May 29, 2009
If you have a loved one residing in a nursing home and have noticed a deterioration or change in his or her mental health, he or she could be the victim of Illinois nursing home neglect. All too often, residents become the victim or emotional or verbal abuse and their quality of life is significantly reduced. Illinois nursing home negligence lawyers stress that not all types of abuse and neglect are physical. Emotional abuse can be just a difficult to deal with.
Many nursing home residents do not have the ability to adequately communicate needs or report abuse. Loved ones have a responsibility of identifying signs of abuse and paying close attention to the care their loved ones are receiving. Any signs of abuse should be reported to a Chicago nursing home abuse attorney immediately. Keep in mind, signs of verbal and emotional abuse can be difficult to recognize; therefore, consistent monitoring is a necessity.
Emotional and verbal abuse may cause residents to become extremely non-communicative or withdrawn. Often times, they become emotionally upset or agitated easily. Unusual behavior, such as biting, sucking or rocking can occur along with the display of threatening, insulting or humiliating behavior towards close friends and family members. Illinois nursing home neglect lawyers warn that residents often want to remain isolated from people.
Not all differences in behavior can be attributed to verbal or emotional abuse. Changes in medication, health status, acute illnesses or disease can cause dramatic changes. Any concerns should directly be reported to the Director of Nursing. Illinois nursing home neglect is a serious problem. If you feel a loved one has been the victim of verbal or abuse and is suffering as a result, contact a knowledgeable Chicago nursing home abuse attorney.
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May 27, 2009
In Illinois, nursing home facilities must provide copies of a resident’s records to his or her family members or to the resident directly. When requested, many nursing homes make it difficult even though they are required by law to provide records promptly when requested. Illinois nursing home negligence lawyers can assist if you are having difficulty receiving rightfully owed medical records.
According to a Chicago nursing home abuse attorney, the first step is to establish a “Healthcare Power of Attorney,” which is a designated resident’s family member or other trusted person. This legal representative can assist in preventing delays in accessing medical records. This designation should take place prior to admission of the resident, even if he or she is in good mental health at the time and has good decision making skills. No harm can be done by being properly prepared. Illinois nursing home negligence lawyers also recommend a copy of the “Healthcare Power of Attorney” is on file at the nursing home, a second copy on hand, and an additional copy in a safety deposit box.
If you have any confusion regarding access rights to medical files in a nursing home, Illinois nursing home negligence lawyers can help. Title 42 of the Code of Federal Regulations contains a sections on resident rights (Vol. 3, Public Health, Sec. 483.10). The complete reference can be found online by searching Sec. 483.10. Part of this important section states:
“A resident or his/her legal representative has the right of access to all records, including current clinical records within 24 hours (excluding weekends and holidays) or an oral or written request. Furthermore, after examination of the records, a patient or their legal representative may purchase at a cost not to exceed the community standard, photocopies of the records upon request within two days notice.”
Medical records can be extremely important if you suspect a loved one has been the victim of Illinois nursing home neglect. Contact a Chicago nursing home abuse attorney immediately if you are confused of your rights or feel a loved one is in any danger of neglect or abuse.
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May 25, 2009
In Illinois, nursing home negligence lawyers work extremely hard to prevent Illinois nursing home neglect, abuse and to help individuals who have already been a victim of neglect or abuse. Part of this prevention lies in educating families on proper procedures, care and residents’ rights. Many residents of nursing homes recently suffered a stroke. With proper education, family members can help to ensure their loved ones receive proper care after suffering through a stroke.
When a resident is first admitted, a nursing home facility has fourteen days to do a complete assessment. This assessment includes nursing, physical, occupational and speech language requirements. A physician’s order should be present with an instructions from the resident’s primary doctor.
A resident’s dietary needs need special consideration following a stroke. Often, swallowing can be difficult and proper feeding techniques need to be implemented. Proper positioning for feeding the resident is highly important. Learning how to eat, drink and swallow again can take time and the patient must also be carefully evaluated for potential aspirations that could cause pneumonia.
A Chicago nursing home abuse attorney further explains the importance of speaking with the director of nursing if you have a loved one in a nursing home. In addition, ask to speak with the speech pathologist to make sure an assessment is completed and future care plans are in place. Recovering from a stroke can be a long process and a proactive approach is imperative.
If you live in Illinois, nursing home negligence lawyers can help if you feel a loved one is not receiving proper care in a nursing home following a stroke. Preventing Illinois nursing home neglect is imperative for the physical and mental health of each resident.
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May 22, 2009
Living in a nursing home can be stressful, lonely and often mentally challenging. Residents in these long-term care environments benefit tremendously when they have friends or family members visit on a regular basis. These regular visits can also serve a second purpose in preventing Illinois nursing home neglect due to regular monitoring of residents. Family members and friends can recognize early signs of neglect or abuse that might otherwise go unnoticed.
