Thursday, May 5, 2022

Keating Law Wins $743,500.00 Settlement for Nursing Home Resident

In 2016 a Chicago woman was admitted into a Chicago nursing home after she had to undergo emergency brain surgery to remove a tumor. Soon after she was admitted to the nursing home she experienced pain in her left leg and told the nursing staff at the nursing home about it. For two weeks the staff at the nursing home heard her complaints but did not notify her doctor about the problems with her leg. Finally, her doctor was called and an exam of her leg was ordered that found that she had severe vascular issues that led to the leg contracting gangrene. Due to this, surgeons had to perform an above-the-knee amputation of her left leg to stop the spread of the gangrene.

Keating Law filed a lawsuit on behalf of the nursing home resident and after five years of litigation recently secured a $743,500.00 settlement for the nursing home resident. The team at Keating Law Offices claimed that the delayed response to complaints of pain and a failure to notify our client’s physician led her losing any chance of saving the leg due to the two week delay. 

The Nursing Home's Defense

The case was vigorously defended by the nursing home who hired multiple experts to testify against the plaintiff and try to argue that the plaintiff was already too sick to ever recover. The nursing home attorneys and hired doctors said that the situation was very sad, but that the leg was already too injured from the pre-existing vascular disease to do anything about it. The nursing home claimed that the problems with her leg were inevitable given her medical history. 

Keating Law Offices did not give up in the face of such a strong defense.  Instead, part of the success of this recovery for our client was Keating Law Office’s application of the web of rules and regulation that nursing homes in Illinois must follow. Under the Illinois Nursing Home Care Act, for instance, nursing homes are prohibited by law from neglecting their residents. “Neglect” means a facility’s failure to provide adequate medical care, psychiatric rehabilitation, personal care, or assistance with activities of daily living necessary to avoid physical harm and mental anguish of a resident.

Nursing Home Laws

Other laws, like the Illinois Administrative Code, are also important. Under the Code, nursing homes are required to provide necessary care and services to maintain the highest practicable physical, mental, and psychosocial well-being of a resident. In doing so, the nursing home must conduct comprehensive assessments of the resident, develop an appropriate plan of care, and follow that plan.

Even federal regulations impact nursing homes when that nursing home accepts federal benefits like Medicare. The Omnibus Budget Reconciliation Act (OBRA), also known as the Nursing Home Reform Act of 1987, is a prime example. OBRA requires nursing homes to provide comprehensive assessments of a particular resident’s needs and to notify a resident’s physician of significant changes in medical conditions.

Nursing Home Negligence Settlement

In obtaining Keating Law’s recent settlement of $743,500.00, attorneys Tom Reuland and Mike Keating used these and other laws to hold the nursing home accountable for ignoring our client’s symptoms and not notifying her physician in time to help her. We will continue to advocate for our clients who have been abused or neglected by nursing homes throughout Illinois. We will also continue to advocate and support laws and regulation that help keep nursing homes accountable and safe for their residents

Monday, May 18, 2020

$1.025 Million Settlement for Family in Champaign County

The nursing home abuse attorneys at Keating Law Offices secured over one million dollars through a settlement for a family who lost their mother and father at Champaign County Nursing Home. The Champaign County Board agreed to pay the settlement totaling $1,025,000.00.

Despite an aggressive defense waged against the family of the deceased mother and father, attorneys Mike Keating and Tom Reuland gathered enough evidence that the wrongful deaths were the result of nursing home negligence to secure one of the largest settlements in Central Illinois for this type of case. The nursing home claimed that in the case of the father it provided the best care it could under the circumstances and in the case of the mother her unwitnessed fall was an unfortunate circumstance outside of their control.

The case involved the tragic loss of both a father and a mother within weeks of each other. The father of the family committed suicide with an elastic band that nursing staff admitted should not have been left in his room. Medical records indicated he had a history of suicidal thoughts and harmful behavior leading up to his death, yet no psychological evaluation was performed after admission. After his death, the nursing home ultimately revised its training policies regarding residents who exhibit suicidal tendencies.

After the father died, the family’s mother was devastated. Her overall condition worsened and the lawsuit alleged that the nursing facility failed to properly assess and monitor her following changes in her condition. The mother then suffered an unwitnessed fall and hit her head. This fall caused a brain bleed that ultimately led to her death.

