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  Restrained individuals often feel humiliated or become depressed, withdrawn or agitated when freedom of movement is taken away from them.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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Illinois nursing home negligence lawyers are dedicated to protecting residents in nursing homes throughout the state.  Receiving news that a loved one has been the victim of Illinois nursing home neglect can be devastating.  You may know you need legal help, but aren’t sure how to go about consulting an attorney.

The best way to help a Chicago nursing home abuse attorney is to supply as much documentation as possible related to the neglect or abuse.  The following list includes suggestions on how to prepare prior to meeting with your attorney:

• Keep a diary or log of everything that happens
• Keep copies of any complaints made to the nursing home or government agencies
• Keep copies of the patient’s contract with the nursing home
• Collect any documents the nursing home sent such as incident reports, changes to policies or announcements
• Collect medical records for any treatment for any injuries
• Take note of any changes you or anyone else notices in the resident’s appearance, demeanor and speech

Protecting residents from Illinois nursing home neglect and seeking justice for individuals who have already been victims is imperative.  The relationship between you and your Chicago nursing home abuse attorney is critical.  Be honest and talk openly about any concerns or questions you have.

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In the previous post, Illinois nursing home negligence lawyers discussed Adult Protective Services (APS).  In this post they will highlight the ethical principles and practice guidelines for this important service.  APS strives to ensure the safety and well-being of elders and adults with disabilities from being mistreated, abused or neglected.  This service has protected many individuals from Illinois nursing home neglect.

APS has two main values which govern their actions:

1. Every action taken by Adult Protective Services must balance the duty to protect the safety of the vulnerable adult with the adult’s right to self-determination.
2. Older people and people with disabilities who are victims of abuse, exploitation or neglect should be treated with honesty, caring and respect.

The following list highlights guidelines of APS:

• Recognize individual differences
• Avoid imposing personal values on others
• Recognize the interests of the adult are the first concern of any intervention
• Involve the adult as much as possible in developing the service plan
• Honor the right of adults to receive information about their choices and options in a form or manner they can understand
• Respect the adult’s right to keep personal information confidential
• Seek informed consent form the adult before providing services
• Do no harm.  Inadequate or inappropriate intervention may be worse than no intervention
• Maintain clear and appropriate professional boundaries
• Use substituted judgment in case planning when historical knowledge of the adult’s values is available

A Chicago nursing home abuse attorney reports on the ethical principles of Adult Protective Services:

• Adults have the right to accept or refuse services
• Adults have the right to be safe
• Adults retain all their civil and constitutional rights unless some of these rights have been restricted by court action
• Adults have the right to make decisions that do not conform with societal norms as long as these decisions do no harm others
• Adults are presumed to have decision making capacity unless a court adjudicates otherwise

Despite the role Adult Protective Services plays in protecting adults in danger or neglect or abuse, many victims are still mistreated throughout the state of Illinois.  Nursing home negligence lawyers are dedicated to protecting our loved ones.  If you or someone you know has been a victim, experienced Chicago nursing home abuse attorneys are on your side.

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A little known but not uncommon cause of death to nursing home residents is entrapment in bedrails.  Bedrails are simple, metal devices designed to be helpful to residents who can use them to pull themselves up, prevent falls and prevent rolling out of bed.  Sadly, residents can get trapped between the mattress and bedrail, leading to serious injury or death according to Illinois nursing home negligence lawyers.

Many nursing homes in Illinois are unaware they are expected to report bedrail injuries.  Other nursing homes fail to report bedrail incidents for fear of legal liability and accusations of Illinois nursing home neglect and/or bad publicity.
Bedrail injuries and death can be prevented.  Chicago nursing home abuse attorneys can help pursue justice if you or a loved one has been the victim of this type of injury.  FDA guidelines exist, instructing nursing homes how to make calculations to ensure that beds are assembled correctly.

