Housing For Seniors

Our Illinois elder abuse lawyers were encouraged this week to read about steps taken by our neighbor to the south to further protect seniors affected by neglect and mistreatment. The Missourian reported that Missouri law targeted senior financial exploitation has passed another legislative hurdle. Specifically, the stateas House voted almost unanimously to move legislation that would make it a crime afor those with authority over an elderly person to take advantage of that personas state of mind for financial gain.a

The wording of the measure makes clear that it seeks to target individuals who have official control over a senioras actions, like those who have guardianship, a power of attorney, or other position of influence over a senioras finances.

The legislation has already been approved by the stateas Senate, and so the bill will now go to the Governoras desk. There is no indication yet as to the Governoras position on the measure. However, considering that there was widespread bipartisan support in both chambers, it would be surprising if the Governor had some issue with the legislation.

Our Illinois nursing home lawyers fully appreciate the problems associated with senior financial exploitation. This sort of misconduct is capable of occurring in nursing homes. There are many examples of aides and care workers who take advantage of residents for financial gain. That could include stealing outright or confusing residents into voluntarily departing with funds under false pretenses. In all cases it is reprehensible conduct that has to be rooted out.

Beyond the nursing home, elder abuse advocates consistently explain that this sort of misconduct is actually even more prevalent among seniors living in more independent situations. In some ways living in a nursing home is protection against this sort of abuse, because, in most cases, care workers have an eye on the senioras financial situation and can identify if there are any irregularities. Seniors living on their own often do not have those outside observers helping to identify potential exploitation.

That is why seniors living at home are the most likely to lose funds to those seeking to enrich themselves. On one end of the spectrum are random scams, where con artists contact the senior and try to get the senior to give up sensitive information or send money for fraudulent purposes. The scammers in these cases usually make large sums by taking relatively smaller sums of money from many different seniors.

On the other end of the spectrum are abuses targeted by this Missouri legislation. In these cases individuals gain the trust of the senior and put themselves in a position where they have some actual control or influence over all of a senioras finances. They then use that position to unfairly convince the senior to depart with their moneyaor steal it without the elder knowing what is going on.

It is this latter form of abuse that is particularly troubling, because it might involve an individual losing their entire life savings. In addition, it is always heartbreaking when the theft is perpetrated by someonealike a friend or family memberawho the senior trusted.

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Caring for the Ages reported this week on a new study that compared long-term hospitalization risks of seniors with dementia and those without dementia. The study was published in the Journal of the American Medical Association (JAMA). It involved following the health and medical care of a group of over 3,000 patients. Over time nearly 500 patients in that group developed dementia, leaving about 2,500 patients who did not develop the condition. The study compared information between those who developed dementia and those who did not. Those in this study did not live in nursing home at the start of the research; however the editors note that the principles are likely to apply to those in long-term care settings.

What did they find?

Our Illinois nursing home abuse lawyers were not surprised to find that those with dementia had a much higher risk of requiring hospitalization over an 8-year period. Nearly 86% of the dementia group ultimately needed some hospitalization during that time compared with only 59% of the group without dementia. When looking at more serious sudden emergencies (known as ambulatory care-sensitive conditions), the discrepancy was even more apparent. Forty percent of the dementia group had one of these episodes compared with only 17% of the group without dementia.

The researchers explained that many of the conditions which ultimately required ambulatory care were actually preventable. The most common conditions were urinary tract infections, congestive heart failure, and pneumonia.

The studyas authors were primarily focused on gathering raw data on total hospitalizations between the two groups. Honing in on possible causes of the discrepancy was not the main purpose. However, the researchers did offer some suggestions as to why those with dementia face higher hospitalizations.

They explained that the underlying conditions which give rise to dementia risk might also lead to a range of other consequences which ultimately require medical care in the hospital. For example, having a stroke increases the likelihood of dementia, and the stroke itself may increase hospitalization risk. Similarly, the conditions that develop ain the settinga of dementiaalike trouble swallowingalead to increased risk of complications like pneumonia.

In addition, the researchers mentioned that dementia aimpairs the ability to self-manage chronic conditions.a In other words, the actual cognitive consequences of dementia make it less likely that these individuals will be able to properly take care of themselves, leading to mismanagement of conditions which deteriorate to the point where close medical care is required.

