Nursing Home Abuse

Cases of nursing home abuse and neglect are unfortunately an increasing problem in residential care facilities across the U.S. Experts believe that for every one case of nursing home abuse or neglect, about five more go unreported, but studies estimate that between one and two million Americans ages 65 years and older have been exploited, neglected, or mistreated by someone they depend on for care. As an Illinois nursing home abuse attorney, Ryan Bradley understands how devastating it can be for loved ones to discover that their relative or friend has been abused and how traumatic abuse or neglect is for the victim.

In order to help those who have an elderly loved one in a care facility prevent abuse, it is essential to understand the different types of abuse that may occur. Here is more information on four types of abuse that may occur in a nursing home:

1. Nursing home neglect: When the staff of a care facility neglect residents and do not fill their primary care duties, this is considered neglect. Examples include not providing residents with clean surroundings, over medication, not maintaining proper hygiene for residents, or deprivation of food and water.
2. Emotional and mental abuse: Any verbal or physical act that results in emotional suffering, pain, or anguish constitutes this type of abuse. This can include insulting, intimidating, or threatening residents, all of which cause emotional and mental distress.
3. Sexual abuse: Sexual abuse occurs when any type of sexual activity is carried out without the consent of the resident and is done to satisfy the abuser.
4. Physical abuse: Physical abuse, which can be in the form of hitting, slapping, shoving, or other physical action which causes harm, sadly occurs at the hands of those who are supposed to be providing care. Be aware of the signs of physical abuse, such as unexplained bruises, cuts, scratches, or broken bones.

When you find out your elderly loved one has been the victim of abuse, it can be extraordinarily upsetting and a confusing time for your family, but it is important to know you have legal rights. Chicago nursing home abuse lawyer Ryan Bradley and the legal team at the Bradley Law Firm are dedicated to protecting the rights of nursing home abuse victims and will work to hold at-fault parties responsible for the harm caused. To discuss your case with us confidentially, call (312) 252-1488.

According to The Examiner, Illinois State Representative Kelly Cassidy has introduced House Bill 5668, a legislative proposal to reduce IL nursing home neglect and encourage nursing home industry reform. An attendee of a recent press conference held to discuss the nursing home reform bill asserts that Illinois has one of the worst records of nursing home abuse in the country, and Cassidy states 35 percent of Chicago nursing home facilities fall below required staffing levels based on estimated care need, a number that is expected to increase by 10 percent in 2013.

The State Representative explains that 18 months after a landmark nursing home law was adopted in Illinois to increase staffing levels at elderly care facilities, the law is largely being ignored and unenforced. In order to push for legislative solutions to protect the elderly population and increase awareness about the state of nursing home care in IL, Cassidy is partnering with state nursing home reform advocates. An AARP Illinois official says the nursing home staff shortage triggers safety issues and undermines the dignity and daily care of residents.

The key elements of this new piece of legislation are:

• Require mandatory and immediate reporting of any incidents of elder abuse, neglect, and death to the state public health department;
• Require nursing home facilities to maintain liability insurance against resident abuse risk for at least $1 million per incident;
• Require changes of ownership of nursing home facilities to require a Certificate of Need, meaning any facility with serious violations will need to detail how they plan to stay in compliance; and
• Have the Long-Term Care Ombudsman program represent long-term care facility residents (including the elderly) and increase their staffing ratios.

With the increasing problem of nursing home care and abuse, entrusting the care of an elderly loved one to others can be a difficult decision. However, it is important to know that if a loved one suffers any kind of abuse in a nursing home facility, he or she has legal right to purse compensation for any injury or losses from at-fault parties. The nursing home abuse attorneys in Chicago with the Bradley Law Firm can use our years of experience to help you and your loved one obtain the compensation you deserve. Call (312) 252-1488 for a no-cost consultation.

The decision to send a family member to a nursing home is a very difficult one, and with the constant reports in the news of elder abuse, it can be frightening to entrust the care of your loved one to people you do not know.

For any Illinois resident faced with the decision of finding a nursing home for a loved one, it is imperative to do research on the facility.

The following are some tips that will help you better assess any nursing home you are considering sending a loved one to.