According to Illinois nursing home negligence lawyers, nursing home facilities in Illinois must provide “reasonable” accommodations for visitations by law. This includes providing a reasonable time frame for visitation in addition to making a strong effort to increase social activities for their residents. Nursing homes that truly care about their residents understand how important regular visits are to each resident’s well-being. These nursing homes often go far above and beyond the mandated laws. Some homes even extend visiting hours to ten-o-clock every day of the week.
If you are not receiving reasonable visitation rights, Chicago nursing home abuse attorneys can be of assistance. Lack of visitation rights can be a warning sign of inadequate care and concern for a loved one. Regular visits help to ensure your residents’ needs are met. Nursing homes should work with you to accomplish this shared goal and prevent Illinois nursing home neglect before it happens.
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May 20, 2009
Recently, our Chicago nursing home abuse attorneys received a question regarding concerns from a family member of a nursing home resident. The resident suffers from dementia, and the family member asked what steps can be taken to prevent her loved one from either wandering away from the home or being the victim of neglect or abuse. One of our Illinois nursing home negligence lawyers responded with the following statement:
“A resident with dementia can often wander about, even outside of the facility when proper care is not being administered. We have handled many of these cases and often times here in Illinois, nursing home neglect has taken place. The following recommendations can be applied immediately if you are concerned about your loved one’s safety:”
- Talk to the director of nursing immediately, or the facility’s administrator.
- Talk to the activities director when possible to help increase your loved ones involvement with activities. Often times, wandering can be the result of a lack of mental stimulation or activity.
- Make sure the nursing home is assessing your loved one for the risk of wandering.
- Take notice of the medications the resident is taking and if any side effects include confusion.
- If your loved one has a history of wandering, check if preventative measures are being used, such as electronic monitoring devices or alarms.
- Check the staff-to-patient ratio to ensure your loved one is receiving the proper care. They should be well aware the resident is at risk for wandering.
Skilled Chicago nursing home abuse attorneys can help you look for signs of Illinois nursing home neglect and abuse. If you are worried about a loved one, and feel he or she has a greater risk due to dementia, a skilled lawyer can assist you if you live in or around Illinois. Nursing home negligence lawyers can also help you or your loved ones receive compensation if neglect or abuse has already taken place.
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May 18, 2009
Recently, an article was published about the consideration by Congress to eliminate taxpayer funded bonuses to nursing homes with a history of violations. According to Illinois nursing home negligence lawyers, nursing homes around the United States receive millions of dollars in taxpayer funded bonuses annually. Even homes with major fines and violations for basic health and safety standards are still receiving these bonuses. This legislation would be an amendment to the budget bill and is still being debated by Congress. Why should taxpayers be billed for bonuses paid to inadequate nursing homes?
The total cost of bonuses paid out is unknown at this time. The Centers for Medicare and Medicaid Services fund and approve each bonus program yet they do not actually track the payments. At this time, over eighty bonus programs are in effect in thirty six states. Why these bonuses are not tracked is unknown. Chicago nursing home abuse attorneys and other advocates for nursing home residents believe it is a waste of taxpayer money to give bonuses to profit-driven companies, especially when they fail to provide proper care.
In and around Illinois, nursing home neglect cases continue to surface and nursing homes need to be held responsible for failing to give proper care to residents. Without proper punishment and/or fines, change is not likely to take place. What motivation exists for nursing homes to improve care when they still receive bonuses despite violations? A separate study of twenty three homes found that sixteen nursing homes qualified for 2008 bonuses, despite major violations. Two of those twenty three residences were actually on a federal list of the worst nursing homes in the nation. One of the homes had received a threat of its license being pulled due to inadequate care, yet still received a bonus. Our seniors will not be protected or receive proper care if these scenarios continue.
The recent amendment to stop paying bonuses to nursing homes with violations was accepted unanimously by the Senate but the bill has not yet been approved. Taxpayers should not be paying nursing homes with repeated violations. Contact a Chicago nursing home abuse attorney if you would like more information regarding the proposed legislation or if you feel a loved one has been the victim of Illinois nursing home neglect.
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May 15, 2009
Working in the health care field, specifically in nursing homes is a demanding job both physically and mentally. These needed workers provide crucial care to residents who are unable to complete daily living activities. Many nursing home residents need assistance with personal hygiene, getting out of bed, eating and other tasks. In Illinois, a health care crisis is rising with the number of elderly citizens increasing while the workforce is decreasing. Illinois nursing home negligence lawyers stress the importance of retaining nursing home workers to help prevent cases of Illinois nursing home neglect.
