Wednesday, October 27, 2010

The Threat of Sepsis and a Missed Diagnosis

The Los Angeles Times has printed a news story about a study into the lasting impact of sepsis in elderly individuals. The study was originally published in the Journal of the American Medical Association (JAMA). Sepsis is a very serious medical condition in which a person's bloodstream is overwhelmed with an infection. If sepsis is not diagnosed quickly, the affected person can experience organ failure and die. Sepsis can only be treated if it is diagnosed quickly and appropriately. 

The researchers compared a large sample of elderly patients who suffered from sepsis against an even larger sample of elderly patients who were hospitalized and did not have sepsis. The researchers found that those elderly patients who suffered from sepsis and survived were much more likely to develop problems with thinking and memory. Those patients who suffered from sepsis were also more likely to develop a physical limitation with their activities of daily living like walking, dressing, or bathing.

The nursing staff in a nursing home is responsible for monitoring the patient to check for any "significant changes" in a resident's condition. Symptoms of sepsis are often confused with symptoms of the flu or just general lethargy. It is the nursing staff's responsibility, however, to contact the resident's physician if it appears the resident is ill. Often what happens is a resident has contracted sepsis and the nursing staff does not act quickly. This delay denies the sick resident the opportunity to get immediate medical treatment. As mentioned above, sepsis needs to be treated immediately. If sepsis isn't treated immediately the illness leads to severe and lasting injury or death.

Another way in which sepsis is at the heart of litigation is from infected bedsores. Often what happens is the nursing staff does not monitor residents who are at risk for developing bedsores. The bedsores develop and then are a "target" for deadly bacteria. The deadly bacteria enters the body through the bedsore and the bacteria leads to sepsis. This dangerous chain of events can be stopped if proper measures are taken so that bedsores do not develop.

Attorney Mike Keating has handled several cases involving residents who unnecessarily contracted sepsis while a resident at a nursing home. 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.

Saturday, October 23, 2010

Case Settled on Behalf of Family of Woman Assaulted by Other Resident


Illinois Nursing Home Abuse and Neglect Attorney Mike Keating has settled a civil case brought under the Illinois Nursing Home Care Act against a Central Illinois Nursing Home for failing to properly supervise its residents. The case stemmed from an August 2008 incident when an elderly female resident was pushed to the ground by a male resident. The male resident had a documented history of aggression towards other people in the nursing home. As a result of this incident the female sustained a fractured hip and died only six weeks after this incident.
Attorney Mike Keating alleged that the nursing home was responsible for two reasons: 1) for failing to remove the aggressive resident from the home prior to this incident and 2) for failing to supervise the female resident despite her known history of falls and dementia. 
First, the aggressive male resident should have been removed from the nursing home prior to August of 2008. Records indicate that he had a known history of aggression. Section 3-612 of the Nursing Home Care Act provides that when a nursing home determines that a resident is the perpetrator of abuse, the resident’s condition must be immediately evaluated to determine the most suitable therapy and placement for the abusive resident. In this case, instead of providing the abusive resident with the therapy and placement the male resident required, he was left in the facility where he unfortunately victimized the female resident in this case.
Second, the nursing home should have more carefully supervised the female resident. The Code of Federal Regulations, Illinois Nursing Home Care Act and Illinois Administrative Code set the requirements for the level of care, supervision and assistance nursing home residents are to receive. It was the nursing home's failure to meet these requirements and provide adequate supervision and alarms that directly led to the female resident being able to wander into the hallway of the nursing home unsupervised, be assaulted by another resident, and fracture her hip. 
This sequence of events compromised the resident’s condition and she went into a steady decline that resulted in her death in September of 2008. Due to the failures of the nursing home, it was liable under the Illinois Nursing Home Care Act. Section 3-601 of the Act holds the owners and licensee of a nursing home liable for any intentional or negligent act or omission of their agents or employees which injures the resident. 210 ILCS 45/3-601.

Due to the terms of the settlement agreement between the family of 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.

Thursday, October 21, 2010

Can You Get a New Nursing Home Abuse and Neglect Lawyer?

I've received a number of inquiries lately from Chicago-area people who have personal injury cases with a different lawyer. These people no longer wish to work with their prior attorney for a variety of reasons. But they all have the same question in common: Can they get a new lawyer even though they have a contract with their current lawyer?

The answer is yes. Illinois law provides that a client may discharge his or her attorney at any time, for basically any reason. This law was made clear in the case Rhoades v. Norfolk & Western Ry. Co. (1979). Many people who have personal injury cases think they can't get a new lawyer to work on their case because they signed a contract with their old attorney. However, contingency-fee contracts cease to exist and the contingency term is no longer operative when a client terminates an attorney working under a contingency-fee contract. This law was made clear in a case called In re Estate of Callahan (1991).

Victims of personal injury cases and their families have a right to experienced, competent, and professional representation. To me this relationship of trust and respect is the most important part of the attorney-client relationship and the key to a successful approach to a case. Clients should feel comfortable with their attorney and trust that everything that could be done for them is being done. Clients also have a right to know what has happened, is happening, and is going to happen in their case. Cases shouldn't "sit" in an office - cases should move towards a resolution.

Just as you would with a doctor, you have the right to get a second opinion if you want one. 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.

Monday, October 11, 2010

Gurnee Senior Center Operating Without License

The Chicago Tribune is reporting that "Theresa's Home Care" in Gurnee has been operating with authority from Gurnee nor the proper licensing from the Illinois Department of Public Health. The State became aware of the situation when paramedics responded to a 911 emergency call and arrived at the home to find more than a dozen seniors living there. The owner of the home, Theresa Bicok is quoted as saying that the facility is a place for seniors who either can’t afford a larger assisted-living facility or who prefer a more intimate setting.

The Illinois Administrative Code provides the rules and regulations for Long-Term Care Facilities. Based on the information in the Chicago Tribune article, the owners and operators of this facility fail to not only recognize the need for proper licensure, but also that there are different rules and regulations for Senior Living Centers, Nursing Home, Assisted Care Facilities, etc. Different facilities are licensed to provide different "skill levels" of care. Obviously, the purpose of these facilities obtaining the proper licensure is so the IDPH can track and monitor these facilities. As an Illinois Nursing Home Attorney, I've seen first hand how the State has limited resources to track licensed facilities. Situations like this where the facility is operating "outside the system" make it almost impossible for the State to track. The fear, of course, is that the seniors are then at greater risk because there is no accountability.

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.