Each Chicago nursing home neglect attorney at our firm appreciates that this type of research is further indication of the need for caregivers at these establishments to understand the particular vulnerabilities of residents with dementiaafailure to do so many be nursing home neglect.

In describing the lessons to be gleaned from this research one doctor explained that the new data amay help clinicians focus their differential diagnostic considerations and thereby permit proactive, early management for these conditions among patients with dementia.a In addition, the researchers explained that it is vital for caregivers to ensure the cognitive impairments of dementia are controlled. The best way to do this is for caregivers to develop close, consistent relationships with the seniors so they are best able to identify their unique habits and behaviors.

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The Illinois nursing home abuse lawyers at our firm were interested to come across an extended story from The Atlantic that delves into a range of issues affected nursing home care across the country.

The report details how care at most of these facilities remains institution-like. The author compared them to how asylums are run. All those who care about the well-being of our local seniorsaincluding the Chicago nursing home abuse lawyers at our firmahave long voiced concern about the overall lack of commitment to resident well-being. We firmly believe that it remains imperative for owners and operators of local nursing homes to ensure that senior residents are given opportunities to actually flourish as human beings, instead of merely being housed.

This latest article essentially echoes the same sentiments. Encouragingly it seems that many establishments are heeding the call and trying to shift away from institution-like care. The call for a aculture changea has been around for a decade and a half or more. However, observers explain that real efforts to change how care is provided at these facilities only gained any actual momentum in the last few years.

This reformed approach ais based on a belief in person-centered care, in which the values and wishes of nursing home residents and those working directly with them are seriously considered and honored.a

In practical terms, this requires many different changes. They include fostering closer relationship between residents, more empowered staff members, and an overall more welcoming environment. Part of this involves more closely incorporating family members in care plans. More specifically, there is a call for actions like allowing pets to have a home in the facility, creating more opportunities for residents to perform voluntary tasks/jobs in the home, and providing more open meal plans.

All of this can both ensure residents lives are improved as well as help limit instances of nursing home neglect rooted in failure to account for residentas overall well-being.

However, many challenges remain to full implementation of these efforts at facilities across the country. For one thing, some point to the complex federal regulations of nursing homes as a challenge. Of course, this is a double-edged sword. On one hand, it is vital that facilities not be able to skirt basic care requirements in order to maximize profits for owners at the expense of those living in the home. But on the other hand, paperwork details should not get in the way of ensuring the quality of life for seniors at these facilities is maximized.

The article author argues that aif we are serious about making nursing homes more comfortable and homelike, a review of existing regulations [a|] that impede culture change must be put in place.a

Our Illinois nursing home lawyers encourage everyone to read the entire article at The Atlantic to get a good idea of the complex issues involved in improving nursing home care overall. The story references the fear of nursing homes lawsuits. However, it is important to note that ensuring victimas access to the civil justice system is not inherently incompatible with reform measures at these facilities. Enacting real reform at these establishments requires a groundswell of advocacy from residents, their loved ones, and other concerned community members.

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As individuals age they often come to need a range of support to get by each day. Medical assistance is the most common need, as various ailments affecting seniors often necessitate close, even around-the-clock medical aid being available. Similarly, basic household support may be required. This is different than medical care in that is doesnat require technical healthcare skills. Instead, when mobility and physical strength is lost seniors might need help with personal grooming, household chores, and similar aid.

Our Illinois elder abuse attorneys know that there is still another type of help that seniors often need as they age: financial planning and organization. As we have repeatedly explained, senior financial exploitation is a growing and incredibly robust problem. It is a reminder that part of the aid that seniors receive as they age must include help with money matters.

A Monterey County Weekly story touched on the prevalence of cons of seniors. The article is helpful in that is reminds readers of the fact that the recent economic recession hit many seniors particularly hard. Retirees often saw their savings decimated as the value of stocks and other assets plummeted. This threw many seniors, often unable to work to increase their personal revenue, in very difficult financial circumstances. Many of these seniors have had a hard time meeting basic financial requirements, like mortgage or rent payments. Add to that the rising cost of medication and other healthcare bills and it is not an overstatement to say that some of the most vulnerable seniors have to choose between basic life necessities. Our Chicago elder neglect attorneys appreciate that no one should be forced to struggle in this way in their golden years.

All discussion of senior financial exploitation should be within that context.

