Nursing home abuse

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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.

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.

Why Do Nursing Homes Drug Dementia Patients Without Their Consent?

May 5, 2020/in Blog/by Yao Dinizulu

The Human Rights Watch estimates nearly 179,000 people in nursing homes are administered antipsychotic drugs every week without having a diagnosis for which the drug is approved. The use of antipsychotic drugs as chemical restraints has a long, disturbing history in nursing homes. Many times, staff members use antipsychotics to convenience or “discipline” a resident.

Manufacturers have faced many civil and criminal penalties in the last decade for the misbranding of the medication to promote the drug as appropriate to treat older people suffering from dementia. The Food and Drug Administration (FDA) has required manufacturers to place a “black box warning” on the packaging, advising against the medicine and the side effects it may have on an individual. Antipsychotics being administered to someone with dementia almost doubles the risk of death for them and have never been approved as safe or effective. Despite the warning, nursing homes still administer antipsychotic drugs, sometimes without informed consent first, which is a violation of federal regulation and a person’s human rights.

Antipsychotics are powerful drugs developed to treat schizophrenia; however, nursing home staff often administer them to those with dementia for the sedative effects. Government regulations prohibits the use of drugs as chemical restraints or without informed consent.

Antipsychotics are misused for a variety of reasons, including the misperception by nursing homes that medications may help those with dementia, lack of awareness of the danger of the drug, lack of training in dementia care, and possibly the most significant, to compensate for understaffing. Kaiser Health News found that nursing homes have been exaggerating levels of nursing and caretaking staff for years, according to The Washington Post.

In most cases, antipsychotic drugs are administered in a harmful way without the appropriate consent. Nursing home residents and family members have reported the resident was given the medication without their knowledge, awareness of risks or dangers, or any objections of their own. Staff members have admitted they we not aware of an informed-consent policy, rather they gave it to the resident out of their own convenience. Nursing staff, pharmacists, and medical directors commonly prescribed medication to residents without even seeing them.

Antipsychotic drugs are a favorite among psychotropic medications in nursing home facilities because dementia is associated with aggression, anxiety, agitation, delusions, disinhibition, irritability, and wandering. Federal regulations say residents have a right to be informed of their treatment, or their right to refuse treatment; however, nursing homes ignore these rules, partly because they are rarely held accountable.

An 81-year-old man in Texas spoke out about his experience being over medicated, saying, “too many times I’m given too many pills. I can’t even talk. I have a thick tongue when they do that. I ask them not to give me the antipsychotic drugs. When I say that, they threaten to remove me from the home. They get me so I can’t think.”

The Human Rights Watch found 97 percent of citations for violations at nursing homes were related to antipsychotic drugs from 2014 to 2017. In almost no cases, the government did not impose financial penalties, leading to the likelihood of it occurring again. Nursing homes are mostly a for-profit industry, controlling most aspects of their residents’ lives.

If you or a loved one is injured due to a medication error you believe was unnecessary or wrongfully given, reach out to one of our experienced nursing home abuse attorneys. We have helped thousands of wronged victims get the justice and compensation they deserve. With over 50 years of combined experience, our verdicts and settlements have helped clients have a peace of mind and security. Please call the Dinizulu Law Group at (312) 384-1920 to schedule a free consultation or visit our website for more information.

DLG Has Taken Action to Continue Serving Clients & Welcoming New Staff

April 28, 2020/in Blog/by Yao Dinizulu

During this unprecedented time and dynamic nature of COVID-19, the Dinizulu Law Group would like to let our clients, colleagues, and friends know what steps we have taken to ensure we remain available to you during this uncertain time. It is our goal to continue to serve clients’ needs, while at the same protecting our employees. We have taken precautionary measures and will be working remotely with a plan in place to serve our clients in the weeks to come.

As we monitor and follow the recommendations by the U.S. Centers for Disease Control and Prevention (CDC), World Health Organization (WHO), and state authorities, we are continuing our operations remotely. Luckily, we have all of the technology we need to serve clients and are ensuring we do so successfully. You are still able to call or email your attorney as you normally would with any questions or concerns.

To shed some light on a dark time, we have recently decided to expand our firm and would like to welcome Brian Orozco and Layinka Bell to the Dinizulu Law Group staff.

