She praised a social worker, physical therapist, and nurse practitioner for going above and beyond to facilitate a Zoom call for Krok’s birthday with family members.

What concerned Stout was the staffing levels for day-to-day care that residents required.

“I don’t believe during his entire stay that he was walked to the bathroom,” she said. “It was either a bedpan or bedside commode.”

When COVID-19 swept through Illinois nursing homes, many Fairmont staff members got sick. The facility’s management said it directed others to work double shifts and brought in temporary nurses from staffing agencies.

Stout said eventually staff members stopped moving her brother from the bed – even for meals. She also had a hard time reaching any Fairmont managers.

The federal government rated Fairmont’s staffing levels as average or below average compared to nursing homes nationwide during the four quarters prior to the pandemic.

Fairmont staff members admitted to Stout that they were overstretched, mentioning they would arrive in her brothers room to take vitals or put a meal tray down before they had to rush to care for the next resident.

When Fairmont sent Krok back to the hospital with pneumonia, he arrived without medical charts. She found this out when the hospital called her to see whether his symptoms were from a stroke. Without his charts from Fairmont, the hospital lacked the most basic information about his condition, including that he had a brain tumor.

Krok begged the hospital not to be returned to Fairmont, but he eventually was.

The Centers for Disease Control and Prevention (CDC) and the National Healthcare Safety Network (NHSN) has a module on their website that provides healthcare facilities, such as long-term care facilities, with a customized system to track infections and prevention process measures in a systematic way.

It’s important to research nursing homes before deciding which is the best to place your loved one in. Medicare offers a tool that allows you to compare nursing home quality by the following criteria:

Five-Star Quality Rating
Health inspections
Nursing home staffing
Quality measures
Fire safety inspections

If you believe your loved one is being abused or neglected by their nursing home facility, please contact an experienced attorney at the Dinizulu Law Group for a free consultation today at (312) 384-1920. You can visit our website for additional information.

Reflections in 2020

December 29, 2020/in Blog/by Yao Dinizulu

2020 is certainly a Year of Reflections. While all of us have had to make sacrifices this year, it’s always important to reflect on the past its meaning and the future. First and foremost, I pray that your families are healthy and well and have not been harmed during this pandemic. Personally, knowing many of you, I know that some of you have lost family members and loved ones. We must collectively reflect on life’s highs and lows and look forward to better days – living out our purpose. In reflecting on life’s promise and living out my purpose, I conclude I have much to be thankful for. I owe it all to you who have supported me throughout the decades and especially this last year.

I began 2020 trying a medical malpractice case against a local hospital for a beautiful little girl who was not timely diagnosed with meningitis. After a nearly 5-week trial, we were able to get justice for baby Ahlanie and her family on March 6, 2020. I can’t thank enough the parents of our client who entrusted their case with us so we could fight for the justice she deserved. I’m also thankful to my internal staff and trial team who put in countless hours, and are pictured here:

(As seen left to right: Gregg Luther, Edward Washington II, Yao O. Dinizulu, Don Keenan & Craig Sandberg)

Within 7-days of our trial completing, Illinois was shut down and placed on a stay-at-home order. With the state shut down to only essential workers, much of our office was influx as we learned to navigate this new world that we currently find ourselves in. When speaking to several of my colleagues, I learned many firms shut down because they were no longer receiving the business they once were. However, we persevered because we continued to receive your unwavering support as your Advocates for Justice. Not only did we maintain our stability, but we added to the foundation of our firm and have been able to continue to provide our community the results your loved ones deserve.

During this year, our attorneys were asked to speak at several seminars and conducted numerous presentations. Our Associate Brian Orozco was asked to speak as a panelist at his alma matter DePaul University for the 17^th Annual Latino Forum. Brian had the opportunity to speak to current law students about his experience in law and offer his advice based on his experience as a practicing attorney.

(Pictured: Associate Attorney Brian Orozco)

In July, Attorney Dinizulu was asked to present to a national audience on trying a medical malpractice case and the sophisticated techniques used to receive a favorable resolution.

In October, Mr. Dinizulu moderated a panel on Race and the Law. He was joined by esteemed panelists Plaintiff’s Attorney/Registered Nurse (RN) Vivian Tarver-Varnado, General Counsel and soon-to-be Deputy Mayor of Gary Indiana Trent McCain, and Clinical Assistant Professor at the University of Chicago Dr. Sonya Dinizulu. The participants discussed how race has affected the practice of law. The discussion ranged from appellate practice, to jury selection, trial teams, expert witnesses, and the treatment of people of color by medical experts.