Keating Law Offices identified several communication breakdowns and inadequate assessments regarding the mental and physical health of the residents in this case. These types of breakdowns are all too common in nursing homes in Central Illinois and across the country. If your mother or father is a resident in a nursing home, here are a few steps that you can take to help reduce the likelihood of nursing home abuse or neglect:

1) Talk to management about how the staff communicates with each other and with outside physicians. Communication is key when it comes to treating residents in a nursing home. Sometimes nursing home staff needs to take quick action to address a health issue. You want to be sure that the staff communicates quickly and clearly with the people who can help.

2) Be sure that nursing home staff and management fully understand and appreciate the medical history and needs of your parent. Medical histories are an important factor on which nursing facilities create care plans, assign staffing, and order consultations that are tailored to each individual resident. If they don’t know or understand a resident’s medical history, that resident might not receive necessary care.

3) Find out how a nursing home handles staffing problems. At the very least, the facility should comply with applicable legal staffing requirements regarding the number and qualifications of staff. Beyond the basics, how does the facility deal with staffing shortages, absent nurses, or a worker who suddenly quits? Is the staff adequately paid, or are the nurses who are assigned to care for your mother or father exhausted from working too many shifts or moonlighting at another facility just to make ends meet? Be sure that the nursing home management is well prepared to deal with staffing challenges that frequently arise.

Keating Law Offices represents clients in nursing home negligence and abuse cases throughout Illinois. If you suspect that a resident at a nursing home has been injured, abused, or neglected, then you can call 312-239-6787 or click the "chat now" box for a confidential and free consultation with a qualified and experienced attorney.

Tuesday, April 14, 2020

What is a Power of Attorney for a Nursing Home Resident?


Family members of nursing home residents or hospital patients are often asked about who has "Power of Attorney" for the family member. Many people feel that because the resident or patient is their spouse or a member of their own family that they automatically have Power of Attorney. But that is not always the case. 

What is a Power of Attorney?

A Power of Attorney (“POA”) is a legal document that enables someone else to act on the family member's behalf over important decisions when they are unable to act on their own. The person appointed to handle the legal affairs or make decisions is called an “Agent.” There are few restrictions on who can become the Agent, but you typically want to choose a competent and trustworthy adult you know will always keep the loved one's best interests at heart. Often, people appoint a backup Agent—called a “Successor Agent”—in case the Agent is unable to carryout his or her duties.

The power granted to the Agent can start right away or start only when other conditions are met, such as mental or physical incapacitation. For example, some people decide to establish a POA when they show early signs of an illness that could lead to incapacitation. The POA could specify that the Agent’s powers only begin once a medical doctor has deemed you unable to make decisions on their own.

What Kind of Decisions Can the Person with Power of Attorney Make?

The "power" of the agent with power of attorneys depends on the type of power of attorney that is created. One of the most common types is a POA over healthcare decisions. This type of POA facilitates important medical decisions, often in emergency situations and towards the end of someone’s life. Another type of POA can limit an Agent’s role to managing property and financial affairs. For example, you can appoint someone to handle real estate, taxes, or business operations in the event that you suffer a devastating personal injury that renders you unable to handle those affairs yourself. There is also a type of POA where the Agent has the power to handle both healthcare decisions and financial matters.

Does Illinois Allow for Power of Attorney?

Every state recognizes some form of POA agreements. However, states sometimes have particular rules regarding the form, content, and validity of the agreements in certain situations. In Illinois it easy to obtain basic POAs through the Illinois Power of Attorney Act. This Act has basic forms for a POA over healthcare and a POA over property that are presumed valid when filled out properly.

If you or a loved one have been severely injured and need to invoke a Power of Attorney, the nursing home negligence and abuse attorneys at Keating Law Offices are here to help. Contact us today. 

Thursday, January 30, 2020

All Keating Law Offices Attorneys Recognized as 2020 Super Lawyers

CHICAGO, IL – All of the attorneys at Keating Law Offices have been named to the 2020 Illinois Super Lawyers and Illinois Rising Stars list. Super Lawyers makes its selections with a patented multi-phase selection process that evaluates each candidate on twelve indicators of peer recognition and professional achievement on an annual basis. Of all the attorneys in Illinois, only 5% of attorneys receive the distinction of being a Super Lawyer and only 2.5% of attorneys in Illinois receive the Rising Star designation.

