Chicago Nursing Home Abuse Attorney Explains the Signs and What to Do

Illinois nursing home negligence lawyers say the use of psychotropic drugs continues to be a crisis unfolding. It can be an extremely serious situation, and should be taken very seriously by family members who are concerned. You should always be on the lookout for signs of adverse reactions in patients that are being improperly medicated, which can include: falls, delirium, depression and/or urinary incontinence.

If you believe a loved one is suffering from a dangerous use of psychotropic drugs, our Chicago nursing home abuse attorney recommends you (as a loved one’s legal power of attorney) do the following:

1. Verify that a copy of your legal authority (Power of Attorney and/or Healthcare Power of Attorney) is present in your loved one’s chart. Ask to see it.
2. Understand that you have a legal right to view your loved one’s chart upon request. Ask to review the chart on a regular basis. You should be looking for any changes to medications (new medications and/or dosage changes of previously prescribed meds), as well as changes to diet, exercise, assistance needed, etc …things that might indicate that a new assessment should be done and changes to the care plan initiated.
3. Find out which pharmacy fill prescriptions on behalf of your loved one, and visit them. Provide the pharmacy with a copy of your power of attorney and ask for a printout of your loved one’s prescribed medication, including the dosage instructions. If the dosage levels are different from those on his medical record, ask for an explanation and documentation of a change ordered by the physician.
4. If you sense that a sudden and/or significant change of consciousness has occurred and do not feel that the explanation offered by supervisors or other nursing home staff are adequate, call 911 and have your loved one transferred to an emergency room for evaluation by an independent physician. Request a toxicology screen be taken immediately so that the level of medication in the blood stream can be determined.
5. Ask to review the medication list provided to the emergency room at the time of transfer. Often it will include medication that was not listed in the administration record shown to you. Also, ask the emergency room to provide you with a copy of the transfer documentation packet, which is legally required for all transfers of care – always get a copy of all the information provided.

Inappropriate administration of psychotropic drugs is highly dangerous and can be life-threatening if not managed properly. If you suspect that your loved one in a nursing home is receiving drugs without your consent, consult a Chicago nursing home abuse attorney immediately if you live in Illinois. Nursing home negligence lawyers may be your only guarantee that a thorough examination of the medical record can be obtained.

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Residents of nursing homes are often given antidepressant or psychotropic drugs without the knowledge of their family. Even when a family member has power of attorney, staff may be reluctant to stop these medications when requested.

Chicago nursing home abuse attorneys say this is absolutely not acceptable.

If a patient is unable to understand the risk of a medication or treatment and therefore, cannot give his informed consent, then whomever has power of attorney has the duty to give consent (or not) for use of psychotropic drugs (which are classified as any drug capable of affecting the mind, emotions, and behavior).

According to Illinois nursing home negligence lawyers in our state, psychotropic medication cannot be prescribed without the informed consent of the patient, the resident’s guardian, or other authorized representative. However, the practice of administration based solely upon a physician’s order without patient or guardian consent is sadly, common. Many guardians may be contacted regarding other needs, yet be unaware when new medications are prescribed. Worse yet, staff in some facilities are hesitant to be forthright when asked directly and specifically about the administration of a psychotropic drug, as family members typically have concerns … for very good reasons.

According to a 1997 study by the Federal Dept. of Health and Human Services (OEI-06-96-00081), 15% of consulted pharmacists reported physicians prescribing inappropriate antidepressants to residents of skilled nursing facilities. Many times, this is the result of a direct request by nursing staff and without a proper evaluation by the physician. According to the report, “One-third say antidepressants are sometimes prescribed without an appropriate diagnosis and that few or no physicians ensure their maintenance at appropriate levels.”

Chicago nursing home abuse attorneys who represent victims of Illinois nursing home neglect find over-medicating is all too common. Many nursing homes fall short of the legally required documentation of medication administration, and an alarming number of facilities operate without clearly enforced documentation policies. It’s often one of the common items noted as a violation during annual inspections.

