Dinizulu Law Group | Dinizulu Law Group, Ltd

Pilot dies after suffering serious injuries in Ford Heights plane crash

October 21, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – A 70-year-old Frankford man has died after a small plane crashed in south suburban Ford Heights. The small aircraft crashed into a wooded area off of Lincoln Highway, just west of Illinois 394 around 5:10 p.m. on Tuesday, according to Illinois State Police.

The pilot, a 70-year-old Frankfort man, underwent emergency surgery at the University of Chicago hospital after being seriously injured in the crash.

The Cook County Medical Examiner’s Office identified him Wednesday morning as Lawrence Jagmin. The office said he died sometime on Tuesday night.

According to the Federal Aviation Administration (FAA), the engine crashed under unknown circumstances. The aircraft struck a light pole and hit a vehicle on the ground before coming to rest on an embankment.

A witness in the area said the plane came down on the shoulder of the road and a wing of the plane ripped off when it hit the light pole.

Northbound and southbound ramps to Lincoln Highway were closed at approximately 5:50 p.m. Tuesday for the investigation, according to state police. The ramps will likely stay closed late into Wednesday morning.

State police said the investigation is still underway. The FAA is also still investigating the crash.

October is Long-Term Care Residents’ Rights Month

October 20, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – Each day, families bring their loved ones to be admitted into nursing homes across the country. Some may feel uncertain about their loved one receiving the quality care they deserve. Unfortunately, in many nursing home facilities there are track records of willful neglect, abuse, and preventable accidents and illnesses. October is a time to remind families the rights residents have that are designed to protect them from these situations.

“Resident’s Rights Month” is an annual event held by the National Consumer Voice for Quality Long-Term Care (Consumer Voice) to celebrate and focus the public’s attention on awareness of dignity, respect, and long-term resident’s value. Resident’s Rights Month is an opportunity for families, residents, staff, ombudsman programs, and other advocates to promote quality long-term care.

Review of Nursing Home Resident’s Rights

Residents in nursing homes have rights that are guaranteed under federal law. The Nursing Home Reform Law requires nursing homes to promote and protect the rights of each individual resident and stresses individual dignity and self-determination. Many states include residents’ rights in state law or regulation but varies by state.

Right to a Dignified Existence

Equal access to quality care
Be treated with consideration, dignity, and respect, recognizing each resident’s individuality
Freedom from abuse, neglect, exploitation, and misappropriation of property
Freedom from physical or chemical restraints
Quality of life is maintained or improved
Exercise rights without interference, coercion, discrimination, or reprisal
Provide a homelike environment, and use of personal belongings when permitted
Security of possessions

Right to Self-Determination

Reasonable accommodation of needs and preferences
Organize and participate in resident and family groups
Request, refuse, and/or discontinue treatment
Choice of activities, schedules, health care, and providers, including attending physician
Participate in developing and implementing a person-centered plan of care that incorporates personal and cultural preferences
Choice of designating a representative to exercise his or her rights

Right to be Fully Informed Of

Rules and regulations, including a written copy of residents’ rights
The type of care to be provided, and risks and benefits of proposed treatments
Contact information for the long-term care ombudsman program and that state survey agency
Changes to the plan of care, or in medical or health status
State survey reports and the nursing facility’s plan of correction
Written notice before a change in room or roommate
Notices and information in a language or manner he or she understands (Spanish, Braille, etc.)

Right to Raise Grievances

Present grievances without discrimination or retaliation, or the fear of it
Prompt efforts by the facility to resolve grievances, and provide a written decision upon request
To file a complaint with the long-term care ombudsman program or state survey agency

Right of Access to

Individuals, services, community members, and activities inside and outside the facility
Assistance if sensory impairments exist
Visitors of his or her choosing, at any time, and the right to refuse visitors
Personal and medical records
His/her personal physician and representatives from the state survey agency and long-term care ombudsman program
Participate in social, religious, and community activities

Rights Regarding Financial Affairs

Manage his/her financial affairs
Information about available services and charges for each service
Personal funds of more than $100 ($50 for residents whose care is funded by Medicaid) deposited by the facility in a separate interest-bearing account, and financial statements quarterly or upon request
Not be charged for services covered by Medicaid or Medicare

Right to Privacy

Private and unrestricted communication with any person of their choice
Regarding personal, financial, and medical affairs
During treatment and care of personal needs