Keating Law Offices' founder Michael Keating was named a 2020 Illinois Super Lawyer. Senior Associate Thomas Reuland and Associate Attorney Catelyn Viggiano were named 2020 Illinois Rising stars.


"Everyone at Keating Law Offices is proud of the fact that Super Lawyers has chosen to recognize all of our attorneys.  In particular, we are extremely grateful that the hard work and dedication of Tom Reuland and Catelyn Viggiano was illuminated. This recognition reflects our firm's commitment to our clients and our community at large. It also reflects the results we have been able to consistently deliver to our clients. Keating Law Offices' representation of our clients is a sacred obligation that we take very seriously."


About Keating Law Offices, P.C.


Keating Law Offices is a premiere personal injury and wrongful death law firm. The firm is based in Chicago, Illinois and represents clients throughout Illinois. If you have any questions regarding Keating Law Offices please contact the firm at 312-239-6787 (Office). Our staff and operators are available around the clock. You can also email Info@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are confidential and absolutely free.

Wednesday, February 21, 2018

Lawsuit Filed Against Champaign County Nursing Home in Suicide of Resident

Keating Law Offices recently filed a lawsuit on behalf of the family of Donald Keeler. Mr. Keeler, a veteran of both WWII and the Korean War, committed suicide while he was a resident of the Champaign County Nursing Home. The lawsuit Keating Law Offices filed in Champaign County alleges that the nursing home and its management agencies failed to heed numerous warning signs of suicide and failed to appropriately supervise him prior to his death.

Illinois Department of Public Health Investigated Negligence and Abuse

This lawsuit follows an investigation by the Illinois Department of Public Health and news reports that recount events at the Central Illinois nursing home. The News-Gazette reported on June 17, 2017, that the Illinois Department of Public Health was recommending a fine against Champaign County Nursing home. The newspaper also recounted that the agency’s investigation identified “numerous troubling incidents involving the resident” at the nursing home.

The lawsuit—filed on January 26, 2018—alleges that Mr. Keeler was a known suicide risk when he was admitted to the nursing home. It further alleges that the nursing home knew or should have known that Mr. Keeler required supervision, that he was at risk for afflicting harm upon himself, and that he was at risk for suicide. Nevertheless, Mr. Keeler committed suicide while under the nursing home’s care.

Nursing Home Negligence and Abuse Attorneys

The family of Donald Keeler is represented by attorneys Michael S. Keating and Thomas A. Reuland of Keating Law Offices. Keating Law Offices is a Chicago-based firm of trial lawyers handling cases throughout Illinois, including Champaign County. The firm has secured substantial results on behalf of abused and neglected elderly residents in nursing homes. The attorneys at Keating Law Offices have spent their careers representing Illinois citizens and their families injured by the wrongdoing of others. If you have any questions or concerns about elder abuse or nursing home neglect in Illinois, you are welcomed to contact Keating Law Offices for a free consultation.

Friday, March 6, 2015

Keating Law Offices Files Lawsuit Against South Side Nursing Home For Fall After Resident Unnecessarily Drugged

The daughter of a former resident of a Chicago’s South Side nursing home has retained Keating Law Offices to investigate the negligence of the facility's medical and nursing staff. The former resident suffered a non-displaced left superior orbital wall fracture in her face after falling out of bed, despite nurses knowing the resident was a “fall risk.”

On September 10, 2013, the nursing home allegedly failed to respond to the resident’s bed alarm in a timely manner, allowing her to walk all the way to the opposite side of her room, where she then struck her head on a roommate’s bedrail. The resident was found lying unresponsive on the floor, away from her own bed. All of this took place before the nursing staff responded to the resident’s bed alarm.

Upon arrival of Chicago Fire Department paramedics that day in September 2013, it was discovered that the nursing home resident had been heavily sedated - unnecessarily - by the staff. The resident’s unresponsiveness was due to sedatives or pain killers allegedly administered by the nurses. As soon as the CFD paramedics administered two doses of an opioid antagonist, the resident became responsive and aware of her surroundings. An opioid antagonist is used by medical professionals to combat the effects of opiates, such as morphine.

