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What if My Nursing Home Was Found Noncompliant with Federal Regulations?

February 8, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – If a nursing home is found noncompliant with federal requirements, the infraction depends on the nursing home’s general history and the infraction itself. Every nursing home that accepts Medicare and Medicaid payments are subject to federal regulations under the Nursing Home Reform Act of 1987. The reform law was adopted to ensure each resident receives quality care free of all neglect, abuse, and mistreatment.

The law requires federal oversight of nursing homes and for states to also inspect nursing homes regularly for violations. The state uses specific criteria when inspecting facilities that includes whether a deficiency is an isolated incident or whether the deficiency causes immediate harm to a resident.

Understanding Federal Nursing Home Regulations

According to federal nursing home regulations, nursing homes must:

Conduct comprehensive, accurate assessments of each individual’s functional capacity
Provide necessary assistance needed for a resident to carry out regular daily activities, such as good hygiene, grooming, and healthy nutrition
Prevent a resident’s ability to bathe, groom, dress, move around, use the bathroom, eat, and communicate from deteriorating
Ensure residents receive proper treatment and supportive devices to maintain their vision and hearing
Work to prevent residents from developing bed sores and pressure sores by prevention infection and encouraging mobility
Have an adequate amount of trained nursing staff
Develop a comprehensive care plan for each resident, which must involve the resident
Ensure residents receive adequate supervision to prevent slips and falls in nursing homes
Help residents avoid dehydration and malnutrition
Ensure that residents receive adequate medical attention and medication, limiting medical mistakes

Nursing homes are required to treat each resident with respect, dignity, and courtesy to keep records about their progress and any regressions.

Factors That Determine the Severity of a Deficiency

There are four factors that determine the severity of a deficiency:

Level 1 – No actual harm with potential for minimal harm: A deficiency that has the potential for causing no more than a minor negative impact on the residents or employees;
Level 2 – No actual harm with a potential for more than minimal harm that is not immediate jeopardy: Noncompliance with the requirements that results in the potential for no more than minimal physical, mental, and/or psychosocial harm to the residents or employees and/or that result in minimal discomfort to the residents or employees of the facility, but has the potential to result in more than minimal harm that is not immediate jeopardy;
Level 3 – Actual harm that is not immediate jeopardy: Noncompliance with the requirements that results in actual harm to residents or employees that is not immediate jeopardy;
Level 4 – Immediate jeopardy to resident health or safety: Noncompliance with the requirements that results in immediate jeopardy to resident or employee health or safety in which immediate corrective action is necessary because the provider’s noncompliance with one or more of those requirements has caused, or is likely to cause, serious injury, harm, impairment or death to a resident receiving care in a facility or an employee of the facility.

Factors that Determine the Scope of a Deficiency

There are three levels that are used to determine the scope of a deficiency: isolated, pattern, or widespread. The scope levels reflect how residents were affected by the deficiencies cited:

Isolated: When one or a very limited number of residents or employees is/are affected and/or a very limited area or number of locations within the facility are affected;
Pattern: When more than a very limited number of residents or employees are affected, and/or the situation has occurred in more than a limited number of locations by the locations are not dispersed throughout the facility;
Widespread: When the problems causing the deficiency are pervasive (affect many locations) throughout the facility and/or represent a systemic failure that affected, or has the potential to affect, a large portion or all of the residents or employees.

Punishment for Noncompliance

Any nursing home who fails to comply with federal regulations set forth by the Centers for Medicare and Medicaid (CMS) are subject to sanctions.

CMS and state agencies can punish nursing homes that fail to meet compliance, as well as those that regularly perform poor during inspections. Sanctions are based on the seriousness of offenses and may include:

Appointing temporary managers for facilities
Hosting training and other workshops for staff members
Creating directed plans of correction
Imposing a sliding scale of fines
Removing homes from Medicare and Medicaid

Under federal guidelines, nursing facilities in violation can be terminated from Medicare and Medicaid if they fail to remedy issues within six months. Being removed from the program means the nursing home can no longer accept patients who pay with Medicare and Medicaid.