For example, in some circumstances seniors may have faced this exploitation by their own banks. The article argues that some lenders tricked confused seniors into taking bad (or even unnecessary) loans. Many seniors were not aware of the fine details of those loans and some particularly unscrupulous lenders took no time to explain those details. One elder abuse lawyer summarized that athose folks who have worked really hard all their lives are looked at as really ripe for the unscrupulous part of the community to get their assets away from them.a

This sort of abuse occurs in countless ways. For example, some seniors are renting. They often end up paying rent to landlords who themselves have already gotten foreclosures for their own failure to make mortgage payments. Seniors then unknowingly enrich landlords who themselves are not even properly owning the home.

What is perverse about senior financial abuse is that the very reason that seniors are targeted is that theyave generally aplayed by the rulesa to save and invest their resources. Their hard work is the very thing that makes them ripe targets for those seeking to take their money. An important way to prevent all of this is to properly plan for potential incapacitation in old age. If a plan is in place for a senior to receive the support they need when they age then there is a far lower chance that they will be taken advantage of down the road.

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Our Chicago nursing home abuse lawyers work directly with seniors at long-term care homes and skilled nursing facilities. However, it is important to point out that elder abuse occurs in countless other locations, not just institutions or elder care communities. Sometimes the abuse outside of these spaces is very subtle and hard to catch. Usually, there is only actual accountability when the abuse boils over in some egregious circumstances.

For example, the Appeal Democrat reported last week on new elder abuse charges filed against a man for his abuse of an elder woman with which he apparently lived. The story explains how the 56-year old man in this case was arrested after an alleged physical assault on a 78-year old paralyzed woman. The details of the altercation are a bit murky, but alcohol-fueled anger appears to be at root of the problem.

The story does not indicate exactly what the living arrangement was, however the altercation was apparently based on disagreement over rent money. The man allegedly demanded that the senior woman return his portion of the rent money for that particular month. She declined, and this led to a more severe argument. Use of the homeas air conditioning may have played a role in the disagreement.

The man became more and more agitated; he eventually struck the woman several times in the face and forehead. Somehow the police were called to the home in the middle of this altercation or shortly afterwards. It was then that the man was arrested for his actions. Law enforcement officers noted at the time that there was a strong smell of alcohol on the manas breath.

Each Illinois elder abuse attorney at our firm understands that these sorts of physical outbursts are often only a small part of on-going mistreatment. Without speculating on the details of this particular case, it is clear that many seniors in these sorts of living situations are often victims of repeated mistreatment. For example, seniors in these situations are bullied in various ways by those in a position of power over them. When a senior lives with anotheraoften in situations where the other individual is supposed to provide daily support to the seniorathen the possibility of one taking advantage of the vulnerable elder are prime. This exploitation can take many forms, from physically hurting the resident (as in this case) to slowly skirting financial responsibilities (such as refusing to pay full rent).

Each locality has state and federal regulators who are responsible for investigating various allegations of mistreatment against seniors. But, regulatory bodies are woefully understaffed and rarely have the resources to fully ensure the fair treatment of all local seniors, both in nursing homes and those in other living arrangements. That means that the accountability should fall even more heavily on all of us who in any way are in a position to ensure that a local seniorafrom a family member to a neighboraare being treated properly. Little is harmed when one investigates further into potential harm. However, much can be lost when those suspicions are ignored.

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Financial exploitation of the elderly is likely the single most common form of elder abuse. Yet, much of this abuse goes unreported because it occurs in big and small ways on a daily basis. Our Illinois nursing home neglect lawyers know that like physical, sexual, and emotional abuse, the misconduct can be perpetrated by caregivers, strangers, friends, and even family members. It remains vital for good-intentioned outside observers to keep track of the seniors in their lives to ensure that none are taken advantage of by those seeking to make money at the expense of the senioras vulnerability.

We know that most local residents who the victimized by elder financial abuse will not have their wrongdoers held accountability.

Depressingly, it seems that sometimes this sort of abuse is only caught when it involves vast sums of money and high-profile cases. For example, as a new article at Investment News explains, many headlines were made in connection to the potential financial abuse of well-known New York socialite Brooke Astor. Many allegations were tossed about regarding the conduct of her son, Anthony Marshall and various other financial professionals involved in her affairs. Eventually, Mr. Marshall actually faced various criminal charges for this conductahe was sentenced to a prison term but remains free on appeal. In addition, his motheras last will was rejected in favor of the terms of an earlier will because the court deemed the final will was signed under suspicious circumstancesait left much more money and control of the family wealth to Anthony Marshall.

Similar to the Brooke Astor case, much attention was also focused on the case of Liliane Bettencourt. Ms. Bettencourt was the heiress to a huge fortune from the familyas LaOreal business. The total family fortune was estimated at $1.4 billion. However, there was much controversy as Ms. Bettencourt apparently tried to leave her entire fortune to her photographer. The womanas daughter petitioned the court for guardianship of her mother in later years, claiming that the woman was being exploited or otherwise confused. Ms. Bettencourt was diagnosed with Alzheimeras in her later years.

Of course, seniors with certain cognitive problems are particularly vulnerable to exploitation. The problems can take many forms. In high-profile situations with famous families and vast wealth, the dispute is often connected to wills and other inheritance issues. But that is just the beginning. Many other seniors are similarly exploited through complex scams, dubious loans, and sometimes outright theft.

Each Chicago nursing home abuse attorney at our firm understands the role that money plays as motivation in all forms of senior mistreatmentanot just financial exploitation. Even regular nursing home negligence is often rooted in the pursuit for profit maximization on the part of nursing home owners and operators. No matter what the form, seniors deserve to have their own money protected and to be treated with a proper level of care by all those charged with their well-being. Failure in this regard should be brought to the publicas attention with the wrongdoers held responsible. Only then can basic accountability mechanisms work to keep other seniors safe.

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According to the Madison-St. Clair Record a new Illinois nursing home neglect lawsuit has been filed in southern Illinois. The suit was filed by a former resident against a nursing and rehabilitation center in the area. The allegations made in the complaint suggest that the man was injured as a result of one of the most common types of negligenceainadequate supervision that lead to a fall.

Specifically the complaint filed earlier this month suggests that the man was sitting in his wheelchair at the facility while being left unattended. Unfortunately, the man fell from his chair, and as a result of the fall he claims to have torn the rotator cuff in his shoulder. Of course many seniors have a wide range of physical vulnerabilities, and so injuries that they sustain often have a domino-like effect on their health. Even when subsequent injuries are prevented, even relatively minor injuries can lead to severe pain, suffering, loss of mobility, and other long-term problems.

The legal documents filed by the resident in this case suggest that the nursing home was negligent in a range of ways. On one hand, the complaint suggests that had the man been properly supervised and protected, the fall from the wheelchair would not have occurred in the first place. In addition, the former resident suggests that the facility did not provide the senior with adequate medical care after the injury, complicating the problem and adding to the pain.

Each Chicago nursing home neglect lawyer at our firm appreciates that the issues raised in this suit are quite common across all Illinois nursing home neglect cases. Poor supervision is unfortunately an all too common form of negligence that leads to untold numbers of accidents and injuries at facilities across the area each day. The supervision problem itself can often be traced back to staffing problems. As weave often noted, many facilities simply do not have enough hired front-line care workers providing the actual hands-on support residents need to get by each day.

When a single care worker is pulled between dozens of residents with countless different needs it is far more likely that a resident will go unnoticed who should be watched. This is rarely the fault of the over-worked aide, however it is still a form a facility-wide negligence. The owners and operators of these homes must be held accountable for this sort of conduct that hurts residents.

Of course Illinois nursing home falls, like in this case, are perhaps one of the single most common forms of injury at these facilities. Unfortunately, a fall is often a catalyst that leads to other problems for the senior. For example, some individuals may become bed-ridden after the fallaeither permanently or temporarily. As a result, they come to rely on the help of front-line care workers even more. However, with understaffing those care workers often do not attend to their needs as closely as necessary. In those cases, the resident may not be properly re-positioned, could have nutrition issues, and is at risk of dehydration. All of those factors often cause pressure sores to develop.

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Sometimes it may seem like kicking a dead horse when our Chicago nursing home lawyers discuss the effect of low staffing on resident care. However, considering that so many facilities continue to be understaffedain fact, most areait remains important to continue the awareness about the consequences of not having enough staff members. All nursing home neglect attorneys can explain how failure to do so literally results in people dying who otherwise might still be alive.

Yet another study has reiterated the vital role played by having reasonable levels of front-line care workers at nursing homes. A story this week from Medicare Advocacy summarizes the findings. We have previously mentioned the underlying results of the study.

The research effort was conducted by experts at the Center for Retirement Research at Boston College. The analysis essentially sought to answer a question that had puzzled researchers in the past. When employment rates for the nation as a whole increase, why do mortality rates among seniors also increase? On its face it doesnat necessarily make much sense. Clearly higher employment in the country doesnat directly cause the deaths. However, there must be some other variable involved that correctly explains what is going on.

The researchers believe that theyave reached an answer. They noted that aan expanding economy generates a greater scarcity of front-line caregivers in nursing homes, which may cause more death among the elderly.a

In other words, the elderly death rate increased may be attributable specifically to those in nursing homes. Because care workers at these facilities often do not receive very high wages or benefits, many of those workers leave those jobs when the economy is doing well and better opportunities are available. This analysis seems to match with demographic data which shows increased deaths among elderly woman when unemployment rates decline. Women make up a far larger percentage of nursing home residents, and so they are more serious affected by these issues.

Amazingly, the researchers were able to reach pretty specific conclusions about how unemployment rates affect front-line care worker stats and then nursing home residentas health. Specifically they identified that for every 1% decline in unemployment rates there was a .4% increase in the mortality rate for older women.

Past research had identified how the overall employment rates effected employment of front-line care workers. These are the individuals who are actually working with residents day to day, providing them with all of their daily needs and in general keeping them safe. These front-line care workers are usually the ones who know each resident best, understanding their idiosyncrasies, risks, and unique needs. But these vital caregivers are not paid well, and they often leave for better jobs when the economy improves.

Our Chicago nursing home neglect lawyers know that when those workers leave it is the residents who suffer. This is true because the leaving workers are often not replaced or at least not replaced quickly. That means there are fewer eyes, ears, and hands providing a look-out to ensure all of the residents have the basic assistance they need. In addition, even when new employees are hired, there is often a learning curve with further negative implications for residents.

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The Denver Post reported this week on the end of a nursing home lawsuit in Colorado that resulted in a significant verdict for the family of a former nursing home resident. Unfortunately, the facts of that case mirror many that our Chicago nursing home attorneys have seen over the years of negligent care resulting in the deaths of unsuspecting seniors. It is yet another reminder of the continuing need to hold these homes responsible when their mistreatment causes pain, suffering, and injury. These facilities are unlikely to make the necessary changes on their own.

According to the story, the family of an 88-year old man alleged that poor care at the home led to his death. The resident entered the facility in May of 2009. He was suffering from Parkinsonas but still maintained much independence. He worked as a janitor at the home and was capable of walking on his own.

However, the family claims that he soon began suffered from a bedsore. The wound sapped his health, making him bedridden. He then stopped eating and drinking. The family argued that the facility did not provide proper care to prevent or treat the wound, and so it expanded. Other bedsores developed. One was so severe that it was the size of a baseball.

The family did not know of the problem until one aide confided in them that he thought the wounds were very severe. The aide explained that he was worried about getting fired, however, he spoke out because he was afraid that the man was going to die. Obviously, the family took immediate action and demanded that the man be taken directly to the hospital. Yet, the facility apparently protested. They claimed that the man could be cared for at the nursing home. The family eventually forced the man to be taken to the hospital where, on top of the bedsores, doctors found that he was dehydrated and malnourished. The man died shortly after, and the doctoras linked his passing to the bedsores.

The family filed a nursing home neglect lawsuit and the case went to trial. The trial recently ended with a jury reaching a verdict for the family. They awarded them $3.2 million for the harm.

If you or a loved one may have been hurt in any way by mistreatment at these facilities, please remember that you have options. Our Illinois nursing home neglect attorneys are available to help families who suspect that they did not receive adequate care at a local nursing home.

The law demands that these care facilities meet certain requirements in the way that they provide for the residents who depend on them. Quite often those legal requirements are not met. In fact, some argue that there is an epidemic of poor nursing home care. However, the skirting of the law continues, because most hurt donat actually come forward and press for their rights. That is why we continue to urge those affected in these ways to ensure accountability. Not only does this provide redress for the losses in your particular circumstances, but is also helps all other residents at the facility. You can be sure that there is rarely just one victim at a negligent homeamistreatment affects many seniors. However, even if just one of those hurt steps up, changes can often be demanded which will affect every senior in the facility.

It is important to remember that there are statute of limitations rules that apply to these cases. That means that there are time limits for filing suits. Do not delay; reach out to a legal professional today.

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The Presidents of the Illinois Trial Lawyers Association, Jerry Latherow, recently had an article published in the State-Journal Register discussing the merits of the civil justice system in our state. Unfortunately, when the civil justice system is discussed in a public way these days it almost always has to do with tort reform or otherwise critical attacks on the supposed harms caused by the civil law. Our Illinois nursing home abuse lawyers have helped many local residents seek fairness and accountability by using that system. We all should be proud of the way the justice system in our country affords all those hurt by others the right to a level playing field no matter how big or powerful the other side.

Yet, those big interests who are held in check by the civil justice system are constantly working to undermine the system. Each Chicago nursing home neglect lawyer knows that this includes big nursing home companies who try to shirk responsibility for the harms caused when inadequate care is provided to seniors at these skilled nursing facilities. Without the protections afforded by the civil justice system, these facilitiesaalready driven by profitsawill have even more reason to make policies to pad their own pockets. The care of the vulnerable seniors who depend on that care will only be made worse as a result.

Attorney Latherow echoed those thoughts in the recent article, explaining how the civil justice system demands fairness, accountability, and increased safety in so many areas. He noted the many recent headlines that suggest how big interests can cause harm to so many community members, from massive car recalls and prescription drug problems to financial institutions that leave consumers in difficult positions.

It is essentially uncontested that corporations are always driven by profitaafter all, that is what business is all about. However, it is absolutely essential that that drive for profits not leave vast swaths of the community hurt in the process. This includes vulnerable nursing home residents who count on their facilities not to provide substandard care in order to make more money for shareholders.

Federal and state regulators do not have anywhere near the resources to ensure that the appropriate standards are upheld to protect consumers. The civil justice system fills in the gaps. As the article explains, aEach American has the constitutionally protected right to hold those who harm them responsible, whether it be another person or a large corporation. We are afforded this right in a civil court.a

Most community members understand how this plays outaboth sides of the issues are given an opportunity to explain what happened and a jury of other community members makes a decision. Yet, this right is under attack. Big interests, including nursing home companies, the insurance industry, pharmaceutical companies, big tobacco, and others are trying to limit access to the jury and then limit what the jury can decide. Each Chicago nursing home abuse lawyer at our firm believes that we must stand up against these invidious attacks on a bedrock system of justice in our country. Fairness, safety, and responsible must be defended.

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Last week the state of Illinois revoked the license of a long-term care facility which has long been the site of Illinois nursing home neglect and abuseaHillcrest Nursing and Rehabilitation Center. Each Joliet nursing home lawyer is intimately familiar with the misconduct at this home. Our attorneys have helped families whose loved ones were hurt when they did not receive the care to which the law demands at this facility.

Now it seems that the state public health officials have decided that the level of care at the facility has been deficient for too long. In a recent Sun Times story, the Illinois Department of Public Health confirmed that the troubled facility was scheduled for decertification from the Medicare program on April 1st. The vast majority of local nursing home residents, particularly those at chronically negligent homes, have the care paid for by Medicare. That is why many facilities cannot continue to operate without being part of the Medicare program. They usually must close when they lose the right to participate in the program.

Our Joliet nursing home abuse lawyers know that there have long-been complaints about the care at Hillcrest. Last month the stateas public health department investigated the facility after ten different complaints were filed by residents who transferred out of the period during a single week in March. The residents were allegedly transferred without any regard to the wishes or preferences of the residentas or their families.

This transfer issue was just the latest of many complaints about conduct at the facility. For example, previous allegations suggested that one younger resident sexually, physically, and mentally abused nearly two dozen other residents at the home. The shocking allegations included claims of the resident sexually exposing himself and threatening residents with a weapon if they reported his conduct.

One of our Illinois nursing home neglect lawyers, Steven Levin, was interviewed for the story on Hillcrestas closure, because of the firmas experience with these exact cases. Attorney Levin summarized the long-term problems at the facility by explaining that aAs long as ten years ago that home had difficulty preventing residents from injuring other residents. Theyave had a very spotty regulatory record that is filled with incidents of neglect and, frankly, itas about time that the state and federal government took the appropriate action to shut that home down.a

Unfortunately, closures of homes that provide chronic mistreatment are few and far between. Of course, there are many different issues involved in potential facility closures. For example, even in this case, the mayor of Joliet explained that he intervened to try to get the stateas health department to allow another inspection of the home before closureaessentially trying to get the facility yet another chance to shape up. The Mayor noted his concerns about the jobs that may be lost as a result of the closure.

