Negligent Nursing Home Care Led to Resident’s Death

A nursing home is required to provide proper care and is supposed to be a place of comfort and support for our older relatives. Many times, children feel they will not be able to give their parents the high level of care necessary to keep them happy and healthy in their twilight years. Yet sometimes, nursing homes fail us and our loved ones. One recent case demonstrates how a situation can turn tragic. A man has filed a lawsuit against a nursing care facility alleging negligent care led to the death of his mother. The lawsuit, filed in Cook County, seeks a judgment greater than $50,000.

Decubitus Ulcers

Decubitus ulcers are also called pressure ulcers and bedsores. They are skin wounds that occur when something repeatedly rubs on an area of the skin. Most often, bedding causes bedsores, but they can also happen when the skin is in contact with medical tubing or other items. The ulcers start as small yet painful red marks and can quickly worsen. It is imperative that caregivers check patients daily to ensure that bedsores are not forming.

Treatment of Pressure Ulcers

Neglectful Care Caused Nursing Home Death, Lawsuit Filed

Levin & Perconti attorneys have been chosen to represent the wrongful death case of a man who died due to neglectful care in a nursing home. The lawsuit names Manor Care of Palos Heights West, Illinois and affiliated companies including Manorcare Health Services, LLC doing business as HCR Manorcare, LLC, and Heartland Employment Services, LLC. The lawsuit cites that insufficient measures were taken to prevent injuries and that negligence led to the man’s death.

Deterioration of Health

Many factors can contribute to the deterioration of an elderly person’s health. One of the most common problems that may occur in nursing homes is the development of pressure sores. These pressure sores, also called pressure ulcers or bedsores, begin as small red marks in places where the body is in constant contact with the bed linens. The sores can quickly worsen, especially when they are not immediately treated. Pressure sores are an indication that inadequate care is being provided. These ulcers should not be allowed to develop because the patient should be repositioned more often.

$75,000 California Nursing Home Neglect Fine

file3451272140532How often does the California Department of Public Health fine nursing homes and assisted-living facilities for elderly patient injuries and deaths? When facilities do receive significant fines as a result of nursing home abuse or neglect, are those fines sufficient to protect other residents in the future? According to a recent article in the Los Angeles Daily News, the California Department of Public Health issued a $75,000 fine for a Southern California nursing home due to neglect resulting in a patient’s death.

Fatal Injuries Caused By Nursing Home Neglect in Canoga Park

As the article explains, Topanga Terrace, a nursing home in Canoga Park, was issued a $75,000 fine “after staff there failed to monitor a resident who kept removing his own breathing tube, resulting in death.” The patient needed a tracheostomy tube in order to breathe following a surgery in 2013. In addition to the use of the tracheostomy tube, the patient also “suffered from multiple illnesses including dementia, chronic respiratory failure, and tuberculosis.” Despite his medical needs, however, the facility did not have a treatment plan that included methods to prevent or deter the patient from removing his breathing tube.

Levin & Perconti Represent Victim in Nursing Home Neglect Case

Levin & Perconti has been chosen to represent the estate of a woman who died due to alleged nursing home neglect. The woman was a resident at Alden Valley Ridge Rehabilitation & Health Care Center when she fell and developed pressure ulcers. The injuries led to her death. The lawsuit states that the nursing home failed to provide proper care and was negligent. The plaintiff is seeking damages of more than $50,000 in a lawsuit filed in Cook County.

Nursing Home Neglect

Nursing home neglect consists of many different actions or lack of actions. When a nursing home accepts a patient into their facility they agree to provide proper care at all times. When they fail to properly supervise a resident it may result in injuries. Falls are likely the most common reason for injuries in nursing homes. When an elderly patient falls they may sustain broken bones and fractures more easily than a younger person. Serious injuries from falls may require medical treatment including surgery.

Inadequate Supervision in Nursing Homes

When we look for a place for our elderly loved ones to live we try to find the best facility possible. We trust that nursing homes provide residents with the care and supervision they need. Unfortunately that is not always the case. Inadequate supervision in nursing homes is one of the most common reasons for injuries. Residents can easily be injured when there is a lack of control by the staff.

Illinois Nursing Home Care Act

The Illinois Nursing Home Care Act is legislation that provides guidelines and rules that must be followed by nursing homes and residents. The rights and responsibilities are set forth and includes how nursing facilities must treat residents in their care. The legislation also includes how violations are to be handled as well as the complaint, hearing, and appeal processes. Once a nursing home facility approves a patient for residency they must provide proper care. This may include a number of different types of care including adequate patient supervision.

