February 12, 2010
Restraints are often used in nursing homes as a temporary measure in providing needed medical treatment. When used without necessity, restraints can be a form of Illinois nursing home neglect. Applying physical restraints routinely or for prolonged periods should be avoided whenever possible. Recent research suggests that restraints are more likely to cause harm than prevent harm.
Illinois nursing home negligence lawyers have found through past cases that restraints can cause strangulation or lead to muscle and bone weakness. Restrained individuals often feel humiliated or become depressed, withdrawn or agitated when freedom of movement is taken away from them.
Restraints can increase the risk of falls and other serious injuries according to Chicago nursing home abuse attorneys. Studies have consistently demonstrated that there is no increase in serious injuries when less restrictive safety measures are used in place of physical restraints. Many alternatives to restraint use exist and include:
- Use of positioning devices such as padded furniture or body and seat cushions
- Design of the physical environment to allow for close observation by staff
- Personal rehabilitation and strengthening program
- Use of door alarms for residents with a risk of wandering
- Use of chair or bed alarms to signal staff when a resident needs assistance
- Regular attention to physical and personal needs
- Use of personal assistance devices such as visual aids, hearing aids or mobility devices
- Efforts to increase staff awareness of a resident’s needs
If you feel a loved one is being restrained unnecessarily and you live in the state of Illinois, nursing home negligence lawyers can be of assistance. Excessive use of physical restraints can be a sign of Illinois nursing home neglect and should not be tolerated.
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February 5, 2010
Many people are unaware of Adult Protective Services (APS). These services aim to ensure the safety and well-being of elders and adults who are in danger of being neglected or abused. Many elderly residents in nursing homes are unable to take care of themselves or protect themselves from harm. Illinois nursing home negligence lawyers and APS are dedicated to protecting residents from being victims of Illinois nursing home neglect.
APS caseworkers are often first responders to reports of neglect or abuse of vulnerable adults. In addition to casework services, APS also can arrange for medical, economic, social, legal, law enforcement, housing and emergency services. Additional services include investigating reports, monitoring and evaluating cases of vulnerable adults.
What defines a vulnerable adult is a questions Chicago nursing home abuse attorneys have been asked. A vulnerable adult is defined as “a person who is being mistreated or is in danger of mistreatment and who, due to age and/or disability is unable to protect himself or herself.”
Additional Adult Protective Services include:
- Developing a case plan
- Assessing a victim’s risk
- Receiving reports of adult abuse, neglect and/or exploitation
- Investigating received reports
- Assessing the victim’s capacity to understand his or her risk
- Service monitoring
- Evaluation
- Arranging for legal assistance
Adult Protection Services is dedicating to protecting our beloved loved ones. If you or a loved one has been the victim of neglect or abuse in Illinois, nursing home negligence lawyers with extensive experience are dedicated to pursuing justice and holding responsible parties responsible.
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January 27, 2010
Many pressure sores can be prevented according to Illinois nursing home negligence lawyers. Many sores that have already formed can also be properly treated so they do not get worse. Precautions can be taken by caregivers to help prevent bedsores. Every resident’s individual circumstances are different, which must be taken into consideration by staff members when developing a plan of care. Bedsores can indicate you or a loved one is a victim of Illinois nursing home neglect.
Chicago nursing home abuse attorneys offer the following precautions which nursing home staff should, but all too frequently fail to undertake:
- The resident should be bathed properly
- A thorough and systematic assessment should be conducted to evaluate a resident’s risk for developing a bed sore
- Reassessments should be conducted periodically for determining risk
- Proper nutrition and hydration should be maintained
- The resident should be bathed properly
- Frequent repositioning of the resident should be done to relieve pressure
- Incontinence should be treated and assessed to prevent skin moisture from developing into a bedsore
- Support devices should be used appropriately to relieve pressure from troublesome area
- Lifting techniques and devices should be used when necessary to avoid shear and friction related injuries
- When positioning residents in chairs or wheelchairs, balance, stability, pressure relief and distribution of weight should be evaluated
- Thorough education should be given to the caregivers, resident, and family members or loved ones on preventing bedsores.
A customized plan is crucial to prevent bedsores in residents explains Illinois nursing home negligence lawyers. Each resident has a unique set of risk factors which should be evaluated when determining the plan of care. If you or a loved one is suffering from bedsores in a nursing home, and feel the nursing home staff members failed to properly implement a prevention plan of care, contact a Chicago nursing home abuse attorney immediately. Bedsores can often be prevented and therefore is a warning sign that Illinois nursing home neglect is taking place.
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January 25, 2010
Sadly, Illinois nursing home neglect happens all too frequently. Often times, family members suspect abuse yet fail to trust their instincts and investigate further. Many nursing home residents who are victims do not report the problem. If you visit a loved one in a nursing home and see signs of neglect or abuse, contact a Chicago nursing home abuse attorney immediately. He or she can help identify signs of neglect and proceed legally for justice. In this post, Illinois nursing home negligence lawyers will give indicators of neglect in nursing homes.
