Abuse often shows itself through visible signs. In Illinois, nursing home neglect and abuse run rampant. A common sign of abuse or neglect in nursing homes are pressure ulcers. Pressure ulcers (also knows as bed sores), pressure sores and decubitus ulcers, can almost always be prevented or successfully treated.

All at-risk nursing home residents resident be maintained with proper hydration and nutrition, say Chicago nursing home abuse attorneys. “A resident confined to (or allowed to remain in) a bed or wheelchair who cannot be relied upon to turn or reposition themselves must be turned or repositioned by staff every two hours. Pressure relieving mattresses and special mattresses that automatically reposition the resident every two hours may also be used.”

Many medical articles have identified those most at risk for the development of pressure ulcers. These include elderly persons, the chronically ill, the immobile, the weak or debilitated, residents with altered mental status and residents who are incontinent. Prevention requires adequate numbers of skilled staff ensuring proper pressure relieving devices are utilized, proper nutrition and hydration is maintained and that the resident remain clean. The most important factor in the development of pressure sores in unrelieved pressure. Friction (skin against sheets) is another known cause. Wheelchair-bound residents must be trained in proper repositioning techniques. In addition, frequent and thorough assessments must occur.

Pressure ulcers are generally classified in four stages.

• Stage I represents intact skin with signs of impending ulceration.
• Stage II represents a partial-thickness loss of skin. This lesion may present as an abrasion, blister, or superficial ulceration.
• Stage III represents a full-thickness loss of skin with extension into tissue beneath the skin. This lesion presents as a crater with or without undermining of adjacent tissue.
• Stage IV represents full-thickness loss of skin and subcutaneous tissue and extension into muscle, bone, tendon, or joint capsule. Sinus tracts and severe undermining commonly are present. A bedsore can, without proper intervention proceed from State I to Stage IV.

A pressure ulcer must be kept clean. Surgical debridement is often necessary. This involves removing the necrotic (dead) tissue. In severe pressure ulcer cases, reconstructive surgery may be necessary.

If a pressure ulcer is not resolved through appropriate treatment it may continue to grow. At a certain point infection will set in and amputation may be required. If advanced sepsis develops amputation may not be sufficient and a resident will die.

If your loved one has unexplained pressure ulcers or bed sores, you may consider speaking with an Illinois nursing home negligence lawyer. He or she can determine if your loved one’s rights have been violated.

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In Illinois, nursing home neglect has become an issue many families of nursing home residents are forced to deal with. One form of neglect that often occurs is when patients are not seen by their physicians at least once every 60 days.

In many cases, nursing home patients can go months without being seen. According to Illinois law, however, a resident must be seen by a doctor at least once every 30 days for the first three months after being admitted. After that, one visit every 60 days is required. A qualified Illinois nursing home negligence lawyer who specializes in Illinois nursing home neglect points out that a “visit” means an in-person meeting between doctor and resident.

When nursing homes fail to enforce these regulations, our Illinois nursing home negligence lawyer suggests family members take the following steps:

1. Speak to director of nursing for the facility, and ask when the next scheduled visit is. Once you know the date, insist that the doctor meet with you and your loved one in person to discuss care.
2. Contact your local ombudsman, and ask them contact the facility to find out why a resident has not been seen according to the regulations which are very clear (that contact must happen every 60 days).
3. Schedule a meeting with the administrator of the facility. During your visit, have them contact the physician to confirm when the next visit is scheduled.

Residents should not suffer due to Illinois nursing home neglect. Proper care includes regular visits with a physician. If you suspect your loved one is a victim of Illinois nursing home neglect, contact a Chicago nursing home abuse attorney today.

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Many families find themselves faced with the daunting task of choosing a nursing home facility for their aging loved ones. While the decision to place someone in a skilled nursing facility can be difficult enough on its own, the process of finding the right home can be even more challenging.

With Illinois nursing home neglect and abuse on the rise, Chicago nursing home abuse attorneys have developed many recommendations for families who find themselves undertaking this repsonibility, either by choice or necessity.

One way to quickly rule out a potentially dangerous facility is to determine the amount of citations and violations it has received. The Illinois Department of Aging website allows you to find the most recent inspections performed at a specific facility, and view the results of the survey. The information provided will include the types of violations found, and the level of harm (if any) said violation imposed on residents.