Brian will serve as an associate attorney focusing on litigating. Brian is a California native who graduated with a B.A. from the University of San Diego (2008), prior to earning his J.D. from DePaul University (2012). Brian’s true passion lies in ensuring the safety and dignity of the less vulnerable in our community. Brian is dedicated to representing injured individuals in wrongful death, police brutality, nursing home abuse, and other serious injury cases. Brian previously worked at a plaintiff’s civil rights firm where he litigated excessive force, police shootings, and wrongful death caused by police departments, jails, and prison, in both federal and state court. Brian is fluent in Spanish and we look forward to expanding our clientele.

Layinka joins our firm as a paralegal and project management, advocating for Chicago communities of color that are historically underserved and unrepresented. Layinka was born and raised in Chicago and received her degree from DePaul University in Multi-Minority Social Justice and her Master’s from DePaul in Jurisprudence. Layinka brings twenty-six years of experience as a senior trial and litigation paralegal specializing in project management and organization of law firms. She began her legal career managing and monitoring tort claims for a general counsel of a large Chicago based corporation before transitioning into various large and small firms where she focused on trial management and readiness.

Our team is dedicated in a precedented way to ensure that client services are still offered during the COVID-19 crisis. As we learn more, we will let you know when we resume to normal operations. Courts in Illinois have been postponed until further notice. This may slow down the progression of some cases, but we are working diligently working on cases so they are ready to go when the deadline resumes. We are still in contact with defense attorneys and insurance companies to resolve your case. If you have any questions and need to contact us, please do not hesitate to contact us. We thank you for your trust and patience during this time. Most importantly, be safe and stay healthy!

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.

Awareness of Elder Abuse Increases While One Form is Often Overlooked

April 7, 2020/in Blog/by Yao Dinizulu

In recent decades, the media has exposed a crime that is often overlooked – abuse against the elderly. Often times the violation comes from a caregiver or a relative. Extensive research has shown adults 65 and older will often experience violence or neglect that was brought on by a caregiver or family member. Experts have recently been studying patients that suffer from dementia or Alzheimer’s disease; however, there is one form of abuse that is often overlooked.

Resident-to-Resident Harassment
Resident-to-resident mistreatment (R-REM) is the “negative and aggressive physical, sexual, or verbal interactions between long-term care residents that (as in a community setting) would like be construed as unwelcome and have high potential to cause physical or psychological distress in the recipient,” according to the National Long-Term Care Ombudsman Resource Center (LTCOP) Reference Guide.

Nearly 20% of nursing home residents experience a negative or aggressive encounter with another patent in just a four-week period. Encounters include:

Verbal abuse
Physical abuse
Invasion of privacy
Inappropriate sexual behavior

Types of Abuse
According to research by the National Consumer Voice, there are many forms of R-REM that include the following:

Verbal abuse
- Cursing
- Screaming
- Verbally threatening
- Controlling
- Racial or ethnic slurs
Physical abuse
- Hitting
- Kicking
- Grabbing
- Pushing
- Biting
- Scratching
- Spitting
Sexual abuse
- Unwelcome verbal sexual advances
- Exposing self or inappropriate body parts
- Touching/kissing/trying to get in another resident’s bed

These are the most common forms; however, other forms include throwing items, destroying others property, threatening gestures, wandering, or rummaging.

Case Studies Show Staff Negligence of Issue
In one case study, a researcher found over a one-year period 294 cases of resident-to-resident abuse. Common injuries included lacerations, bruises, and fractures. Nurse aides reported extensive verbal, physical, material, psychological and sexual abuses, with the most common being verbal and physical.

Victims of R-REM are more likely to be male, with cognitive impairment, moderate functional dependency and behavioral disturbances. Perpetrators are normally individuals who have suffered with alcoholism, psychiatric illness and substance abuse.

Research has also shown that the actions of staff members may cause aggressive tendencies by resident. Another study found that a crowded environment was correlated with violent episodes. For example, in a nursing home setting where older people who may have lived alone for years are exposed interactions with residents and staff in crowded spaces. Any hostile or aggressive environment puts victims at an increased risk of being abused.

Consequences of Resident-to-Resident Mistreatment
There can be minor or severe consequences to R-REM such as a victim falling, fracturing a bone(s), lacerations, and/or abrasions. Victims also experience a decreased quality of life, depression and anxiety.

