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Two Autopsies Find George Floyd Died by Homicide, but Differ on Key Details

CHICAGO, IL – George Floyd died tragically before the world’s eyes last Monday when a video went viral of four Minneapolis police officers handcuffed him and Derek Chauvin kneeled on Floyd’s neck while two other officers held him down. In the video, you can hear Floyd repeatedly tell officers, “Please, please, please, I can’t breathe,” that sparked condemnation, protests, and a national outcry.

All four officers were terminated and are under investigation by the F.B.I. Derek Chauvin was charged on Friday with third-degree murder and second-degree manslaughter. Minnesota’s attorney general Keith Ellison said the four officers involved will be charged to the “highest level of accountability” (New York Post).

Floyd’s family conducted their own private autopsy through independent pathologists, as well as the county medical examiner – both of which state he died by homicide; however, the two autopsy reports differed on how exactly Floyd died. Dr. Allecia Wilson, one of the pathologists that conducted the independent autopsy, said that Floyd died as a result of mechanical asphyxiation. The report by the Hennepin County Medical Examiner’s office stated Floyd died of “cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression. The manner of death was ruled as a homicide, but the medical examiner’s review “revealed no physical findings that support a diagnosis of traumatic asphyxia or strangulation.”

This has raised many questions from the public – why have the other officers who were involved not charged? Will they be charged with murder? The private autopsy shows Floyd was killed on the scene and died in front of our eyes due to the pressure of Chauvin kneeling into his neck and from the two officers holding him down, pressing him lungs into the pavement, which interfered with blood flow to his heart and brain.

The Hennepin County medical examiner’s office said Floyd experienced cardiopulmonary arrest while being restrained by the officers. The county autopsy said Floyd had other significant conditions including “arteriosclerotic and hypertensive heart disease; fentanyl intoxication; and recent methamphetamine use.” The office had not previously released their findings pending toxicology reports.

Dr. Michael Baden, a pathologist of the independent autopsy, stated further testing wouldn’t reveal evidence of compressive pressure on Floyd’s neck, back, and legs since the pressure would have been released when it was no longer applied. He mentioned that large areas of scraped and abrasions on Floyd’s face indicated the force was used to press him into the ground.

Benjamin Crump, a civil rights lawyer representing the Floyd family, said, “What those officers did, as we have seen on the video, is his cause of death – not some underlying, unknown health condition. George Floyd was a healthy young man. The ambulance was his hearse.”

Effects of Understaffing in Nursing Homes

Nursing home facilities across the nation are facing an understaffing crisis. Research has shown nearly 95 percent of nursing facilities in the United States are understaffed. Understaffing can lead to serious injuries, or in some cases death among residents. Some states, such as New York, don’t have a legal mandate on the ratio of nursing home staff to senior residents, which means problems can often go unnoticed.

Understanding the Issue of Understaffing
Understaffing in nursing homes is a serious, prevalent problem that often goes underreported. There is often pressure for nursing facilities to cut costs. This can result in facilities taking in more residents than what they’re staff can effectively and adequately handle. Understaffing can mean that a single nurse must care for dozens of residents at one time.

Nursing facilities may find that they have having problems holding onto enough adequately trained nurses and certified nursing assistants who can provide care to residents. High turnover rates can result in the over-scheduling of available staff members, who then in turn become overwhelmed by their duties.

Understaffing in nursing facilities can also lead to nursing home abuse. Staff are overwhelmed while being underpaid, which can lead staff members or caregivers to be more abusive towards their residents. Forms of abuse can include physical or sexual injuries, financial exploitation, and psychological trauma. Staff members can also neglect the needs of vulnerable residents by not giving out the proper dosage of medication or the proper medication, for example.

Consequences of Nursing Home Understaffing
There can be negative consequences of understaffing in nursing homes which can affect residents’ basic needs. Staff members may be suffering from extensive stress, which increases the likelihood of nursing home abuse and neglect. Abuse and neglect become a bigger issue as the resident to staff member ratio increases.

Neglect and abuse from nursing home staff can cause long term issues, such as psychological problems, physical illnesses, and even death in some circumstances. Understaffing can attribute to already present psychological issues or physical illnesses among residents.

