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Nursing home workers reach tentative deal to end strike against Infinity

CHICAGO, IL – A tentative agreement between Infinity Healthcare Management and its nursing home workers was reached on Friday after nearly 700 employees went on strike nearly two weeks ago.

Hundreds of workers at 11 Illinois locations of Infinity Health Care Management nursing homes went on strike on Nov. 23. Nine of those nursing homes are in the Chicago area.

Nursing home workers include cooks, housekeepers, and certified nursing assistants. Employees have been negotiating a new contact since June, immediately following when their last contract was expired.

SEIU Healthcare Illinois previously said the company discontinued pandemic pay – higher wages for essential workers during the coronavirus pandemic – at the end of July, despite receiving $12.7 million in funding from the federal CARES Act.

Under a new three-year contract, all workers would receive a minimum $1 an hour raise, with the average staff member receiving a $2 an hour wage increase. Workers would also earn annual raises in year two and three of the contract, according to SEIU Healthcare Illinois union leaders.

Nursing home workers in facilities with verified coronavirus cases or facilities being monitored due to COVID-19 cases, will also receive an increase in pandemic pay, from $2 an hour to $2.50 an hour. Employees will also gain five days of COVID-19 related sick time and be guaranteed adequate personal protective equipment.

Chicago Sun Times reported union leaders said under the new proposed contract, the average hourly wage will jump from $13.65 to $15.58. The union states the agreement will raise standards for Certified Nursing Assistant pay, which in turn, will help improve staffing levels and the level of resident care.

CMS Issues Memo Reaffirming Nursing Home Residents’ Right to Vote

CHICAGO, IL – The Centers for Medicare & Medicaid Services (CMS) has issued a memo affirming the continued right that nursing home residents are allowed to exercise their right to vote. The memo recognizes limitations visitors have to enter facilities to assist residents in voting; however, nursing homes must still ensure residents are able to exercise their Constitutional right to vote.

Residents’ Rights include:

  • 483.10(b) Exercise of Rights: The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States
  • 483.10(b)(1): The facility must ensure that the resident can exercise his or her rights without interference, coercion, discrimination, or reprisal from the facility
  • 483.10(b)(2): The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights and to be supported by the facility in the exercise of his or her rights as required under this subpart

A resident has the right to vote and must not be impeded in any way by the nursing home facility and its staff. Nursing homes should have a plan in place to ensure residents are able to exercise their right to vote, whether in-person, by mail, absentee, or other authorized process. Some states may have specific programs to enable nursing home residents to vote in which the facility should coordinate and engage with those programs. This may include:

  • Mobile Polling in residential facilities performed by a bipartisan team of workers; and/or
  • Assistance in registering to vote, requesting an absentee ballot, or completing a ballot from an agent of the Resident’s choosing, including family representative, LTC Ombudsmen or nursing home staff

If a resident is unable to cast their ballot in person, nursing homes must ensure residents have the right to receive and send their ballots via the U.S. Postal Service, or other authorized mechanism allowed by the State or locality.

CMS regulations specific to use of mail, which also apply to voting, for voting, include:

  • 483.10(g)(7): The facility must protect and facilitate that resident’s right to communicate with individuals and entities within and external to the facility, including reasonable access to: (i) A telephone, including TTY and TDD services; (ii) The internet, to the extent available to the facility; and (iii) Stationery, postage, writing implements and the ability to send mail
  • 483.10(h)(2) The facility must respect the residents right to personal privacy, including the right to privacy in his or her oral (that is, spoken), written, and electronic communications, including the right to send and promptly receive unopened mail and other letters, packages and other materials delivered to the facility for the resident, including those delivered through a means other than a postal service
    • Promptly meaning the delivery of mail or other materials to the resident within 24 hours of delivery by the postal service, including a post office box, and delivery of outgoing mail to the postal service within 24 hours, except when there is no regularly scheduled postal delivery and pick-up service.

Additional information is available from the HHS Administration for Community Living related to voting rights and resources, as well as contact information for Long Term Care Ombudsmen can be found here.

