Elder abuse | Dinizulu Law Group, Ltd

How Nursing Homes Attempt to Hide Abuse

March 20, 2022/in Blog/by Yao Dinizulu

CHICAGO, IL – Nursing home abuse is just one part of the larger problem with elder abuse – especially in nursing homes. As many as 5,000,000 people are affected by elder abuse each year, according to the National Council on Aging (NCOA).

How Common is Nursing Home Abuse?

Nursing home abuse effects thousands of families each year. In 2014 alone, more than 14,000 complaints were filed with nursing home ombudsmen about abuse or neglect.

The National Center for Victims of Crime (NCVC) compiled a breakdown of nursing home abuse complaints:

27% – Physical abuse
22% – Resident-on-resident abuse (physical or sexual)
19% – Psychological abuse
15% – Gross neglect
8% – Sexual abuse
8% – Financial exploitation

Who is At Risk?

Any elderly person in a long-term care facility may suffer from nursing home abuse; however, there are certain risk factors that lead individuals to be more at-risk to be exposed to abuse.

Women are more likely to be abused then men. NCVC found that 66% of elder abuse victims were women. Individuals who have been abused or experienced a traumatic event in the past are more likely to be victims of abuse again in the future. Additionally, poor mental and physical health may increase the risk of abuse. Individuals who suffer from Alzheimer’s or dementia are particularly vulnerable to abuse. Nearly 50% of elders with dementia experience abuse or neglect while living in a nursing home.

Common Abuse Tactics

There are various ways staff members at nursing home facilities work to hide incidents of nursing home abuse. In some cases, an individual may be attempting to cover up abuse; however, in other situations, management or facility owner may be part of the cover-up.

Common tactics used to hide nursing home abuse include:

Threatening the resident with additional harm if they report what happened
Refusing to allow family members to visit with a resident alone
Confusing the resident to make them believe they imagined the abuse
Providing family members or loved ones with other explanations for injuries
Keeping no record of medical care for abuse-related injuries
Altering logbooks or other records to hide abuse or neglect

Any staff members that abuses a nursing home resident should be terminated immediately. Unfortunately, many nursing homes across the United States are understaffed – especially Illinois nursing homes. Facilities tend to not immediately fire the abusive employee.

Contact a Chicago Nursing Home Abuse Lawyer

The Dinizulu Law Group is always looking out to protect the interests and rights of nursing home residents. Contact our skilled team of nursing home abuse attorneys today so we can help assess your loved ones situation. To receive a free consultation, contact us now at (312) 384-1920.

When Is a Nursing Home Responsible for a Resident’s Death?

February 16, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – Nursing home residents are normally elderly individuals, sometimes in poor health, so unfortunately, nursing home deaths are not uncommon. Many residents succumb to his or her illness or of old age; however, there are certain situations where death is preventable. If you have lost a loved one living in a nursing home facility, you may question whether your loved one’s death was caused by poor care or neglect. If a nursing home’s wrongful death or negligent actions lead to a resident’s death, the surviving family members have the right file a wrongful death claim against the nursing home facility.

How Do I Know If My Loved One’s Death Was a Wrongful Death?

Wrongful death is “a death caused by the wrongful act of another, either accidentally or intentionally,” (Cornell Law School). When a party is negligent, careless, or wrongful actions lead to another person’s death, had that person survived, he or she would be entitled to bring a wrongful death claim against the party. Wrongful death claims is intended for a family member of the deceased individual to obtain compensation for the companionship lost due to the death of your loved one. Wrongful death claims attempt to offset any financial hardships you may face while dealing with your loved one’s death.

A skilled wrongful death lawyer will use a variety of strategies to investigate your loved one’s death. Documents included in wrongful death claims include all medical records, staff schedules, witness statements, incident reports, the nursing homes policies and procedures, and photos and videos of the facility.