Consequences of Immobile Patients
Many residents suffer from limited ability to ambulate on their own and are dependent on caregivers for all of their movement needs, as well as their physiological needs. When a nursing facility is understaffed, it can be impossible for staff members to turn the patients in bed enough times or to move residents around as they need to be moved in order to prevent bedsores. This can lead to further skin conditions or infections.

Neglecting Residents Needs
Residents may be dependent on caregivers and nursing home staff for their bathing, eating, grooming, and medication administration needs. If a resident is not bathed or groomed on a regular basis, they may develop sores and infections. Facilities that are understaffed may have problems with feeding and administering medication to residents on a routine schedule. This may lead to malnutrition, nutrition deficiencies, and other complications from not receiving medications on schedule.

The Abuse of Residents
Understaffing in nursing homes can also lead to the neglect and abuse of residents in the facility. Abusive nurses have indicated stress from understaffing is the primary cause of their being abusive to residents. Having limited time to care for each resident can result in caregivers or nursing home staff to become impatient and frustrated, resulting in abuse towards a resident.

Prevalence of Understaffing in Nursing Homes in U.S.
Each state has a different definition of what constitutes as adequate staffing levels for nursing homes; however, research indicates nearly 95 percent of nursing facilities in the United States are significantly understaffed. In 2001, 20 states introduced a total of more than 50 Bills on nursing staff standards in nursing homes.

For example, Illinois requires that a nursing home have enough staff to give each resident that needs skilled care at least 3.4 hours of nursing care, including at least 51 minutes of licensed nurse care. At least 21 minutes of the licensed nurse time bust be care by a registered nurse (R.N). For residents who are in need of intermediate care, the numbers include 2.3 hours of total nursing care, including 34 minutes by a licensed nurse and 14 minutes of registered nurse time (Illinois Citizens for Better Care).

Eleven states, including Florida, Massachusetts, Michigan, Minnesota, New Jersey, New York, Ohio, Pennsylvania, Tennessee, Texas, and West Virginia have proposed staffing increases that were not passed.

Four states (Hawaii, Minnesota, Montana, and Wyoming) have not changed their staffing standards since the 1970-1980s. Furthermore, eighteen sates made changes to their staffing standards in the 1990s.

Preventing Understaffing in Nursing Homes
Many nursing homes have been held accountable for issues related to understaffing in recent years through lawsuits. While this may be a temporary fix to the problem, there is much more work to be done in order to combat this issue. Because of understaffing, nursing homes nationwide have had to pay out millions of dollars to patients who have suffered from wrongful death and illnesses that are related to the understaffing in nursing facilities.

If a nursing home facility fails to provide adequate staff and supervision, it can have a serious impact on residents who depend on nurses, caregivers, and other staff members for care.

If you or a loved one has experienced abuse or neglect at the hands of a caregiver, we recommend you contact an experienced nursing home neglect and abuse attorney right away. Our team has proven success in nursing home cases and we will use our extensive legal experience to help you navigate the process to get you full and fair compensation for our loved ones injuries. To receive a free consultation, please call (312) 384-1920 or visit our website for more information.

How Can Negligent Hiring and Supervision Lead to Nursing Home Abuse?

Nursing homes are responsible for ensuring residents are properly cared for in a safe and healthy environment; however, when a facility and its administrators fail to hire qualified staff, provide inadequate training, or poorly supervise employees, these shortcuts could result in harm, or even death, to a resident.

What is Negligent Hiring?

Negligent hiring is “a claim made by an injured party against an employer based on theory that the employer knew or should have known about the employee’s background which, if known, indicates dangerous or untrustworthy character,” according to US Legal. Performing a proper background check could include the following:

  • Checking employment and personal references
  • Validating college degrees, certifications, and licenses
  • Performing a drug screening
  • Performing a criminal screening
  • Performing a credit check
  • Checking driving records

Examples of Negligent Hiring

There are several ways that negligent hiring could lead to resident abuse. For example, a nurse with a fraudulent degree from a non-accredited college who performs CPR on a resident could result in death. Another example is a newly hired staff member who has had a history of anger issues attacking a resident and causes injury to them.

What is Negligent Supervision?

There are several ways negligent supervision could lead to resident abuse. An example of negligent supervision would be if a registered nurse who was known to sign off on medications but never properly administered it to residents, and a resident later dies as a result of not receiving that medication. Many times, nurses will sign off saying they gave the resident their medication but didn’t. The employer was made aware that the registered nurse was doing this and didn’t address it, which leads to negligent supervision.