(As seen from left to right: Vivian Tarver-Varnado, Trent McCain, and Sonya Dinizulu)

Major protests were sparked at the end of May following the death of George Floyd.

Black Lives Matter and supporters went on to organize protests around the world including an estimated 15 to 26 million people in the United States participating in demonstrations over the death of George Floyd, Breonna Taylor, Rayshard Brooks, Botham Jean, and countless others in the following weeks and months. The fight is not over.

These efforts for equality and civil rights for people of color would make recent protests the largest movement in U.S. history. Mr. Dinizulu participated in a protest with his family arranged by Jack & Jill in solidarity to end police brutality and systemic racism.

(Pictured below: Attorney Yao O. Dinizulu marching with his family in a Jack & Jill protest in June)

With 2020 coming to a close, the Dinizulu Law Group, Ltd. would like to thank you for all of your unwavering support. We hope you and your family have a safe and healthy New Year.

Remember to VOTE Georgia Blue for Raphael Warnock and Jon Ossoff in the upcoming senatorial elections on January 5.

National Safety Council Estimates More Than 720 Fatalities in Roadway Crashes over Christmas, New Year’s Holiday

December 22, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – While the holiday season may look a bit different this year, there’s one thing that remains stagnant: holiday traffic fatalities. While the CDC urges Americans against traveling, many will still be on the go.

The National Safety Council (NSC), located in Itasca, Ill.) estimates more than 720 people will be killed on the roadway during Christmas weekend across the nation, and an additional 384 over New Year’s weekend.

As many as 287 lives could be saved over both holiday periods if all vehicle occupants wore their seatbelts, according to NSC. Parents and guardians should be advised to check a child’s car seat is properly installed.

Please do not get behind the wheel if you have been drinking. By drinking intoxicated, you run the risk of harming yourself and other innocent bystanders. Alcohol is involved in nearly 39% of traffic fatalities over Christmas and New Year’s holiday periods. Technology has made everything so accessible now – choose alternative methods of transportation such as a ride-share like Uber or Lyft, cab, Metra, CTA, or el.

Other recommendations by NSC include:

Avoid distracted driving, including hands-free cellphone usage.
Get plenty of sleep and take regular breaks to avoid fatigue.
Be aware of how others are driving on the road and maintain a safe distance.
Sign a “New Driver Deal” with teen drivers at DriveItHOME.org.
Learn about your vehicle’s safety systems and how to use them at MyCarDoesWhat.org.
Check your vehicle for any recalls before getting on the road at ChecktoProtect.org.

“A safe travel season could instill much-needed hope as we start a new year and close an unrelenting one,” NSC President and CEO Lorraine M. Martin stated in a press release. “We can all do our part by buckling up, driving sober, slowing down, and avoiding distractions to look out for each other.”

Body Camera Footage Shows Moments Police Handcuff Innocent Woman During Wrong Raid

December 15, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – Police body camera footage was released on Tuesday and shows what happened to an innocent woman nearly two years ago when police officers wrongly entered her home with guns drawn and handcuffed her naked while she watched the horrific scene unfold.

Anjanette Young filed a Freedom of Information Act (FOIA) request last year and recently obtained the footage after a court ordered the Chicago Police Department to turn it over as part of her lawsuit against police, according to CBS Chicago.

The video shows on Feb. 21, 2019, nine body cameras caught a group of male officers entering Young’s home at 7 p.m. Young had just finished her shift as a licensed social worker at a hospital and was undressing in her bedroom when she heard a loud, pounding noise.

Officers repeatedly struck her door with a battering ram. From various angles of the footage, the video captured the moment officers broke her door down.

Young remembers officers yelling, “Police! Search warrant,” and “Hands up.” Moments later, Young is seen naked in the living room with her hands up. An officer can be seen eventually handcuffing her.

“What is going on?” Young yells in the video. “There’s nobody else here, I live alone. You’ve got the wrong house.”

An officer found a blanket and wrapped it around Young as she cried asking officers who they were looking for. The blanket began to slide off and expose her body in which no officer made an attempt to cover her.

Young can be heard telling police at least 43 times they were in the wrong home. She asked police to allow her to get dressed and informed them they had the wrong information.

“Oh my god, this cannot be right. How is this legal?” Young said during the raid.

