law | Dinizulu Law Group, Ltd

Supreme Court draft opinion would overturn Roe v. Wade

May 3, 2022/in Blog/by Yao Dinizulu

CHICAGO, IL – The U.S. Supreme Court has voted to strike down the landmark Roe v. Wade decision, per an initial draft majority opinion written by Justice Samuel Alito which was circulated inside the Court.

In 1973, Jane Roe filed a lawsuit against Henry Wade, District Attorney of Dallas County, where she resided, challenging a Texas law making abortion illegal expect by a doctor’s orders to save a woman’s life. In the lawsuit, Roe alleged that the state laws were unconstitutionally vague and abridged her right of personal privacy, which is protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.

The draft guaranteed federal constitutional protections of abortion rights and a subsequent 1992 decision – Planned Parenthood v. Casey – that largely maintained the right.

“We hold that Roe and Casey must be overruled,” Alito wrote claiming the “Opinion of the Court.” Joined by justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett stated, “We hold that Roe and Casey must be overruled.”

Chief Justice John Roberts asked the marshal of the U.S. Supreme Court to launch an investigation into the leaked draft opinion that suggests the high court is prepared to strike down the landmark 1973 ruling making abortion legal in all 50 states.

While not binding until its published, the leaked opinion provides a window into the high court’s thinking.

In the case at hand, which was argued in December, Mississippi asked the Supreme Court to overturn Roe v. Wade and uphold the state law that bans abortions after 15 weeks of gestation.

Chicago Nursing Home Facing Allegations of Nursing Home Neglect

June 6, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Mayfield Care Center, a nursing home in Chicago, is facing allegations of nursing home neglect. Due to a staff shortage, residents have been left neglected and been living in poor living conditions.

According to CBS, Stan McKinney and his sister Geraldine believe Mayfield Care Center contributed to the death of their mother, Dorothy. This isn’t the first time Mayfield Care Center has been put into question. Stan McKinney recalled the times he would visit his mother and stated, “It was just the smell of death. It was gross neglect. I’ve gone when she was just on a mattress. There was no linen.”

Geraldine McKinney witnessed on multiple different occasions her mother being nude walking around on the floor she resided on. The McKinney’s wrote letters to Mayfield’s managers detailing what they witnessed and the neglect their mother was receiving. Dorothy McKinney passed away in 2017 from a staph infection after being neglected and suffering from severe bed sores.

Staff shortage has caused employees to be responsible for 40 residents, sometimes up to 70 leading to residents receiving improper care and neglect.

Mayfield Care Center has been sued nearly 50 times with most cases ending in settlements. According to the Illinois Department of Professional Regulations, Mayfield has been cited for insufficient nursing staff and has been investigated for several complaints but cited for none.

Studies conducted by the National Council on Aging estimate every 1 in 10 Americans over the age of 60 have experienced some form of elder abuse. There is 1-2 million cases of elder abuse per year; only 1 in 14 cases of abuse are reported to authorities.

Elder abuse includes physical abuse, emotional abuse, sexual abuse, exploitation, neglect and abandonment. The National Council of Aging (2018) suggested the most common warning signs of elder abuse, (but are not limited to):

Physical abuse: bruises, broken bones, abrasions, burns
Emotional abuse: unusual depression, strained relationships, withdrawal from normal activity, sudden change in alertness
Financial abuse and exploitation: sudden changes in financial situation
Neglect: bedsores, weight loss, poor hygiene, unattended medical needs
Verbal abuse: threats, use of power to control individuals

If you suspect a loved one is suffering from elder abuse in a nursing home or other long-term care facility, please contact Dinizulu Law Group immediately. We take allegations very seriously, and will work diligently until your case is resolved and your loved one is out of harm’s way. Please call us at (312) 384-1920 or visit our website for more information.

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.

The Dangers of Truck Accidents in Illinois

May 23, 2019/in Blog, Trucking accident injury law/by Yao Dinizulu

CHICAGO, IL (May 23, 2019)– As more licensed drivers and motor vehicles enter the roadway, it’s no surprise the number of traffic fatalities and injuries will steadily increase over time. The Illinois Department of Transportation reported that tractor-trailers contribute to roughly 11,000 accidents, including 106 accidents being fatalities (2016). Large trucks contribute to a staggering 13 percent of car accidents that occur within Illinois.

Commercial trucks include tractor-trailers hauling freight, construction vehicles, delivery trucks, emergency service vehicles and so forth. As the demand and use of trucks increases, it is important to note that smaller passenger vehicles are simply outweighed by heavy-weighted trucks. Nearly 80 percent of crashes involving trucks take place during the day in clear weather.

Trucks pose an inherent danger to other drivers on the road; in fact, there are specific laws and regulations in place at the federal and state level to ensure truck drivers are properly trained and meet certain standards that qualify them to drive a tractor trailer. Some basic standards all drivers must meet include being tested for drug and alcohol use, how often drivers are driving per day, passing a DOT physical that tests your eyes, ears, overall well-being. Other basic standards include obtaining a valid Commercial Driver License (CDL), all drivers must pass an endorsement test depending on the type of CMV that will be driven, and the truck must pass an air brakes test (Federal Motor Carrier Safety Administration, 2019).

Due to the pressures to meet company deadlines, trucking companies and drivers violate the safety rules and regulations put in place to protect us all from harm. A study conducted by the FMCSA found that over 66 percent of crashes involving trucks involved regulatory, brake, or marking violations. A trucking company could also be held accountable for “negligently hiring” an unfit driver who was not properly trained or a had bad driving history and caused a crash.

In the event that a loved one is killed in a trucking accident, family members may pursue a wrongful death claim. The Wrongful Death Act (740 ILCS 180/0.01) states whenever the death of a person shall be caused as a wrongful act, neglect or default of others, a person can pursue the negligent party at fault to recover any loss or damages due to their loved one’s death. Personal injury lawsuits following a truck collision intend to compensate the victim or their loved ones for harm resulting from the negligent acts of the trucking company providing damage of death, disfigurement, paralysis, burns, loss wages, medical costs and pain and suffering.

The statute of limitations limit how long you have to file a lawsuit. As such, it is important that you inquire with an experienced attorney immediately to preserve your legal rights. Our, experienced truck accident attorneys at Dinizulu Law Group, Ltd. will identify the help you need. With more than 50 years of combined experience, our legal team has protected and brought justice to victims and their families throughout Chicago and Illinois. Due to limitations and regulations, trucking accidents differ from car accidents and our attorneys will need to begin working on the case right away. Reach out to us online or by calling 312-384-1920 to further discuss your legal 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.

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.