Notifications Nursing Homes Receive When They Are Noncompliant

When nursing homes are not in compliance with federal regulations, CMS or the state must give the facility notice of the remedy, including:

The type of remedy being imposed
The nature of the noncompliance
The effective date of the remedy
The home’s right to appeal the determination that led to the remedy

How to Find Information about Specific Nursing Homes

The Nursing Home Compare tool contains information on every Medicare and Medicaid certified nursing home in the country. For nursing homes not certified under Medicare or Medicaid, check specific State website if available.

Contact a Nursing Home Abuse Attorney in Chicago, Illinois

If you suspect your loved one is being abused or neglected by their nursing home facility that is noncompliant with federal regulations, please contact one of our experienced nursing home abuse attorneys today. Our attorneys are well-seasoned and know when our clients are being mistreated. Contact the Dinizulu Law Group located in Chicago, Illinois today at (312) 384-1920 for a free consultation or visit our website for more information.

COVID-19 New York Death Toll Miscounted by “As Much As 50%”

February 1, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – New York Attorney General Letitia James (D) released a 76-page report on Thursday alleging the New York State Department of Health may have undercounted nursing home deaths by “as much as 50%.”

According to CBS News, the discrepancy is primarily due to the Health Department’s nursing home death data not accounting for nursing home residents who died of COVID-19 after being transferred to a hospital from their nursing home. The report is based on preliminary findings from an investigation that began in March into nursing homes policies that caused residents to be abused and neglected.

Governor Andrew Cuomo (D) is under scrutiny of obscuring the true death toll in long-term care facilities since the pandemic began in early-March.

According to the preliminary data analysis from the Office of the Attorney General, “a portion of nursing homes during the pandemic suggests that many residents died from COVID-19 in hospitals after being transferred from their nursing home,” (The Hill).

In one example, a facility that reported five confirmed and six presumed COVID-19 deaths to the Department of Health as of August 3. However, the facility reported to the attorney’s general office 27 COVID-19 deaths at their facility and 13 hospital deaths – a staggering discrepancy of 29 deaths.

In another instance, a facility reported one confirmed and six presumed COVID-19 deaths as of Aug. 3 but reported to the attorney general’s office 31 deaths – a discrepancy of 25 deaths.

More than 20 nursing homes are under investigation.

The Kaiser Family Foundation mentions only 6% of coronavirus cases have been associated with long-term care facilities; however, these cases make up nearly 39% of all COVID-19 deaths in the United States.

James said aside from miscounting the death toll, the investigation also revealed the lack of compliance with infection control protocols. This includes not isolating residents who had tested positive for coronavirus or even doing a basic employee screening of the virus, putting staff members and residents at an even higher risk.

The report also found fault with an order Gov. Cuomo issued at the start of the pandemic that stated nursing homes could not turn away patients who tested positive for COVID-19, as long as they were medically stable. The move was intended to help relieve overburdened hospitals that were sending patients elsewhere to free up capacity.

Although the state-commissioned report that was released in July didn’t find fault with the policy, James’s report said that it certainly may have increased the risk of the virus and spreading it to others at the facility.

Virginia woman speaks out against abuse at local nursing home

January 28, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – Helen Norfleet was 96 years old when she passed away after living at nursing home facility in Salem, Oregon. According to her death certificate, she died from pleural effusion, renal failure, pneumonia, failure to thrive, dementia, osteomyelitis on the left foot, among several other factors.

“My nanny was everything,” granddaughter Julie Parsons said.

The months before Norfleet passed away stands out the most to her granddaughter. Parsons visited her grandmother every day at Raleigh Court Health and Rehabilitation Center.

Parsons mentioned Raleigh Court actually worked well for her family until March 2020. “March 13 [to be exact], that was the last time I was allowed in that facility to see my grandmother,” said Parsons.

Parsons visits began happening through a window or computer screen. That’s when she slowly began to watch her grandmother’s hygiene decline.

“Her hair would be so greasy it looked wet,” Parsons described.

Parsons grandmother tested positive for COVID-19 at the beginning of September. According to her caregivers, she was asymptomatic and was doing well. One day later, Parsons called the facility to check on her grandmother when she was told Norfleet had fallen out of her bed, resulting in severe bruising on her face.

On October 4, Parsons got a call that her grandmother had a wound on two of her toes.

