New Illinois Law Increases Access to Nursing Care Services

The Illinois Legislature recently adopted a law sponsored by State Representative Sara Feigenholtz of Chicago aimed at increasing home care services for senior citizens who might otherwise needlessly be placed in residential nursing homes. Illinois's Community Care Program (CCP) currently provides home-based services to approximately 85,000 elderly Illinois residents. According to the Lincoln Park Patch, the reforms focus on "implementing inter-agency data sharing, shifting to a managed care model for some seniors, applying for enhanced federal matching funds, improving Medicaid enrollment and processing, freezing rates at exiting levels, and implementing more stringent personnel policies."

The primary purpose of the new law is to provide the most cost-effective services to the greatest number of Illinois's elderly residents as possible.  Representative Feigenholtz explained, "Home care for senior citizens is one of the most cost-effective programs in the state of Illinois . . . . [T]he state can provide CCP for four seniors at the same cost of caring for one person in a nursing home."

Illinois Nursing Home Abuse and Neglect Attorney Michael Keating supports the Illinois Legislature's efforts to avoid placing senior citizens into residential nursing homes before such intensive care is reasonably required. Home health care has the obvious benefit of allowing individuals who are able to participate in their own care to do so in the comfort and familiarity of their own home, while also preventing individuals who require nursing home care from dealing with the burdens of overcrowding. As a nursing home's population increases, the quality of care provided to each individual resident almost inevitably decreases. In extreme cases, overcrowding and inadequate staffing can result in the neglect, or even abuse, of nursing home residents. Therefore, increasing the availability of home health care is not only cost effective but also increases the quality of care provided to elderly individuals living independently and in nursing homes.

If you have a question about this post, or any other issue related to Illinois personal injury law, please contact Mike Keating at Keating Law Offices by calling 312-208-7702 or emailing MKeating@KeatingLegal.com, 24 hours a day, 7 days a week. All phone calls and emails are returned promptly. All initial consultations are free and confidential.

Could Medicaid Funding Cuts Lead to More Cases of Nursing Home Neglect and Abuse?

Recent Medicaid cuts affecting nursing home recipients have restricted access to dental, vision, and podiatry care. For instance, routine dental services are generally no longer covered by Medicaid. Instead, Medicaid recipients usually only receive emergency dental services. Without Medicaid funding, nursing homes must attempt to provide these vital services to their residents privately, rely on financial help from residents' family members, or neglect their residents' medical needs. This raises a troubling issue: If resources at nursing homes are even further depleted, could this lead to even more cases of nursing home abuse and neglect?

A group in Chicago hopes that question doesn't have to be answered. An estimated 300 nursing home supporters gathered at the Thompson Center to protest existing and potential future cuts in Medicaid funding affecting a number of elderly nursing home residents. Pam Comstock, the executive director of the Health Care Council of Illinois who explained, "Our seniors are elderly and sick and they can't get in their cars and go to Springfield or come down to [the] Thompson Center to talk to anybody, so that's why we're joining our voices to give them a voice." Staff members of several Chicago area nursing homes attended the protest. 

In addition, protesters asserted that the state has failed to properly reimburse Illinois nursing homes for Medicaid services already provided to nursing home residents. Demonstrators estimated that the state owes Illinois nursing homes approximately $400 million for previously provided Medicaid services, while the state estimates that this amount is closer to $210 million. Regardless of the specific amount owed, it is clear that Illinois nursing home are not receiving the funding they are owed for services their residents are entitled to under Medicaid coverage.

This combination of recent Medicaid funding cuts, potential future Medicaid funding cuts, and significant outstanding reimbursements renders it unlikely that Medicaid recipients living in nursing homes are receiving proper and adequate care. In addition, the inevitable financial strain on nursing homes created by these circumstances likely affects the quality of care provided to all nursing home residents, as nursing homes attempt to budget around Medicaid's shortcomings. In the most extreme of circumstances, underfunded nursing home care may result in staffing deficits which lead to the neglect, or even abuse, of nursing home residents.