Examples of Negligent Supervision

There are several ways negligent supervision could lead to resident abuse, for example, an administrator of the facility is aware that a nurse and a resident don’t get along, but still assigns the nurse to work that resident, an argument could turn into a physical altercation, resulting in the resident being hurt. Another example is if a staff member knows several items have been missing from a residents’ room under the supervision of the same caregiver but doesn’t investigate, discharge, or reassign employees, the caregiver could end up stealing the resident’s identity and racking up thousands of dollars.

What To Do If You Suspect Abuse

If a nursing home facility fails to provide the proper hiring and supervision, it can have a serious impact on residents who depend on nurses, caregivers, and other staff members for care.

If you or a loved one has experienced abuse or neglect at the hands of a caregiver, we recommend you contact an experienced nursing home neglect and abuse attorney right away. Our team has proven success in nursing home cases and we will use our extensive legal experience to help you navigate the process to get you full and fair compensation for our loved ones injuries. To receive a free consultation, please call (312) 384-1920 or visit our website for more information.

Illinois Nursing Home Abuse & How to Report

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.

Nursing Homes Ban Visitors due to Coronavirus

Nursing Homes Ban Visitors due to Coronavirus

CHICAGO, IL – Nursing homes have become islands of isolation amid the shocking morality rate of coronavirus. Nursing homes nationwide have become concerned about outside visitors visiting residents which has led to the barring of all visitors – adult children can talk to their parents through a glass door just as jailhouse visitors due.

As of Wednesday, there are more than 1,311 cases confirmed in the U.S., according to state and local health agencies, governments, and the Center for Disease Control and Prevention (CDC).

Nursing homes are locking down in hopes to protect some of the nation’s most vulnerable residents from being affected by the coronavirus. Thousands of nursing homes and assisted living facilities across the country are taking extra precautions. Many families are debating whether to move their loved ones out of these facilities all together and care for them at home.

On Tuesday, industry leaders recommended curtailing visits, calling this challenge “one of the most significant, if not the most significant” issues the industry has ever faced, according to the American Association of Retired Persons (AARP).

The highly contagious disease puts the elderly and those who suffer from underlying health conditions such as respiratory distress at high risk, alarming businesses, schools, and health agencies. Guidance from the Centers for Medicare & Medicaid Services (CMS), the American Health Care Association (AHCA), and the Illinois Department of Health (IDPH), and the Illinois Health Care Association is rapidly increasing for these facilities.

Hospital Policies and Procedures for COVID-19

Because of ease of spread in a long-term care setting and the severity of illness that occurs in residents with COVID-19, facilities are discouraging visitation and have the ability to screen visitors before COVID-19 is identified in their community.

Facilities are responsible for sending letters or emails to resident’s family members, advising them to consider postponing

Who is at Higher Risk?

From earlier information gathering from China where COVID-19 originated from, those who are higher risk of getting sick from this illness includes:

  • Older adults
  • People who suffer from serious chronic medical conditions, such as:
    • Heart disease
    • Diabetes
    • Lung disease

Depending on how severe the outbreak is in your community, public health officials will make recommendations to the community to reduce the public’s risk of being exposed to COVID-19. These actions can stunt or reduce the impact of spreading the disease.

If you are at a high risk because of your age or serious long-term health problem, it’s crucial to take extra precautions to reduce your risk of getting sick.

How to Prepare for COVID-19 Now

According to the CDC, there are several ways you can make yourself prepared in case of an outbreak in your community.