Signs Your Loved One’s Death May Be a Wrongful Death

Some common signs of wrongful death include:

Nursing home staff failed to provide necessary medical care in a timely manner.
Your loved one was not consistently receiving his or her medications.
Your loved one suffered from dehydration or malnutrition.
Your loved one has bed sores or other signs of neglect.
Your loved one had injuries caused by physical abuse or sexual abuse.
The nursing home did not report your loved one’s fall or other injury-causing accident.
The nursing home failed to transfer your loved one to an appropriate facility when he or she needed a higher level of care.
The nursing home failed to prevent wandering, elopement, or resident-on-resident violence.

Bringing a Wrongful Death Claim Against a Nursing Home

While there is no legal recourse you can take that will replace your tragic loss, wrongful death claims can hold a multitude of entities accountable, including the facility, administrators, doctors, and nurses, and other staff members. Bringing forth a wrongful death claim may also allow you to recover financial compensation for the losses resulting in your loved one’s death. You could be entitled to compensation for medical expenses, funeral and burial costs, and your own grief and suffering.

Contact a Chicago, IL Nursing Home Negligence Lawyer

If your loved one’s death was preventable due to another’s negligence, contact one of our skilled nursing home wrongful death attorneys at Dinizulu Law Group. Call our office at (312) 384-1920 for a free, no-obligation consultation with one of our Cook County wrongful death attorneys. Our experienced attorneys know when our clients are being mistreated and work hard to help you seek the justice that you and your family deserve.

Illinois Nursing Home Abuse & How to Report

March 26, 2020/in Blog/by Yao Dinizulu

Nursing home neglect happens more often than you think. An estimated 5 million adults 65 and older are abused and neglected each year in the U.S. Neglect is an form of elder abuse committed against an older adult in a nursing home that breaches the duty that may harm a resident.

You’re more than likely going to experience a family member or someone you know being in a long-term care facility. Nearly 1.5 million people live in a nursing home in the U.S., according to the Centers for Disease Control and Prevention (CDC). When someone else is taking care of your loved one, it’s important to do research on the facility you ultimately choose.

Illinois has one of the highest rates of nursing home abuse in the nation. It’s important to be aware of the signs and symptoms to look out for when suspecting abuse and know how to report a case.

Anyone can commit elder abuse; in fact, in almost 60% of elder abuse and neglect incidents, the perpetrator is a family member and two thirds are adult children or spouses according to the National Council of Aging (NCOA). However, perpetrators are not limited to just family members and may include caretakers or other residents.

What is elder abuse?

Elder abuse or neglect “refers to the mistreatment of a person 60 years of age or older who lives in the community,” according to the Illinois Department of Human Services (IDHS).

IDHS states abuse and neglect includes any of the following:

Abuse – physical, sexual, or emotional mistreatment and/or willful confinement.
Neglect – the failure of a caregiver to provide the older person with the necessities of life, including but not limited to food, clothing, shelter, and medical care.
Financial exploitation – the misuse or withholding of the older person’s resources by another to the disadvantage of the older person and/or the profit of another.

What makes an older adult vulnerable to abuse?

Older adults who are in nursing homes are socially isolated and those who have mental impairments such as dementia or Alzheimer’s disease makes them more susceptible to being abused or neglected. Studies have shown that those with dementia have experienced a form of abuse or neglect.

Most common types of abuse:

According to the Illinois Department of Aging (IDOA) victims often experience more than one form of abuse. 67 percent of victims are female, while 33 percent are male; however, 51% of abusers are females, while 49% of abusers are male.

Based on the 2017 annual report, the most common forms of abuse in Illinois were:

Financial exploitation, (8,604)
Emotional abuse (6,476)
Passive neglect (6,679)
Physical abuse (3,782)
Willful deprivation (2,268)
Confinement (1,381)
Sexual abuse (765)

What to do if you suspect abuse:

If you suspect your loved one is experiencing abuse in their nursing home, talk to the staff immediately. If the problem isn’t resolved, you can talk to one of the following:

Call 911, especially if they are in life threatening danger
Supervisor
Social worker
Director of nursing
Administrator
Doctor

Families should document signs of nursing home abuse and indicate any change in their loved ones behavior, take pictures of the injuries and note if injuries worsen, and write or record any witnesses that has seen the abuse or from the victim themself.