According to CPD’s complaint for a search warrant, a confidential informant told the lead officer of the raid that he recently saw a 23-year-old man who was a known felon with a gun and ammunition.

The officer found a photo of the suspect in a police database and showed it to the informant, who then confirmed that was him. The officer drove the informant to the address where the informant claimed the suspect lived.

Despite police making no effort to independently verify the informant’s tip, such as conducting surveillance or any other policy checks, the search warrant was approved by an assistant state’s attorney and judge.

The informant gave police the wrong address; the suspect police were looking for lived in the unit next door to Young’s and had no connection to her.

Body camera footage also raises questions about the approval of the warrant. In one clip, officers can be heard talking saying the warrant was not initially approved.

“What does that mean?” the second officer asked.

“I have no idea,” the first officer said. “They said it was approved, then I guess that person messed up on their end.”

This is not the first time police have failed to do basic routine checks regarding bad information given by an informant.

Young said the way officers treated and spoke to her during the raid caused her experience to be more traumatic. You can see in the footage she’s visibly upset pleading with officers to tell her what was going on.

The sergeant asked Young if there were any firearms in her home.

“There’s no guns in here,” she said. “I’ve been a social worker for 20 years. I follow the lwa. I don’t get in trouble for anything. I don’t do illegal stuff. I’m not that person. You have the wrong information.”

The sergeant told the affiant officer – the officer who received the warrant – to step outside.

“I want to have a conversation with you,” the sergeant said.

Moments later, the officer’s body camera turned off.

After nearly 20 minutes, police remove the handcuffs. Towards the end of the raid, the sergeant apologized to Young.

“I apologize for bothering you tonight,” the sergeant tells Young. “I assure you the city will be in contact with you tomorrow. I apologize for meeting you this way. I will do everything I can to get the door fixed.”

Young said it was “surreal” to watch the footage back two years later. She continues to live with trauma and leans on church and her faith for support. She believes she has a responsibility to use her voice to protect others from being in the same situation.

Nursing home workers reach tentative deal to end strike against Infinity

December 7, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – A tentative agreement between Infinity Healthcare Management and its nursing home workers was reached on Friday after nearly 700 employees went on strike nearly two weeks ago.

Hundreds of workers at 11 Illinois locations of Infinity Health Care Management nursing homes went on strike on Nov. 23. Nine of those nursing homes are in the Chicago area.

Nursing home workers include cooks, housekeepers, and certified nursing assistants. Employees have been negotiating a new contact since June, immediately following when their last contract was expired.

SEIU Healthcare Illinois previously said the company discontinued pandemic pay – higher wages for essential workers during the coronavirus pandemic – at the end of July, despite receiving $12.7 million in funding from the federal CARES Act.

Under a new three-year contract, all workers would receive a minimum $1 an hour raise, with the average staff member receiving a $2 an hour wage increase. Workers would also earn annual raises in year two and three of the contract, according to SEIU Healthcare Illinois union leaders.

Nursing home workers in facilities with verified coronavirus cases or facilities being monitored due to COVID-19 cases, will also receive an increase in pandemic pay, from $2 an hour to $2.50 an hour. Employees will also gain five days of COVID-19 related sick time and be guaranteed adequate personal protective equipment.

Chicago Sun Times reported union leaders said under the new proposed contract, the average hourly wage will jump from $13.65 to $15.58. The union states the agreement will raise standards for Certified Nursing Assistant pay, which in turn, will help improve staffing levels and the level of resident care.

How Are Nursing Homes Different than Assisted Living Facilities?

December 2, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – Many people often mistake nursing homes with living assisted facilities; however, the two offer two different levels of care. Assisted living facilities often provide personal care in a home-like, social setting and is generally for people who need extra monitoring or help. On the other hand, nursing homes are for people who are seriously ill and require around the clock care and monitoring.

According to the law in Illinois, assisted living facilities are described as “a home, building, or residence, or any place where sleeping accommodations are provided for at least three unrelated adults, in which at least 80% are 55 years of age or older, where the following is provided: services based on a social media where the resident’s unit is their home, mandatory services such as meals and laundry, and a physical environment that is a homelike setting,” (77 ILCS 295.200).

Long-term care facilities, like a nursing home, have a much higher level of care than a senior living home and different requirements under the law. According to Illinois law, a long-term care facility is “a private home, institution, building, or residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill,” (210 ILCS 45/1-113).

