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How Are Nursing Homes Different than Assisted Living Facilities?

December 2, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – Many people often mistake nursing homes with living assisted facilities; however, the two offer two different levels of care. Assisted living facilities often provide personal care in a home-like, social setting and is generally for people who need extra monitoring or help. On the other hand, nursing homes are for people who are seriously ill and require around the clock care and monitoring.

According to the law in Illinois, assisted living facilities are described as “a home, building, or residence, or any place where sleeping accommodations are provided for at least three unrelated adults, in which at least 80% are 55 years of age or older, where the following is provided: services based on a social media where the resident’s unit is their home, mandatory services such as meals and laundry, and a physical environment that is a homelike setting,” (77 ILCS 295.200).

Long-term care facilities, like a nursing home, have a much higher level of care than a senior living home and different requirements under the law. According to Illinois law, a long-term care facility is “a private home, institution, building, or residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill,” (210 ILCS 45/1-113).

Care and Services Provided in Senior Housing

Assisted living facilities are generally for people who need help with activities of daily living. Assisted living is a more independent level of living. Someone who suffers from memory loss and who isn’t safe living alone is someone who would live in assisted living.

By contrast, residents in nursing homes require around the clock care and monitoring. Residents in nursing homes offer suffer with more complex health care conditions that require additional assistance of a skilled nurse or a physical or speech therapist. Nursing homes legal purpose is to provide residents with intensive health care and nursing care to people who suffer from chronic conditions, like dementia or Alzheimer’s.

Regulatory Differences Between a Nursing Home and Assisted Living in Illinois

Nursing homes in Illinois are licensed, regulated, and inspected and/or certified by a number of public and private agencies, including the Illinois Department of Public Health (IDPH) and the U.S. Department of Health and Human Services Centers for Medicare and Medicaid (CMS). The IDPH is responsible for ensuring all nursing homes in the state comply with mandatory state regulations. IDPH also ensures facilities accept Medicare and Medicaid payment for services rendered to program beneficiaries meet all federal regulations.

Nursing homes are inspected at least once every six to 15 months, according to IDPH. Nursing home inspections, whether standard or in response to a complaint, are conducted without giving notice to the facility.

Assisted living facilities are often loosely regulated. Regulations are set by individual state laws, which is different in every state, and are not monitored by state or local governments. Assisted living facilities also do not receive Medicare or Medicaid funding. Illinois’ state regulation of assisted living facilities include is they must be licensed by the Division of Assisted Living.

Though there are some differences in nursing homes and assisted living facilities, there are many obvious differences. Before deciding where to place your loved one, make sure to research both facilities before determining which is a right fit.

October is Long-Term Care Residents’ Rights Month

October 20, 2020/in Blog/by Yao Dinizulu

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.

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

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

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.)

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

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

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

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

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.

CMS Clarifies Quality Reporting Rules After COVID Pause, Nursing Home Compare Frozen Until 2022

October 12, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – The federal government waived several reporting requirements for nursing homes during the COVID-19 pandemic. Although they have been reinstated, the temporary pause will continue to have ripple effects on public data for years to come.

The Centers for Medicare & Medicaid Service (CMS) released an updated tip sheet explaining how the agency’s including data on the Nursing Home Compare website.

In March, CMS announced that the fourth quarter 2019 data for the Skilled Nursing Facility Quality Reporting Program (QRP) and the Value-Based Purchasing Program (SNF VBP) would be optional. This does not require submissions for the first and second quarters of 2020. The agency positioned the move as an emergency measure to allow health care providers to focus on the early days of the COVID-19 pandemic.

CMS Administrator Seema Verma stated the exceptions and extensions that were grant allows for CMS to support clinicians fighting coronavirus on the front lines.

The waived expired on July 1 with quality and Minimum Data Set (MDS) reporting resuming as usual. However, because of how much of CMS’s public data lags the present by several quarters, the pause will have a long-lasting ripple impact on Nursing Home Compare.

The missing data for quarter one and two of 2020 will impact what is displayed on the Nursing Home Compare too; however, CMS claims they have developed a strategy to accommodate these quarters of data.