If you have a question about this post, or any other issue related to Illinois personal injury law, please contact Illinois Nursing Home Abuse and Neglect Attorney Mike Keating. You can contact Mike by calling 312-208-7702 or emailing MKeating@KeatingLegal.com, 24 hours a day, 7 days a week. All phone calls and emails are returned promptly. All initial consultations are free and confidential.

Attorney Michael S. Keating Honored by "SuperLawyers" and "Chicago" Magazines

For the third straight year, Attorney Michael S. Keating of Keating Law Offices, P.C. in Chicago, Illinois has been named to SuperLawyers Magazine's annual list of "Rising Stars."

Mr. Keating was previously named a "Rising Star" in 2011 and 2012. Only 2.5% of the Lawyers in the State of Illinois are named to this list which will be published in the annual edition of Illinois SuperLawyers Magazine and in the February 2013 edition of Chicago Magazine. Mr. Keating has also been named to the "40 Under 40" list of top young trial attorneys in Illinois by the National Trial Lawyers Association.

Mr. Keating was nominated by fellow attorneys and that nomination was reviewed by an attorney-led research team that reviews the credentials of potential candidates and assigns points based on a set of defined evaluation criteria. The point totals from the general survey and research process are then added to arrive at a final tally.

Mr. Keating practices with the Chicago-based firm of Keating Law Offices, P.C. which he founded in 2008. The firm concentrates its practice on personal injury and wrongful death cases stemming from transportation negligence, nursing home negligence and abuse, medical malpractice, premises liability and product liability. Keating Law Offices, P.C. may be found on the internet at www.KeatingLegal.com. The firm is located at 79 West Monroe, Suite 1024 in Chicago, Illinois. Phone: 312-239-6787.

The Annual Inspection Process of Illinois Nursing Homes

Deciding that a family member or loved one would be better off living in a nursing home or other type of long-term care facility is a difficult process. When you entrust your loved one to the care of a nursing home or long-term care facility you expect that they will be treated with respect and dignity in a safe environment. Lots of careful research goes into selecting the facility or home that will best serve the health, physical and emotional needs of your loved one.

Unfortunately, there are some facilities that continue to violate their legal and ethical duties to take care of their residents. The state of Illinois has many safeguards in place to protect the rights of residents and patients of long-term care facilities, such as nursing homes. All Illinois nursing homes must be properly licensed and certified to remain in operation. One of the most important tools in protecting residents is the annual inspection process that all Illinois long-term care facilities must pass in order to maintain their license. Both these inspections and the licensing process as a whole provide an important opportunity for concerned family members, and residents themselves, to bring attention to any problems in a facility or nursing home. Problems may include unsafe physical conditions, substandard medical treatment, or specific incidents or abuse or neglect towards residents.

The annual inspections of Illinois nursing homes and other long-term care facilities are conducted by trained teams of health care professionals from the Illinois Department of Public Health. The purpose of the inspections is to make sure that the facilities are in compliance with all applicable Illinois and federal laws. Facility compliance with these laws also makes it less likely that residents will be the victims of abuse or neglect while living there. The inspections are unannounced and facilities are given no warning so that they cannot attempt to hide or suddenly fix any problems. The inspectors stay in the facility for three to four days and gain a feeling of what the facility's environment is like for residents on a day-to-day basis.There are specific rights that residents, and residents' family members, have during the annual inspection process. The Illinois Department on Aging has the following tips and information for how concerned residents and family members can report suspected nursing home violations to the proper authorities and information on their rights during these inspections:

1.  If you, or a family member, have concerns about how you are being treated by a nursing home, keep written notes. These notes can be shared with facility inspectors and can be used to identify problems and areas of concern within a facility.
2. Residents, and their relatives, can request private meetings with inspectors. This can be a confidential and safe way to convey concerns to the inspectors without having to worry about "problems" or retaliation from the facility or its staff.
3. All facilities are required to display their annual inspection results and to make copies of the previous five years' reports available upon request.
4. You do not have to wait for the annual inspection to report nursing home abuse or neglect. If you, or a relative, has been the victim of abuse or neglect in an Illinois nursing home or long-term care facility you can go to Illinois' website for reporting abuse here.