When bed parts (frame, rails, mattress) come from separate companies, assembly may be dangerous.  Frail residents are particularly in danger if they slip their arm or head into a gap.  When beds are constructed properly, risks to nursing home residents are much lower.

Bedrails by themselves are not an indication of an unsafe environment.  If you have a loved one in a nursing home, check for gaps between the mattress, bed frame and bedrail.  If your loved one has already been injured as the result of a bedrail, Illinois nursing home negligence lawyers can help pursue justice.

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Pressure sores, otherwise known as bedsores are a painful condition that can often be prevented with proper precautions.  Many victims are unable to complain about the discomfort or pain they are enduring and therefore can be an indicator of silent Illinois nursing home neglect.  Unless nursing homes are held accountable for this form of silent neglect, the disturbing rate of preventable bedsores in nursing home residents will continue to climb explains Illinois nursing home negligence lawyers.

A pressure sore or bedsore is defined as an area of injured tissue that develops when soft tissue is compressed between an external surface and a bony prominence for an extended period of time.  A resident can be affected from laying or sitting for a prolonged period of time.  The external surface can be a chair, wheelchair, bed or a different part of the body.  Pressure sores may develop in a variety of areas including the ankles, knees, head, spine, shoulders, heels, hip bone or lower back.  These painful sores are often a result of the nursing home failing to implement a plan of care explains a Chicago nursing home abuse attorney.

When the tissue dies, decay occurs as bacteria infects the tissue.  When the sore involves the decay of tissue, it is also known as gangrene, a very serious problem.  Residents suffer severe pain and a longer recovery period from other health problems.  When a bed sore shows redness, infection or inflammation, other organ systems may not function correctly.  Sepsis, lactic academia and hypotension are other common complications of this painful condition.

Illinois nursing home neglect tragically affects thousands of individuals throughout the state of Illinois.  Nursing home negligence lawyers are dedicated to providing justice to residents who have been victims.  Pressure sores can be life-threatening and every step should be taken to protect loved ones in nursing homes and other long-term care facilities.

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Medication errors in nursing homes are a serious situation that can result in a serious illness or even death.  We all make mistakes; however, in a nursing home, mistakes can end up costing a life.  Illinois nursing home negligence lawyers have heard many reasons and excuses as to why medication was mixed up, missed or administered incorrectly.  The following explanations are most often given when a medication error occurs:

• The staff member was new to the team
• The order was read wrong
• A problem with communication existed
• The staff member was exhausted
• The label was not clear

Medication errors are a sign of Illinois nursing home neglect and should not be tolerated.  Common errors occur when a staff member fails to give needed medication, or if he or she gives the wrong medication or wrong dosage.  Failing to give medication at the correct time is also a medication error.  Chicago nursing home abuse attorneys say failure to follow orders instructed by the resident’s physician is another common example of a medication error.

Medication errors can be the result of an understaffed nursing home, or carelessness of nursing home staff members.  Regardless of the reason, the result can be harmful or lethal to the resident.  Illinois nursing home negligence lawyers can help you seek justice if you feel a loved one has been the victim of a medication error in a nursing home.

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As discussed in the previous post, federal and state regulations exist for nursing homes throughout Illinois.  Nursing home negligence lawyers use sections of the Code of Federal Regulations when representing victims of Illinois nursing home neglect.

Abuse and neglect of a resident in a nursing home is a violation of federal laws.  Abuse and neglect can take place in a physical or emotional manner.  Many federal laws exist to regulate the nursing home industry.  The following laws represent some of the sections in the Code of Federal Regulations that govern nursing homes and help prevent Illinois nursing home neglect.