Rights During Discharge/Transfer

Preparation and orientation to ensure safe and orderly transfer or discharge
Right to appeal the proposed transfer or discharge and not be discharged while an appeal is pending
Receive 30-day written notice of discharge or transfer that include: the reason; the effective date; the location going to; appeal rights and process for filing an appeal; and the name and contact information for the long-term care ombudsman
Notice of the right to return to the facility after hospitalization or therapeutic leave

Dinizulu Law Group: Illinois Nursing Home Abuse and Neglect Attorney’s

If you or your loved one has been subjected to poor treatment while in a nursing home facility, our attorneys can help find the answers for you. Contact our skilled legal team at Dinizulu Law Group to discuss your concerns. Call us at (312) 384-1920 for a free consultation or visit our website for more information.

How to Choose a Nursing Home in 2020

October 15, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – Nearly 1.3 million residents live in nursing home facilities across the United States. Nursing homes should offer a safe place for your loved one who needs guided rehabilitation or a senior care facility their future residency. It’s normal to have questions and concerns about these facilities as a quarter of all residents will experience during their residency. The coronavirus pandemic has targeted the elderly nursing home population more than any other demographic.

When you begin to research, be sure to schedule a virtual tour of a facility. Ask to talk to the administrator and staff members and ask questions to learn about the nursing home’s staffing, training, environment, and infectious disease outbreaks.

Make sure to consider asking the following questions:

Facility Type:

Is the nursing home Medicare certified?
Is the nursing home Medicaid certified?
Are both the nursing home and current administrator licensed by my state?
Is rehabilitation care offered?
Does the nursing home offer specialized care, such as dementia?
Is there an arbitration agreement requested to be signed?
Will the nursing home create a care plan for my loved one?
Will the nursing home provide in writing to me their polices and procedures, services, charges, and fees before I move my love one into the facility?

Staffing:

Are you currently facing staffing challenges due to COVID-19?
Do staff wear masks and seem equipped with person protection equipment to protect against COVID?
How often is staff tested for COVID?
What is your staff to resident ratio?
Has there been a turnover in administration staff, such as the director of nurses, within the last year?
How long do nurses and aides spend with residents each day?
Do staff knock before entering a resident’s room?
Does the nursing home offer training and continued education for all staff?
How does the facility ensure they don’t hire staff members who have been found guilty of abuse, neglect, or mistreatment?

Safety, Infectious Disease & Care:

How are residents and staff screened for fevers and respiratory diseases?
What is your COVID outbreak history?
What is your COVID testing plan and response strategy?
Can residents still see their personal doctors?
Does the nursing home’s inspection report show the quality of care problems or other deficiencies?
Has the nursing home corrected all deficiencies?
Can I see the most recent health and fire inspection report?

Food:

Can the nursing home provide a special dietary need?
Do residents have a choice of food items at each meal?
Can residents eat when they want?
Does staff help residents eat and drink at mealtimes, if needed?

Residents Rooms:

Can residents have personal belongings in their room?
Does each resident have a storage space, such as a closet and drawers, in their room?
Does each resident’s room have a window in it?
Can a resident leave their room if showing signs of any illness? How do you minimize resident’s exposure to others who may be sick of tested positive for coronavirus?
Do residents have access to the internet, personal phone, television, and computer?

Hallways, Stairs, Common Areas, & Bathrooms:

What types of spaces do residents share?
How often are common areas cleaned and disinfected?
Are common areas, hallways, resident rooms, and doorways designed for wheelchair accessibility?
Are handrails appropriately placed in hallways and bathrooms?

Activities:

What types of activities are offered to residents, including those who are unable to leave their rooms, allowed to participate in?
Does the nursing home have outdoor areas for resident use?
When does the nursing home allow visitors? Are visits outside?
What disruptions has COVID-19 caused in group activities?

Use of Antipsychotic Drugs:

What percentage of residents who are diagnosed with dementia are prescribed antipsychotic medication?
Does the nursing home have specific policies and procedures related to the care of individuals with dementia?
What is the current rate of antipsychotic medication use within the facility?

Both state and federal laws protect the right of residents in nursing homes; however, each year nearly 5 million elders fall victim to abuse and neglect. Often times, negligence occurs because of understaffing and insufficiently trained to care for residents in long-term settings. When facilities do not comply with safety standards and employ adequate staff, residents may suffer from malnutrition, bedsores, dehydration, fatal falls, medication errors, come into contact with an infectious disease, or fall victim to abuse.