Illinois nursing home negligence lawyers point out what they and most families believe presents a high level of risk to loved ones may be viewed as less harmful by the state. So not all so-called wrong-doings may be reported. However, checking out the information on this site will provide you the opportunity to assess your personal expectations within the greater picture. The findings can be a stark dose of reality for some, reminding anyone who is searching for a facility to take nothing for granted. A relatively new facility with fancy accommodations can actually provide some of the least respectable care.

If, after reviewing and comparing several facilities you have additional questions, you can contact your local Ombudsmen, or speak directly with a Chicago nursing home abuse attorney if you live in Illinois. Nursing home neglect can be easily prevented in many cases, simply by doing your homework up front.

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Chicago nursing home abuse attorneys regularly represent victims of Illinois nursing home neglect.  The issue of elder abuse and neglect in nursing homes is on the rise as life expectancy increases and the baby boomer generation continues to age.  If you believe you detect signs of abuse or neglect of your loved one, you should contact an Illinois nursing home negligence lawyer as soon as possible.Signs of neglect can include weight loss, dehydration, bruises, bed sores or other injuries. One common sign that may not be immediately noticed is redness on a patient’s heels. Typically, this is indicative of a pressure ulcer. Pressure ulcers can range from a light pinkness of the skin (which would lighten and disappear shortly after pressure is relieved) to a very deep wound, which can extend all the way through the bone and to internal organs.

The primary cause of pressure ulcers is unrelieved pressure, such as if a patient who is bedridden is not regularly attended to. Friction can also cause pressure ulcers, which often occurs from rubbing against a bed sheet, a cast or brace.

Other contributing factors include: poor nutrition, weight loss, diabetes or dehydration. Each of these factors can be seen as a form of Illinois nursing home neglect or abuse and should be taken very seriously.

If you notice pressure ulcers developing, you should speak with the director of nursing immediately. Discuss your concerns with your loved one’s physician as well.  You may consider contacting a Chicago nursing home abuse attorney if the injury is severe, or extreme neglect seems to be the cause.

Pressure ulcers are very painful, and can quickly progress from a mild injury to a severe and life-threatening one, and should be treated immediately.

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The often missed answer to the question of why a nursing home resident fell

Unfortunately, it’s a fact pattern Chicago nursing home abuse attorneys who prosecute Illinois nursing home neglect cases hear all too often: patients are often injured because of falling.

The question is: what is causing these falls? Medication Administrator Records (often referred to in the nursing home chart as “MARS”) are a good place to look for clues about what is causing a resident to fall, and it’s often where experienced Illinois nursing home negligence lawyers look first.

Nursing home residents are often given psychotropic drugs.  Occasionally, these drugs are warranted based on resident’s underlying disease process or mental state.  However, sometimes it’s been alleged that these drugs make it easier for a nursing home to use fewer paid staff members to “monitor” residents.

The administration of psychotropic drugs is causally linked to a condition called orthostatic hypotension, which is a temporary decrease in blood pressure.  This decrease in blood pressure can cause lightheadedness, dizziness and fainting.  This condition is often directly related to falls.  Nursing home residents are believed to be more susceptible to orthostatic hypotension caused falls because the average resident has other ongoing disease processes.  The resident with an orthostatic hypotension condition may feel fine while sitting or at rest.  But just a few steps into a walk she may collapse and fall.  This is a common phenomenon discovered by Illinois nursing home neglect attorneys.  It’s also preventable.

There are procedures for nursing homes to assess residents at risk for orthostatic hypotension caused falls.   However. preventative measures all require staff time.  Staff time means increased labor costs and decreased corporate profits.  That’s why the preventative measures often are not done.  That’s why many residents are subjected to falls caused by orthostatic hypotension.  That’s why so many Chicago nursing home abuse attorneys are forced to prosecute so many Illinois nursing home neglect cases.

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According to our Chicago nursing home abuse attorney who regularly represents victims of Illinois nursing home neglect, meaningful care planning should take into account the unique traits of each resident, which will translate into providing good quality of care and quality of life.