Three weeks later on October 21, Parsons was told the wound had worsened to the point that amputation was necessary. That night, Norfleet was taken to Lewis Gale and Parsons was able to see her grandmother for the first time since March.

Parsons recalled when the doctor came in and removed the bandage from Norfleet’s foot, she collapsed. “It was the most horrible, disgusting thing I had ever seen in my life. My grandmother’s toes had gotten so bad, and so infected that the bone was exposed,” Parsons said.

After Norfleet had her amputation, she stayed in the hospital a little over a week. During this time, Parsons recognized bruising all over her grandmother’s arms and chest.

On October 30, Parsons filed a police report which resulted in an affidavit that’s for a search warrant for Norfleet’s medical records at Raleigh Court Health and Rehab.

Three days later, Norfleet was discharged and taken to a different facility. Only three days later, Parsons got a call that her grandmother was not doing well.

“She was not herself. She told me that night she was dying,” Parsons recalls. “[She] fell asleep on November 20^th, she went to heaven.”

Parsons told WDBJ7 the only peace she has is knowing that her grandmother is no longer suffering. Parsons promised her grandmother that she would get justice for her and the other victims of abuse and neglect.

Parsons is currently waiting to see if the commonwealth’s attorney for Roanoke City, VA will pursue criminal charges against Raleigh Court Health and Rehab.

What is considered medical malpractice and when can medical providers be held liable in Illinois?

January 26, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – If a patient is harmed as a result of negligent medical treatment in Illinois, the doctor, hospital or other medical providers may be held liable for medical malpractice. Physician’s in Illinois are expected to provide care according to a certain care, also known as the standard of care. When they stray away from that standard and cause injury to a patient, further illness, or death, it is considered medical malpractice.

What Constitutes Medical Malpractice in Illinois?

Medical malpractice involves any deviation in the standard of care that medical providers owe to their patient. The most common types of medical malpractice claims include:

Diagnostic Errors
Medication Errors
Surgical Errors
Anesthesia Errors
Hospital Malpractice
Emergency Room Malpractice
Birth Injuries or Obstetrical Negligence
Unauthorized Treatment
Breach of Doctor-Patient Confidentiality
Unnecessary medical treatment or procedures

Illinois Statute of Limitations for Medical Malpractice Lawsuits

A “statute of limitations” refers to the law that sets a time limit on the right to file a lawsuit. Statute of limitations vary, meaning there are different deadlines for different types of cases.

In Illinois, the statute of limitations to file a medical malpractice lawsuit in Illinois is generally two years from the date the claimant knew or reasonably should have known of the injury. If a patient is under the age of 18 when the alleged medical malpractice occurred, the statute of limitations extends to eight years from the alleged act or omission; however, an act cannot be filed after the minor claimant’s 22^nd birthday. If the claimant is mentally incompetent, the statute does not begin to run until the disability is removed.

If medical malpractice results in death, the wrongful death two-year statute of limitations period begins to run on the date of the decedent’s death.

Damages for Medical Malpractice Claims in Illinois

The plaintiff must prove the defendant is liable for medical malpractice for it to be ruled in their favor. In this case, he or she may be able to collect money damages for: medical expenses, pain and suffering, lost wages, household services, and permanent disability and disfigurement.

Some states place damage caps on noneconomic damages (such as pain and suffering), but Illinois does not have any damage caps on medical malpractice damage awards.

Liability Issues Involved in Illinois Medical Malpractice Claims

Illinois follows a form of modified comparative negligence, where a medical malpractice action is barred only if the claimant’s contributory fault is more than 50% of the proximate cause of the injury or damage for which recovery is sought. If the claimant is less than 50% at fault for the injuries, he or she may still pursue a medical malpractice claim, but the financial recovery is reduced in proportion to the claimant’s percentage of fault.

Defendants in an Illinois medical malpractice lawsuit are jointly and severally liable for all damages. In other words, if there is more than one negligent party (such as a doctor and hospital), the plaintiff may file a malpractice claim seeking full recovery from any defendant.

There are legal issues involved with Illinois malpractice claims which makes them complex and involves a comprehensive factual investigation. It’s important to consult with a skilled Illinois medical malpractice attorney as soon as possible to review your case. If you or someone you loved has been injured due to a medical providers negligence, please contact the experienced medical malpractice attorney’s at Dinizulu Law Group, Ltd. We understand the process can be difficult and stressful which is why we offer medical malpractice consultations for free. Please visit our website for 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.