• Ensure that residents do not develop pressure sores and, if a resident has pressure sores, must provide the necessary treatment and services to promote healing, prevent infection and prevent new sores from developing (42 CFR 483.25).
• Care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident’s quality of life (42 CFR 483.15).
• Provide pharmaceutical services (including procedures that assure the accurate acquiring, receiving, dispensing, and administering of all prescriptions) to meet the needs of each resident (42 CFR 483.60).
• Promote care for residents in a manner and in an environment that maintains or enhances each resident’s dignity and respect in full recognition of his or her individuality (42 CFR 483.15).
• Ensure that the resident has the right to choose activities, schedules, and health care consistent with his or her interests, assessments, and plan of care (42 CFR 483.15).
• Maintain sufficient nursing staff to provide nursing and related services to attain or maintain the highest practicable physical, mental, and psycho-social well-being of each resident, as determined by resident assessments and individual plans of care (42 CFR 483.30).
• Develop a comprehensive care plan for each resident that includes measurable objectives and timetables to meet the medical, nursing, mental, and psychosocial needs identified in the comprehensive assessment. The care plan must be developed within 7 days after completion of the comprehensive assessment and describe the services that are to be furnished. In addition, qualified persons must review, and if necessary revise, the care plan prepared after each assessment (42 CFR 483.20).
• Provide, if a resident is unable to carry out activities of daily living, the necessary services to maintain good nutrition, grooming, and personal and oral hygiene (42 CFR 483.25).
• Ensure that residents receive proper treatment and assistive devices to maintain vision and hearing abilities (42 CFR 483.25).
• Provide appropriate treatment and services to incontinent residents to restore as much normal bladder functioning as possible and prevent urinary tract infections and to restore as much normal bladder function as possible (42 CFR 483.25).
• Ensure that the resident receives adequate supervision and assistive devices to prevent accidents (42 CFR 483.25).
• Ensure that a resident maintains acceptable parameters of nutritional status, such as body weight and protein levels (42 CFR 483.25).
• Provide each resident with sufficient fluid intake to maintain proper hydration and health (42 CFR 483.25).
• Ensure that the medical care of each resident is supervised by a physician and must provide or arrange for the provision of physician services 24 hours a day, in case of an emergency (42 CFR 483.40).
• Provide, if a resident is unable to carry out activities of daily living, the necessary services to maintain good nutrition, grooming, and personal and oral hygiene (42 CFR 483.25).
• Be administered in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident (42 CFR 483.75).
• Maintain clinical records on each resident in accordance with accepted professional standards and practices that are complete, accurately documented, readily accessible, and systematically organized (42 CFR 483.75).
• Conduct initially (no later than 14 days after admission) and periodically (after a significant change in the resident’s physical or mental condition and, in no case, less often than once every 12 months) a comprehensive, accurate, standardized, reproducible assessment of each resident’s functional capacity (42 CFR 483.20).
• Prevent the deterioration of a resident’s ability to bathe, dress, groom, transfer and ambulate, toilet, eat, and to use speech, language or other functional communication systems (42 CFR 483.25).

Contact a Chicago nursing home abuse attorney if you think a loved one has been the victim of nursing home abuse or neglect.  He or she will will be knowledgeable regarding elder law and federal neglect regulations all Illinois nursing homes must comply with.

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Illinois nursing home negligence lawyers regularly represent victims of abuse and neglect.  Many cases of Illinois nursing home neglect have stemmed from a lack of regulation or oversight.  The role of regulation, inspection and licensing is crucial for all nursing homes throughout Illinois to protect our loved ones from being victims.  Neglect and abuse is rising throughout the United States and regulations are needed now more than ever.

Illinois nursing homes are licensed, regulated, inspected and certified by numerous private and public agencies, both at the federal and state level.  The jurisdictions between agencies can be separate or can overlap according to Chicago nursing home abuse attorneys.  The Illinois Department of Public Health, the U.S. Department of Health and Human Services’ Health Care Financing Administration and the U.S. Centers for Medicare and Medicaid Services are a few of the main agencies responsible for enforcing regulations.

Each year the Illinois Department of Public Health receives nearly 19,000 calls leading to over 5,000 complaints being responded to by staff members.  Department surveyors conduct around 10,000 surveys which include annual licensure inspections, complain investigations and re-inspections.

In addition to inspection by the state, Illinois nursing homes are also members of national accrediting organizations like the Joint Commission on Accreditation of Healthcare Organizations.  These agencies independently inspect member facilities to assess performance and help prevent Illinois nursing home neglect.

Holding nursing homes accountable to federal and state regulations can help protect our loved ones.  Contact an Illinois nursing home negligence lawyer today for more information on licensing, inspections and regulations for nursing homes throughout the state.

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Illinois nursing home negligence lawyers discussed the tragedy of emotional abuse in nursing homes in the previous post and signs to watch out for.  In this post, dedicated nursing home abuse attorneys will offer additional information on types of emotional abuse and how to help protect your loved ones from Illinois nursing home neglect.

Emotional abuse can take place in a variety of ways.  Chicago nursing home abuse attorneys list the most common types of emotional abuse:

• Verbal degradation
• Verbal threats
• Emotional threats
• Isolation

Examples of verbal degradation include screaming or yelling at the resident.  Making sarcastic remarks or sarcastic remarks is also verbal degradation.  Verbal threats made by staff members are often used in an attempt to intimidate nursing home residents.  Examples include threatening a resident with physical violence if he or she wets their bed or telling a resident he or she will not be fed if he or she does not eat properly.

Emotional threats occur when a resident is threatened into keeping quiet.
For example, a nursing home resident sees a staff member abusing another resident. When the employee notices that the other resident has become aware of the abuse, he or she threatens to inflict abuse if he or she speaks out.  Illinois nursing home negligence lawyers explain how using emotional threats to silence residents is a huge reason many cases of emotional abuse and Illinois nursing home neglect go unreported.

Isolation occurs when a resident is placed away from other residents, family and friends.  Sadly, isolation is a common form of emotional abuse and also occurs when a resident is given the silent treatment.

If you or a loved one feel you have been the victim of any type of emotional abuse, contact a Chicago nursing home abuse attorney immediately.  Emotional abuse is unacceptable in any form and dedicated attorneys are diligent in preventing and also seeking justice for Illinois nursing home neglect.

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In the previous post, Illinois nursing home negligence lawyers discussed nursing home inspections and regulations.  In this post, the survey and inspection process will be discussed in greater detail.  Education about the nursing home system in Illinois is one way to help prevent Illinois nursing home neglect.

According to the Illinois Department of Health, Illinois has around two hundred surveyors.  These surveyors utilize a team approach when conducting inspections.  The team generally consists of a registered nurse, a nutritionist and an environmental health practitioner.  Some teams will use other professionals such as a life safety code expert.  If the allegation of the complaint is in a particular area, surveyors with expertise in that area will be used.

Surveys are generally conducted over three or four days.  All aspects of resident care, procedures and practices are evaluated.  The nursing homes are assessed for compliance for more than 1500 state and federal standards.  Some of the areas of care evaluated include:

• Health care services
• Dietary Services
• Housekeeping
• Resident rights
• Quality of care
• Staffing
• Quality assurance
• Assessment and care plans
• Access to care

According to a Chicago nursing home abuse attorney, the evaluation can also include an inspection of medical records, all areas of the nursing homes, observation of resident care and interviews with residents, staff or family members.  Statistical data reported by nursing homes is often used to assist the evaluation.  Information included in statistical data could be personnel changes, alleged or suspected crimes, fires, deaths, disasters, or other risks to resident life.

Nursing homes are inspected once every six to fifteen months.  An inspection in response to a complaint of Illinois nursing home neglect or abuse is generally shorter in duration than licensure surveys.  If additional issues are uncovered, a full inspection may follow.  Inspections are done without notice to the facility and may occur on weekdays, weekends and even holidays.  If the survey determines the nursing home does not comply with all state and federal standards, it will be cited for deficiencies.

If you have questions about surveys or inspections in Illinois, nursing home negligence lawyers can provide additional information.

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