According to Federal laws (Section 483.25 of the Omnibus Budget Reconciliation Act (OBRA) Regulations), which changed federal standards for nursing home care, every nursing home must provide the appropriate care and services to maintain resident physical, mental, and psychological well-being at the highest practicable level.

Nursing homes must also train nursing staff to identify and assist with residents who are at “high risk” for falling within the facility. If a resident’s chart indicates that he or she is a “fall risk,” a properly trained nurse can assist the resident with transfers to prevent falls and injury.

Section 45/2-106.1 of the Illinois Nursing Home Care Act also states that “a resident shall not be given unnecessary drugs.” Under this Illinois law, “an ‘unnecessary drug’ is any drug used in an excessive dose, including in duplicative therapy; for excessive duration; without adequate monitoring; without adequate indications for its use; or in the presence of adverse consequences that indicate the drugs should be reduced or discontinued.”

All nursing homes have a duty to ensure that their residents do not receive unnecessary or excessive amounts of prescription drugs, particularly sedatives or opiates. The failure of a nursing home and its staff to prevent unnecessary sedation of residents may result in serious bodily injury or death.

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 an experienced Chicago nursing home neglect attorney to evaluate your case.


Thursday, March 5, 2015

Family of Nursing Home Resident Who Suffered Fractured Leg Receives Financial Settlement


The Chicago Nursing Home Attorneys at Keating Law Offices have successfully obtained a settlement on behalf of a former resident of a west suburban nursing home. The resident suffered a severe fracture in his femur while at the nursing home. The family of the resident suspected it was from a fall, but representatives of the nursing home denied that any incident ever occurred and even went so far as to claim the family may have been responsible for the fall. Our nursing home attorneys were able to uncover evidence in a lawsuit against the nursing home that conclusively showed that the injuries occurred on their watch. 

The incident took place at a nursing home in the western suburbs of Illinois in August 2011. The claim alleged that the elderly resident was injured as a result of the nursing home’s failure to provide him with proper care. The lawsuit alleged that the leg injury actually occurred when nursing home staff members dropped him while transferring him onto a lift. As a result, the resident was hospitalized on two different occasions to treat the fracture as well as significant swelling in his left knee and leg.


It was also discovered that after the resident suffered this excruciating injury, the nursing home staff members then failed to provide him with his prescription pain medicine. This failure obviously led to unnecessary pain and suffering for the resident.

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. When the nursing home fails to treat their residents with a reasonable amount of care, as the nursing home in this case was alleged to have done, it may be liable as was the situation here.

Additionally, when the nursing home staff fails to provide proper care to its residents which ultimately results in injuries sustained, the nursing home might be in violation of the applicable provisions of the Code of Federal Regulations and the Illinois Administrative Code. According to Section 3-601 of the Illinois Nursing Home Care Act, “the owner and licensee are liable to a resident for any intentional or negligent act or omission of their agents or employees which injures a resident.” 210 ILCS 45/3-601. The provision makes the nursing home liable for all negligent acts or omissions committed by its staff members because a reasonably well-qualified nursing staff member should be able to transfer its residents without causing injuries.

Under Section 1-117 of the Illinois Nursing Home Care Act, “neglect” means a facility’s failure to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living that is necessary to avoid physical harm, mental anguish, or mental illness of a resident. 210 ILCS 45/1-117. As alleged here, the nursing home staff members’ failure to provide a resident with pain medication falls within the definition of “neglect” because it can result in physical harm and mental anguish for said resident.

Ultimately, the nursing home negligence and abuse attorney at Keating Law Offices were able to present overwhelming evidence that the injury occurred at the nursing home and that the resident's pain and suffering was increased by the failures to administer the pain medication. Ultimately, justice was obtained for this victim of nursing home negligence and abuse.


Keating Law Offices has successfully obtained settlements on behalf of victims of nursing home abuse. 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 or a loved one have suffered from a fractured leg or have had your medication improperly withheld in an Illinois nursing home, contact an experienced Chicago nursing home neglect attorney to evaluate your case. 

Friday, May 2, 2014

Why Is Pneumonia Such a Common Sickness in Nursing Homes?