Enough providers were able to voluntarily report quarter four 2019 data to include that information in the October refresh, which will also unveil six new quality measures. These include:

Changes in skin integrity post-acute care: pressure ulcer/injury
Drug regiment review conducted with follow-up for identified issues
Application of IRF function outcome measure: change in self-care
Application of IRF functional outcome measure: change in mobility
Application of IRF functional outcome measure: discharge self-care score
Application of IRF functional outcome measure: discharge mobility score

October 2020 data will remain constant until public reporting resumes in January 2022, with the next normal Nursing Home Compare refresh which is scheduled for April 2022.

If CMS should change the methodology for calculating measures before January 2022, the agency will follow normal rulemaking procedures with notice and comment periods, according to Skilled Nursing News.

CMS acknowledged the resumption of data reporting requirements on July 1 may have created data mismatches. For example, a resident who does not have an admission record in the MDS because it occurred during the pause.

The agency stated they will make adjustments on their end to accommodate any records that may have missing admissions. The mismatched sets of records will not be counted or included in SNF data calculations for Nursing Home Compare.

Increased Nursing Home Data Reporting Could Bring ‘Perfect Storm’ of Federal Lawsuits

September 22, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – In March, the Department of Justice (DOJ) announced the creation of a specialized task force who would be investigating “grossly substandard care” in nursing homes across the United States with both criminal and civil penalties on the table for owners and operators. On March 3 when the DOJ made the announcement, approximately 30 facilities in nine states were under investigation.

The initiative became overshadowed by the COVID-19 pandemic; however, lawyers have emphasized that the initiative is one of several possible venues for government officials to enforce acts of abuse and neglect in nursing home facilities – actions that could be guided by the COVID-19 nursing home data that facilities are required to submit.

On top of the DOJ initiative, the Office of Inspector General (OIG) is reviewing multiple facets of nursing home operations that include the following according to Skilled Nursing News:

Medicaid nursing home life-safety and emergency preparedness reviews
Audits of nursing home compliance with COVID-19 reporting requirements
Why COVID-19 had the effect it did on the hardest hit facilities
Infection prevention and control programs in nursing homes
Nursing home oversight

According to Brian McGovern, a partner at Crowell & Moring mentioned this is “the perfect storm for a potential wave of lawsuits for targeting facilities with a record in infection control surveys.”

Whistleblowers can also bring lawsuits forward under the False Claims Act (FCA) and seek to recover damages afforded under the act. FCA cases relate to the conduct of private companies that work with Medicare, Medicaid, and other public health funding sources.

The future for FCA cases is that the DOJ has rarely based allegations of the FCA liability on quality of care since it’s a regulatory issue rather than a law enforcement issue.

Nursing Homes & Their Response to Residents with Dementia

September 2, 2020/in Blog/by Yao Dinizulu

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.

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.

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.”

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.

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.

Growing Difficulty with Simple Tasks

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

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.

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.

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.

How to Find a Quality Nursing Home During a Pandemic

June 11, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – The novel coronavirus is uprooting many areas of life for people across the world. For families that considering nursing home care for their loved one, it’s causing people to rethink such a move. Nursing homes have been the epicenter of coronavirus outbreaks, which certainly can lead to concern; however, this doesn’t mean you should stop looking into nursing homes.

While COVID-19 is certainly a risk factor that one should consider, families should also consider nursing home abuse and illness outbreaks happen daily in nursing home settings. No matter what the concerns are, there are some things that families can do to research and find a quality nursing home facility for their loved one – even during a pandemic.

Determine a Budget

One of the first steps while choosing a nursing home is determining what your family can afford. First, start by determining how much care your loved one needs. Does he or she require daily medical care and supervision? Does he or she need limited care, such as assistance with meals or medication reminders? These are things that will factor into the cost.

Determining the amount of care your loved one needs will help determine if you need assisted living or nursing home care. This will also help you narrow down your budget which will narrow down your field of choices.

Nursing homes can be more expensive because they require more specialized staff, nursing staff, and medical care. Nursing homes tend to have much stricter regulations, such as regulations for staffing, services, and food safety. On the other hand, assisted living facilities have less restricted regulations because there is less involvement in the daily needs of their residents.

Use Online Resources for Your Search

There are several legitimate online resources and tools you can use to help identify and review nursing homes you may be considering. If you are considering a facility that accepts Medicaid or Medicare, the best place to start your search is utilizing Medicare’s Nursing Home Compare tool. This tool is excellent to use because they have data on staffing, data on incidents, and can tell you the number of residents that have suffered from bedsores.