Hygienic Practices Nursing Homes in Chicago Should be Implementing to Reduce the Spread of Bacteria and Infections

December 23, 2020/in Uncategorized/by DAMG

The key to minimizing and controlling the spread of bacteria and infections in nursing homes starts with implementing effective hygienic practices. So, what are some examples of effective hygienic practices families should be seeing when visiting their loved ones who are living in a nursing home? According to the Agency for Healthcare Research and Quality, the following are just a few ways nursing homes can prevent the spread of infections.

Good Hand Hygiene

Good hand hygiene starts with staff members cleaning and sanitizing their hands frequently. To do this, they should:

Wash hands frequently. Staff members should be washing their hands with soap and water for at least 20 seconds when they know they will be handling food, after using the restroom or after assisting a resident with using the restroom, when their hands have become soiled, and if their hands have come in contact with blood or bodily fluids. If a health care worker is wearing a ring, they should keep it on when washing hands as it can “trap germs and get caught on clothing and equipment.”

Avoid touching sink handles with clean hands. Once a staff member has washed their hands, they should turn off the faucet using a paper towel to prevent them from getting their hands dirty.

Wear gloves. Staff members should be wearing gloves when handling residents and should change them each time they assist someone else.

Use hand sanitizer. Although hand washing is more effective, hand sanitizer can also be used in any situation other than those described in the first tip.

Stock medication and treatment carts with alcohol-based hand rub or alcohol hand wipes.

If you noticed that one or more health care workers in your loved one’s nursing home are not practicing good hand hygiene, you should bring it toa staff member’s attention as this is one factor that largely contributes to the spread of bacteria, infections, and infectious diseases.

Environmental Cleaning and Disinfection

In addition to nursing home staff members keeping their hands clean, staff members should also ensure the environment their residents are living in is clean and is being disinfected regularly. Some of the things the Agency for Healthcare Research and Quality recommend facilities do to help prevent the spread of infections include:

Clean with hospital-approved cleaners and disinfectants.
Staff members should be properly trained on how to use cleaners and disinfects around nursing home residents.
Clean and disinfect at the same time. Although are often interpreted to mean the same thing, cleaning refers to wiping away dirt and debris while disinfecting refers to removing and killing germs so they aren’t able to spread. It is important for nursing home staff members to clean and disinfect their facilities regularly.
Wipe down surfaces and areas that are touched regularly such as:

- - Doorknobs
  - Faucets
  - Countertops
  - Medical carts
  - Tables
  - Bed rails
  - Phones
  - Call lights
  - Personal care wipe packages

Gloves should be worn when areas are being cleaned and disinfected and discarded immediately after.
Gloves should also be changed when going in and out of rooms or when moving from a contaminated surface to a clean one.

Because bacteria and infections do spread easily in these facilities which are occupied by vulnerable individuals who more than likely have weakened immune systems, nursing homes should be taking all the precautionary measures they can to help reduce the spread of bacteria, infections, and infectious diseases.

What are some common types of infections and infectious diseases that can spread in nursing homes?

Some of the common types of infections and infectious diseases that can be spread in nursing homes include:

Influenza (flu) virus
COVID-19 virus
Pneumonia
Clostridium difficile colitis, better known as C. diff.

What if a facility’s lack of cleanliness or its failure to implement an infection control and prevention plan led to my loved one suffering?

If a nursing home has failed to implement the proper safety measures to help prevent the spread of an infectious disease or an infection and your loved one has suffered as a result, you may have a case against the facility. Nursing homes are required to meet certain state and federal standards and when those are violated and a resident suffers as a result, the home and even certain health care workers can be held liable for their negligence.

To learn more about holding a nursing home in Chicago liable for its negligence, contact the Chicago, IL nursing home neglect attorneys at Dinizulu Law Group, Ltd. Our attorneys can help you understand what your loved one’s legal rights are and how they can be properly exercised.

You can contact Dinizulu Law Group, Ltd. at:

221 North La Salle Drive, Suite 1100

Chicago, IL 60601

Phone: 1-312-384-1920

Website: www.dinizululawgroup.com