• Visit with residents: If possible, meet with current residents of the nursing home and, as you talk to them, take notice of their overall hygiene (if poor, it may be a sign of neglect). Also, if residents seem confused and unable to have a normal conversation, it may be cause for concern. It can also be very helpful to speak with family members of current residents to see if they have experienced any problems with the facility.
• Take note of smells: The residents of the nursing home and the halls and rooms should not smell of urine or feces; if they do, it may mean residents are not changed enough to avoid illnesses such as bedsores or urinary tract infections.
• Visit the facility at different times of day: This can help you see whether or not there is adequate staff at all times of day, not just in the morning when there is typically a high amount of available staff. Inquire about the number of nurses on duty at any given time and compare with the number of residents. Check the state’s licensure rules and regulations for appropriate staff to resident ratios.
• Plan a visit during meal time: Observing residents during meal time can show if the staff pays a suitable amount of attention to their elderly residents. Are residents, bedridden or not, receiving assistance with eating if they need it? Is the staff making sure their residents eat to receive their nutrition? Is the food cold?

Selecting an appropriate nursing home facility for a loved one can be very difficult, researching and meeting with residents and staff can help make the decision easier. However, instances of nursing home abuse and neglect are on the rise, especially with the recent cuts in nursing home jobs due to Medicare funding cuts.

If you believe your family member has been the victim of nursing home abuse or neglect, the nursing home abuse lawyers in Illinois at the Bradley Law Firm can help. Please call (312) 252-1488 for a no-cost consultation and to see how our law firm can help you.

In order to provide the proper care, nursing homes must be able to hire an appropriate number of care givers and to afford all required equipment and medications. This may not be possible for many nursing homes, however. According a WSIL TV news report, Illinois nursing homes and other care facilities are having a difficult time accepting the Medicare funding cuts that will be coming on October 1st of this year.

Due to a funding glitch, almost $2.1 billion was overpaid to for-profit nursing homes across the country. In order to correct this, Medicare is decreasing its funds rate by 11 percent for every U.S. nursing home. This is not good news to many Illinois facilities.

Illinois is the lowest paying state in the nation with regard to Medicaid nursing home funding, and so, many care facilities rely on federal Medicare funds to provide an appropriate level of care. In fact, one facility in Illinois was banking on Medicare funds to help them stay in the black after having designed a new rehab facility, which is set to open very soon.

Nursing home funding cuts can lead to under-staffing and poor quality care. Many nursing homes turn to medicating their residents instead of providing proper care when they do not have enough staff to tend to everyone regularly. Lack of funding is not an excuse for neglecting nursing home residents, however. If you or a loved one has been neglected or abused in an Illinois nursing home, the compassionate nursing home neglect lawyers in Chicago at The Bradley Law Firm can help you hold at-fault parties accountable for your suffering. Contact us today for a free confidential consultation at 312-252-1488.

Elder abuse is an under-recognized problem worldwide. According to the Administration on Aging (AOA), hundreds of thousands of older persons are exploited, neglected, and abused each year, physically, emotionally, and financially. In fact, elders across the U.S. have lost approximately $2.6 billion or more each year as the result of elder exploitation and financial abuse. Unfortunately, elder neglect, abuse, and exploitation can occur anywhere and to anyone, regardless of socioeconomic level, ethnicity, or culture; and, in most cases, it is never discovered.

For these reasons, World Elder Abuse Awareness Day (WEAAD) was launched by the World Health Organization (WHO) of the United Nations and the International Network for the Prevention of Elder Abuse (INPEA) on June 15, 2006, in order to educate and promote a better understanding of elder neglect and abuse through raising awareness of the economic, cultural, demographic, and social processes involved in elder abuse and neglect. Held every year on June 15, WEAAD is a call to action for communities to raise awareness and not turn a blind eye to the issue of elder abuse and neglect.

Elder abuse and neglect is a serious issue that can have devastating and even life threatening consequences. According to the National Center on Elder Abuse (NCEA), elder abuse is defined as “intentional or neglectful acts by a caregiver or ‘trusted’ individual that lead to, or may lead to, harm of a vulnerable elder.” Forms of elder abuse include: Physical abuse, emotional and/or psychological abuse, neglect, threats and verbal abuse, sexual abuse, abandonment, and exploitation. In order to protect loved ones from elder abuse and neglect in Illinois, one must be aware of the warning signs:

• Bruises, pressure marks, slap marks, certain types of burns;
• Malnutrition, dehydration, bed sores, lack of medical care, dirtiness, or poor hygiene;
• Unexplained changes in behavior or alertness, withdrawal from usual activities;
• Unexplained sexually transmitted diseases, bruises, or other violent marks around intimate areas of the body; and
• Sudden changes in wills, trusts, and financial accounts, as well as strange bank withdrawals and loss of property.