A family member or caretaker may not realize a loved one was neglected in an Illinois nursing home until after he or she has been transferred out of the nursing home. When your loved one is transferred out of a nursing home to a hospital sit down with the doctor and discuss the status of your loved one’s nursing home care. Frequently nursing home residents are transferred to the hospital for treatment of pneumonia. The unfortunate reality is that pneumonia may be the result of nursing home neglect.

In 2010, pneumonia, combined with influenza, was the 8th leading cause of death in the United Sates, according to the National Center for Health Statistics. The Centers for Disease Controls reports 1 out of 20 adults who get pneumonia dies. Addressing the underlying causes of pneumonia in the elderly a serious matter.

Pneumonia is frequently a symptom of inactivity. An injury from a fall or other physical neglect may result in limited or reduced mobility. Virtually every body system is affected by immobility. Immobility can worsen existing medical illnesses and lead to new ones such as circulatory problems including blood clots in the legs, further loss of strength, pressure ulcers, or pneumonia. Immobility as a result of poor nursing care or an injury decreases lung volume and weakens respiratory muscles thus making it easier for pneumonia to develop.

A nursing home must take steps to prevent injury and maximize resident’s physical activity to prevent pneumonia including: 

  • A nursing home should develop and implement a care plan that specifically addresses immobility. Progressive mobility and range-of-motion plans should be included;
  •  A nursing home should take all necessary steps to prevent falls and other mobility limiting injuries;
  • A nursing home should also document range-of-motion exercises and progressive mobility activities in the medical record. They should periodically summarize the results, noting the resident's overall progress and whether the resident is using assistive devices;
  • A nursing home resident should be on bedrest for the least amount of time possible;
  • Nursing home staff should encourage the resident to be as active as possible, whether it's turning over in bed or moving the wheels on his or her own wheelchair.
You may not know if your loved one was immobilized as a result of injury or neglect but you will see the symptoms including pneumonia. If your loved one is diagnosed with pneumonia after being transferred from an Illinois nursing home take action and contact an experienced Chicago nursing home neglect attorney to evaluate your case. 

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 Attorneys at Keating Law Offices. You can contact Mike Keating directly 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.

Tuesday, April 29, 2014

Is A Hip Fracture a Sign of Nursing Home Neglect?

It is a tragic reality that it does not become clear that a loved one was neglected in an Illinois nursing home until after they are seriously injured. All too frequently nursing home residents are transferred to the hospital for treatment of a fractured hip. Hip fractures in a nursing home are almost always the result of some form of neglect.

Falls are common in nursing homes, with devastating consequences for residents and their loved ones. In particular, fall-related injuries including hip fractures are among the most serious health issues facing facilities and their patients. Hip fractures may result in hospitalizations, pneumonia, and sometimes death.

Hip fractures represent 40% of all serious fall-related injuries in nursing homes. On average each nursing home resident falls between 1 and 4 times per year. Patients with dementia experience falls at nearly double the rate of patients without cognitive impairment, averaging more than four falls per year. Furthermore, nearly 35% of fall related injuries occur in residents who are bed or wheelchair-bound.

According to the Centers for Disease Control and Prevention, between 16 to 27% of nursing home falls are a result on environmental hazards. Environmental hazards include poor lighting, slippery or wet floors, debris in walkways, and improper exit signs. Faulty bed rails and incorrect bed height accounts for close to 30 percent of nursing home falls nationwide.

A well-run and effective nursing home should be able to prevent the majority of these incidents. It is of the utmost importance for nursing home staff to be attentive at all times and respond to call lights, especially to patients who suffer from cognitive impairments. The nursing home had a duty to protect your loved one from falls.

If your loved suffered a fractured hip in an Illinois nursing home contact an experienced Chicago nursing home neglect attorney to evaluate your case.

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 Attorneys at Keating Law Offices. You can contact Mike Keating directly 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.

Keating Law Offices Retained to Represent Family of Deceased Nursing Home Resident

The daughter of a former resident of a nursing home in Chicago's south suburbs has retained the law firm of Keating Law Offices to investigate her mother’s death. Her mother suffered a Stage IV sacral pressure ulcer resulting in a severe infection and death.

The Chicago Nursing Home Attorneys at Keating Law Offices are very familiar with the particular nursing home. “Our firm has successfully resolved several cases against this nursing home involving allegations of failure to prevent bed sores in recent years,” said Attorney Mike Keating.
 