Care and Services Provided in Senior Housing

Assisted living facilities are generally for people who need help with activities of daily living. Assisted living is a more independent level of living. Someone who suffers from memory loss and who isn’t safe living alone is someone who would live in assisted living.

By contrast, residents in nursing homes require around the clock care and monitoring. Residents in nursing homes offer suffer with more complex health care conditions that require additional assistance of a skilled nurse or a physical or speech therapist. Nursing homes legal purpose is to provide residents with intensive health care and nursing care to people who suffer from chronic conditions, like dementia or Alzheimer’s.

Regulatory Differences Between a Nursing Home and Assisted Living in Illinois

Nursing homes in Illinois are licensed, regulated, and inspected and/or certified by a number of public and private agencies, including the Illinois Department of Public Health (IDPH) and the U.S. Department of Health and Human Services Centers for Medicare and Medicaid (CMS). The IDPH is responsible for ensuring all nursing homes in the state comply with mandatory state regulations. IDPH also ensures facilities accept Medicare and Medicaid payment for services rendered to program beneficiaries meet all federal regulations.

Nursing homes are inspected at least once every six to 15 months, according to IDPH. Nursing home inspections, whether standard or in response to a complaint, are conducted without giving notice to the facility.

Assisted living facilities are often loosely regulated. Regulations are set by individual state laws, which is different in every state, and are not monitored by state or local governments. Assisted living facilities also do not receive Medicare or Medicaid funding. Illinois’ state regulation of assisted living facilities include is they must be licensed by the Division of Assisted Living.

Though there are some differences in nursing homes and assisted living facilities, there are many obvious differences. Before deciding where to place your loved one, make sure to research both facilities before determining which is a right fit.

F.A.A. Clears Boeing 737 Max to Fly Again

November 19, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – After 20 months on the ground, Boeing’s 737 Max will soon begin to fly after it tragically cost 346 people their lives.

The Max was grounded worldwide in March 2019 when the FAA jointed regulators in dozens of other countries banning the plane after the two fatal crashes in Indonesia and Ethiopia.

The Federal Aviation Administration (FAA) gave clearance to the 737 Max’s to fly once again after changes were made to the design, software and additional crew training would eliminate flaws that caused the fatal crashes in 2018 and 2019.

Boeing is facing billions of dollars in losses due to the grounding and has been affected by the blow to the aviation industry due to the coronavirus pandemic. According to The New York Times, Boeing is the largest manufacturing exporter in the United States, one of the federal government’s biggest contractors, a blue chip stock and a major employer whose fortunes help shape the national economy.

Boeing expects to begin 2021 with a global work force of 130,000 down nearly 19 percent from the head count at the beginning of this year.

The Max is the latest in Boeing’s 737 line. There are more than 380 Max planes in the global fleet, according to Cirium, an aviation data firm.

After the two deadly crashes last year, investigators have attributed the crashes to a range of problems including engineering flaws, mismanagement, and a lack of regulatory oversight. Much of the investigation was focused on a software known as MCAS, which was designed to push the plane’s nose down in certain situations.

At a news conference on Tuesday, relatives of victims from Ethiopian Airlines Flight 302 questioned whether Boeing had done enough to address safety concerns.

The changes ordered by the FAA include updated MCAS to avoid erroneous activation, updating display software to alert pilots when data from sensors are conflicting, rerouting internal wiring and updating flight manuals.

Even in the United States, it could be months before the Max begins to transport passengers again. The FAA must approve pilot training procedures for each U.S. airline operating the Max and planes must be updated; however, airlines suffering from a huge decline in traffic during the pandemic may feel more urgency to act quickly.

American Airlines is expected to the first U.S. carrier to fly the Max, with plans to fly the plane from Dec. 29 to Jan 4 for flights connecting Miami with La Guardia Airport in New York.

United Airlines said it expects to fly the Max during the first quarter of next year after 1,000 hours of work on every plane and “meticulous technical analysis.” Southwest Airlines said they didn’t expect to resume flights until the second quarter.

In both crashes, faulty sensors activated the software sending the planes toward the ground as the pilots struggled to pull them back up.

On Tuesday, the House passed a bipartisan bill aimed at changing FAA certification procedures. It will also require an expert panel to review Boeing’s safety culture. The Air Line Pilots Association applauded the legislation saying that there were “much-needed” changes to the certification process.