In order to help prevent further incidents of elder abuse and neglect in Illinois, a person should keep in contact with older friends, neighbors, and loved ones, be aware of abuse warning signs, and immediately report any suspected mistreatment to law enforcement or local elder abuse provider agency. The 24-hour Illinois Elder Abuse Hotline at 1-866-800-1409 is a valuable resource for reporting elder mistreatment.

The compassionate Chicago nursing home and elder abuse lawyers at The Bradley Law Firm help elders suffering from abuse and neglect in Illinois and their families hold at-fault parties accountable for the physical, emotional, and/or financial harm they have caused. Please call us today for a free confidential consultation at 312-252-1488.

Making the decision to put an ailing loved one in a nursing home is one of the most difficult choices a person can make. Finding a good nursing home in Illinois is also difficult, especially when many do not provide proper care to their residents, and may even abuse them. A new government report has determined that nursing homes nationwide are giving antipsychotic drugs to patients who should not be taking them, according to CBS.

The study has established that nursing home residents were given antipsychotic drugs unnecessarily more than 300,000 times between January and June 2007, with half of these unnecessarily given antipsychotic drugs being in excessive doses. In addition, 88 percent of the time Medicare paid for the antipsychotic drugs, they were given to nursing home patients who suffered from dementia. Antipsychotic drugs, such as Risperdal, Seroquel and Zyprexa, have never been approved for elderly patients with dementia. In fact, antipsychotic drugs, such as those previously mentioned, are given the FDA’s most severe warning of increased risk of sudden death for dementia patients.

Great concern has arisen concerning these unnecessary antipsychotic drug prescriptions. The Department of Health and Human Services (HHS) criticizes the likelihood that there are financial incentives for unnecessary drug use. On the other hand, though also concerned by the practice, a representative for nursing home medical directors believes that the excessive and unnecessary use of antipsychotic drugs is an “easy way” to cope with issues of under-staffing and inadequate training of employees. Regardless of why nursing homes are misusing antipsychotic drugs, giving incorrect medication to nursing home residents can cause serious illness, injury, or death.

CBS relates the story of a woman who had moved her father, who suffered from dementia, into a nursing home in 2005. Within days, she noticed dramatic changes in her father’s physical and mental condition and within weeks, he died. She discovered that the nursing home had given him antipsychotic medication.

Nursing homes, as with all healthcare facilities, are required to follow strict procedures and guidelines. They are expected to provide proper care to their residents, but, unfortunately, many do not. If you or a loved one has suffered from nursing home abuse or neglect in Illinois, the dedicated Chicago nursing home abuse attorneys at The Bradley Law Firm can help you exercise your legal rights and advise you on the right course of legal action for your situation. Call us today for a free consultation and to find out more about how you can get the compensation you deserve at 312-252-1488.

The elderly community is one of society’s most vulnerable groups of people. The decision to place a loved one in a nursing home or long-term care facility is a difficult one that requires a lot of research and trust. When an elderly person is placed in a nursing home, their family expects that their loved one will be properly cared for. However, that is not always the case. Nursing home neglect in Chicago and throughout the country is a serious problem, and unfortunately many incidents are unreported.

There are a few signs that family members should look for if they suspect their loved one is a victim of Illinois nursing home neglect. These signs include:

• Bedsores: These sores occur when a pressure builds up under the skin if a person is in the same position for too long, and can be fatal if not treated in a timely manner.
• Change in demeanor: If your loved one shies away when you try to approach them or exhibits fear, anger, or a negative change in their normal behavior, this could be a sign of elder abuse.
• Over-medicating: Sedating or over-medicating a patient without just cause.
• Sexual abuse: Some of the most serious incidents of nursing home abuse include sexual assault on the elderly. Ripped or bloody undergarments as well as bruising or lacerations around private areas should be reported immediately.
• Unexplained bruises or cuts: Bruises, teeth marks, cuts, or other injuries can also be a sign of elder abuse.

If your loved one has been subjected to nursing home neglect in Illinois, you would be well advised to contact the experienced Chicago nursing home neglect attorneys at The Bradley Law Firm. You worked hard to ensure that your loved one received the best care possible, only to later discover that your trust had been broken by a nursing home facility of staff member, and you deserve to know your legal rights. All negligent parties deserve to be held accountable to guarantee others don’t suffer. The lawyers at The Bradley Law Firm can help. To schedule a free consultation, call 1-800-360-5072.