Resources for Nursing Home Abuse

The Centers for Medicare & Medicaid Services (CMS) has announced it is now easier for consumers to identify nursing homes and long-term facilities with instances of non-compliance related to abuse on their website. CMS is rolling out a warning icon strategy to highlight facilities that meet the following criteria:

Facilities cited for abuse where residents were found to be harms on the most recent standard survey, or on a complaint survey within the past 12 months;

OR

Facilities cited for abuse where residents were found to be potentially harmed on the most standard survey or a complain survey within the past 12 months and on the previous standard survey or on a complain survey in the prior 12 months

The icon is designed a bright red “STOP” hand, which may negatively shift a provider’s overall federal quality rating, but the change is welcomed by elder abuse advocates after years of systematically being non-compliant with unexplained inconsistencies in quality measures. Consumers will now have access to more information about nursing facility’s history of abuse, neglect or exploitation citations when visiting the CMS’s Five-Star Quality Rating System through the Nursing Home Compare Website.

Contact Nursing Home Abuse and Neglect Attorneys in Illinois

If you suspect your loved one is being abused or neglected in a nursing home in Illinois, contact the attorney’s of Dinizulu Law Group, Ltd. Our attorney’s have extensive knowledge and resources in this area of law and offer a personalized service by working closely with clients throughout every step of the process. Call our office today for a free consultation at (312) 384-1920 or visit our website for more information.

CMS Clarifies Quality Reporting Rules After COVID Pause, Nursing Home Compare Frozen Until 2022

October 12, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – The federal government waived several reporting requirements for nursing homes during the COVID-19 pandemic. Although they have been reinstated, the temporary pause will continue to have ripple effects on public data for years to come.

The Centers for Medicare & Medicaid Service (CMS) released an updated tip sheet explaining how the agency’s including data on the Nursing Home Compare website.

In March, CMS announced that the fourth quarter 2019 data for the Skilled Nursing Facility Quality Reporting Program (QRP) and the Value-Based Purchasing Program (SNF VBP) would be optional. This does not require submissions for the first and second quarters of 2020. The agency positioned the move as an emergency measure to allow health care providers to focus on the early days of the COVID-19 pandemic.

CMS Administrator Seema Verma stated the exceptions and extensions that were grant allows for CMS to support clinicians fighting coronavirus on the front lines.

The waived expired on July 1 with quality and Minimum Data Set (MDS) reporting resuming as usual. However, because of how much of CMS’s public data lags the present by several quarters, the pause will have a long-lasting ripple impact on Nursing Home Compare.

The missing data for quarter one and two of 2020 will impact what is displayed on the Nursing Home Compare too; however, CMS claims they have developed a strategy to accommodate these quarters of data.

Enough providers were able to voluntarily report quarter four 2019 data to include that information in the October refresh, which will also unveil six new quality measures. These include:

Changes in skin integrity post-acute care: pressure ulcer/injury
Drug regiment review conducted with follow-up for identified issues
Application of IRF function outcome measure: change in self-care
Application of IRF functional outcome measure: change in mobility
Application of IRF functional outcome measure: discharge self-care score
Application of IRF functional outcome measure: discharge mobility score

October 2020 data will remain constant until public reporting resumes in January 2022, with the next normal Nursing Home Compare refresh which is scheduled for April 2022.

If CMS should change the methodology for calculating measures before January 2022, the agency will follow normal rulemaking procedures with notice and comment periods, according to Skilled Nursing News.

CMS acknowledged the resumption of data reporting requirements on July 1 may have created data mismatches. For example, a resident who does not have an admission record in the MDS because it occurred during the pause.

The agency stated they will make adjustments on their end to accommodate any records that may have missing admissions. The mismatched sets of records will not be counted or included in SNF data calculations for Nursing Home Compare.

Doctors Concerned About Lack of Cancer Screening During COVID-19 Pandemic

October 9, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – The COVID-19 pandemic has created medical problems beyond itself. Both doctors and non-profit leaders are concerned about the lack of cancer screenings and patient funding since the pandemic began in March.

Dr. Heather Greenwood, a University of California – San Francisco radiologist, told ABC 11, “We’re very, very worried. While there’s, unfortunately, a lot of patients struggling with COVID, the number of patients with cancer is not going away either.”

The National Cancer Institute has published numerous models that suggest breast cancer and colon cancer alone, for the next decade, there will be more than 10,000 deaths because people are not being screened as they normally would.