If you, or a relative, have been the victim of abuse or neglect in an Illinois nursing home you may be entitled to bring a claim against the facility. The attorneys of Keating Law Offices have successfully represented victims of nursing home abuse and neglect. If you have any questions about this post, or any issue about Illinois personal injury law, please contact Illinois Nursing Home Abuse and Neglect Attorney Mike Keating. You can reach him 24 hours a day, 7 days a week by calling 312-208-7702 or emailing him at MKeating@KeatingLegal.com. All emails and phone calls are returned promptly. All initial consultations are confidential and free.

5 Key Rights of Nursing Home Residents in Illinois

Hearing about a "nursing home" usually brings to mind a vision of a retirement community where senior citizens can live in a relaxing group environment. In an ideal nursing home there is plenty of socializing amongst residents and the staff is always available to assist with basic medical needs and the tasks of everyday living.

Despite the phrase "Nursing Home" in its title, Illinois' Nursing Home Care Act (210 ILCS 45) actually protects residents and patients of all types of intermediate and long-term care facilities in Illinois. The rules and obligations in the Nursing Home Care Act apply to any facility which houses three or more people who are receiving "personal or medical care, including but not limited to mental health treatment, psychiatric rehabilitation, physical rehabilitation, and assistance with activities of daily living." (210 ILCS 45/1-113 and 1-122). Whether due to a relative's aging-related decline in health, a developmental disability or rehabilitation from an injury or illness, more families than ever rely on these types of facilities to provide a home and care for their family members.

The Illinois Nursing Home Care Act, along with similar federal laws regulating nursing homes (42 CFR 483), provides fundamental protections that ensure residents are attentively treated with the dignity and respect that we would all want our family members and loved ones to be shown. The ultimate goal of these laws it so prevent residents from becoming victims of harmful abuse or neglect while living and receiving assistance in a long-term care facility. If you, or a family member, are a resident of a long-term care facility is it important that you know all of your rights. While some of the duties of intermediate and long-term care facilities are fairly obvious you may not be aware of all of your basic rights. If your family member or loved one has been denied any of these rights while residing in an Illinois nursing home or long-term care facility you may have a legal claim against the facility. The attorneys of Keating Law Offices have successfully helped victims of nursing home abuse and neglect. We have the experience to help you if you too have been harmed while residing in a long-term care facility. 

5 Rights of Residents of Illinois Nursing Homes and Long-Term Care Facilities

1. Freedom from all types of abuse and neglect, including any type of physical, mental or emotional harm.

2. Protection from abuse or harm committed by fellow residents.

3. Timely medical treatment and hygienic care, including any necessary follow-up care.

4. A safe environment free from dangerous physical conditions or obstacles.

5. Access to daily activities - it is against the law for residents to be kept isolated without cause.

If you have a question about this post, or any other issue related to Illinois personal injury law, please contact Illinois Nursing Home Abuse and Neglect Attorney Mike Keating. You can contact Mike by calling 312-208-7702 or emailing MKeating@KeatingLegal.com, 24 hours a day, 7 days a week. All phone calls and emails are returned promptly. All initial consultations are free and confidential.

Nursing Home Neglect Case Settled for Chicago Resident

The attorneys of Keating Law Offices have successfully obtained a settlement on behalf of a client who was the alleged victim of neglect by a Chicago-area nursing home in which he was a resident. The incident took place at a nursing home on the Far North Side of Chicago in February 2011. The claim alleged that the elderly resident was injured as a result of the nursing home’s failure to provide him with proper medical treatment. It was alleged that the nursing home staff members injured the resident when they improperly treated him for an existing illness. This injury caused the resident’s condition to rapidly worsen, causing him severe pain and suffering.

An Illinois nursing home that fails to provide adequate medical treatment to an injured or ill resident is in violation of both Illinois and federal laws. Under the Illinois Nursing Home Care Act (210 ILCS 45/1-101 (2011)) all nursing homes and other long-term care facilities are required to treat their residents with the same level of care that a reasonably careful nursing home or facility would have used in the same situation. Any treatment given must not only be medically appropriate but also must be given in a timely manner. When a nursing home denies proper medical treatment to a sick or injured resident, as the nursing home in this case was alleged to have done, it may be liable.