The theory behind the RAI is that a strong link between MDS, RAPs and care planning is essential to provide each resident with a solid approach to prevent avoidable decline and build upon current strengths. Meaningful care planning takes into account the unique traits of each resident which translates into providing good quality of care and quality of life. The OBRA ‘87 requires that each nursing home resident have a comprehensive plan of care. This plan is based on information gathered by the MDS and any further review and assessment. The plans of care must include measurable objectives and timetables to meet the resident’s medical, nursing, and mental needs identified in the comprehensive assessment. The services provided under the plan of care are to attain or maintain the resident’s highest practicable physical, mental, and psychosocial well-being. The plans of care are to be periodically reviewed and revised when necessary after each assessment.
MDS Coordination

When Medicare reimbursement became linked to resident assessments, MDS coordinator roles became more vital to nursing homes. MDS coordinators are generally registered nurses who oversee the assessments and paperwork in order to guarantee proper completion. The MDS coordinators work with an interdisciplinary staff to produce the written and electronic documents necessary for Medicare reimbursement. The MDS coordinator also assures that each resident’s MDS is coded accurately so that the nursing home is financially able to provide all necessary services.

In addition MDS coordinators affect the quality of care of the residents. Completing a thorough and accurate comprehensive assessment enables the nursing home to provide appropriate plans of care for each resident. The MDS coordinators can provide a global picture of each resident and can spot weaknesses in their plans of care.

If your or a loved one have suffered Illinois nursing home neglect, please contact a reputable Illinois nursing home negligence lawyer today. You don’t have to suffer in silence. There are plans in place to assure your proper care, and it may take legal action to enforce these regulations.

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In this post, our Illinois nursing home negligence lawyer will discuss Triggers and Resident Assessment Protocols.

Specific responses to MDS items alert the nursing home to potential problems for the resident. These “triggers” are associated with specific questions on the MDS. If one or a combination of MDS elements are triggered, the resident is identified as someone who has or may develop specific functional or clinical problems. Triggers identify conditions for additional assessment and review, and cause the nursing home to further evaluate a resident using Resident Assessment Protocols (RAPs). Triggers indicate that specific clinical factors are present that may or may not represent a condition that should be addressed in the plan of care. The MDS responses that define triggers are specified in each RAP.

The Nursing Home Reform Act requires RAPs at the 14 day comprehensive assessment, significant changes, and annually. The RAPs assist in the development of plans of care. There are 18 RAPs in Version 2.0 of the Resident Assessment Instrument. They include items such as cognitive loss/dementia, ADL function/rehabilitation, psychosocial well-being, nutritional status, dehydration/fluid maintenance, and pressure ulcers.

U.S. Department of Health and Human Services, Health Care Financing Administration, Long Term Care Resident Assessment Instrument User’s Manual Version 2.0 October, 1995

Nursing Home Resident Assessment 3 OEI-02-99-00040

If you have questions about Illinois nursing home neglect or abuse, contact a Chicago nursing home abuse attorney today.

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Understanding nursing home resident assessment protocols will help you prevent your loved one becoming a victim of Illinois nursing home abuse or neglect. In this series, our Chicago nursing home abuse attorney is explaining the RAI (Resident Assessment Instrument) in great detail.

 The Minimum Data Set (MDS)

The MDS 2.0, a component of the RAI, contains a standardized set of essential clinical and functional status measures. It must be collected on every resident in the nursing home at regular intervals during their nursing home stay regardless of the method of payment. Nursing homes are required to “conduct initially and periodically a comprehensive, accurate, standardized, reproducible assessment of each resident’s functional capacity.”

All residents must be completely assessed in the first 14 days after admission, promptly after a significant change in their physical or mental condition, and at least once every 12 months. Additionally, all MDS assessments must be reviewed at least every 3 months to assure continued accuracy. The prospective payment system was phased into nursing homes in July of 1998, and all nursing homes were expected to comply with the new system in January of 1999.

Skilled nursing facilities are required to classify residents into one of 44 Resource Utilization Groups (RUGs-III) based on assessment data from the MDS for reimbursement. Since the implementation of the prospective payment system there is a more frequent MDS schedule for those residents reimbursed by Medicare Part A.