  • Have supplies on hand
    • Contact your health provider to ask about obtaining extra necessary medications to have on hand in case of an outbreak in your community in the event that you need to stay at home for an extended period of time.
    • If you’re unable to get extra medication, consider using mail-orders.
    • Ensure that you have extra over-the-medicine and medical supplies such as tissues, thermometers, etc. to treat fevers and other symptoms. Most people will recover at home.
    • Have enough household items and groceries to be prepared for staying at home for a period of time.
  • Take precaution
    • Avoid close contact with anyone who is sick.
    • Take preventable action:
      • Wash your hands often using soap and water for at least 20 seconds. This is critical, especially after blowing your nose, sneezing or coughing in a public place.
      • If soap and water is unavailable, use hand sanitizer.
      • Avoid touching surfaces in public places – elevator buttons, door handles, handrails, and shaking hands with others.
      • Wash your hands immediately after touching a surface in public.
      • Practice routine cleaning of frequently touched surfaces, such as tables, doorknobs, light switches, handles, desks, and toilets.
      • Avoid large crowds, especially in poorly ventilated spaces. Your risk of exposure can increase substantially in a crowded area, especially those with little to no air-movement, increasing your chance of contracting COVID-19.
      • Avoid all non-essential travel including traveling by plane or embarking on a cruise ships.
    • If there is an outbreak of COVID-19 in your community, it’s important to take extra measures to distance yourself from others to reduce your risk of being exposed to this virus.
      • Stay at home as much as possible.
        • Consider ways of food being delivered to your house, through the use of family, or social and commercial networks.

Watch for Symptoms and Emergency Warning Signs

  • It’s important to pay attention to warning signs of potential COVID-19 symptoms including fever, cough, and shortness of breath. If you feel like you are developing symptoms, call your physician immediately.
  • If you develop emergency warning signs for COVID-19, please seek medical attention immediately. Adult emergency warning signs include:
    • Difficulty breathing or a shortness of breath
    • Persistent pain or pressure in the chest
    • New confusion
    • Bluish-tinted lips or face

It’s important to note that these are not all warning symptoms of COVID-19. Please consult a medical provider for other symptoms that are severe or concerning.

What to Do if You Get Sick

  • Stay at home and call your healthcare provider.
  • Call your healthcare provider and let them know the symptoms you are experiencing. This will help them take care of you and keep others from getting infected or exposed.
  • If you are not sick enough to be hospitalized, you are able to recover from home.
  • Know when to get emergency help.
  • Get medical attention immediately if you have any of the warning signs listed.

How to Support Older Adults

Community Support

Communities should prepare for an outbreak of COVID-19 that include older adults and people with disabilities, and the organizations that support them, to ensure their needs are being taken into consideration. Many individuals in the community depend on services and support in their homes or in the community to maintain their independence and health. Long-term care facilities should be vigilant to prevent the introduction or spread of COVID-19.

Family and Caregiver Support

Know what medications your loved one is taking and make sure to have extra on hand. Monitor food and other medical supplies, such as oxygen, dialysis, wound care, etc. and always be sure to have a back-up plan. Stock up on non-perishable food items to minimize your number of trips to the store. If you care for a loved one living in a care facility, monitor the situation, ask about the health of other residents and know the protocol in the event there is an outbreak.

For more information on how to protect your loved one who is in a long-term care facility or assisted living facility, please visit CDC’s website on ways to take more precaution. If your loved one has sustained a serious infectious disease complication resulting from negligent or missed medical treatment provided by a nursing home or due to a low level of staff care, they may be entitled to compensation. Please reach out to Dinizulu Law group now for a free consultation at (312) 384-1920.

 

5 Common Questions about Trucking Accidents

CHICAGO, IL – Car accidents are more common than truck accidents; however, truck accidents can be more fatal, especially when combined with speed, weather, and other conditions. It’s important to know factors that can contribute to a truck accident, how trucks are more dangerous than passenger vehicles, what to do if you’re involved in an accident, and how long you have to file a lawsuit.

According to a report released by Enjuris, 4,102 people died in a truck accident in 2017.  Thirty-two percent of accidents that occurred happened on an interstate or freeway, while fifty-two percent occurred on other major roads; moreover, fifteen percent of accidents happened on minor roadways.

Factors that Contribute to Truck Accidents

Driving a large commercial truck, such as a semi, is much more difficult to operate due to the weight and size of the truck. The size of the truck makes turning more difficult, and requires a much longer stopped distance than a passenger vehicle.

Improper loading can result in roll-over accidents, due to cargo being improperly loaded and strapped when inspecting before a truck leaves the warehouse. All employees are required to check their truck and ensure that all cargo is properly loaded and log information.

Drivers and truck companies have an obligation to inspect trucks and correct any maintenance issues as they arise. Many drivers and companies cut corners to keep up with profit margins, resulting in negligence.