All nursing home have a duty to implement interventions (actions for nursing staff to take) necessary to prevent pressure ulcers from developing and provide safe living conditions for each of its residents. Pressure sores are preventable. Proper nursing care can ensure residents do not sustain pressure ulcers. All too often, nursing staff fails to turn and reposition residents, provide proper mattresses, or provide nutrition necessary to prevent skin breakdown.

The failure to prevent and treat a pressure sore may result in fatal infection. In this case, the resident developed sepsis which ultimately lead to renal failure and death as a direct result of her large open pressure sore.

If your loved suffered a bed sore, injury, or death at a nursing home in Chicago, the suburbs, or elsewhere in Illinois please contact an experienced Chicago nursing home neglect attorney to evaluate your case.

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 Attorneys at Keating Law Offices. You can contact Mike Keating directly 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.

Tuesday, January 14, 2014

Keating Law Offices Attorneys Named to "SuperLawyers" List of "Rising Stars"

Illinois Nursing Home Abuse and Neglect Attorneys Michael S. Keating and Alexander Loftus of Keating Law Offices, P.C. in Chicago, Illinois have been named to SuperLawyers Magazine's annual list of "Rising Stars." Each year, no more than 2.5 percent of the lawyers in the state receive this honor. The selection for this respected list is made by the research team at Super Lawyers. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. 

The annual selections are made using a rigorous multi--phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The list will be published in the annual edition of Illinois SuperLawyers Magazine and in the February 2014 edition of Chicago Magazine.

Michael S. Keating was previously included in the “Rising Stars” list in 2011, 2012, and 2013. Alexander Loftus was including in the “Rising Stars” list for the first time last year. The Keating Law Offices attorneys were 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.

Keating Law Offices concentrates its practice on nursing home negligence and abuse cases as well as other personal injury and wrongful death cases stemming from transportation negligence, medical malpractice, premises liability and product liability. The firm has successfully represented nursing home residents and their families


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. Email: Info@KeatingLegal.com.

Monday, January 6, 2014

Illinois Law Provides That Illinois Nursing Homes Can Be Responsible for Assaults Committed By Other Residents

All Illinois nursing homes have a duty to protect residents from each other. Many nursing home residents suffer dementia and other forms of mental illness that may result in violent outbursts. All too frequently, nursing home residents with mental illness are housed in close quarters and not properly supervised. The failure to properly supervise mentally ill residents may result in serious physical and emotional injury to the other residents. Under Illinois law, the nursing home is responsible for harm caused by unsupervised residents.
 

In Illinois, nursing home residents are protected under the Illinois Nursing Home Care Act. All long-term care facilities are required to comply with the Act. According to the Act (210 ILCS 45/1 113), a “long term care facility” is defined as a “private home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill...which provides, through its ownership or management… nursing for 3 or more persons.”

The Nursing Home Care Act defines the minimum standards for nursing homes in Illinois including a patient’s right to be free from abuse and neglect. The Act defines “Abuse” as “any physical or mental injury or sexual assault inflicted on a resident other than by accidental means in a facility.” 210 ILCS 45/1-103. The Act defines “Neglect” as “a facility’s failure to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living that is necessary to avoid physical harm mental anguish or mental illness of a resident.” 210 ILCS 45/1-117.
 

The nursing home is accountable for the actions of its unsupervised residents. Injuries resulting from an attack by another unsupervised resident are a symptom of neglect just like a bed sore or malnutrition. The Nursing Home Care Act holds long term care facilities accountable for neglecting to adequately supervise dangerous 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 Attorneys at Keating Law Offices. You can contact Mike Keating directly 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.