Recognizing Signs of Nursing Home Abuse in Residents with Alzheimer’s and Dementia

October 29, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – When placing your loved one in a nursing facility, everyone hopes their loved one will be treated with the respect and compassion they deserve. Unfortunately, that’s not the reality of how some facilities are. Physical, emotional, psychological, and sexual abuse can happen to any resident; however, Alzheimer’s disease and dementia are often ones that are at the most risk for abuse.

Physical Abuse

Physical abuse can take forms in ways of hitting, slapping, kicking, or pinching. It can also take form in a way of roughly handling your loved one when transferring them in and out of their wheelchair or bed. If a resident has bruises, cuts, or other physical injuries that they or staff are unable to explain, this may be a sign that staff or other residents have abused him or her; however, it’s important to note that not all physical injuries are a sign of abuse.

Psychological or Emotional Abuse

Nursing home staff can embarrass, isolate, and scare residents as a form of controlling them. If you see or feel that your loved one exhibits signs of fear towards staff, especially a specific staff member, this may be a sign of abuse. Sudden changes in behavior suck as rocking back and forth can be a sign of abuse. Residents who suffer from Alzheimer’s and dementia become confused and may convince themselves they are in danger and someone is harming them when they may not be the case; however, it’s important to take every precaution and investigate any report of mistreatment or signs of abuse.

Sexual Abuse

It’s difficult to believe anyone could take advantage of someone as vulnerable as an elder, especially someone who suffers from a cognitive impairment. A resident is not limited to suffering from sexual abuse from only staff members – any visitor that enters the facility can abuse an elder, along with other residents or staff members. Signs of abuse can be bruises, bleeding, agitation, depression, torn or blood-stained clothing, and contracting a sexually transmitted infection.

Contact a Cook County Nursing Home Abuse Attorney

If you suspect your loved one has been a victim of nursing home abuse, it’s important to take immediate steps to protect his or her safety. Always alert the nursing facility and authorities about signs of suspected abuse. Once your loved one is safe, contact a Chicago nursing home injury attorney at Dinizulu Law Group for a free consultation at (312) 384-1920 or visit our website for more information.

CMS Issues Memo Reaffirming Nursing Home Residents’ Right to Vote

October 22, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – The Centers for Medicare & Medicaid Services (CMS) has issued a memo affirming the continued right that nursing home residents are allowed to exercise their right to vote. The memo recognizes limitations visitors have to enter facilities to assist residents in voting; however, nursing homes must still ensure residents are able to exercise their Constitutional right to vote.

Residents’ Rights include:

483.10(b) Exercise of Rights: The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States
483.10(b)(1): The facility must ensure that the resident can exercise his or her rights without interference, coercion, discrimination, or reprisal from the facility
483.10(b)(2): The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights and to be supported by the facility in the exercise of his or her rights as required under this subpart

A resident has the right to vote and must not be impeded in any way by the nursing home facility and its staff. Nursing homes should have a plan in place to ensure residents are able to exercise their right to vote, whether in-person, by mail, absentee, or other authorized process. Some states may have specific programs to enable nursing home residents to vote in which the facility should coordinate and engage with those programs. This may include:

Mobile Polling in residential facilities performed by a bipartisan team of workers; and/or
Assistance in registering to vote, requesting an absentee ballot, or completing a ballot from an agent of the Resident’s choosing, including family representative, LTC Ombudsmen or nursing home staff

If a resident is unable to cast their ballot in person, nursing homes must ensure residents have the right to receive and send their ballots via the U.S. Postal Service, or other authorized mechanism allowed by the State or locality.

CMS regulations specific to use of mail, which also apply to voting, for voting, include:

483.10(g)(7): The facility must protect and facilitate that resident’s right to communicate with individuals and entities within and external to the facility, including reasonable access to: (i) A telephone, including TTY and TDD services; (ii) The internet, to the extent available to the facility; and (iii) Stationery, postage, writing implements and the ability to send mail
483.10(h)(2) The facility must respect the residents right to personal privacy, including the right to privacy in his or her oral (that is, spoken), written, and electronic communications, including the right to send and promptly receive unopened mail and other letters, packages and other materials delivered to the facility for the resident, including those delivered through a means other than a postal service
- Promptly meaning the delivery of mail or other materials to the resident within 24 hours of delivery by the postal service, including a post office box, and delivery of outgoing mail to the postal service within 24 hours, except when there is no regularly scheduled postal delivery and pick-up service.

Additional information is available from the HHS Administration for Community Living related to voting rights and resources, as well as contact information for Long Term Care Ombudsmen can be found here.