The attorneys of Keating Law Offices are committed to protecting the rights of residents of nursing homes and other long-term care facilities in Illinois. Our firm has successfully represented victims of nursing home abuse and neglect. If you believe that you or a loved one have been the victim of neglect due to improper or inadequate medical care by a nursing home, please contact our firm. Pursuant to the terms of this settlement agreement, the identity of the parties, the name of the nursing home, and the amount of the settlement are strictly confidential and no further details may be disclosed.

If you have any questions regarding this post, or any issue involving Nursing Home Abuse and Neglect, please contact Illinois Nursing Attorney Mike Keating — by calling 312-239-6787  312-208-7702 (Nights/Weekends) or emailing him at MKeating@KeatingLegal.com — 24 hours a day, 7 days a week. All emails and phone calls are returned promptly. All initial consultations are confidential and free.

Sexual Assault by Fellow Resident Alleged at North Side Nursing Home

According to an article in the Lincoln Park Patch, a resident of the Wilson Care facility in Chicago, Illinois reported that she was sexually assaulted by a fellow resident on January 1st, 2013. Wilson care is a long-term care facility for individuals with mental illness and substance abuse problems. It is located in Chicago's Uptown neighborhood. The assault victim told police that she was attacked in another resident's room at the facility. According to the report, the victim tried to prevent the assault but was unable to stop the mentally-ill patient from attacker her.

Residents of long-term care facilities in Illinois are legally protected from abuse by fellow patients under both federal and state laws. Under Illinois' Nursing Home Care Act (210 ILCS 45/), all nursing homes are required to not only protect residents from abuse by employees, but they are also required to protect residents from assault and abuse by other residents in the facility. This includes the duty to protect residents from all types of physical and mental abuse by other residents. When a resident is the victim of an assault by another patient, the nursing home may be liable for failing to keep the resident safe from an easily prevented harm.

Unfortunately, sexual assault perpetrated by one resident against another are not uncommon in Illinois long-term care facilities. According to the most recently available report on long-term care facilities in Illinois, in 2009 there were 54 allegations of sexual assaults committed by one resident against another. The Illinois Department of Public Health has made identifying and preventing attacks against developmentally disabled residents a priority for upcoming years.

Our firm's attorneys have experience representing nursing home residents who have been victimized by their fellow residents. You may have a claim if your loved one is a resident of a long-term care facility or nursing home who has been injured by another resident. If you have questions regarding this post, or any issue involving Illinois personal injury law, please contact Nursing Home Abuse and Neglect Attorney Mike Keating by calling him at 312-208-7702 or emailing him at MKeating@KeatingLegal.com, 24 hours a day, 7 days a week. All emails and phone calls are returned promptly. All initial consultations are confidential and free.

Keating Law Offices Settles Nursing Home Neglect Case

Keating Law Offices has successfully settled a lawsuit on behalf of an Illinois nursing home resident against a nursing home located on the South Side of Chicago. The claim alleged that the nursing home violated numerous Illinois state and federal laws when it failed to properly supervise residents. This alleged failure resulted in a March 2010 incident in which a disabled resident was the victim of an unprovoked attacked by another patient of the facility.

The lawsuit alleged that the victim-resident suffered multiple severe injuries due to the violent attack, including head injuries. Further, the claim alleged that the nursing home provider failed to adequately provide medical treatment and follow-up care to the victim. The rights of nursing home residents in the state of Illinois are protected under both state and federal laws. In Illinois, a nursing home is required to not only protect residents from being abused directly by employees of the nursing home facility, but to also protect residents from abuse caused by other residents. Under federal law, nursing homes are required to provide a level of care that promotes the quality of life of each resident. All nursing home residents have the right to be “free from physical or mental abuse.” A nursing home that fosters an unsafe and dangerous environment which permits one patient to physically attack another is clearly in violation of this duty.