Signs of Poor Supervision

Inadequate Supervision in Nursing Homes

When we look for a place for our elderly loved ones to live we try to find the best facility possible. We trust that nursing homes provide residents with the care and supervision they need. Unfortunately that is not always the case. Inadequate supervision in nursing homes is one of the most common reasons for injuries. Residents can easily be injured when there is a lack of control by the staff.

Illinois Nursing Home Care Act

The Illinois Nursing Home Care Act is legislation that provides guidelines and rules that must be followed by nursing homes and residents. The rights and responsibilities are set forth and includes how nursing facilities must treat residents in their care. The legislation also includes how violations are to be handled as well as the complaint, hearing, and appeal processes. Once a nursing home facility approves a patient for residency they must provide proper care. This may include a number of different types of care including adequate patient supervision.

Signs of Poor Supervision

Revisiting Arbitration Agreements in Nursing Homes

William_Albert_Ackman_signatureFor more than a year, mandatory arbitration agreements have been illegal in California nursing homes. Instead, patients at facilities in San Diego can only be asked to sign voluntary binding arbitration agreements. Over the last year, the Centers for Medicare and Medicaid Services (CMS) has been working on a federal rule that would prohibit forced arbitration agreements in nursing homes across the country, permitting facilities instead to have only voluntary binding arbitration agreements (like those in California). Yet according to a recent article in The New York Times, even voluntary binding arbitration agreements can put a nursing home resident in a vulnerable position in relation to a facility. Should we be talking about banning all arbitration agreements if we want to ensure patients get justice when nursing home abuse happens?

No Legal Recourse for Harmed Patients in Arbitration?

As the article in The New York Times explains, federal rules concerning forced arbitration agreements in nursing homes will soon be finalized. However, are those protections sufficient to ensure that nursing homes are held accountable when nursing home abuse or neglect occurs? As a brief reminder, arbitration agreements—both those that are “forced” or required for a patient to enter a nursing home, as well as those that a patient agrees to voluntarily upon entering a facility—require patients and their families to settle legal issues “through private arbitration rather than through lawsuits.”

Nursing Home Failed to Provide Proper Care

When our loved one moves into a nursing home we trust that they will receive the best possible care. Many people prefer to have their relative live in a facility simply because of the added protection and supervision that it should offer over living alone. Yet sometimes, nursing homes fail to provide the care that they should. The result can be devastating when a serious injury or death occurs. One recent lawsuit was filed in Cook County against Countryside Nursing and Rehab Center and Extended Care Consulting, LLC. The lawsuit alleges that negligent care led to the death of a loved one.

Woman Sustained Injuries

In this case, the woman nursing home resident sustained injuries that consisted of pressure ulcers on her sacrum and heels. The ulcers worsened and over time and the woman later died as a result of the negligent care. Pressure sores are very common in patients who are confined to their beds. These patients need to be repositioned with help from nursing care providers. When they are allowed to remain in the same position for too long, pressure sores can form.

Dangerous Infection Caused Nursing Home Resident’s Death, Lawsuit

The administrator for a man’s estate filed a lawsuit against a nursing home alleging that their negligence caused or contributed to the man’s death. The lawsuit was filed in Cook County against Manorcare Health Services in Rolling Meadows, Illinois. The man lived in the care facility where he developed c-diff, a dangerous infection, and kidney failure. These medical problems contributed to his death. The relatives are seeking a judgment of at least $50,000 for damages.

C-Diff Infection

Clostridium difficile, also known simply as C. diff, is an infection affecting the digestive tract. There are thousands of types of microorganisms in a healthy person’s digestive tract and when an imbalance occurs it can cause illness or even death. C. diff is a type of bacteria that causes symptoms including diarrhea, abdominal pain, and loss of appetite The infection can become so bad that it is life-threatening. Older people and those with compromised immune systems are most at risk for this infection. When the infection worsens it can cause a hole in the intestine, which requires immediate emergency treatment.

Renewed Concerns About Staffing Ratios in Assisted-Living Facilities

file000356994816Allegations of Elder Neglect and Abuse Resulting in Patient Deaths

According to a recent report from The San Diego Union-Tribune, concerns about elder abuse and preventable injuries in assisted-living facilities in Southern California still loom large. A 2013 special report from The San Diego Union-Tribune highlighted the dangers of nursing home neglect in assisted-living facilities across the state, emphasizing that regulators needed to do more to address serious allegations including but not limited to: