Chicago Trial Attorney Blog : Chicago Trial Lawyer & Attorney : Philip J. Berenz Law Firm : Business Litigation, Personal Injury

The Centers for Medicare & Medicaid Services ("CMS") has just launched "Nursing Home Compare" which provides quality ratings for each of the nation’s 16,000 Medicare and/or Medicaid-certified nursing homes. The rating system is a five-star system based on health inspection results, quality measures, and staffing levels and an overall rating is also provided. Visit the rating system here. CMS suggests using these ratings along with other information to get a true picture about any particular nursing home. 

The nursing home industry may be concerned about the system. According to one article, the rating results are as follows:

About 22 percent of the nation's nearly 16,000 nursing homes received the federal government's lowest rating in a new five-star system unveiled Thursday, while 12 percent received the highest ranking possible.

792 nursing homes in Illinois have been rated here. Families should take into account this information before sending a loved one to any Illinois facility but also review other sources of information to determine the level of care and attention loved ones should receive.

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A former nursing home director was sentenced to 19 months in prison and 3 years of probation for neglecting a 60-year-old woman. For the full article, click here. According to the article, the resident was in agony for 5 days before staff called an ambulance. Apparently, aides had dropped the resident while moving her into her bed. Unbelievably, the nurse waited 5 days before ordering X-rays:

despite multiple reports from different staffers that [the resident] was screaming or crying in pain.

The resident died after surgery. The family filed a $3.5 Million dollar civil lawsuit which has tentatively and confidentailly settled.

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A certified nursing assistant has been indicted for felony abuse of a nursing home resident in Jackson, Mississippi and was arrested Monday, December 8, 2008. For the full article, click here. According to the article, the attorney general noted that:

she struck the patient -- an elderly woman -- in the eye, causing pain and suffering...

Residents have rights to be free from such abuse and neglect. If your loved ones have suffered any such abuse or neglect, contact an attorney immediately.

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Some Illinois County coroners would like to see a new law requiring nursing homes to report every death for investigation into potential abuse or neglect. For the full article, click here. According to the article, the Illinois State Department of Public Health conducted a pilot project in 10 Illinois counties over the course of a year to determine whether a policy to investigate nursing home deaths by a coroner should be applied to all 102 counties in the State. However, the study has not resulted in any anticipated lobbying for new legislation. Notably though the study showed:

an 11 percent increase in nursing-home complaints filed with the state by coroners and all other sources.

Some counties have noted that such a law would require more funding, including Cook County, in which Chicago is located. The article pointed out that in large counties such as Cook, coroners and medical examiners look into nursing home deaths only after they receive complaints from family members or if criminal activity is suspected. This is where Plaintiff's lawyers step in--if nobody else has the funding or energy or responsibility for uncovering the truth of how nursing home residents are treated, a lawyer will.

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A recent article notes a critical shortage in nurses and nurse's aides in nursing homes. For the full article click here. The article notes that at a time when the population is aging and more people are entering nursing homes, care is short. According to the article, an American Health Care Association survey released just last month noted alarming statistics:

26 percent, or more than a quarter, of registered nurse positions in nursing homes were vacant on June 30, 2007. The survey found that 13.7 percent of certified nurses' aides slots -- about one in seven -- also were empty on that day. The national vacancy rate for nurses was 16.3 percent and for nurses' aides, 9.5 percent.

Your loved ones deserve proper care. Ask questions of the nursing home about the ratio of nurses to residents and nurse's aides. Ask about turnover. Ask about the shifts of the nurses and who is on duty and when. Residents are afforded many rights under the law--proper care is one of them.

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Sepsis is infection of the blood and according to at least one source, it is "a condition in which your body is fighting a severe infection . . . [that] can develop either as a result of your body's own defense system or from toxic substances made by the infecting agent (such as a bacteria, virus, or fungus)." Elderly individuals are more susceptible to acquiring sepsis. According to at least one source, many different microbes can cause sepsis and "[i]nfections in the lungs (pneumonia), bladder and kidneys (urinary tract infections), skin (cellulitis), abdomen (such as appendicitis), and other organs (such as meningitis) can spread and lead to sepsis." In addition, infections that develop after surgery can also lead to sepsis.

In the nursing home setting, it is important to recognize any symptoms of sepsis in your loved ones as noted in at least one source: chills and severe shaking, heart beating very fast and rapid breathing, confusion, disorientation, and agitation as well as dizziness and decreased urination, a rash on the skin (reddish discoloration or small dark red dots throughout the body) and perhaps pain in the joints at the wrists, elbows, back, hips, knees, and ankles. Some elderly individuals with certain diseases are more at risk than others. If you notice any of these symptoms, have your loved ones examined by a doctor immediately. 
 

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Two teenagers working at a nursing home were recently charged with abusing residents in a Minnesota nursing home and four others for failing to report the incidents. They were charged with poking, taunting and groping vulnerable residents according to the article in the Grand Forks Herald. Sadly, it was noted:

The Minnesota Department of Health released a report in August showing that 15 residents with Alzheimer's disease or other dementia disorders were abused at the facility between Jan. 1 and May 1.

Your loved ones deserve respect and dignity where they are living out the remainder of their lives. Interrogate staff and the nursing home management about the people who will be caring for your loved ones.

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