Indicators of physical abuse may be discoloration or bruising of the wrists, inner arms or thighs, choke marks, old and new bruises or suspiciously shaped bruises. If your loved one has cuts, burns, scratches, unexplained bleeding or deep lacerations, it is imperative to ask questions and investigate further. Subtle indicators of abuse are drowsiness, drooling, vacant staring or dry, cracked lips. These subtle indicators may indicate over-medication.
The following signs may indicate Illinois nursing home neglect is taking place:
- Rapid weight loss due to dehydration or malnutrition
- Unkempt appearance such as dirty or uncut fingernails, torn clothing, or knotted hair
- Inadequate dental or personal hygiene
- Bedsores
- Signs of feces or urine on residents’ clothing and bedding
- Limited staff members or residents left unattended in hallways or bathrooms
Mental abuse is another form of neglect. Contact a Chicago nursing home abuse attorney if you see indicators of fear, anxiety, depression, helplessness, withdrawal, non-responsiveness, anger, agitation or any hesitation to talk openly.
Illinois nursing home negligence lawyers urge family members and other loved ones of residents to take action if indicators of Illinois nursing home neglect or abuse are witnessed. Many residents do not understand what is happening. Residents have the right to dignified treatment and care.
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January 15, 2010
Burns in nursing homes are becoming a common occurrence according to Illinois nursing home negligence lawyers who have represented many victims of Illinois nursing home neglect. As people age, skin becomes thinner and more sensitive to touch. Many residents in nursing homes have slow reaction times to pull away from something that is to hot. In many instances, a burn occurs because the resident does not have the ability to pull away.
A number of scenarios can take place that cause burns but most burns involve hot water in bathtubs or showers. A staff member may be too tired, careless or lazy to check the temperature of a bath. A resident should never be blamed for this type of burn for the responsibility lies on nursing home staff members to ensure the water is not too hot.
Water temperature over 120 degrees can cause third degree burns according to a Chicago nursing home abuse attorney. Water temperature over 140 degrees can cause serious damage in less than five seconds. Thermal burns are also frequent due to the misuse of hot packs. Regardless of what caused a burn, the underlying reason is Illinois nursing home neglect and should not be tolerated.
Staff members have a duty to monitor residents when taking a bath or using a hot pack. Devices are available to help avoid burns from taking place. For example, anti-scald devices can automatically turn water off if the temperature exceeds 120 degrees. In past cases, burns can lead to other traumatic events such as a slip and fall or broken bones. If a resident is injured trying to get out of a high temperature bathtub, legal action can be taken. Illinois nursing home negligence lawyers are dedicated to protecting residents in nursing homes and should be contacted immediately if you or a loved one has been the victim of a burn accident.
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January 1, 2010
Choosing a nursing home for a loved one is an extremely important decision. In this post, Illinois nursing home negligence lawyers will give you a checklist to use when you are choosing a nursing home for yourself or a loved one.
Remember, you want the to find a home where the care provided is the same care you or your loved one would receive if he or she was taking care of himself or herself. Do not be afraid to engage in conversation with the nursing home staff. Thorough research and asking questions can help protect against Illinois nursing home neglect.
Checklist for Staff Members:
- Do they seem happy with their jobs?
- Do they seem competent and confident in their duties?
- Can you imagine your loved one being cared for by them?
- Are they respectful towards other residents?
- How many residents are cared for by one nurse during a shift?
- Are residents’ calls responded to promptly?
Healthcare Checklist
- Is an onsite doctor available for emergencies?
- Can residents use their own pharmacy?
- Does the nursing home have a relationship with a pharmacist or pharmacy consultant?
- Does the facility have a variety of therapeutic equipment?
- If a resident needs emergency or enhanced medical care, are there hospitals with which the nursing home is bound by contract?
Resident Checklist
- Are residents out of bed and well-groomed?
- Do residents have privacy during personal care and treatment?
- Are residents engaging in activity outside their rooms?
- Have residents decorated their rooms with personal belongings?
Quality of Facility Checklist
- Are rooms clean and comfortable?
- Do bedrooms lead into a hallway and have windows?
- Are handrails in the corridors?
- Activities Checklist
- Do residents help plan activities?
- Do activities available cover a wide variety of interests and hobbies?
- Is a calendar of daily programs posted?
- Have residents formed a council?
- Are programs available for bedridden residents?
- Are volunteer programs available?
Bathroom Checklist
- Are bathrooms designed for wheelchair use?
- Do the bathrooms have support railings?
- Is there an intercom close to the toilet?
- Are the bathrooms close proximity to bedrooms?
This checklist contains potential questions to ask nursing homes. Researching nursing homes is the first step in preventing Illinois nursing home neglect. If a loved one is already in a nursing home and is showing signs of any neglect or abuse, contact a Chicago nursing home abuse attorney immediately. Negligent nursing homes need to be held liable for their actions.
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December 23, 2009
In the state of Illinois, nursing home neglect is on the rise. Many nursing homes have been cited for violations, yet enforcement on the violations is weak. All long-term care facilities need to be held accountable for violations and make appropriate corrections.