October is Long-Term Care Residents’ Rights Month

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

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

Review of Nursing Home Resident’s Rights

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

  1. Right to a Dignified Existence
  • Equal access to quality care
  • Be treated with consideration, dignity, and respect, recognizing each resident’s individuality
  • Freedom from abuse, neglect, exploitation, and misappropriation of property
  • Freedom from physical or chemical restraints
  • Quality of life is maintained or improved
  • Exercise rights without interference, coercion, discrimination, or reprisal
  • Provide a homelike environment, and use of personal belongings when permitted
  • Security of possessions
  1. Right to Self-Determination
  • Reasonable accommodation of needs and preferences
  • Organize and participate in resident and family groups
  • Request, refuse, and/or discontinue treatment
  • Choice of activities, schedules, health care, and providers, including attending physician
  • Participate in developing and implementing a person-centered plan of care that incorporates personal and cultural preferences
  • Choice of designating a representative to exercise his or her rights
  1. Right to be Fully Informed Of
  • Rules and regulations, including a written copy of residents’ rights
  • The type of care to be provided, and risks and benefits of proposed treatments
  • Contact information for the long-term care ombudsman program and that state survey agency
  • Changes to the plan of care, or in medical or health status
  • State survey reports and the nursing facility’s plan of correction
  • Written notice before a change in room or roommate
  • Notices and information in a language or manner he or she understands (Spanish, Braille, etc.)
  1. Right to Raise Grievances
  • Present grievances without discrimination or retaliation, or the fear of it
  • Prompt efforts by the facility to resolve grievances, and provide a written decision upon request
  • To file a complaint with the long-term care ombudsman program or state survey agency
  1. Right of Access to
  • Individuals, services, community members, and activities inside and outside the facility
  • Assistance if sensory impairments exist
  • Visitors of his or her choosing, at any time, and the right to refuse visitors
  • Personal and medical records
  • His/her personal physician and representatives from the state survey agency and long-term care ombudsman program
  • Participate in social, religious, and community activities
  1. Rights Regarding Financial Affairs
  • Manage his/her financial affairs
  • Information about available services and charges for each service
  • Personal funds of more than $100 ($50 for residents whose care is funded by Medicaid) deposited by the facility in a separate interest-bearing account, and financial statements quarterly or upon request
  • Not be charged for services covered by Medicaid or Medicare
  1. Right to Privacy
  • Private and unrestricted communication with any person of their choice
  • Regarding personal, financial, and medical affairs
  • During treatment and care of personal needs
  1. Rights During Discharge/Transfer
  • Preparation and orientation to ensure safe and orderly transfer or discharge
  • Right to appeal the proposed transfer or discharge and not be discharged while an appeal is pending
  • Receive 30-day written notice of discharge or transfer that include: the reason; the effective date; the location going to; appeal rights and process for filing an appeal; and the name and contact information for the long-term care ombudsman
  • Notice of the right to return to the facility after hospitalization or therapeutic leave

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

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

How to Choose a Nursing Home in 2020

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

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

Make sure to consider asking the following questions:

Facility Type:

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

Staffing:

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

Safety, Infectious Disease & Care:

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

Food:

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

Residents Rooms:

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

Hallways, Stairs, Common Areas, & Bathrooms:

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

Activities:

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

Use of Antipsychotic Drugs:

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

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

Resources for Nursing Home Abuse

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

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

OR

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

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

Contact Nursing Home Abuse and Neglect Attorneys in Illinois

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

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

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

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

Elements of a Nursing Home Claim

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

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

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

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

Contact a Cook County Nursing Home Abuse Injury Attorney

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

Top 4 Elder Abuse Assessment Questions

CHICAGO, IL – If you suspect someone you love may be suffering from elder abuse in their nursing home facility, it’s important to ask questions. The following questions were adapted from the Elder Abuse Suspicion Index (EASI). EASI is a set of questions that doctors may ask if they think an elderly patient is being abused. You can use these assessment questions to check on your loved one’s well-being and begin to take action from there.

  1. Has anyone limited your daily activities?

If someone is limiting a seniors daily activities, they may be doing so in order to take advantage of them, which is known as “willful deprivation.” Willful deprivation can have a wide range of negative consequences.

Through willful deprivation, seniors may not receive food and water, proper medications, glasses or hearing aids, or medical care. According to the National Institute of Aging (NIA), this is a form of emotional abuse.

If a senior tells you someone has been restricting or changing their daily activities, it’s important to find out who. Many times the person who is abusing a senior is someone close to them such as a family member, at-home caregiver, or nursing home staff member.

  1. Has someone talked to you in a threatening way?

Verbal harassment can cause elders to be scared, agitated, and withdrawn; furthermore, can lead to mental health problems such as anxiety and/or depression.

An abuser may use threats to prevent a senior from speaking to loved ones, nursing home staff, and law enforcement officials. This type of intimidation can make it much harder for seniors to seek the help that they need.