How to report nursing home abuse:

There are several ways you can report nursing home abuse. In case of emergencies, please dial 911. You can also contact:

Long-term care ombudsman
- You can find your local ombudsman here.
Professional medical experts like doctors or nurses
Nursing home administrator

To confidentially report abuse:

A 2019 report by GAO states, “nursing home abuse often goes unreported mainly because residents are afraid of what will happen if they speak out.” Residents fear that staff may treat them worse, or abuse will continue and worsen.

A nursing home report can often remain confidential when complaints are filed with a long-term care ombudsman, unless consent is given otherwise. Confidentiality eases the concern of addressing a problem.

File a Lawsuit

If you suspect your family member or loved one is the victim of nursing home abuse or neglect, it’s important to take legal action right away to protect their rights. In Illinois, the statute of limitations limits the amount of time you have to file a lawsuit which is 2 years from the injury date.

Throughout the litigation process, the attorney’s at Dinizulu Law Group collect evidence to build your case against the nursing home and staff and inform you of the steps we take along the way. Please call our firm today for a free consultation at (312) 384-1920 to learn how you can obtain justice for your loved one.

How Can I Tell If My Loved One is Being Neglected or Abused?

September 16, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Abuse and neglect in nursing homes remains under-reported in the United States according to a report released by the Department of Health and Human Service’s Office. Many nursing homes frequently fail to report abuse to the Centers for Medicare and Medicaid Services (CMS), or to local law enforcement.

Elder abuse is the physical abuse, emotional abuse, sexual abuse, financial exploitation, abandonment or neglect. Often times the victim knows the perpetrators – they are often family members, such as children or spouses, and care givers in nursing homes and assisted living facilities. Illinois has more nursing home abuse cases than any other state. The Illinois Department of Aging’s Annual Report (2017) stated there were 16,507 reports of abuse, neglect and financial exploitation. Nearly 74 percent of abusers were the child, spouse, or relative and many times experience more than one form of abuse.

How Can I Tell if My Loved One is Experiencing Neglect or Abuse in a Nursing Home?

There are many warning signs to look for in your loved one while visiting them at a nursing home, or any other facility. Common signs of abuse include:

Signs of malnutrition and dehydration
Unexplained bedsores, bruises, or lacerations
Broken bones or fractures
Rapid weight gain or loss
Sudden change in mood and behavior
Torn or bloody clothes
Sexually transmitted diseases
Signs of depression, confusion, and loss of interest in things they once enjoyed
Missing or broken eyeglasses, hearing aids, etc.
Unsanitary conditions
Understaffed and hostile employees
Improper medication, or overly medicated

How Can I Tell How Many Deficiencies a Nursing Home Has?

Pro Publica is a great search engine tool you can use to compare nursing homes based on deficiencies cited by regulators within the last three years. You’re able to search using a keyword, city, or nursing home name and search by state and severities.

Once you hit search and your results pop up, you’re able to see the nursing home, the date, city and state, how many deficiencies were reported, the severity range, and the actual report and nursing home information. It’s important to note that the number and severity relates to the search terms, and not necessarily all deficiencies against the nursing home facility.

How Can I Tell if a Nursing Home is Reputable?

Start by doing a lot of research – read reviews and look up deficiencies of nursing home facilities. You want to ensure your putting your loved one in the right hands, so many factors must be accounted for. The location of a nursing home, their visiting policies, and the patient-to-staff ratio are all things to consider. When visiting the nursing home, it’s important to note the appearance of the facility and residents and how the facility is ran overall. The friendliness and helpfulness of the staff, sleeping accommodations, and daily activities may contribute towards your decision. In addition, the dining facility and meal options, and health care issues should be inquired about.

What Damages Can be Recovered?

If your loved one has experienced neglect or abuse while at the hands of a caregiver in a nursing facility, you may be entitled to collect compensation for:

Emotional distress, loss of quality of life, and pain and suffering
Past and future medical expenses
Physical impairment for disability for injuries caused by staff negligence
Other out-of-pocket expenses

Who is More Susceptible to Being Neglect or Abused?

67 percent of victims are female, while 33 percent are male; however, 49 percent of abusers are male and 51 percent are female. One in five victims are 86 or older and suffer from some sort of barrier. 35 percent of reported cases of abuse were from social workers or medical personnel, while family members contributed for 16 percent of reports, followed by victims self-reporting in only 8 percent of cases.