Saturday, August 3, 2013

Former Chicago Bear Great Dies Tragically In Nursing Home After Poisoning

Former Chicago Bears Running Back, George McAfee, is most known for his celebrated professional football career. George was drafted in the first round by the Bears. In his eight seasons in Chicago, George was a four time NFL Champion and was named the NFL punt return champion, landing him a spot in the Pro Football Hall of Fame in 1966. Following the end of his celebrated career, George unfortunately entered the national spotlight again more than thirty years later for an entire different reason. 
In a case that garnered national attention, George's family settled out of court with Emeritus Corporation after George drank industrial strength cleaning detergent while left unsupervised in an assisted living facility and died ten days later. George's death drew national attention to the world of for-profit assisted living facilities and shed light on the potential dangers of placing a loved one in a loosely regulated facility. 
In the years prior to his death, George suffered from dementia. Because he was not in poor physical health, his family jumped on the opportunity for George to reside at Cypress Gardens, an Emeritus assisted living facility in Atlanta, Georgia for a fee of $4,000 per month. Despite the cost, his family was happy to have him in a home-like environment, which was a stark contrast to the sterile feel of most nursing homes. 
George's situation is becoming more common, in that there is a growing population of elderly individuals who are in good physical shape but suffer from memory issues including dementia and Alzheimer's disease. As such, "memory units" are becoming increasingly popular in profit-based assisted living facilities for the exact reasons that George McAfee's family chose Cypress Gardens, in that they provide a transitory step for elderly residents who need assistance but who do not require full time skilled nursing care. 
Unfortunately, many families choosing assisted living facilities are not aware that they are often for-profit facilities that do not receive federal funding and are therefore not subject to federal regulations. In addition, workers receive minimum wage, get limited training, and are often subject to inadequate staffing ratios. These issues appear to have factored into George McAfee's death, as facility records revealed that the wing where George found and consumed the cleaning fluid was unstaffed for a half an hour and the cabinet containing the fluid was left unlocked, contrary to protocol. 
Looking back, George McAfee's daughter Mary Jeanne Stouffer wishes they would have done their "homework" before picking a facility but admitted that it didn't cross their mind to need to double check the reputation of the facility . In addition Stouffer advised that adult children need to advocate for their parents. 
There are certainly several lessons to be learned from George McAfee's tragic death. At Keating Law Offices, we routinely advocate on behalf of clients who have been seriously injured or even died as a result of negligent care at a nursing home or assisted living facility. As George McAfee's family suggests, it is very important to thoroughly research a long term care facility's record before selecting a facility for a loved one. 
If you have a question about this post, or any other issue related to Illinois Nursing Home Negligence and Abuse 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.

Wednesday, July 24, 2013

IDPH Charges Champaign County Nursing Home With Several Violations

Recent investigations of the Champaign County Nursing Home in Urbana, Illinois revealed that the facility has committed numerous, ongoing health code violations. In specific, both the Illinois Department of Public Health and the Champaign-Urbana Public Health District have discovered a number of issues in the facility related to sanitation, food storage, and resident diet during the time period from January of 2012 to April of 2013.
Perhaps the most surprising of the violations relates to the food served to the residents in the facility. On multiple occasions, investigations revealed the facility served residents food containing small pieces of plastic or cardboard. In the most severe instance, the "fingertip to knuckle" portion of a plastic glove was discovered in meat served to a resident. The wife of a resident who received food with cardboard in it reported that the facility has served her husband food containing foreign objects on a number of occasions.
With respect to sanitation, a December 12, 2012 inspection revealed soiled interior oven racks and a soiled can opener blade in the facility's kitchen. In addition, inspectors discovered that a water heater was not operating properly. As a result, water in the dishwasher failed to reach 180 degrees which is necessary to properly sanitize the residents' dishes. Regarding food storage, an April 11, 2013 inspection revealed that the facility maintained a walk-in cooler at a temperature above 41 degrees, rendering it too warm for safe food storage. In addition, a number of dry storage racks were soiled and dirty.
Inspections also revealed a number of violations related to residents' diets. On numerous occasions, the facility failed to serve residents items listed on the the daily menu or provided residents with only a partial serving of a menu item. In addition, the facility failed to provide "health shakes" between meals to a seriously ill patient who had suffered an 8 percent body weight loss in a single month and also failed to provide the patient with full servings of a lunch menu item.
The Champaign County Nursing Home's health violations are incredibly dangerous to its residents and expose its residents to a number potential health threats. Many nursing home residents are already in a compromised state of health when they enter a nursing facility. When a nursing home agrees to house an elderly resident, it also agrees to avoid unnecessarily harming the resident. When unnecessary harm occurs as a result of issues such as the health violations committed by the Champaign County Nursing Home, the facility may be responsible for the harm resulting to its residents. The Attorneys at Keating Law Offices have represented a number of nursing home residents who have been injured or harmed as a result of improper nursing home care. 
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.

Tuesday, May 21, 2013

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.