  1. Has someone forced you to give them money or sign strange papers?

If someone has forced an elder to give them money or sign papers such as legal documents and checks, it can be a sign of financial abuse.

Financial abuse can drain seniors of their life savings, leaving them unable to afford basic living expenses. It can also cause seniors to suffer from distrust, depression, and feelings of worthlessness.

Unfortunately, some cases of financial abuse may not come to light until months or years after because it can be hard to detect. Some seniors with mental or physical health issues may not be able to properly track their finances. For example, a former attorney store nearly $1 million dollars from a nursing home resident who suffered from dementia over a seven-year period.

  1. Has anyone touched you without your consent or hit you?

If a senior is being inappropriately touched or hit, these physical interactions could be signs of sexual or physical abuse. Other signs of physical abuse can include broken bones or sprains, bruises, scratches, or loss of hair or teeth.

Even if a loved one has not been physically injured, any unwanted touching in inappropriate areas is considered sexual abuse and can traumatize them.

It’s a good idea to take a less direct approach when asking about these sensitive questions. You may want to ask your loved one to explain how they got an injury on their body if one is visible.

Other Elder Abuse Assessment Questions

A senior may not answer elder abuse assessment questions honestly out of fear that their abuser will find out and will hurt them. There are questions you can ask yourself if you think your loved one is being abused.

Ask yourself:

  • Does the senior seem withdrawn or in a bad mood?
  • Are they not making eye contact with you or others?
  • Are they suffering from poor hygiene?
  • Are they improperly clothed?
  • Do they have strange and/or unexplainable cuts, bruises, or other injuries?
  • Are they not regularly taking their medication?

Elder Abuse Assessment: Next Steps

If you believe your loved one is being abused or neglected, it’s important to remove them from that environment as soon as possible. From there, you should take them to a hospital to seek treatment, if necessary. It’s also important to report nursing home abuse or elder abuse to the police or Adult Protective Services (APS). Finally, it’s important to explore legal options to receive compensation for their injuries, medical treatment, and other expenses.

The Dinizulu Law Group, Ltd. has extensive knowledge and resources in this area of the law and provide highly personalized service by working closely with clients throughout every step of the process. Our attorneys have represented hundreds of individuals and families in making claims against abusive nursing home facilities and have helped them receive the compensation they deserve. Please call our office to schedule a free consultation at (312) 384-1920 or visit our website for more information.

Illinois lawmakers seek hearings after failure to investigate nursing home complaints

CHICAGO, IL – The Illinois Department of Public Health has hired a former U.S. Attorney to review the department’s failure to investigate complaints of nursing home abuse and neglect in long-term care facilities for more than three months over the course of the pandemic.

Last month, Deputy State Long-Term Care Ombudsman Chuck Miller said he and others could not properly advocate for residents they represent due to COVID-19 restrictions. “I’ll just say our program has had difficulties because we’re not regulators,” he said.

The department said that for more than 15 weeks during the COVID-19 shutdown, the Bureau of Long-Term Care was not properly processing or investigating claims.

Illinois law requires abuse and neglect complaints to be reviewed within certain time frames was not suspended. IDPH personnel did not complete reviews of allegations of abuse and neglect in a timely manner between March 15 and June 30.

According to the Washington Examiner, the department has more than 272 allegations of abuse and neglect from that period and substantiated the factual circumstances of 17 of those complaints.

To ensure findings are thorough and accurate, IDPH has hired former U.S. Attorney Cox to conduct a thorough review of the complaints that IDPH found to be unsubstantiated.

Hogares de ancianos y su respuesta a los residentes con demencia

CHICAGO, IL – Cerca de dos tercios de todos los residentes de hogares de ancianos de EE. UU. Tienen algún tipo de deterioro cognitivo, como demencia, y la calidad de la atención y la calidad de vida de estas personas se han cuestionado durante mucho tiempo. La negación de la demencia por parte de los cuidadores es real y peligrosa, especialmente en un hogar de ancianos. Los diagnósticos de demencia también pueden pasarse por alto cuando los miembros del personal están sobrecargados de trabajo y los equipos de atención con pocos recursos no reciben la capacitación adecuada para evaluar a los residentes con dificultades que pueden requerir supervisión adicional y manejo de medicamentos, actividades diarias y necesidades financieras.

 Signos de demencia

 Es importante conocer los signos de la demencia para saber cuándo se debe trasladar a un residente de un centro de enfermería a un entorno de vida especializado asistido las 24 horas para mantenerlo seguro.