What to do if My Loved One is Being Neglected or Abused in a Nursing Home Facility?

It’s important to bring any concerns of neglect or abuse to the nursing home facility, in addition to law enforcement. Our experienced nursing home abuse attorney’s will help you recover from abuse and neglect – we work for you and your loved one to get the reimbursement you deserve. Please call (312) 384-1920 to schedule a free, confidential consultation. Due to the statue of limitations, we must begin to work on your case right away.

Dinizulu Law Group, Ltd.
221 N. LaSalle St., Suite 1100
Chicago, IL 60601

Nursing Home Neglect: “Granny Cams” in Long-Term Facilities

May 30, 2019/in Blog, Elder abuse/by Yao Dinizulu

CHICAGO, IL – Nursing home abuse is a serious issue that as many as 10 percent of seniors reported experiencing according to the National Center on Elder Abuse. As staff members work longer hours and are understaffed, stressful situations arise and begin to take a toll on nursing home staff often leading to neglecting or even abusing patients.

Having the ability to monitor your loved ones gives family members a peace-of-mind and allows the ability to keep an eye on caregivers; in addition, it can be helpful for family members to observe if caregivers are using improper techniques that may injure a patient or serve as evidence if abuse is found.

As more states are beginning to pass legislation to govern the use of cameras in long-term care facilities, otherwise known as “granny cams,” it is important to note there can be requirements when using the camera. Louisiana is the last state to pass this legislation preceding Illinois, New Mexico, Oklahoma, Texas and Washington, if both the resident and roommate have consented. Each state law differs from the next addressing concerns of consent, notice requirements, assumption of costs, penalties for obstructing or tampering with the camera, and access to recordings.

Some nursing homes may have requirements due to the language in their admission contracts. For example, Utah permits cameras in assisted living facilities while New Jersey doesn’t have a law specifically allowing the use of recording cameras; however, has a program that lends cameras to families who suspect abuse or neglect.

If you suspect abuse or neglect, get help immediately. If your state does not have a law or rules regarding the use of cameras in long-term care facilities, or if you have questions about their use, you should consult an attorney to discuss your rights and options.

Nursing home neglect, nursing home abuse, Chicago

How Payroll Records Can Help Prevent Nursing Home Neglect

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

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

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

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

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

Verbal Threats Are Still Nursing Home Abuse

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

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

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

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

Yelling
Intimidation
Humiliation
Blame

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

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

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

What Distinguishes a Good Nursing Home Facility From a Bad One?

August 13, 2018/in Blog, nursing home neglect, Uncategorized/by Yao Dinizulu

The latest innovations in technology have helped ensure our elderly loved ones can be safer in a nursing home facility today than what was the case a decade ago. But are all the nursing homes taking advantage of today’s technology? To distinguish a good nursing home facility from bad one, there are many things you can review before selecting a place.

Background Checks

The emergence of electronic records that can be shared between law enforcement across various states have made background checks more reliable and easier to complete. But it’s the hiring practices of the nursing home that can reveal whether it does background checks in a thorough manner, or if at all.

Safety Alert Systems

While only 5% of the elderly population lives in nursing homes, 20% of elderly falls and accidents occur in them. Almost 2,000 nursing home residents die each year from these falls, and many suffer from other injuries. Good quality nursing homes have extensive training and safety systems in place to minimize the risk of injury among their residents. This includes alerting systems that can buzz and communicate to the nursing home staff when a fall-risk resident gets up unassisted. Top quality nursing homes have these systems so that the onus is not simply on the elderly resident to press a call button to get assistance. Always ask a nursing facility to demonstrate their safety alert system.

Caring For Residents Suffering From Alzheimer’s Disease

Good nursing homes invest in training staff to properly care for residents suffering from Alzheimer’s disease. Caregivers who have extensive training in how to cope with behavior linked to Alzheimer’s are less likely to verbally abuse a resident. These caregivers often understand how to best handle situations that may arise, and are more likely to respond appropriately.