Most breast imaging appointments – mammograms and ultrasounds – were canceled in accordance with lock down guidelines. Volume has picked back up at some hospitals; however, doctors say they are still concerned.

The founder and CEO of Susan G. Komen’s San Francisco branch mentioned she delayed her mammogram for several months and is now going in October. “Everything is down.” Horning mentioned how this impacts women who are underinsured and underserved.

The pandemic has forced several fundraising events, such as the Susan G. Komen More Than Pink Walk to move to a virtual event. As a result, donations and registration are down. These funds help patients who are in need of chemotherapy, pain medication, transportation to and from their treatment center, or childcare or psychosocial services.

What Types of Evidence Is Used for Nursing Home Neglect and Abuse Cases?

September 29, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – More than 1.2 million people are living in nursing homes across the United States. Residents may live in a nursing home facility because they need help with daily tasks such as eating and bathing or may have long-term medical needs that families and other means cannot provide their loved one with. Many nursing home residents suffer from mental or physical disabilities that reduce their level of independence; therefore, nursing home staff must keep them as healthy and safe as possible.

Unfortunately, some nursing home residents are not treated with compassion and the competent medical attention they deserve. If you or your loved one has been a victim of abuse or neglect, you may want to bring a personal injury claim against the facilities and those who harmed you or a loved one. In order for your claim to be successful, you must show evidence of the nursing homes wrongdoing.

Elements of a Nursing Home Claim

To hold a negligent nursing home accountable and recover financial compensation for the abuse and/or neglect, you and your personal injury attorney will need to prove that:

The nursing home owed a duty to you or your loved one
The nursing home breached that duty
You or your loved one was injured as a result
The injuries resulted in damaged and/or financial costs

It can be hard to know exactly how a nursing home resident was injures – especially for those who suffer from a mental disability such as dementia or Alzheimer’s which affects their memory and cognition. To fully understand the circumstances, your personal injury attorney may gather evidence such as:

Care logs
Medical records and bills
Operating procedures, hiring practices, and staff training schedule
Surveillance footage
Photographs
Insurance claim documents
Testimony from witnesses
Testimony from “expert witnesses” such as medical professionals

Contact a Cook County Nursing Home Abuse Injury Attorney

Nursing homes have both an ethical and legal obligation to provide residents with the adequate everyday care and medical attention they need; however, sometimes they fall short. If a nursing home caused a resident to be injured due to their negligence or being intentionally abusive, the injured person may file a personal injury claim. To learn more about bringing a nursing home injury lawsuit against a negligent facility, contact the Dinizulu Law Group at (312) 384-1920 to schedule a free consultation with an experienced Chicago personal injury attorney. Visit our website for more information.

Family Sues 87th St. Symphony Beverly Nursing Home for Catastrophic Falls

August 3, 2020/in In the News/by Yao Dinizulu

CHICAGO, IL – The Dinizulu Law Group, Ltd. filed a lawsuit in Chicago on behalf of a Chicago family against Symphony Beverly nursing home, a chain nursing home operating in Illinois, Indiana, Michigan, and Wisconsin. Symphony Beverly is located at 2940 W. 87^th St. in Chicago, IL. In the complaint, the family alleges that Symphony nursing home ignored the warning signs and allowed a wheelchair bound mom to fall twice, resulting in her becoming quadriplegic.

According to the nursing homes own clinical evaluation admission note, it was known Yvette required extensive assistance with limited mobility. It was specifically noted that she could not bear her own weight and must be assisted into a chair, bed, or wheelchair. Yvette made frequent slight jerking motions that changed her body positions. The defendant recognized that Yvette maintained relatively good position in a chair or bed “most of the time,” but occasionally slid down. In other words, Yvette was known as a fall risk. In addition to having a history of falls, Yvette was a high fall risk because the medication she was on induced muscle weakness, numbness, dizziness and drowsiness. These complicated her ability to fully control her body. In addition, she was also on blood thinners which put her at a high risk for hemorrhage if a fall occurred, especially involving her head.

According to Yao Dinizulu, a partner at the Dinizulu Law Group, “When a nursing home takes in a patient, they are saying they are accepting the responsibility for the care of your loved one. In this case, they knew Yvette was a substantial fall risk that could not stay steady in a wheelchair. Despite all of these warning signs, they failed to place her in a wheelchair that fit her condition. The standard of care required that a Broda wheelchair in order to ensure that she did not fall, slip out, or unsettle the wheelchair that would allow her to hurt herself.”