  1. Pérdida de memoria en etapa temprana

Uno de los signos más comunes y prominentes de la demencia, especialmente en las primeras etapas, es olvidar información como fechas o eventos importantes y hacer las mismas preguntas repetidamente. Aquellos que se encuentran en la etapa inicial tienden a tener una necesidad cada vez mayor de confiar en los demás para recordar hechos, personas o rutinas.

  1. Incapacidad para concentrarse y conversar

Algunas personas que sufren de demencia pueden experimentar cambios en su capacidad para concentrarse y seguir un plan o una conversación. Pueden tener problemas para seguir el ritmo de la conversación o confundirse. También pueden comenzar a tener dificultades para nombrar objetos familiares, como llamar a una “cama” una “mesa”.

  1. Se producen caídas

Las personas con demencia tienen una mayor probabilidad de sufrir caídas y fracturas de cadera. Las caídas pueden ocurrir cuando el personal no sigue el protocolo, como cuando se necesitan dos personas presentes para mover a un residente de su silla de ruedas a la cama. Las fracturas óseas graves y las lesiones cerebrales traumáticas (TBI) son lesiones comunes por caídas que pueden provocar un deterioro de la salud de una persona.

  1. Vagabundeo y fuga

Seis de cada 10 personas que sufren de demencia deambularán e intentarán moverse sin rumbo fijo por las instalaciones sin tener en cuenta su seguridad personal. El Consejo Nacional de Profesionales Certificados en Demencia (NCCDP) ha identificado diferentes tipos de deambulación; como, deambular con señales ambientales, deambular recreativo, deambular agitado con propósito, deambular fantasía o reminiscencia, y fuga. Según el NCCDP, la fuga es el tipo más peligroso de deambular y ocurre cuando un paciente intenta salir del hogar de ancianos por completo y vagar afuera.

  1. Dificultad creciente con tareas simples

A medida que avanza la demencia, disminuye la capacidad para realizar tareas diarias como bañarse, comer, vestirse y socializar.

  1. Confusión general sobre visitas y citas

Como se dijo anteriormente, quienes padecen demencia comienzan a perder la noción de fechas y eventos importantes, como las vacaciones, u olvidan que un miembro de la familia viene de visita. Empiezan a tener dificultades para comprender dónde están, por qué están allí y cómo llegaron allí.

  1. Artículos perdidos

Su ser querido puede comenzar a perder artículos o ponerlos en un lugar inusual. Es probable que no puedan volver sobre sus pasos a medida que disminuya su memoria. También pueden acusar a otros de robar o extraviar artículos personales importantes, especialmente a medida que avanza la enfermedad.

  1. Cambios en el estado de ánimo, la personalidad y el buen juicio

Las personas pueden experimentar cambios difíciles en el juicio y la toma de decisiones. Los cambios de humor y personalidad pueden ocurrirle a alguien con demencia y Alzheimer en etapa temprana. Los individuos se confunden fácilmente, se sienten temerosos, desconfiados, ansiosos o deprimidos.

Respuesta de los hogares de ancianos a los residentes con demencia

En un estudio reciente publicado por los Institutos Nacionales de Salud de la Biblioteca Nacional de Medicina de EE. UU., Los residentes con demencia o Alzheimer tienen un mayor riesgo de sufrir abusos. El abuso puede existir en muchas formas, como negligencia del cuidador, abuso psicológico, abuso físico, abuso emocional, abandono, auto-negligencia, abuso sexual y explotación financiera.

Los facilitadores más comunes fueron la introducción de políticas y programas en las instalaciones, la educación y las condiciones laborales. Las barreras más citadas fueron la formación deficiente, las condiciones de trabajo en un entorno de atención a largo plazo y la falta de investigación. La creciente población podría aumentar este problema de manera exponencial, afirmaron los investigadores.

El abuso actual continúa debido a problemas de detección y prevención; sin embargo, otro problema es que el 80 por ciento del abuso de personas mayores no se denuncia.

Cómo prevenir el abuso

La mejor manera de prevenir y abusar es mantenerse informado sobre los signos y síntomas para saber qué buscar y escuchar atentamente a los residentes, especialmente a los más vulnerables que sufren de demencia o Alzheimer. Al crear una cultura en la que los miembros del personal del asilo de ancianos denuncien todas las sospechas de abuso, las organizaciones pueden aumentar sus posibilidades de identificar y rectificar los comportamientos de abuso rápidamente.