You can also find information through your state’s long-term care Ombudsman office. The Long-Term Care Ombudsman Program offers important information about nursing homes and assisted living facilities.

Visit the Facility

Before deciding on a nursing home, it’s important to visit the facility first. Don’t just settle for an informal meeting with the administrator – talk to the staff members who will potentially be caring for your loved one. Ask to meet with the nursing director and nursing assistants (CNAs). These are the people who will be interacting and caring for your loved one the most. It’s important to take note of what they’re saying and what their attitudes are like. Do they have a mean demeanor? Do they seem to enjoy their work? Do they seem tired or overwhelmed? Notice how they come across now and imagine how they will respond to your loved ones needs during a difficult shift.

Do More than a Guided Tour

Most nursing homes offer a guided tour of the facility and show where your loved one will be sleeping, the activity area, and the dining room. This is a great way to see an overview of the facility and what they have to offer, but this should not be the only way to assess the facility. When visiting, be mindful of a few things:

Residents – Do residents seem to be well-groomed? Do they seem to be happy? Are they actively moving around?
Food Service – Take note of what meals look like and how residents are reacting. Do they seem to enjoy it? Are residents complaining about the food quality?
Smells – Do you notice a smell or urine or strong cleaning products?
Sounds – Does it sound pleasant? Is there music playing? Do you hear upset residents that are crying or grumbling?

When visiting a nursing home, these are important factors to consider. If anything seems off to you, it’s likely a sign that this isn’t the best nursing home suited for your loved one.

Discuss Important Issues Before Signing Paperwork

Once you’ve narrowed down your list on possible nursing homes, it’s important to discuss certain issues before you sign any paperwork. It’s important to discuss your loved ones medical records since you can’t assume you will have access to their medical records once they are living at the facility. Ask the facility what they require to make sure you have all relevant medical information to help make medical decisions.

You should also discuss the plan for your loved one’s care. Ask the nursing home facility how they establish a care plan for residents. Most facilities will have a meeting with nursing staff to discuss the resident’s needs where families should be present.

Do You Have Concerns about Your Loved Ones Care in a Nursing Home?

If you have questions or concerns about the care your loved one is receiving in a nursing home, contact the attorneys at the Dinizulu Law Group. We help families understand their legal rights and options to ensure their loved ones are safe. To request a free consultation, please call (312) 384-1920 or visit our website for more information.

Ahmaud Arbery: Witness Says Before Shooting the McMichaels Hit Him with Their Car

June 5, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – The three white men who are accused of killing Ahmaud Arbery faced a Glynn County judge Thursday morning for their preliminary and bond hearings. Arbery, an unarmed black man, was being pursued by Travis and Gregory McMichael, two white man, when he was gunned down while jogging on February 23 near Brunswick, Georgia.

A 28-second cell phone video of Arbery being shot and killed flooded social media platforms months later and the public called for the McMichaels to be arrested. On May 5, officials with the Georgia Bureau of Investigations secured search warrants to arrest the McMichaels on murder and aggravated assault charges. On May 21, the man who filmed the killing, William “Roddie” Bryan, was arrested on felony murder charges.

The three men engaged in an elaborate chase, hitting the 25-year-old jogger with a truck as he tried to escape them. Richard Dial, GBI Assistant Special Agent in Charge, was asked whether he believed McMichael could’ve been acting in self-defense, he said it was Arbery who was defending himself.

“I believe Mr. Arbery was being pursued, and he ran until he couldn’t run anymore, and it was he turned his back to a man with a shotgun or fight with his bare hands against the man with the shotgun. He chose to fight,” Dial said according to CNN. “I believe Mr. Arbery’s decision was to just try to get away, and when he felt like he could not escape he chose to fight.”

As Travis and Gregory McMichael attempted to head him off, Arbery then turned and ran past the truck of Bryan who struck Arbery with the side of his truck. Investigators found a swipe from a palm print on the rear door of Bryan’s truck, cotton fibers near the truck bed that are attributed to contact with Arbery, and a dent below the fibers.

Arbery’s last moments emerged amid a week of nationwide protests over another killing – of George Floyd by police in Minneapolis – and demonstrators have called for justice in Arbery’s case.

Dial also testified that there were numerous times on social media that McMichael used the same slur words to describe people of color. Dial did not say which McMichael he was referring to and was not asked to clarify.