The SEARCH approach to managing R-REM. The SEARCH approach (Support, Evaluate, Act, Report, Care plan & Help to avoid) provides the guidelines for nurses and care staff on how to prevent R-REM in long-term care settings. According to research, the steps include:

Support	Support the injured resident until help arrives Listen to all involved residents’ perspectives on the situation or any witnesses Validate residents’ fears and frustrations
Evaluate	Evaluate what actions are needed Evaluate and support all residents involved in, or who have witnessed an act of abuse Monitor residents’ behavior
Act	Seek medical treatment when indicated Try to stop the incident verbally before interfering Call for other staff or security to help Separate residents who do not get along In the case of missing personal items, assure the resident that a room-by-room inspection will be conducted promptly Follow-up with involved residents Acknowledge resident’s concerns
Report	Initiate an investigation of serious incidents when warranted Contact families, if appropriate Notify a supervisor or administrator Document the incident Initiate facility protocol and procedure for reporting RREM
Care Plan	Plan for the victim and the initiator Talk with the care team about the best ways of intervening and avoiding RREM Document all threatening behaviors Monitor residents to potentially avoid future incidents
Help to Avoid	Have adequate staff Avoid crowding people and equipment into small spaces Reinforce resident’s safety is a nursing homes priority Educate residents about dementia-specific behaviors Take inventories of personal belongings Recognize risk factors or RREM

Filing a Lawsuit
While resident-to-resident mistreatment is often overlooked, it is still a form of abuse that needs to be reported immediately. To prove negligence or abuse has happened to a resident, 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.

Neglected Nursing Home Residents Often Develop Bed Sores

April 3, 2020/in Blog/by Yao Dinizulu

Most residents in nursing facilities can’t move around on their own. They may be confined to their bed or a wheelchair, and it can be difficult for them to shift their weight of their body. When a body part is experiences persistent pressure, bed sores can develop. Staff members must take extra precaution to prevent the development of bed sores, such as flipping the resident over.

What are bedsores?

According to John Hopkins, bedsores can form when a person is, “bedridden or otherwise immobile, unconscious, or unable to sense pain.” Bedsores happen on areas of the skin that are under pressure from lying in bed or wheelchair for an extended period of time.

If an immobile or bedridden resident is not turned or positioned properly, given proper nutrition and skin care, bedsores can develop into one of four stages.

What causes bedsores?
Bedsores develop when blood supply to a person’s skin is cut off for more than 2 to 3 hours. Depending on the severity of the bed sore, the person’s physical condition and depending on if they have any underlying diseases, bedsores can take days, months, or years to heal.

What are the symptoms of bedsores?
Bedsores have 4 stages, ranging from least severe to most severe:

Stage 1. The area is red and warm to touch. On darker skin, the area may have a blue or purple tint. During this stage, a person may complain that it hurts, itches, or burns.
Stage 2. The area begins to look more damaged and have an open sore, scrape or blister.
Stage 3. The area has a crater-like appearance because of the damage below the skin’s surface.
Stage 4. The area is severely damaged, and a large wound is present. Infection is a significant risk at this stage.

How are bedsores diagnosed?
A healthcare provider or physician can diagnose bedsores by inspecting the person’s skin. According to their appearance is what stage the person is at.

How do you treat bedsores?
A healthcare provider will discuss specific treatment options based on the severity of the person’s condition. Healthcare professionals are supposed to monitor the bedsore closely and document the size, depth, and response to treatment. Treatment can include:

Keeping the wound clean
Ensuring good nutrition
Removing pressure on the affected area
Protecting the wound with gauze
Medication, such as antibiotics

How can bedsores be prevented?
By examining the skin closely and looking for areas of redness, aparticularly in bony areas. Other methods include:

Turning and repositioning a resident every 2 hours
Sitting up-right in a wheelchair, repositioning roughly every 15 minutes
Provide good skin care
Provide good nutrition

What to do if I’ve found bed sores on myself or a loved one?
To prove negligence or abuse has happened to a resident, 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 get a free consultation, please call (312) 384-1920 or contact us via our website at www.dinizululawgroup.com.

Illinois Nursing Home Abuse & How to Report

March 26, 2020/in Blog/by Yao Dinizulu

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

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

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

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

What is elder abuse?

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

IDHS states abuse and neglect includes any of the following:

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

What makes an older adult vulnerable to abuse?

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

Most common types of abuse:

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

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

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

What to do if you suspect abuse:

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

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

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

How to report nursing home abuse:

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

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

To confidentially report abuse:

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

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

File a Lawsuit

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

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

Coronavirus Outbreak in Illinois Nursing Home Facility

March 24, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – Officials of the Illinois Department of Public Health (IDPH) have reported at least 46 people, including residents and staff members, have tested positive for coronavirus at a DuPage county nursing home. This outbreak is the first in a long-term care facility in Illinois. Chicago’s WGN9 reported the first confirmed test of a Willowbrook resident by state health officials.