Under the Illinois Nursing Home Care Act, a nursing home or long-term care facility is liable if it fails to provide proper medical treatment to a resident. A delay in the diagnosis and treatment of injuries due to abuse in a nursing home, as was alleged in this case, is a violation of a nursing home’s duties under Illinois law. Once a nursing home becomes aware that a resident has been injured by another resident it has additional duties it must fulfill to the patient and the patient’s family. These legal obligations include: conducting a thorough investigation; evaluating what steps must be taken to create an environment that prevents the perpetrator from continuing to cause injury to other residents; informing the victim resident’s family of the incident; and reporting the incident to the Illinois Department of Public Health.

Keating Law Offices has successfully obtained settlements on behalf of victims of nursing home abuse, including additional claims of injuries and abuse allegedly perpetrated by other nursing home residents. Due to the terms of the settlement agreement between the resident and the nursing home, the identity of the parties and further details are confidential.

If you have any questions regarding this post or an issue involving Nursing Home Abuse and Neglect, please contact Illinois Nursing Home Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com. All initial consultations are confidential and free.

Keating Law Offices Conducts Free Legal Fair at Englewood Church

On Sunday, November 4th, the law firm of Keating Law Offices, P.C. conducted a free legal fair at the Original Holy Ark M.B. Church in Chicago's Englewood neighborhood at 63rd and Morgan. The event was sponsored by the Geneva Scott Outreach Services and done with the assistance of Dr. Sammy Davis and the Rev. Michael A. Simmons of the church. Attorneys from Keating Law Offices addressed the congregation and participated in free legal counseling sessions with dozens of church members and other members of the local community.

"We are very honored that of all the law firms in Chicago that Ms. Scott, Pastor Davis and Rev. Simmons chose Keating Law Offices to participate in this event. It was a privilege to meet so many members of the church and to have an opportunity to assist them with their legal needs. The citizens of the Englewood neighborhood often do not receive the support and structure that they need and it was an opportunity to help bridge this gap and provide some free legal counseling." 

Keating Law Offices is a Chicago-based firm of trial attorneys that focuses its practice on personal injury, wrongful death, medical malpractice, and nursing home negligence cases. The firm may be found on the web at www.KeatingLegal.com or by phone at 312-239-6787.
All initial consultations are confidential and free.

Disgusting Act of Abuse by Caregiver Recorded on Cellphone

Last month a disturbing cellphone video surfaced showing a group home caregiver physically abusing a mentally disabled resident in Connecticut. According to CNN, the video, which was sent anonymously to the operators of the group home, shows the care taker kicking the woman in the gut, whipping her with a belt, and dragging her across the floor by the hair.  Angelica Rivera, 33, admitted to police she was the caregiver depicted in the video abusing the resident, who functions at the level of a fourth grader. 

Rivera was arrested on July 11^th and charged with cruelty to persons, first-degree unlawful restraint, second-degree intimidation based on bigotry or bias, third-degree assault, disorderly contact and third-degree abuse. Previously, Rivera had been disciplined twice for failing to report neglect or abuse. 

This is yet another reminder of the how vulnerable the elderly and disabled population are. Although this was rare instance where the incident was caught on tape, residents of nursing homes and patients that receive in-home care are commonly victims of physical abuse at the hands of those caregivers that are suppose to protect them.

Keating Law Offices fights to protect the rights of nursing home residents who have been victimized by their caregivers. If you have any questions regarding this post or an issue involving Nursing Home Abuse and Neglect, please contact Illinois Nursing Home Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com. All initial consultations are confidential and free.

Goodwill Home Healthcare Indicted for Allegedly Accepting Kickbacks

According to news outlets, operators of a home health care service in Lincolnwood, Illinois have been indicted on charges for allegedly seeking patient referrals in exchange for kickbacks. The operators of Goodwill Home Healthcare, Inc, Marilyn Maravilla and Junjee L. Arroyo, allegedly conspired to set up a system of kickbacks and Medicare patient referrals with nurses, marketers, and themselves that allowed them to bill Medicare in an amount of roughly $5 million. Included in the indictment charges for their participation in the kickback conspiracy are licensed nurse, Ferdinand Echavia, and marketers, Jean Holloway and Rakeshkumar Shah.