Las instalaciones deben ofrecer capacitación y mejores procesos de selección para que los empleados identifiquen y reconozcan los problemas de los residentes. También deben contratar con diligencia personal que sea apto para cuidar a los adultos mayores y capacitar al personal para reconocer y denunciar sospechas de abuso. Los profesionales de la demencia también deben ser educados y estar en alerta máxima sobre los riesgos asociados con los residentes afectados por la demencia y su probabilidad de estar expuestos al abuso y la negligencia.

Comuníquese con un abogado con experiencia en abuso en hogares de ancianos 

Puede ser difícil y traumático descubrir que usted o un ser querido padece demencia o Alzheimer y no está seguro de su futuro. Si sospecha que su ser querido está siendo descuidado o abusado debido a un deterioro cognitivo, Dinizulu Law Group lo ayudará a comprender situaciones comunes y señales de que algo anda mal.

Dinizulu Law Group, Ltd. tiene un amplio conocimiento y recursos en esta área de la ley y brinda un servicio altamente personalizado al trabajar en estrecha colaboración con los clientes en cada paso del proceso. Nuestros abogados han representado a cientos de personas y familias en la presentación de reclamos contra las instalaciones de hogares de ancianos abusivos y los han ayudado a recibir la compensación que merecen. Llame a nuestra oficina para programar una consulta gratuita al (312) 384-1920 o visite nuestro sitio web para obtener más información.

Nursing Homes & Their Response to Residents with Dementia

CHICAGO, IL – Close to two-thirds of all US nursing home residents have some type of cognitive impairment, such as dementia, and the quality of care and quality of life of these people have been long called into question. Dementia denial from caregivers is real and dangerous, especially in a nursing home setting. Dementia diagnoses can also be missed when staff members are overworked, and poorly resourced care teams do not receive adequate training to evaluate struggling residents that may require extra supervision and management of medications, daily activities, and financial needs.

Signs of Dementia

It is important to know the signs of dementia to know when a resident should be moved from a nursing facility to move to a 24-hour assisted specialized living environment to keep them safe.

  1. Early Stage Memory Loss

One of the most common and prominent signs of dementia, especially in early stages, is forgetting information such as important dates or events, and asking the same questions repeatedly. Those who are in the early stage tend to have an increasingly need to rely on others to recall facts, people, or routines.

  1. Inability to Concentrate and Conversate

Some people who suffer from dementia may experience changes in their ability to concentrate and follow a plan or conversation. They may have trouble keeping up with the conversation or become confused. They may also begin to struggle with naming familiar objects, such as calling a “bed” a “table.”

  1. Falls Occur

Those with dementia have an increased likelihood of increased falls and hip fractures. Falls can happen when staff are not following protocol, such as needing two people present to move a resident from their wheelchair to bed. Severe bone fractures and traumatic brain injuries (TBI) are both common fall injuries that can lead to a decline in a person’s health.

  1. Wandering and Elopement

Six out of 10 people who suffer from dementia will wander and aimlessly attempt to move around the facility without regard for their personal safety. The National Council of Certified Dementia Practitioners (NCCDP) have identified different types of wandering; such as, environmentally cued wandering, recreational wandering, agitated purposeful wandering, fantasy or reminiscent wandering, and elopement. According to NCCDP, elopement is the most dangerous type of wandering and occurs when a patient attempts to leave the nursing home altogether and wander outside.

  1. Growing Difficulty with Simple Tasks

As dementia progresses, the ability to perform daily tasks such as bathing, eating, getting dressed, and socializing decreases.

  1. General Confusion Over Visits and Appointments

As stated early, those who suffer from dementia begin to lose track of important dates and events, like holidays, or forget a family member is coming to visit. They begin to start struggling to understand where they are, why they are there, and how they got there.

  1. Misplacing Items

Your loved one may begin to lose items or put them in an unusual place. They likely will not be able to retrace their steps as their memory decreases. They may also accuse others of stealing or misplace important personal items, especially as the disease progresses.

  1. Changes in Mood, Personality, and Sound Judgement

Individuals may experience difficult changes in judgement and decision making. Mood and personality changes can happen to someone with dementia and early-stage Alzheimer’s. Individual’s become easily confused, fearful, suspicious, anxious, or depressed.

Nursing Homes Response to Residents with Dementia

In a recent study published by the US National Library of Medicine National Institutes of Health, residents with dementia or Alzheimer’s are at a greater risk of experiencing abuse. Abuse can exist in many forms such as caregiver neglect, psychological abuse, physical abuse, emotional abuse, abandonment, self-neglect, sexual abuse, and financial exploitation.

The most common facilitators were the introduction of policies and programs in the facility, education, and working conditions. The most cited barriers were poor training, working conditions in a long-term care setting, and a lack of research. The growing population could increase this problem exponentially, researchers stated.

Current abuse continues because of detection and prevention issues; however, another issue is that 80 percent of elder abuse goes unreported.

How to Prevent Abuse

The best way to prevent and abuse is to keep yourself educated of the sign and symptoms so you know what to look for, and attentively listen to residents, especially those who are most vulnerable that suffer from dementia or Alzheimer’s. By creating a culture in which nursing home staff members report all suspected abuse, organizations are able to increase their chances of identifying and rectifying abuse behaviors quickly.

Facilities need to offer training and better screening processes for employees to identify and recognize resident issues. They must also diligently hire staff who are fit to care for older adults and train staff to recognize and report suspected abuse. Dementia professionals must also be educated and on high-alert to the risks associated with dementia-ridden residents and their likelihood of being exposed to abuse and neglect.

Contact an Experienced Nursing Home Abuse Attorney

It can be difficult and traumatic to discover that you or a loved one is suffering from dementia or Alzheimer’s and are unsure about your future. If you suspect your loved one is being neglected or abused due to suffering from a cognitive impairment, the Dinizulu Law Group will help you understand common situations and signs that something is wrong.

The Dinizulu Law Group, Ltd. has extensive knowledge and resources in this area of the law and provide highly personalized service by working closely with clients throughout every step of the process. Our attorneys have represented hundreds of individuals and families in making claims against abusive nursing home facilities and have helped them receive the compensation they deserve. Please call our office to schedule a free consultation at (312) 384-1920 or visit our website for more information.

What Are a Nursing Home Resident’s Financial Rights?

When you think of a nursing home, you probably imagine many elderly individuals living there who rely on staff members to help them with their everyday tasks. While it is true that most do require around the clock assistance, there are plenty of residents who still act independently and are able to manage certain areas of their life. Take finances, for instance. A large portion of residents living in a nursing home in Illinois still have the mental capacity to make financial decisions and even handle their own money. According to The Consumer Voice, some of the financial rights a nursing home resident has include:

  • They have the right to handle their own bank accounts and money.
  • They have access to their funds on weekdays during business hours.
  • They are able to withdraw as much of their own money as they choose.
  • They can keep their spending habits private.
  • They can receive an itemized account of their monthly bill.
  • They can appoint a person to handle their finances.

Because a nursing home resident may still have access to their funds, many individuals, including workers and even family members, will sometimes take advantage of their vulnerability and steal from them. This is referred to as financial abuse or financial exploitation. Because this is a serious issue many aging individuals are faced with today, it is important that if you are considering allowing someone to manage your money, it is someone you can trust.

What are some preventative measures that can be taken to avoid theft in a nursing home?

Aside from financial abuse, nursing home residents also find themselves faced with other issues including having their valuable items taken from them should they choose to bring them when they transition from living in their own home and into a nursing home. Because we understand how important these items may be as they may not only hold value but also a place in your heart, it is important that you take preventative measures to avoid from becoming a victim of theft during your stay. Some preventative measures The Consumer Voice recommends you take include:

  • Mark all of your personal items, including watches, dentures, eyeglasses, and hearing aids, etc. so that everyone knows who they belong to.
  • Keep a written inventory checklist of clothing and other valuables, signed by you and a representative from the facility.
  • Provide your family members with a copy of the inventory checklist as well.
  • Take pictures of your valuable items.
  • Keep copies of all receipts for any items taken into the facility.
  • Place locks on clothing drawers and/or cabinets, where only you and an administrator have a key to open it.

What should I do if I am the victim of financial abuse?

If you or your aging relative has become the victim of financial abuse and you believe an Illinois nursing home employee is inflicting this abuse, you are encouraged to contact the Chicago, IL nursing home abuse lawyers at Dinizulu Law Group, Ltd. Our dedicated team of attorneys can investigate into the matter and gather all the necessary evidence that proves you or your loved one is, in fact, the victim of such abuse. We can then explain what options are available in terms of taking legal action and help you make an informed decision as to which may be the best for you to pursue.

To schedule a consultation to learn more about nursing home financial abuse and how we can serve as an advocate for you and your loved one, contact us today at (312) 384-1920.

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