The Justice Department has launched a hate crime investigation in this case. With tensions already running high in Brunswick and the rest of the country, Georgia Governor Brian Kemp said the state will do “whatever is necessary to keep the peace.”

Effects of Understaffing in Nursing Homes

May 19, 2020/in Blog/by Yao Dinizulu

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?

May 12, 2020/in Blog/by Yao Dinizulu

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.

How to Report Nursing Home Abuse or Neglect in Illinois

April 21, 2020/in Blog/by Yao Dinizulu

Nursing homes abuse is an all-too-common problem across the nation that leaves elders vulnerable, injured, and emotionally scarred. Studies have shown that most perpetrators are the caregiver or a family member. Incidents of abuse can usually stem from poorly trained staff members who violently lash out on residents or fail horribly to meet their needs. Fortunately, families have many options to report nursing home abuse or negligence.

Families can report suspected abuse, neglect, or exploitation by contacting:

Local police or law enforcement
Nursing home administrators
Medical expert, such as doctors or nurses
Long-term care Ombudsman
Senior HelpLine
Illinois Department of Public Health
Healthcare and Family Services for Supportive Living Facility Complaints
Illinois State Police Medicaid Fraud Unit

If you suspect abuse, it’s important to contact someone right away rather than letting a loved one stay in a possible abusive situation. Nursing home abuse often goes unreported due to fear, embarrassment, or because a resident is unable to communicate how they feel. Unfortunately, nursing home administrative staff are not always responsive to complaints. Some administrators may not want to report cases of abuse or neglect to the authorities out of fear that their nursing home will undergo a costly investigation. If you suspect that someone is in immediate danger, call 911 immediately – don’t wait until a tragedy occurs.

Long-term care Ombudsman are advocates for nursing home residents who are trained to assist people with concerns about the long-term care system, in which they work with various professionals to resolve complaints. Their primary goal is to improve the overall quality of care for the elderly.

An ombudsperson handles a variety of concerns, including:

Abuse or neglect
Lack of respect for residents
Poor quality of care
Improper discharge or transfer

You can assume that an elder individual has been abused if there are sudden changes in their behavior and personality, or tension between the elder and their caregiver. If you suspect abuse, look for additional signs of abuse and take pictures to document for reference.

According to the Nursing Home Abuse Center, signs and symptoms of abuse can include:

Physical abuse
- Unexplained broken bones, dislocations, or sprains
- Bruising, scars or welts
- Failure of proper medication
- Signs of restraint, i.e. rope marks on an elder’s wrist
- Broken glasses
- Caregiver refusing others to be alone with the elderly person
Emotional abuse
- Unusual behavior in the elderly person that could resemble symptoms of dementia, including mumbling, rocking back and forth, or sucking one’s thumb
- Belittling, controlling, or threatening behavior of the caregiver
Financial exploitation
- Change in the elderly person’s financial situation
- Unexplained withdrawals from the elderly person’s bank accounts
- Changes in power of attorney, life insurance policies, property titles or wills
- ATM withdrawals, especially when a senior is bedridden, and they couldn’t have done it themselves
- Lack of medical care in spite of having money to afford it
- Adding names to accounts or signatures to the elder’s credit cards
Neglect
- Unsafe living conditions, such as lack of heat or lack of running water
- Not bathing the person
- Soiled bed clothing, dirty clothes, bugs or dirty conditions
- Presence of bedsores from not turning the patient regularly
- Unusual weight loss or dehydration
- Leaving the elderly person alone in a public location
Sexual abuse
- Stained, bloody, or torn underwear
- Bruising near genitals or other unexplained infections
- Unrelated genital bleeding to a medical condition
Healthcare Fraud
- Lack of adequate training to the staff
- Insufficient amount of staff to care for the elder
- Evidence of poor care
- Evidence of getting too little or too much medication
- Duplicate bills for the same services or devices

Victims of nursing home abuse or neglect should not be left to defend themselves – they need the support and help of staff, caregivers, family members, doctors, and other residents to report abuse to the authorities. If you or a loved one has experienced abuse or neglect at the hands of a caregiver, you will need an experienced nursing home neglect and abuse attorney. Our team has proven success in nursing home cases and will use our extensive legal experience to help you navigate the process and to get you full and fair compensation for you or your loved one’s injuries. To receive a free consultation, please call (312) 384-1920 or visit our website.