There are undoubtedly a range of economic issues tangled in these decisions. Yet, at the end of the day it has to come down to proper levels of care being provided at these homes. If senior care facilities are not properly caring for seniors, then the facility has to be shut downathe fact that there are employees at the facility cannot dictate the decision.

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That state of Illinois is in a financial pickle. For quite a few years policymakers in Springfield have been trying to better ensure the state lives within its means. The basic problem is something that all local residents understandathe state is paying out more money than it is taking in. When it comes to state government, the revenues come from a range of taxes, including state income and sales taxes. The expenditures include a wide range of government issues but some of the largest portions are things like payment for state employee pensions and healthcare costs for those using Medicaid.

Our Illinois nursing home lawyers appreciate that local seniors have a lot at stake when it comes to these issues. Proposed cuts to balance the budget and fix the stateas financial mess will undoubtedly affect many seniors. At the end of the day, certain changes might have to be made to ensure that the government remains solvent. Yet, it is vital that when all of the pros and cons of each cut are considered, the rights of vulnerable nursing homes be considered fairly.

A story last week from the Quincy Herald-Whig discussed certain proposed cuts and the effect that it might have on the stateas seniorsaparticularly how it might increase the prevalence of Illinois nursing home neglect and abuse.

The article explained how various nursing home employees picketed last weekend informally as a protest against the Governoras proposed cuts to Medicaid. Those cuts would impact long-term care throughout the state. As one protested explained, aThis could have devastating effects. It could cause some nursing homes to close.a

The proposal which sparked the outrage would eliminate $2.7 billion from state Medicaid payments. Of that total, about $237 million would be cut from funds that otherwise would have gone to state nursing homes. In addition, the Governor is hoping to lessen some of the damage from cuts by increasing the tax of each pack of cigarettes by $1.

The financial problems are twofold. Not only are current proposed expenditures far higher than we can afford, but there is already a backlog of unpaid bills. The stateas Comptroller recently reported that, amazingly, the state already has about $5.5 billion of bills that remain unpaid. These represent things that have already been purchased. However, that figure may actually be an under-accounting. When other state office bills are taken into account, the state may actually have about $9 billion in unpaid bills. Unpaid Medicaid payments are a large part of those overdue invoices.

Each Chicago nursing home neglect lawyer at our firm appreciates that these issues have very real effects on the lives of nursing home residents. For example, one nursing home aide reported that the state is already seven months behind in payments. The money shortage translates into day-to-day issues for these facilities, affecting things as simple as purchases of adult diapers and other necessary supplies. We understand that there are no easy options with these money issues. Yet, at the end of the day, the proposals have to be fair and honest. Vulnerable seniors need to have a voice in the processaeven if not their ownato ensure that their issues are heard by policymakers.

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Nursing Home Advocates Stand Against the aBalanced Budgeta Amendment

The nationas leading organization advocating directly on behalf of the countryas seniors has recently joined a nursing home neglect lawsuit related to the facilityas dangerous drug use. The underlying issue is one that each Chicago nursing home neglect lawyer at our firm frequently rails against: antipsychotic drug prescriptions. The class-action lawsuit specifically alleges that nursing home officials gave the powerful drugs to residents without the senioras informed consent or that of their family members.

The California lawsuit claims that the stateas regulations were violated by the facilityas drug policy. In particular the law requires a nursing home to get consent from the appropriate party and to verify that the doctor giving the prescriptions has explicitly received that consent. However, attorneys in the suit claim that the defendant-doctor did not actually obtain the consent himself but instead relied on nursing homes to do it. This short-cutting would have been a violation of the law enacted to keep residents safe from unwanted medical intrusions.

The situation is actually two separate suits, one against the nursing home and one against the doctor. A nursing home neglect attorney working on behalf of the injured residents and their families explained that aThe nursing home is literally the one that is putting the pill in the mouth and they are doing it without permission.a

There have been other class-action lawsuits around the country related to antipsychotic drug use. Yet, this is one of the first in which the AARP has intervened. The organizationas involvement will likely ensure resources are properly put into the effort, perhaps setting an example to other facilities throughout the country to change their protocol to ensure laws are followed and resident well-being is prioritized.