If you believe a loved one was given an antidepressant or psychotropic drug without proper evaluation, documentation or informed consent, contact an Illinois nursing home negligence lawyer today.

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ILLINOIS NURSING HOME NEGLIGENCE LAWYERS Help Family Members Ensure Quality Care For Loved Ones

In the previous post, our Chicago nursing home abuse attorney has explained the importance of recognizing declining health, and the actions you should take to help improve the situation. Here are a few more tips.

If your loved one in a nursing home has not already assigned you or another family member as healthcare power of attorney, now is the time to get it done. The facility should have forms readily available, but if not, try searching for a free Healthcare POA form online to download and print. Should your loved one reach a state in which she can no longer speak for herself or make her own medical decisions, you will need such a document to speak on her behalf and obtain medical records. Even if she is in perfect condition to act on her own behalf at this moment, remember, health and welfare can decline at any time. Many times it is unexpected, and achingly swift.

Finally, the best thing a family member can do to ensure adequate and timely care is given to their loved one is to become informed as to what specific services are planned by facility staff in the course of daily care, and to become involved and ENGAGED in the process.

To review the points described by our Illinois nursing home neglect attorney in the previous posts: when a resident’s mental or physical status changes, a new care plan assessment must occur as a means of addressing those changes proactively. New goals and service requirements MUST be enacted in a timely and beneficial manner. A care plan assessment is a document of accountability, and perhaps your most important tool at present, as well as in the future.

For a more detailed outline of what you can, and should expect from a care plan assessment, contact a Chicago Nursing Home Abuse Attorney who specializes in these types of cases in Illinois. Nursing home neglect and abuse can often be prevented by proper education and involvement on the part of families — which is why dedicated Illinois nursing home negligence lawyers choose to become so actively involved.

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Chicago Nursing Home Abuse Attorney Details Steps You Should Take

As we learned from our Illinois nursing home negligence lawyer in the last post, a resident may experience a decline in physical or mental health after being placed in a nursing home.  When signs of deterioration occur, action must be taken. State laws such as the Nursing Home Care Act mandates facilities to take action that meets the specific needs of a resident, whatever those needs might be.

By law, whenever there is a change or decline in a resident’s mental or physical state, a new care plan assessment is required to be completed. A care plan is a physical document with three parts that remains effective in a resident’s chart at all times. The three-part document includes: a) the needs and physical/mental status of the resident; b) the goals of the care plan; and c) specific actions that will be taken to fulfill those goals.

Perhaps most importantly (though less known to residents and family members), facilities are required to not only inform a resident that an initial comprehensive, or new care plan assessment is being arranged, but they must also invite both the resident and their family to be present at all planned care assessment meetings and to participate fully.

Illinois nursing home neglect attorneys recommend family members request that a new care plan assessment be completed, including all department supervisors, and request notification of the date and time of the meeting so that you can attend. By attending care plan assessment meetings, you will have the opportunity to discuss your concerns and personal observations, and should receive specific details about how your loved one’s care plan will be changed to address your concerns. You should present those in attendance with a written list of your concerns and observations, and ask that you receive a copy of the new care plan that will be kept within her medical record.

Stay tuned for more advice from our Chicago nursing home abuse attorney on preventing Illinois nursing home neglect, and find out how to ensure proper care for your loved one.

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Recognizing the Signs

Family members often notice a decline in the health of their loved ones after becoming residents of a nursing home. There are many factors that can contribute to this decline, some of which are preventable.

According to Illinois nursing home negligence lawyers who specialize in Illinois nursing home neglect cases, there are times when a resident simply fails to accept placement into a skilled nursing facility. They can feel abandoned; it’s not the home they know and feel safe in. Due to the change in routine and imposed scheduling that often occurs, residents can feel a lack of personal control which can result in depression, lack of appetite, or other decline in general health.