If you or your loved one has been abused or neglected while under skilled nursing care in Illinois, nursing home negligence lawyers can help.

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In Illinois, nursing home negligence lawyers represent victims of Illinois nursing home neglect. Sadly, many elderly patients are abused or neglected every day in our state.

In this post, our Chicago nursing home abuse attorney will discuss the Resident Assessment Protocols which guide a residents’ plan of care.

Resident Assessment Protocols, or RAPs, flow from the Minimum Data Sets. In practice, there are key elements or questions in the MDS that  “trigger” one of 18 RAPs when answered in a specific way.

The Resident Assessment

The Nursing Home Reform Act mandates that nursing homes use a clinical assessment tool known as the Resident Assessment Instrument (RAI) to identify residents’ strengths, weaknesses, preferences, and needs in key areas of functioning. The RAI is designed to help nursing homes thoroughly evaluate residents and provides each resident with a standardized, comprehensive, and reproducible assessment.

With consistent application of item definitions, the RAI ensures standardized communication both within the facility and between facilities. Basically, when everyone is speaking the same language, the opportunity for misunderstanding or error is diminished considerably, thus narrowing the potential for neglect or abuse to occur.

The RAI was developed by a research consortium under contract with the Health Care Financing Administration (HCFA) and consists of three key components: the Minimum Data Set (MDS), Triggers and Resident Assessment Protocols (RAPs), and Utilization Guidelines. Most States required nursing homes to begin implementing the RAI in 1991. The RAI was intended to be a dynamic tool, and the HCFA began developing version 2.0 of the RAI in early 1993. This version is currently in use. The HCFA is committed to continuous reviews and updates.

The RAI was designed to be completed by an interdisciplinary team of nursing home staff who gather facts about the residents’ strengths and needs. This interdisciplinary team should include dieticians, speech, physical and occupational therapists, social workers, pharmacists, and nurses. The attending physician is also an important participant. U.S. Department of Health and Human Services, Health Care Financing Administration, Long Term Care Resident Assessment Instrument User’s Manual Version 2.0 October, 1995.

Nursing Home Resident Assessment 2 OEI-02-99-00040 in the RAI process providing valuable input on sections of the MDS and RAPs. Federal regulations require each individual who completes a portion of the RAI to sign, date, and certify its accuracy. Regulations also require a registered nurse sign and certify that the assessment is complete. Upon completion of the assessment, the information guides the team to prepare individualized care plans for each resident.

If you have questions about the Resident Assessment Protocols or RAI, contact a Chicago nursing home abuse attorney today.

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It is disheartening, but in Illinois, nursing home neglect has become more and more common. If you suspect abuse and/or neglect of a loved one, or if your family rights have been violated, you should contact an Illinois nursing home negligence lawyer if you live in or around Chicago.Nursing home abuse attorneys are very proficient in the guidelines of the Illinois Nursing Home Care Act, which allows a resident to recover for the actual damages suffered as the result of “abuse” or “neglect”. Actual damages or compensatory damages include the medical expenses incurred and reasonably expected to be incurred in the future. Attorney fees for an Illinois nursing home negligence lawyer as well as the cost of litigation for the violation of a resident’s right to be free from neglect or abuse may also be claimed.

Chicago nursing home abuse attorneys will help you understand the legality of the following terms as they pertain to the Illinois Nursing Home Care Act: 

• “Abuse” is defined as “any physical or mental injury or sexual assault inflicted on a resident other than by accidental means.”
• “Neglect” is defined as “a failure to provide adequate medical or personal care or maintenance when that failure results in physical or mental injury to a resident or the deterioration of a resident’s physical or mental condition.”

The owner of a nursing home in Illinois and the license holder may be liable to a resident for any intentional or negligent act or omission which results in injury to a resident.  If this is the case for you or someone you love, find a compassionate Illinois nursing home negligence lawyer who is dedicated to the pursuit of dignity and quality care for residents of skilled nursing homes and long-term care facilities in Illinois.

Nursing home neglect needs to become of thing of the past.  Contact Chicago nursing home abuse attorneys to learn more about how the Illinois Nursing Home Care Act protects you and your loved ones.

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