The Illinois State Department of Health can impose fines, appoint a temporary manager, curtail admissions, suspend or revoke a nursing home’s license, close a facility, issue a provisional license among other remedies for violations of statutes as provided by state or federal law. According to Illinois nursing home negligence lawyers, many nursing homes are given the opportunity to correct less serious issues without penalty or fines.
Chicago nursing home abuse attorneys have found the most common penalty imposed by the Department of Health is a $10,000 per violation civil monetary fine. Federal standard’s fines can range from $50 to $10,000 daily. The Illinois State Department of Health can only impose state fines. It must recommend to CMS for a federal fine to be imposed. CMS either modifies or waives the recommended fine depending on how the particular facility cooperated with the cited deficiencies.
Nursing homes with repeat or severe violations of licensing standards and Illinois nursing home neglect can have their Medicare or Medicaid certification suspended or revoked by CMS. When the facility is under this sanction, they do not receive reimbursement for services given to residents on these programs. Because many residents are on one of these programs, the cost to the nursing home can be astronomic.
Nursing home violations need strict enforcement for change to occur. Illinois nursing home negligence lawyers believe proper oversight of nursing home facilities can protect our loved ones from neglect and abuse.
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December 9, 2009
If you live in Illinois, nursing home neglect may be an issue you have heard about in the news. When faced with the decision of placing a loved one in a nursing home, many issues must be considered. An estimated 30-50% of long-term care facilities have been found to provide inadequate care. How can you prevent a loved one from being a victim of neglect or abuse?
Laws are in place to help protect your loved ones and Illinois nursing home negligence lawyers are compassionate and dedicated to keep nursing homes accountable for sub-standard care. Long-term care is governed by state and federal laws. Many residents and family members are unaware of the comprehensive care plan. By law, family members must participate in the care plan.
Nursing homes must develop an individualized plan of care for each resident with the goal of maintaining the resident’s highest practicable physical and mental well-being. Chicago nursing home abuse attorneys can help you review a comprehensive care plan to ensure you are setting up your loved one to receive quality care.
The comprehensive care plan must be constructed within seven days of the completion of the comprehensive assessment, required by law upon admission into a long-term care facility. The care plan is developed by the attending physician, a registered nurse, and other appropriate staff members in the facility.
The comprehensive care plan’s main goal is to avoid nursing home abuse. Illinois nursing home neglect can be difficult to prevent which is why many Illinois nursing home negligence lawyers are advocating for change. Understanding the guidelines for the comprehensive care plan is one step in protecting your loved ones and ensuring they receive quality care.
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December 4, 2009
Illinois nursing home neglect and abuse are hitting an all-time high in Illinois and throughout the United States. The effects of emotional abuse can be long-lasting and can dramatically affect the quality of life for nursing home residents. News accounts get increasingly disturbing and Illinois nursing home negligence lawyers cannot stress enough the need to help prevent all types of neglect and abuse.
Recently, a nursing home facility received a large fine after an investigation revealed numerous counts of emotional abuse. One resident was mocked for stuttering as a result of Parkinson’s disease. Another resident in the same facility received strangling threats from an employee. According to a Chicago nursing home abuse attorney, this particular home was severely short-staffed, and the employees who did work there were over-worked and burned out.
For-profit nursing homes are often notorious for keeping facilities understaffed and hiring inadequate nurses and aides. Putting a dent in their profits appears to be a greater concern than giving residents the level of care they deserve. Families who leave a loved one in a nursing home trust that their loved one will receive better care than they would receive at home.
If you or a loved one has been a victim of Illinois nursing home neglect or emotional abuse, contact a Chicago nursing home abuse attorney immediately. Nursing home residents often suffer emotionally solely from being in a nursing home. Emotional abuse on top of this already present difficulty is unacceptable.
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November 30, 2009
The National Citizen’s Coalition for Nursing Home Reform (NCCNHR) was formed in 1075 due to public concern about inadequate care in nursing homes. The NCCNHR is the outgrowth of work first achieved by advocates working for Ralph Nader and later for the National Gray Panthers. The main goal of the NCCNHR was to develop a platform of common concerns and to represent the consumer voice at the national level.
Illinois nursing home negligence lawyers work diligently to help protect victims and potential victims of Illinois nursing home neglect. Citizens with concerns about nursing home care need to take action and help support organizations like the NCCNHR to help strengthen the fight against neglect and abuse.
The main base for the NCCNHR is it’s 200 member groups with a growing individual membership of more than 1,000. Many of the original members had either witnessed or endured personal experiences with substandard nursing home conditions. Current members and subscribers comprise and caring coalition of local citizen action groups, state and local long-term care ombudsmen, professional groups, nursing home employees’ unions, legal services programs, religious organizations, family and resident councils and other concerned providers.
Chicago nursing home abuse attorneys support the work of the NCCNHR for providing information and leadership on federal and state regulatory along with legislative policy development. These models and strategies seek to improve care and quality of life for nursing home residents.
Preventing Illinois nursing home neglect is not a simple task. Our elderly citizens deserve to be treated with dignity and respect. If you would like more information about the NCCNHR, contact one of our experienced and knowledgeable Illinois nursing home negligence lawyers.
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