Truck companies may fail to hire qualified drivers. Many truck companies are on tight deadlines, and hire drivers who are not qualified for these jobs, or have ever driven a semi-truck at all. Trucks are known to excessively speed to meet required deadlines, although they pose a serious threat to themselves and those around them.

Many drivers put deadlines before the safety of others and drive exhausted, or use a drug stimulant to keep themselves awake during their long hours on the road. When you combine these factors with weather, such as rain, snow, sleet, or fog, it can become catastrophic, or even fatal.

Why Are Commercial Trucks More Dangerous?

Tractor-trailers on average weigh 16 times more than a typical passenger car. Semi’s are roughly 53 feet and require 350 feet to come to a complete stop on the highway, compared to a passenger car which requires a breaking distance of 180 feet.

These trucks can also be carrying hazardous material that can cause further damage and injury.

What Do I Do if I Have Been Involved in a Truck Accident?

Ensure your safety above all else, and check to see if anyone was injured in another vehicle. Make sure you are in a safe location, or if you’re able to move your car, move it to an area where you can safely exit. If you need medical treatment, call 911 and request an ambulance right away.

The police will arrive to document the accident – no matter how big or small the accident may be, a documented police report should always be completed. Write down any information you can about the accident and never talk to the other vehicle involved about what happened. Take photographs of your car and the other car(s) involved.

You will need to request the truck drivers name, address, phone number, drivers license number, and insurance company and policy number. You should also get information regarding what truck company the driver works for.

It’s important to see a doctor, even if you think that you’re “fine.” A gap in time waiting to go to the doctor can hurt your case, so it’s important for your health and to have a record of seeing a doctor immediately after the accident.

If you’ve been injured or a fatal accident has occurred, you should contact an attorney immediately. The attorney’s at Dinizulu Law Group, Ltd. specialize in truck accidents and personal injury, and work hard to receive full compensation for any losses you may have occurred due to a truck driver’s negligence.

How Long Do I Have to File A Lawsuit?

Due to the statue of limitations, you have two years to file a lawsuit; however, you should contact an attorney immediately because of the steps they will have to take, like investigation and discovery. It’s important to seek legal help as soon as possible.

When Do I Hire a Truck Accident Lawyer?

You should hire a truck accident lawyer immediately after the accident occurs. It’s important to seek legal advice so your attorney can obtain as much information as possible on your accident.

Our attorney’s at Dinizulu Law Group offer a free, confidential consultation for you. They will walk you through your options and help with all legal representation. You can call (312) 384-1920 to schedule a free consultation, or visit our website for more information.

Contact:

Dinizulu Law Group, Ltd.
221 N. LaSalle St., Suite #1100
Chicago, IL 60614

What are some signs that might indicate bed bugs and other insects are living in my loved one’s nursing home?

Nursing homes in Illinois and all across the U.S. are required to meet certain state and federal standards that stipulate the type of environment a home is expected to provide its residents with. Not only must the facility be kept clean and tidy, but it should also be sanitary so viruses and diseases have nothing to feed off of and bed bugs and other insects don’t have an environment that is conducive for them to survive in. Unfortunately, there are facilities that aren’t being maintained which results in the home becoming hazardous and unhealthy for the residents who are living there.

Vietnam Vet Dies Days After Being Bit by Ants More Than 100 Times

After Laquna Ross went to visit her father Joel Marrable at the Eagle’s Nest Community Living Center, which is a nursing home for veterans located on the Atlanta VA Medical Center campus, she noticed something rather concerning. Her father, who was an Air Force veteran, had swollen hands and his body had red bumps all over it, says ABC News. Obviously, Ross was alarmed to see her father like this as it wasn’t how he looked the last time she had seen him.

When Ross reported her father’s condition to a staff member, their response was “You know, the ants. When we walked in here, we thought Mr. Marrable was dead. We thought he wasn’t even alive because the ants were all over him.” After hearing this, Ross couldn’t help but wonder what the protocol was inside these types of facilities to manage these situations.

Sadly, Ross’ father died days after he had been bitten up by ants.

While Ross knew her father was going to die as he had been suffering from cancer, perhaps the ant bites “promoted his body to die quicker.” She told the news source that after she had informed the staff about her father, they bathed him and cleaned his room. But that wasn’t enough to get rid of them. The ants returned the next day and that is when the staff decided to move him into a new room which is where he later died.