A system of tiered kickback payments disguised as bonuses was allegedly the method by which Maravilla and Arroyo were able to not only condone this illegal activity but actively reward it. For example, according to a circulated memo within Goodwill, a $100 bonus would be awarded to the nurse who re-certified a patient for a third cycle of home health care, regardless of whether it was necessary for the patient. Such gross abuse of the health care system was reportedly condemned by the U.S. Attorney's office: "These services should be based on medical necessity, and on what’s in the patients’ best interests, and not based on whether or not someone in the medical industry is receiving a kickback."

The investigation and the resulting indictment of Goodwill Home Healthcare, Inc is the result of a year long federal strike force operation in Chicago whose responsibility it was to seek out health care defrauders. The Illinois Nursing Home Attorneys at Keating Law Offices wholeheartedly support such law enforcement operations that investigate alleged gross abuse of the health care system at the expense of those who rely upon the implicit trust in the quality of services they will be provided. All the defendants indicted in this kickback conspiracy scheme are scheduled to arraigned on August 22, 2012. We will be sure to update this blog with news as it is released.

If you have any questions regarding this post or an issue involving Nursing Home Abuse and Neglect, please contact Illinois Nursing Home Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com 24 hours a day, 7 days a week. All emails and phone calls are returned promptly. All initial consultations are always confidential and free.

New Illinois Laws Aim to Protect Seniors

Illinois has once again demonstrated a commitment to protecting senior citizens. On July 28, 2012 Governor Quinn signed into law several new measures in an effort to promote safety, increase oversight and accountability for caregivers and help authorities identify and respond to reports to reports of abuse, neglect, and exploitation. As the elderly population continues to grow and awareness of elder abuse increases, lawmakers continue to strive to protect vulnerable seniors from being taken advantage of by their purported "caretakers."

“Our seniors deserve our respect and protection against those who would take advantage of them,” Governor Quinn said. “Safeguarding seniors from exploitation and abuse will make our state stronger.” You can learn more about the new Illinois nursing home laws by clicking here.

Sadly, nursing home residents continue to be frequent victims of abuse and neglect. Keating Law Offices is committed to protecting the rights and pursing justice for nursing home abuse and neglect victims. 

If you have any questions regarding this post or an issue involving Nursing Home Abuse and Neglect, please contact Illinois Nursing Home Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com. All initial consultations are confidential and free.

Abbott Pharmaceuticals Alleged to Have Promoted Depakote as a Chemical Restraint

Abbott Pharmaceuticals manufactures a medicine called Depakote. This drug was approved by the FDA to treat mild seizures, manic bipolar disorder, and certain types of migraines. However, in a recent lawsuit, several Abbott employees allege that Abbott illegally promoted its drugs for other uses not approved by the FDA. Specifically these employees alleged that Abbott encouraged doctors to prescribe Depakote to nursing home patients as a chemical sedative to combat aggression associated with dementia. This is known as a "chemical restraint", a drug used to subdue a patient. It is further alleged that Abbott gave kickbacks to doctors who were willing to promote Depakote for these improper or “off-label” uses, and even trained those doctors to label their diagnoses in a certain way so that Depakote appeared to be a justified prescription.

This is just one of many examples in which drug manufacturers have been accused of encouraging doctors to prescribe drugs for “off-label” purposes in order to try to exploit nursing home residents (and their Medicaid benefits) at the expense of the patients’ welfare. In light of these allegations Illinois has created the Nursing Home Safety Task Force to try to combat the improper use of chemical restraints. In its final report, the task force acknowledges that the current practice of allowing “off-label” prescriptions to be administered in the sole discretion of nursing home staff is problematic has led to numerous complaints. In response, the Task Force specifically called for the State to “[d]evelop a policy to assure proper use of psychotropic drugs for people with serious mental illness and dementia.”

The attorneys at Keating Law Offices support the Task Force’s recommendations. The improper and indiscriminate use of chemical restraints is a dangerous practice that not only endangers the safety of nursing home residents but also violates their rights under the Illinois Nursing Home Care Act. The personal injury attorneys at Keating Legal are here to fight for those rights; if you are concerned that a friend or loves one is being prescribe improper or excessive medication, or has been injured as a result of improper chemical restraint please contact Illinois Nursing Home Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com. All initial consultations are confidential and free.