Training, health care coverage and wages play an important role in retaining workers. A recent study was conducted with responses from 1700 nursing home employees. Only half of the participants expect to receive a raise. With inflation, this factor equates to an actual decrease in wage. Caregivers were also found to remain in their positions longer depending on higher wages. Only one-third of the employees received health insurance coverage and only two-thirds received formal job training. An addition, few opportunities exist for advancement. All of these factors make it difficult to retain nursing home employees and attract new ones.
The high turnover rate, poor working conditions and lack of benefits has a direct correlation to the quality of care nursing home residents receive. Unless measures are taken to improve the quality of these difficult jobs in Illinois, nursing home neglect will continue to be a consistent and devastating issue. If you would like more information or feel a loved one has been the victim of abuse in a nursing home, contact a skilled Chicago nursing home abuse attorney today.
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May 13, 2009
Recently, news broke out about a nursing home resident who was found frozen to death after wandering away from the home. Upon investigation, the nursing home was found to have been negligent on conducting hourly bed checks and none of the staff members noticed the resident was missing. Her frozen body was found two days later with her socks next to her and no shoes on her feet. She had fallen repeatedly and walked in circles before laying under a pine tree. This tragedy could have been prevented with proper staffing, training and supervision in the nursing home. Illinois nursing home negligence lawyers all too often represent victims of some type of neglect in nursing homes.
This unfortunate death is one example of the lack of proper care in nursing homes. In Illinois, nursing home neglect cases are widespread and immediate change in necessary. Inspection reports show time and time again that adult homes present a significant risk of injury, illness and even death. These tragedies have a direct correlation to negligence from the staff and administration. A death stemming from a wandering resident is a direct sign of negligence.
Despite many measures being taken to improve nursing home conditions, Chicago nursing home abuse attorneys explain that many regulations are ineffective and conditions are still far from adequate in many of these long-term care environments. State and federal levels have been far from effective in regulating nursing homes which leaves any resident vulnerable to abuse. Inspections and issued violations have increased, yet documentation shows disturbing pictures of homes where neglect and/or abuse is frequent.
The tragic death of the wandering resident who froze to death is only one incident of neglect. If you feel a loved one is not receiving the proper care or is the subject of neglect, contact an Illinois nursing home negligence lawyer immediately.
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May 11, 2009
Recently, the Chicago Tribune printed an article regarding the shortage of nurses in nursing homes. In Illinois, nursing home neglect is rising and drastic measures need to be taken to ensure quality of care for seniors in these long-term care environments. According to Illinois nursing home negligence lawyers, a direct correlation exists between the quality of care and staffing levels. Adding to this problem is a great amount of nurses who are unqualified, incompetent or simply burned out and overworked. Adding to the dilemma is an extremely high turnover rates for staff in most nursing homes around Illinois and throughout the entire country.
A recent survey released found that more than twenty five percent of registered nurse positions around the country are empty along with almost fifteen percent of certified nurses’ aide positions. In addition, a separate report estimated that almost two-thirds of nursing home RNs quit their job last year along with over ninety percent of aides! This critical shortage affects the quality of care for residents. All too often, nursing homes will not hire or fire anyone even if they are caught neglecting or abusing residents.
Chicago nursing home abuse attorneys are well aware of the outcome of nursing home nurse shortages and have represented many residents and their families in devastating neglect cases. Even if a nursing home is properly staffed, the nurses need to be well qualified, trained and supervised to provide proper care for residents. If you feel a loved one in a nursing home is not receiving the proper care due to a shortage or lack of training by staff, Illinois nursing home negligence lawyers are ready to step in and provide the proper course of action. The shortage of nurses in long-term care environments is an urgent issue and needs to be handled proactively to help prevent cases of Illinois nursing home neglect.
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May 8, 2009
In the state of Illinois, nursing home neglect cases are rising. Although inspections, evaluations and surveys are done frequently, the increase of care in these long-term environments are not improving quickly enough. Chicago nursing home abuse attorneys consistently come across cases where nursing homes renew their state registration without paying for prior violation penalties. Renewal is due every fifteen months, and the states are allowing registration too easily.
Advocates for nursing home care stress that change will not occur without money. Fines are often reduced to an extremely low level and according to Illinois nursing home negligence lawyers sometimes even completely rescinded. Remember, violations occur when a resident has been neglected, mistreated or the facility did not meet the minimum requirements according to state law. Under no circumstance should fines for violations go overlooked.
Change is necessary to prevent Illinois nursing home neglect. If you have a traffic violation that goes unpaid, consequences exist. Vehicle registration is not a possibility until the penalty has been dealt with. The same truth should apply to violations in nursing homes. Once a facility has received a specific fine, collection must take place; otherwise, change will not take place in homes that provide less than adequate care.
Legislative change is a first priority. If you have any questions regarding fine violations for nursing home violations, contact a Chicago nursing home abuse attorney for more information. No excuse exists for any nursing home violation and advocates are desperately needed to assist in protecting our senior citizens.
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