Ross shared with the news outlet that her father’s room had ants everywhere. They were on the ceiling, the walls, and the beds. After the Atlanta VA Hospital got word of the incident, a spokesperson for the facility released a statement saying they had taken action to address the issue by “stripping all the bedrooms and inspecting them for ants, removing all open food containers, hiring a pest control company to do an inspection, and purchasing plastic containers for the residents’ snacks.”

Although the facility did proceed to take preventive measures to reduce the chances of this happening again, you can’t help but wonder why these measures weren’t taken once the staff saw Marrable crawling with ants. It wasn’t until his daughter notified the staff that something was actually done. It is for this reason that the Chicago, IL nursing home abuse attorneys here at Dinizulu Law Group, Ltd. encourage you to visit your loved one regularly and report any signs of odd behavior, markings on your loved one, or anything out of the ordinary so that is can be properly addressed. If you find that the staff is not handling the issue accordingly, you should then contact our office immediately at 1-312-384-1920.

Signs that Your Loved One’s Nursing Home Might Have Bed Bugs and Other Insects Living Inside of it

As unwholesome as it sounds, insect infestation has proven to be a serious issue for residents living in nursing homes which is why we encourage you to look for the following signs that might indicate there are insects such as bed bugs living in the nursing home your loved one currently resides in.

Signs of Bed Bugs

Bed bugs generally hide during the day which makes them difficult to spot, according to Orkin so be sure to keep your eye out for the tiny, rust-colored stains they tend to leave behind. You will want to look in the following places for these spots:

  • The mattress tags and shams
  • The ceiling
  • Under seat cushions
  • Behind the headboard
  • You’ll also want to look for areas that might be potential hiding spots for bed bugs such as lifted wallpaper.

Some other insects aside from bed bugs that tend to lurk in nursing homes include scabies and the only way to tell if your loved one is living in a place that fosters an environment for these bugs to survive in is to remain vigilant during each of your visits. For example, you should inspect your loved one each time you go to seem them to be sure they don’t have any raised bumps, bites, rashes, blisters, pimples, etc. and if you notice anything that could potentially be a bug bite, report it to the staff immediately.

The Chicago, IL nursing home my loved one lives in is unsanitary and dirty. What can I do?

For starters, you might want to notify the staff of the conditions you are witnessing and consider looking for a new home for your relative to live in. You can also contact one of our Chicago, IL nursing home abuse attorneys to learn more about what your family member’s legal rights are when they are forced to live in unhealthy or hazardous conditions.

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

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

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

Pritzker Creates Elder Abuse Task Force

CHICAGO, IL – The Department on Aging is responding to more than 20,000 reports of elder abuse that has occurred within the last year. Last Monday, Governor J.B. Pritzker created a 22-member Elder Abuse Task Force to further investigate current practices and raise the publics’ awareness of elderly abuse.

The newly-created task force was created through Senate Joint Resolution 13 and passed both houses unanimously. The Elder Abuse Task Force is staffed with legislators, agency heads, and elder abuse experts which range from state directors at AARP Illinois to an Illinois State Police captain.

The task force will analyze the effectiveness of elder protective services in Illinois and other states to develop a long-term plan to combat elder abuse in Illinois. Pritzker will be presented all findings and recommendations by January 1, 2021.

“One case of elder abuse would be too many,” Pritzker said. “But 20,000 annually is unacceptable. We need to tackle this head on.”

Paula Basta, the director of the Illinois Department of Aging, mentioned the reports of abuse included adults over the age of 60 and older and people 18 to 59 with a disability. She made note that abuse comes in many forms – it’s not limited to simply physical abuse, but furthermore passive neglect, financial exploitation, emotional and verbal abuse, among many more. In many cases, an elder is experiencing more than one form of abuse.