There can also be an underlying health condition leading to a deterioration of health. Certain medications can influence both physical and emotional well-being. Our Chicago nursing home abuse attorney reveals that many times family members are not made aware of all medications being given, or that some may have depressive side-effects (but are prescribed for “anti-anxiety”).

If you have recently become aware of symptoms of declining health in your loved one, there are actions you must take immediately. While some changes and the resulting effects upon a new nursing home resident are understandable, allowing diminishing health to continue without some type of intervention is inexcusable.

In the next post, our Illinois nursing home negligence lawyer will outline some of the steps family members should take to ensure their loved one is receiving proper care.

If you have questions about Illinois nursing home neglect or abuse and you live in or around Chicago, nursing home negligence attorneys can help.

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Finally, some good news for those searching for quality nursing home care.

On Wednesday, the Bush administration announced a new rating system for nursing homes will go into effect by the end of the year. The new system is designed to give consumers another tool to use when searching for a quality facility, and ratings will be posted on a government website.

The hope is that homes with lower ratings will be motivated to make improvements. With Illinois nursing home neglect and abuse on the rise, any improvement to the system will have an enormous impact on elderly residents.

The Centers for Medicare and Medicaid says they will seek input from the nursing home industry and consumers when determining criteria for the rankings.

If you suspect Illinois nursing home neglect or abuse at any facility, contact an Illinois nursing home negligence lawyer immediately. In and around Chicago, nursing home abuse attorneys are passionate about improving the quality of care for aging citizens who many times remain helpless to the abuse.

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While we often hear of Illinois nursing home neglect or abuse on the part of the staff, at times abuse can occur at the hands of a fellow resident. What can be done? Today’s “Ask the Attorney” question for our Chicago nursing home abuse attorney feature deals with just this situation.

Question: “My sister is in a nursing home and tells me her roommate keeps hitting her, and she is frightened. What can I do?”

Chicago nursing home abuse attorney: “Unfortunately, this situation is far more common in nursing homes than the public is aware of. Many Illinois nursing home negligence lawyers have handled cases with this exact same scenario. What we know is that when residents who have a pattern of abuse toward others are admitted to the facility, the facility has violated the Illinois Nursing Home Act in regard to doing a proper assessment and making sure the residents they do accept do not have a history of abuse.

Again, under the Illinois Nursing Home Act, facilities have a duty to make sure all residents they care for are safe at all times. Now, in your sister’s situation, you want to make sure (by talking to the director of nursing) that the facts she has told you are truly ongoing. If they are, ask that she be relocated to another part of the facility, or that her roommate be relocated.

Resident-on-resident abuse should never occur, and when it does, the skilled nursing facility should immediately step in, monitor and address the situation. They should have the resident who is committing the abuse assessed by a proper psychologist, or, quite frankly, they should have that resident involuntarily discharged from the facility because she is actively causing harm to other residents.

Definitely speak to the director of nursing, or the administrator, and get to the bottom of the issue as quickly as possible. If you have further concerns or questions, you should contact a Chicago nursing home abuse attorney if you live in Illinois. Nursing home negligence lawyers can help you ensure your loved one is receiving the respectful care he or she deserves.”

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Today’s question for our Chicago nursing home abuse attorney comes from a reader in Illinois.

Question: “My mom just entered nursing home after suffering a stroke. She’s having trouble eating. Whom should I talk to about this?”

Illinois nursing home negligence lawyer: “Depending on when your mother was admitted to the nursing home, you should keep in mind that the facility has 14 days to do a complete assessment of her nursing requirements as well as her physical, occupational and speech language requirements. Make sure you talk to the director of nursing; ask him or her to sit down with you and go over the physician’s orders. Make sure there is actually is a physician’s order from your mom’s primary doctor for speech language evaluation. She may be having difficulty swallowing – directly related to her stroke – and a speech pathologist would be the best person to help her needs in that area, as well as help the facilities with proper feeding techniques.

