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Illinois lawmakers seek hearings after failure to investigate nursing home complaints

September 15, 2020/in Blog/by Yao Dinizulu

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.

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.

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.