According to The Telegraph, the task force is staffed includes:

  • Katie Stuart – 112th District Legislator
  • State Sen. Rachelle Crowe
  • Kristopher Tharp – Lieutenant, Madison County Sheriff’s Office
  • Tonya Genoese – Assistant State’s Attorney, Madison Country State’s Attorney Office
  • State Sen. Craig Wilcox
  • Debbie Verschelde – Executive Director, Aging Care Connections
  • Lori Hendren – Associate State Director, AARP Illinois
  • Dawn Wells – RN, Area Manager, Illinois Department of Healthcare and Family Services
  • Aimee Isham – Bureau Chief for Long Term Care, Illinois Department of Public Health
  • Paul Isaac – Senior Advisor to the Secretary, Illinois Department of Financial and Professional Regulation
  • Gene Seaman – Human Rights Authority Supervising Manager, Illinois Guardianship and Advocacy Commission

If you suspect a loved one is suffering from elder abuse, please contact Dinizulu Law Group, Ltd right away. Our experienced attorney’s work diligently until your case is resolved and your loved one is out of harm’s way. Please call our office at (312) 384-1920 or visit our website for more information.

Report Shows Pharmaceutical Companies Contributing to U.S. Opioid Epidemic

CHICAGO, IL – Recently released federal data shows how drug makers and distributors contributed to the nation’s opioid epidemic by increasing shipments of opioid painkillers between 2006 to 2012.

The Drug Enforcement Administration (DEA) records show that over 76 billion oxycodone and hydrocodone pills were distributed to U.S. pharmacies during the 6 year time period. According to the U.S. Centers for Disease Control and Prevention (CDC), opioids contributed to more than 100,000 deaths in the United States between 2006 and 2012.

The Associated Press reported Purdue Pharma was fined $635 million for falsely marketing OxyContin as being less addictive than other generic and brand opioids; however, Purdue accounted for 3 percent of pills sold during that time compared to generic drug distributors accounting for nearly 90 percent of sales.

According to the CDC, other prescription and illegal opioids such as heroin and fentanyl have resulted in more than 430,000 deaths in the U.S. since 2000. Between 2006 and 2012, the annual amount of opioid-related deaths rose from 18,000 to more than 23,000.

Synthetic opioids, such as fentanyl, are among the most common drugs involved in drug overdose deaths in the U.S. According to the National Institute of Drug Abuse, there were 59 percent of opioid-related deaths involving fentanyl in 2017 compared to 14.3 percent in 2010.

Local and state governments have requested these records not be released to the public; however, U.S. District Judge Dan Polster, who is overseeing most of the cases, ruled that it could be made public. Records from 2013 to 2014 have not been released yet and have asked to be sealed and protected.

An article released in 2016 by PBS calls the opioid epidemic “the worst drug crisis in American history,” destroying lives nationwide regardless of age, race, wealth, or location. The CDC stated whites and Native Americans have experienced the largest rise in death rates; moreover, by 2014, whites and Native Americans were dying at double or triple the rates of African-Americans and Latinos.

Drug expert Dr. Andrew Kolodny told the New York Times “racial stereotypes” may be an explanation for the gap, saying studies have found doctors are more reluctant to prescribe painkillers to minorities, worrying they may sell them or become addicted.

More than 2,000 state, local, and tribal governments are seeking to hold drug companies accountable for the national crisis. According to the Associated Press, West Virginia, Kentucky, Tennessee, and Nevada all received more than 50 pills for every man, woman, and child each year.

Opioid addiction is a chronic disease that can cause major health, social, and economic problems. Opioids are a class of drugs that act in the nervous system to produce feelings of pleasure and pain relief (U.S. National Library of Medicine). Opioids change the chemistry in the brain and lead to a drug tolerance, resulting in needing increased dosages over time to experience the same effect. Opioids are potent, meaning they have a high potential for causing addiction in some people, even when administered and taken properly.

Medical professionals can make costly mistakes that lead to serious harm or death of a patient. Responsible parties can include:

  • The physician who prescribed the medication for prescribing too much, the wrong dosage, or failure to monitor the patient after medication has been prescribed
  • The hospital if medication was given during hospitalization or emergency room visit
  • The pharmacy and/or pharmacist if the wrong drug or dosage was given to a patient

If you or a loved one has suffered from a prescription drug overdose or medical error, you may seek justice from a negligent medical professional by filing a medical malpractice lawsuit. It’s important to report and hold the responsible party accountable to prevent others from suffering in the same way. The attorney’s at Dinizulu Law Group, Ltd. work diligently to recover compensation for monetary, emotional, and mental losses you or a loved one may have suffered.

Please call (312) 384-1920 or visit www.dinizululawgroup.com to seek legal representation.

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