Broda wheelchair

On August 14, 2017, Yvette was placed in a wheelchair that was not non-skid resistant that could allow a non-stable patient like Yvette to fall. As a result, on August 14, she tragically fell resulting in an admission to Christ Hospital and was diagnosed with acute-subacute flaccid paralysis with spinal cord changes and increased intensity for cord compression. While still recovering from her first fall at Symphony Beverly, a CNA attempted to move Yvette alone from her bed despite company policy that mandated two staff members must assist in moving and repositioning her. This resulted in Yvette falling again from her bed, worsening her previous fall. After these falls, her conditions progressively worsened until she passed away six months later.

Motor Vehicle Fatality Rates Jump Despite Quarantines

June 17, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – There has been much less traffic on the roads because of the novel coronavirus that has resulted in the closing of non-essential businesses and stay-at-home orders that have been in place since mid-March. There has been a reduction in car crashes; however, in some places the number of deaths from car accidents has decreased while others have increased.

Pandemic Traffic Crash Statistics
Some cities and states have seen a significant increase in dangerous car crashes during the pandemic. Through the first three months of 2020, the following states have experienced notable increases in the number of roadway deaths: Arkansas (16%), California (8%), Connecticut (42%), Illinois (11%), Louisiana (23%), Nevada (10%), New York (17%), North Carolina (10%), Oklahoma (9%), Tennessee (6%), and Texas (6%).

States with notable decreases include: Arizona (-4%), Hawaii (-32%), Idaho (-28%), Iowa (-13%), Maryland (-13%), Michigan (-12%), Oregon (-24%), and South Carolina (-12%).

Many people die from roadway accidents, especially during holiday weekends. The National Safety Council (NSC) estimated over Memorial Day weekend that 366 may die on U.S. roads. If the estimate holds, it will be the lowest number of fatalities for the holiday period since 2014.

Reasons for an Increase in Accidents
Reports indicate speeding has increased significantly since traffic has lessened. Some states are moving towards “ill-advised” roadway tactics intended to address the pandemic such as repealing requirements for teen drivers to pass road tests before acquiring licenses and relaxing hours of service rules for commercial vehicle drivers.

Distracted driving may also be more prevalent since there is less traffic, so drivers get a false sense of security and begin to use less caution. Drivers figure they have more time to react, so its OK to look at their cellphone.

“What really strikes me is the incredible speed of the changes we’re seeing on a roadways,” Ken Kolosh, manager of statistics at the National Safety Council, told NPR. “Looking at other recessions what you usually see is a decrease in the number of deaths, or the injuries and fatality rate holding steady or decreasing slightly.”

Driver Precaution
Practicing defensive driving is always important, and it is particularly important during the pandemic, as drivers may be much more reckless. To help ensure safer roads, NSC urges people to do the following while on the road:

Follow state and local directives and stay off the roads if officials have directed you to do so; many states are asking drivers to stay home unless it’s an emergency situation or for essential errands
Obey speed limits, even if roads are clear and traffic is light
Practice defensive driving: Buckle up, designate a sober driver if you’re going out drinking or arrange alternative transportation, get plenty of sleep to avoid fatigue, and avoid distractions
Be aware of increased pedestrians and bicycle traffic as people turn more to walking and biking to get out of their house safely during quarantine
Stay engaged with teen drivers’ habits and practice with them frequently (tips available here)
Organizations and employers are encouraged to join the Road to Zero Coalition, a group committed to eliminating roadway deaths by 2050

NSC collects fatality data monthly from all 50 states and the District of Columbia and uses data from the National Center of Health Statistics, so deaths occurring within one year of the crash on public and private roadways–such as parking lots and driveways–are included in the estimates. NSC motor vehicle crashes and estimates for each state can be reviewed here.

Injured in an Auto Accident? Our Licensed Attorneys Can Help

If you suffered injuries in a car crashed caused by someone’s negligence, or you lost a loved one in an accident, please call the Dinizulu Law Group for a free consultation. We may be able to help you seek compensation for your damages. With more than 50 years of experience, our legal team has protected and brought justice to victims and their families through Chicago and Illinois. Due to the statute of limitations, it’s important you inquire with an experienced attorney immediately to preserve your legal rights. For a free consultation, call (312) 384-1920 or visit our website for more information.

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.