The Use of "Chemical Restraints" in Nursing Homes

It is an unfortunate reality that due to some medical conditions nursing home residents can become aggressive and pose a threat to other residents, staff and even themselves. Nursing homes and doctors use a number of interventions, procedures and devices used to deal with a problem, to deal with these situations. One controversial intervention is the use of restraints. Traditionally restraints were physical ones such as belts, safety-bars, and straight-jackets used to secure a resident in a non-threatening position.

However, the use of "chemical restraints" has became widespread. "Chemical restraints" are not physical, rather it is the use of anti-seizure, anti-psychotic, and sedative drugs to subdue a resident. The ease of use of prescription drugs as chemical restraints creates the potential for widespread abuse. Not only is the unwarranted administration of prescription drugs harder to detect than the improper use of physical restraints, but when used incorrectly chemical restraints have greater potential to cause serious injuries and in some cases even death.

Federal Laws prohibit the use of inappropriate chemical restraints on nursing home patients unless it is truly necessary to treat a medial condition. However, these very laws have often failed to adequately protect nursing home patients because they not mandate sufficient practical regulations for those who actually come into contact with nursing home patients, and unfortunately, the pattern of overuse of chemical restraints is still widespread.

The laws do not properly regulate the doctors who prescribe drugs to nursing home patients. Before a new drug is introduced into the marketplace, the Food and Drug Administration undertakes clinical tests to determine whether that drug is safe. Based upon these clinical trials, the FDA then decides whether to approve that drug, and specifically what specific conditions it should be used for. Under current law, drug manufactures can neither promote any unapproved uses nor include those uses in any of the instructions. However, the laws do not prevent doctors from prescribing the drug for these unapproved uses, in fact that practice (known as “off-label” prescription) is common. Second, the laws do not adequately supervise the nursing home staff. So long as a doctor has given a valid prescription, nursing home staff can administer the drug without getting further approval from either the doctor, and in some cases the patient. This lack of oversight creates a real potential for the abuse of nursing homes residents.

If you have any questions regarding this post or an issue involving Nursing Home Abuse and Neglect, please contact Illinois Nursing Home Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com. All initial consultations are confidential and free.

Resident With Dementia Dies After Wandering Away from Midwest Rehab in Belleville

The Belleville News Democrat is reporting that Illinois Department of Public Health investigators are looking into the death of 75-year old Aubrey Giles. Mr. Giles was a resident at Midwest Rehabilitation and Respiratory Care in Belleville, IL. Mr. Giles was a resident because he required nursing care and supervision due to suffering from dementia and heart disease.

Mr. Giles wandered away from the nursing home on Saturday and his body was found Monday morning in a creek approximately one block from the nursing home. According to the report, over 4 hours passed between the time he went missing and the nursing home reporting his absence from the home.

Incidents such as these are referred to as "elopement" and residents who suffer from dementia, such as Mr. Giles, are often referred to as "wanderers." These are specific terms used in the nursing community. Nursing homes have a duty to properly assess patients for risk of elopement. In addition, nursing homes have the duty to implement "interventions" such as increased levels of supervision, alarms, video cameras and secured doors to prevent situations such as this tragic one involving Mr. Giles from occurring.

The decision to place a loved one in a nursing home is often one of the most difficult decisions a family faces. The decision often turns on the belief that the nursing home will be able to provide superior levels of nursing care and supervision than the family can provide. Unfortunately, when the nursing homes do not provide superior levels of nursing care and supervision, tragic events like this one take place.

The Illinois Nursing Home Care Act provides that if a resident of a nursing home is injured or killed as a result of the negligence of the nursing home, then the nursing home is responsible for the damages suffered by the resident or their family. If you have any questions regarding this post or an issue involving Nursing Home Abuse and Neglect, please contact Illinois Nursing Home Attorney Mike Keating at 312-239-6787 or MKeating@KeatingLegal.com. All initial consultations are confidential and free.