Administering Medicine

Often times, one caregiver is responsible for administering medicine to many residents, and there is a risk that pills can get mixed. These dangers increase if caregivers are overwhelmed, or working in a nursing home that doesn’t hire adequate staff. Good quality facilities will have a highly organized method for administering medications.

Such nursing homes will put daily medication doses in sealed packets and cross-reference them to a medication list before administering them to residents. Don’t be afraid to ask a facility about its procedures for administering medications before placing your loved one there.

Infection Prevention & Control

Infections can have deadly results, especially for our elderly loved ones. Be sure that your loved one’s nursing home facility takes the threat of infections seriously. Are patients kept separately when they are contagious? Does the nursing home offer infection prevention & control training to its staff? Do you see such training enforced? For example, do you see the staff washing hands regularly, wearing gloves, and using clean medical devices?

Renovations & Floor Plans to Prevent Falls

Good nursing homes often get renovations when they are needed and the layout of such nursing homes is designed to make it easier for the elderly to navigate. This includes slip-resistant flooring, light beams that guide along hallways and exits, unobstructed walkways, supportive furniture, (such as chairs with padding support and armrests), low-pile carpet that’s properly secured to the floor as opposed to loose rugs, shag or high-pile carpets, which are all considered a fall risk for the elderly.

While we hope these tips help you select the right facility for your elderly loved one, it’s not uncommon to see some nursing homes go back on their promises after admitting your loved one. If you notice that the care of your mom or dad is not what was promised, you may need a dedicated and experienced nursing home neglect or abuse lawyer. Our nursing home abuse and neglect lawyers in Chicago have over 50 years of combined experience with verdicts and settlements reaching millions of dollars. Contact the Dinizulu Law Group, Ltd. to fight for you and your loved one. We offer free initial consultations and can be reached by email or phone at 1 (312) 384-1920 or 1 (800) 693-1LAW.

How is Your Loved One’s Health Monitored in a Nursing Home?

May 25, 2018/in Blog, nursing home neglect/by Yao Dinizulu

When you place your elderly loved one in a nursing home, chances are they have medical conditions that need to be consistently monitored. How does a nursing home watch over your loved one? From managing medications and diet to monitoring new health challenges, how are these needs met? Watch the video to learn more.

A nursing home supports an infrastructure of medical professionals, ranging from dieticians, therapists, and nurses and doctors. Together, they manage and administer your loved one’s diet, medicine, and the needed medical tests. Whether a patient has hypothyroidism, anemia, diabetes, Alzheimer’s or other serious medical conditions, the nursing home must facilitate the management of the medical care of your loved one. If they took your mom as their resident, they are asserting that they can manage the care appropriately for your loved one.

This only works if each member of the nursing home staff communicates with each other. For example, if the nurse does an assessment of a nursing resident, and observes a change in status, while often times she must not act alone, she must communicate this to the applicable doctor, dietician or specialized provider. The nurses are the eyes and ears of the doctors and the medical facility like a nursing home.

All this information is communicated across various levels of staff and different departments of the nursing home through verbal orders and patient charts. To effectively care for all their residents, a nursing home must have policies in place that require detailed documentation and clear channels of communication along with the appropriate guidelines for managing that care.

As a nursing home neglect attorney, I cannot tell you how many lives are lost due to these communication mistakes. If the nurse is overworked or overwhelmed like many are due to working in understaffed nursing homes, chances are he or she may forget to appropriately communicate to all of the providers. In such a case, the resident’s condition would go on untreated. For our elderly loved ones, this is a recipe for disaster. Nursing homes often make a deliberate choice to underhire staff to save expenses.

But you should know that if you or your loved one has been hurt due to a untreated condition, there are options for you. The Dinizulu Law Group, Ltd. has helped many people get justice when they are harmed in a nursing home that cuts corners. With over 50 years in combined experience and verdicts and settlements reaching millions, our nursing home neglect lawyers are here to fight for you. Call us at 1 (312) 384-1920 or 1 (800) 693-1LAW, or reach us by email.

You can also find more informational videos regarding nursing home neglect and injury matters from our nursing home abuse attorneys on our media page.