When a resident of a nursing home has suffered a stroke, it’s very important for the facility to address that resident’s dietary needs, as well as proper positioning for feeding the resident, in addition to helping the resident learn how to eat, swallow, and drink again. Most importantly, they should ensure the patient is not at risk for any aspiration that could cause pneumonia.

Again, it is vital you speak with the director of nursing, and go over the physician’s notes. Ask to speak with the speech pathologist to find out if that person has in fact done an assessment, and what the future care plan entails as far as caring for your mother.”

In Illinois, nursing home negligence lawyers are working hard to prevent future Illinois nursing home neglect or abuse by helping to educate families on residents’ rights. If you believe your rights have been violated, contact a Chicago nursing home abuse attorney as soon as possible.

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At times, the idea of intentional Illinois nursing home neglect or abuse can seem unfathomable. No one wants to believe that licensed staff at a skilled nursing facility could knowingly injure or abuse the elderly. But it happens all the time.

Illinois nursing home negligence lawyers point out that while sometimes the signs of abuse are obvious, many times they are not. But even subtle forms of neglect can be devastating.

In this week’s “Ask the Attorney” feature, our reader describes a common situation.

Question: “My dad is in a nursing home, and is capable of using the bathroom by himself. But he says the nursing home makes him wear a diaper at night. What should I do?”

Chicago nursing home abuse attorney: “This is an excellent question. You should check with the Director of Nursing at the facility, as well as your dad’s attending physician for more information about how your father should be properly assessed, and protocols for treating what the nursing home may be stating as incontinence.

“Your father might simply be going through some issues in the evening that he doesn’t go through in the daytime. However, it’s important for you to know that if a resident is not incontinent, it is in fact a violation of the Illinois Nursing Home Care Act and the resident’s dignity, to allow the facility to place a diaper on a resident who is continent. Many nursing homes do this just for convenience’s sake, if they are understaffed and have too many residents to care for. It’s easier for them to just put a diaper on someone rather than provide adequate care and services that they are mandated to do under the Illinois Nursing Home Act.

“So, check with the director of nursing, and find out if the reason has to do with your father’s immobility at nighttime, maybe he gets disoriented at night, or he could be on new medications that are causing him to experience incontinency only at night. If you have any other questions, you should contact an Illinois nursing home negligence lawyer.”

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According to our Chicago nursing home abuse attorney, there are many occasions in which access to a resident’s medical record may be necessary. By keeping up to date on reviews and maintaining current copies of records, you can help prevent
Illinois nursing home neglect or abuse.

In some cases, there are benchmark indicators for which review should absolutely be requested (and in most cases, copies should also be requested). These indicators include (but are not limited to) the following:

• After the initial medical assessment and care plan development, post admission.
  • You should request a copy of both the medical assessment and care plan, as well as a list of medication to be administered.
• Prior to requesting a new medical assessment and care plan if you suspect physical and/or mental changes
  • You should request copies
• Following an updated medical assessment and change to the care plan – request copies.
• At the time of any noticeable change of physical strength or mental alertness, or loss of appetite if a new medical assessment and care plan is not performed.
  • You should check for new medications and ask for a printed list of all medications being administered.
• Upon evidence of bed sores, pressure sores or prolonged/recurring infection (such as urinary track infections or pneumonia)
• Immediately following any evidence of a fall or injury (bruising, lacerations).
  • Often times a medical record will indicate prior falls or injuries that family members were never notified of. The cause can typically be traced to new medication, changes in dosage to an existing medication, lack of proper assistance due to short staffing, and sadly, intentional abuse.

If you suspect abuse, notify law enforcement immediately, then contact an Illinois nursing home negligence lawyer if you live near Chicago. Nursing home abuse attorneys can help protect you according to the law.

If you feel intimidated in any way upon requesting inspection of a family member’s medical record, be sure to obtain assistance from a Chicago nursing home abuse attorney experienced with skilled nursing and long-term care facilities. In Illinois, nursing home negligence lawyers are intimately familiar with all pieces of a medical record that should be present and accounted for, ensuring that a complete medical record has, in fact, been provided to you.

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