Within a matter of days, the virus spread to other members at Chateau Nursing and Rehabilitation Center of Willowbrook, a southwestern suburb of Chicago. Forty-six people, thirty-three residents and 13 staff members – have all tested positive for the virus. Other residents are now isolated in another area of the facility as officials expect additional positive tests to come back within the near future.

Mayor Frank Trilla, said, “this could have happened anywhere.”

There haven’t been any unusual incidents at this nursing home before the outbreak, though the mayor noted that nursing homes are regulated by the state and not local government.

Centers for Medicare & Medicaid Services (CMS) established a new set of rules for nursing home facilities beginning on March 13. The critical new measures were designed to reduce the spread of COVID-19. The new set of rules directs facilities to to significantly restrict visitors and nonessential personnel, as well as restrict communal activities inside nursing homes, with exceptions for compassionate care, such as an end-of-life situation. All group activities and communal dining are canceled and be implementing active screening of residents and health care personnel for fever and respiratory symptoms. The only exception is for certain care situations, such as end-of-life situations. The new measures are CMS’s latest action to protect America’s seniors, who are especially vulnerable to contracting COVID-19.

The First Outbreak at a Nursing Home Facility

According to the CDC, seniors with multiple health conditions are at the highest risk for complications. There have been reports of large numbers of cases spreading rapidly through nursing homes, such as the Life Care Center in Kirkland, Washington. The New York Times reported two thirds of residents, 55 employees, and 14 visitors have tested positive for COVID-19. Thirty five people have died, claiming 12 percent of staff and residents lives. These death totals make up nearly half of the coronavirus death toll in Washington. These numbers are expected to increase as tests become more available.

The Life Care Center stated, “Current residents and associates are being monitored closely, specifically for an elevated temperature, cough and/or shortness of breath.”

It’s not clear how the virus reached the facility; however, according to the New York Times the first reported case of coronavirus in the United States was from a man in nearby Snohomish County.

Officials of the Life Care Center, which operates more than 200 facilities in 28 states, are monitoring residents and workers closely.

The Outbreak Continues to Spread

Other than the outbreak in Kirkland, at least 15 others have died and dozens more have been infected at long-term care facilities across the nation. Major outbreaks include Willowbrook, Illinois with 46 infections, four deaths in at least two facilities in New Jersey, 13 infected in Little Rock Arkansas, and 11 infected in Troy, Ohio, with at least 30 more showing symptoms.

“Nursing homes would always have been ground zero, but given we already have a huge staff shortage, this will be magnified,” said, David Grabowski, a Harvard Medical School professor who has studied staffing storages in nursing homes. “It could be worse for today’s nursing home facilities than ever.”

The spread of COVID-19 in a nursing home can amplify when patients are transferred and when staff and visitors come and go. The CDC has said visitors and healthcare personnel are the most likely sources of introduction into long-term care facilities. In a recent report by CDC, the agency went on to say, “Limitations in effective infection control and prevention and staff members working in multiple facilities,” can contribute to an outbreak.

How to Keep Residents Safe

The CDC has made additional recommendations for nursing homes as they work to keep residents safe, including:

Nursing homes should put alcohol-based hand sanitizer with 60-95 percent alcohol in every resident room – both inside and outside the room if possible – and in every common area
Sinks should be well-stocked with soap and paper towels for hand washing
Tissues and facemasks must be available for people who are coughing
Hospital grade disinfectants must be available to allow for frequent cleaning of high-touch surfaces and shared resident equipment

More information on a full list of CDC’s guidance for nursing homes safety can be found here.

Counties in Illinois with Confirmed COVID-19 Cases:

Adams
Christian
Champaign
Clinton
Cook
Cumberland
DeKalb
DuPage
Kane
Kankakee
Kendall
Lake
LaSalle
Madison
McHenry
McLean
Peoria
Sangamon
St. Clair
Washington
Whiteside
Will
Williamson
Winnebago
Woodford

Any nursing home with residents suspected of having COVID-19 should contact their local health department immediately. To remain updated on long-term care and nursing home updates, please visit the CMS website.

Negligence Related to Coronavirus

If a loved one has sustained a serious infectious disease complication or missed a medical treatment provided by a nursing home or the understaffing in facility, we can help you. Please reach out to Dinizulu Law Group, a Chicago-based law firm with extensive experience in nursing home negligence. For a free consultation, please call (312) 384-1920.