Of course this particular suit is related to an issue that is growing in important throughout the country. Our Illinois nursing home neglect lawyers frequently discuss the local residents whose lives are adversely affected by unnecessary or downright dangerous prescription drugs. Antipsychotics are popular among some because they may make residents easier to controlaa form of chemical restraint that has serious ramifications of the quality of life of these seniors.

Of particular importance is the need to ensure residents with dementia or Alzheimeras do not receive the drugs unnecessarily. Beyond simply affected these residentas ability to engage with others around them without drug effects, for residents with degenerative cognitive conditions, the drug use may actually increase risk of death.

Consent issues are commonly implicated by this dangerous drug use. Because of the vulnerable nature of the residents, there is somehow a misunderstanding that being in a nursing home means that residents automatically consent to having drugs administered or in other ways lose some basic rights to make decisions about their own care. That is not the case. Seniors and their families are not ceding basic rights related to medical decision-making when they pay a facility to provide care to a vulnerable senior. When those consent rights are violated, the family members have the ability to hold the facility accountable for their misconduct.

See Our Related Blog Posts:

Medication Errors Pose Particularly Serious Risk to Seniors

Steve Levin Interviewed For Story on Antipsychotic Drug Use in Nursing Homes

The high school baseball playoffs resume Tuesday with the quarterfinals. Here are the most intriguing matchups by classification:

AAAAA a Parkview defeated Hillgrove in the 2011 state-final series. The rematch is this week. Parkview (25-5) has virtually the same team, while Hillgrove (23-7) graduated eight seniors who signed baseball scholarships, but both won region titles and have unbeaten pitchers at the top of the rotation. For Parkview, they are Matt Olson (11-0, 1.24 ERA) and Jesse Foster (9-0, 2.41). Theyall face Hillgroveas Chase Adkins (8-0, 1-04) and Tyler Graham (4-0, 1.54).

AAAA a Defending champion Marist (18-3-1) heads to No. 1-ranked Greenbrier (26-2) as the underdog. Marist is almost completely remade this season and fields only one senior starter in Griffin Davis (.362, 33 RBI), a Furman signee. Greenbrier is led by Georgia Tech-bound pitcher Jordan Hunt.

Marist is accustomed to being in the state baseball quarterfinals, but the defending champions of Class AAAA are more grateful than usual this season.

A team that endured a 4-8-1 start after graduating 15 seniors, Marist defeated Mundyas Mill of Jonesboro 3-1 in the deciding third game of a second-round state playoff series Thursday at Maristas Jerry Queen Field.

Trailing 1-0 in the fifth inning, Marist (17-13-1) scored three runs without hitting the ball out of the infield, then got three scoreless innings of relief from Sean Guenther (6-4), who returned a day after getting the win in Game 2.

aaThis team has had tremendous patience with me,aa said Marist coach Mike Strickland, referring to the uneven start, albeit against a difficult schedule. aIt took me a while to figure things out. Itas not on the kids. Itas up to the coaches. Now weare moving in the right direction.aa

Homestanding Whitewater controlled its Class AAAA second-round game against Kell from the outset and erupted for four second half goals Wednesday, winning 5-0 and earning a spot in the state quarterfinals. A

Top-ranked Whitewater (16-0-1) missed enough first-half chances to generate uneasiness from the home fans, but Kell (14-5-1) was never allowed to mount an offensive push.

Junior Teegan Van Gunst scored a hat trick for the Lady Wildcats, who got one goal each from Taylor Marks and Savannah Jordan.

First-half shortcomings aside, it was complete domination by Whitewater, which fell in penalty kicks to cross-town rival McIntosh in the 2011 state final, a setback that has stayed fresh in the minds of the Lady Wildcats.

aWeave got eight seniors on this team and they really felt like they had it in their pocket last year,a said Whitewater coach Randy Hayes. aTheyave talked a lot about coming back to take it this year.a

The first round was easy pickings for most region champions in the Georgia high school baseball playoffs. Only five No. 1 seeds out of 41 were eliminated.

It will get tougher Wednesday, the start of the round of 16. Hereas a class-by-class look at it.

AAAAA