Posted on May 20, 2021 in Nursing Home Abuse

Residents in a nursing home or other long-term care facility have a legal right to receive adequate care. The facility must be kept reasonably clean and safe. Staff must provide appropriate medical care and assistance with day-to-day activities like showering and eating. At no time may a resident be subject to neglect or abuse.

Sadly, not every nursing home meets these standards. When a resident is injured or killed as a result of substandard care or intentional abuse in a nursing home facility, the resident or his or her loved ones may file a nursing home injury lawsuit. Read on to learn about some of the most common types of evidence used to prove nursing home neglect or abuse in an injury or wrongful death claim.

Information About Nursing Home Staff

Staffing issues are some of the most common causes of nursing home neglect and abuse. Understaffing is rampant in U.S. nursing homes. When there are not enough staff to care for the residents, residents may suffer from skipped medication, missed meals, inadequate medical care, and insufficient assistance with daily living tasks. Staff work schedules, payroll documents, medical charts, and the nursing home staff log may all be evidence of understaffing. In addition, employment records and information about nursing home policies and procedures may demonstrate nursing home negligence in the form of substandard hiring practices.

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 Posted on May 06, 2021 in Physical Abuse

It is estimated that just under half of the U.S. population will live in a nursing home at some point in their lives. However, widespread issues like understaffing and inadequate staff training continue to plague care facilities across the country. Tragically, some nursing home residents are even intentionally harmed by the very people who are supposed to protect them. Research shows that elderly and disabled individuals living in long-term care facilities like nursing homes are at an increased risk of physical abuse as compared to those who live at home. If you suspect that your loved one was abused, do not wait to take action.

Spotting Nursing Home Resident Abuse is Often Difficult

Residents being slapped, punched, pinched, or otherwise intentionally physically harmed is a direct violation of state and federal law. No resident should have to put up with this type of mistreatment and the facilities that allow such behavior should be held accountable for these despicable actions. Unfortunately, the nature of many illnesses afflicting elderly people makes it hard to recognize when a resident is being abused. Dementia and other illnesses affecting memory and cognition can prevent residents from reporting abuse. False accusations of abuse may result from residents who become confused or paranoid due to Alzheimer’s disease and other medical conditions. Nevertheless, every allegation of abuse should be treated as if it were true and investigated thoroughly.

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 Posted on April 21, 2021 in Medication Errors

Nursing homes have a crucial responsibility to provide competent medical care. This includes ensuring that residents get the medications they need in the correct quantity at the right time. Failure to do so can lead to worsened medical conditions and even an avoidable resident death. If you or a loved one were the victim of a medication mistake in a nursing home, you might be curious about your legal options. You may be interested in holding the nursing home accountable for the error and pursuing monetary damages.

Elements of a Nursing Home Neglect Lawsuit

Most medication errors fall under the category of neglect. Nursing homes are held to high standards when it comes to medical care. Most residents are in poor health when they arrive at the facility. They may be on medications intended to alleviate pain, prevent blood clots, regulate blood pressure, treat infections, and more. Without these mediations, they may suffer severe or life-threatening consequences. Consider the story of one nursing home staff member who mistakenly gave a resident the drug vecuronium - a drug commonly used during lethal injections - instead of a common anti-anxiety medication with a similar name. The staff was charged with reckless homicide after the resident died from the medication error.  

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 Posted on April 14, 2021 in Neglect

According to the Stanford School of Medicine, about 20 percent of Americans pass away in nursing homes. While death is not uncommon in nursing homes, there are some instances in which a resident’s death is directly caused by nursing home negligence. If substandard medical care, poor living conditions, medical mistakes, neglect, or abuse causes a nursing home resident to die prematurely, the nursing home may be liable in a wrongful death lawsuit. The surviving loved ones may be entitled to compensation for economic damages such as funeral and medical costs as well as non-economic damages including their grief and loss of companionship.  

What is a Wrongful Death in a Nursing Home?

The loss of a parent, grandparent, or other loved one can be devastating regardless of the circumstances. However, some deaths are classified by Illinois law as “wrongful.” A wrongful occurs when:

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 Posted on April 07, 2021 in Wandering and Elopement

Nursing homes do not only provide important medical and daily living assistance, they also keep residents safe. Many elderly people suffer from declining cognition and reasoning skills. They may sometimes think irrationally or become confused. This mental decline is especially apparent in those with dementia or Alzheimer’s Disease. When a nursing home resident leaves a facility, they can get themselves into life-threatening situations. This is one reason that nursing home elopement is so dangerous.

State and County Officials Ask for Help Locating Missing Resident

The Illinois State Police recently issued an Endangered Missing Person Advisory for a nursing home resident who left the facility. 72-year-old Szymon Tomerski was last seen on April 2, 2021. Mr. Tomerski is a white male, approximately 5 foot, 10 inches, and 170 pounds. Officials indicate that Mr. Tomerski is a resident of a skilled nursing facility in unincorporated Maine Township in Cook County. As of this writing, the circumstances of Mr. Tomerski’s elopement from the nursing home are unknown, and he has not been located. The police are asking for the public’s assistance in finding the missing resident. 

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 Posted on March 24, 2021 in Nursing Home Abuse

If you have a relative in a nursing home, you probably worry about him or her often. You may wonder if your loved one is receiving the compassionate treatment and competent medical attention he or she deserves. Nursing home staff must balance keeping a resident safe and well-cared for with maximizing the resident’s independence and autonomy. Illinois law prohibits the unreasonable physical or chemical restraint of a nursing home resident.  

Physical Restraints Include Anything that Limits a Resident’s Movement

Nursing home residents deserve to have as much freedom as possible. However, safety concerns often prevent staff from giving unlimited autonomy to certain residents – particularly those with Alzheimer’s disease and other cognitive impairments. Residents who are not monitored may elope from the facility or become seriously injured by dangers in the facility. Nevertheless, physically restraining residents is seldom an acceptable solution. Physical restraints can include ties, vests, sheets that are very tightly tucked in, or other mechanisms that limit a resident’s movement.

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 Posted on March 17, 2021 in Neglect

Venous ulcers or stasis leg ulcers often occur on the legs on individuals with limited mobility or circulation issues. These wounds are not only painful and unsightly, they can also become infected and put the sufferer at serious risk of health complications. Nursing home staff should be watchful for the signs of venous ulcers when caring for residents. If a resident does develop a venous ulcer, the wound must be properly cared for. Failure to provide proper medical treatment to a resident suffering from venous ulcers can lead to dangerous infections and agonizing pain.  

Symptoms of Venous Ulcers

When circulation problems cause blood to pool in the legs, venous ulcers can form. Individuals who have varicose veins are at an increased risk of developing venous ulcers. Other risk factors include obesity, lack of physical exercise, and immobility. Keeping a nursing home resident’s legs elevated above his or her heart may help slow the development of venous ulcers. If the resident is able to do so safely, moving around and getting moderate exercise can also help prevent these painful wounds.

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 Posted on March 10, 2021 in Neglect

Nursing home residents rely on nursing facilities to provide the medical attention and daily care they need. Nursing home staff have a legal duty to provide reasonably skilled care. The Illinois Nursing Home Care Act is one of several laws that protect nursing home residents from abuse and neglect. While abuse is often easy to define, neglect is sometimes harder to pin down. Knowing what constitutes nursing home neglect is an important part of keeping your loved one safe and protecting his or her rights.

Nursing Home Neglect Can Take Many Forms

Some of the most common examples of nursing home neglect include:

• Medical neglect – When nursing home staff fail to provide sufficient medical care, residents may suffer from severe health implications. Medication mistakes such as skipped doses of medication or administration of the wrong medication, failure to recognize new or worsening medical concerns, and delaying medical care may all be examples of medical neglect.

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 Posted on March 03, 2021 in Sexual Abuse

Nursing homes should be safe havens for individuals who suffer from physical or mental impairments. While many nursing homes are staffed by compassionate and attentive employees, other nursing homes expose residents to neglect and abuse. One of the most disturbing forms of nursing home abuse is sexual abuse. If a nursing home resident suffers from sexual abuse, a civil action against the facility may hold the wrongdoers accountable and get justice for the injured resident.

Sexual Abuse May Be Perpetrated by Staff, Other Residents, or Visitors

Nursing home residents are some of the most vulnerable members of our society. Physical ailments reduce many residents’ ability to care for themselves and protect themselves against harm. Cognitive impairments from dementia or Alzheimer’s disease reduce residents’ ability to remember, communicate, and understand.

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 Posted on February 24, 2021 in Physical Abuse

There are over a million individuals currently living in nursing homes across the United States. Some nursing home residents suffer from physical disabilities, hearing and vision loss, and age-related illnesses. Others suffer from cognitive conditions such as dementia and Alzheimer’s disease. Regardless of their reasons for being there, all nursing home residents have one thing in common: the right to competent and compassionate care. When nursing homes employ staff who are not qualified to work in a long-term care environment, residents may suffer from neglect or even intentional abuse.

Underqualified Staff Members Can Make Dangerous Mistakes

Caring for elderly and disabled individuals is not an easy job. Residents may suffer from multiple physical and mental health complications and require a strict medication regimen. They may need help with daily living activities like eating and bathing. Many residents also need help getting to and from their beds and wheelchairs. When staff are not qualified to handle residents’ needs, the residents can suffer preventable injuries or even death.

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