tag:blogger.com,1999:blog-71755928218151047362023-11-16T08:35:41.819-08:00Nursing Home Abuse and Neglect: Illinois Nursing Home Attorney Mike KeatingThe serious issues of nursing home abuse and neglect are a threat to the health and safety of senior citizens and the disabled in Illinois. The nursing home attorneys at Keating Law Offices discuss the legal issues surrounding the nursing home industry in Illinois.Mike Keatinghttp://www.blogger.com/profile/13625915080407211406noreply@blogger.comBlogger66125tag:blogger.com,1999:blog-7175592821815104736.post-5025219225160846182022-05-05T15:29:00.004-07:002022-06-14T12:31:13.592-07:00Keating Law Wins $743,500.00 Settlement for Nursing Home Resident<p class="MsoNormal" style="text-align: justify;"><span style="font-family: georgia; font-size: medium;"></span></p><div class="separator" style="clear: both; text-align: center;"><span style="font-family: georgia; font-size: medium;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgATwPtiK8t2gdv06yH-Jd4ZU7LM_vCx0X9VsQ1jbEkrvGB6_jsgkzZMNIxELPib8UYQ2WpebmYrm5ziOQdudNEbbSG891WfH-7h1oAyaZ8VYmj3MxN9c_N3gnYUPd6CUeB3Q1VYksooTyD9iofMbdmceukEsftaNlQkXHYSy0Mexmr1uocVpm7FXx-zA/s2048/Green%20KLO%20.PNG" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="2048" data-original-width="2048" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgATwPtiK8t2gdv06yH-Jd4ZU7LM_vCx0X9VsQ1jbEkrvGB6_jsgkzZMNIxELPib8UYQ2WpebmYrm5ziOQdudNEbbSG891WfH-7h1oAyaZ8VYmj3MxN9c_N3gnYUPd6CUeB3Q1VYksooTyD9iofMbdmceukEsftaNlQkXHYSy0Mexmr1uocVpm7FXx-zA/s320/Green%20KLO%20.PNG" width="320" /></a></span></div><span style="font-family: georgia; font-size: medium;">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.</span><p></p><p class="MsoNormal" style="text-align: justify;"><span style="font-family: georgia; font-size: medium;">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. </span></p><p class="MsoNormal" style="text-align: justify;"><b><span style="font-family: georgia; font-size: medium;">The Nursing Home's Defense</span></b></p><p class="MsoNormal" style="text-align: justify;"><span style="font-family: georgia; font-size: medium;">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. </span></p><p class="MsoNormal" style="text-align: justify;"><span style="font-family: georgia; font-size: medium;">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.</span></p><p class="MsoNormal" style="text-align: justify;"><b><span style="font-family: georgia; font-size: medium;">Nursing Home Laws</span></b></p>
<p class="MsoNormal" style="text-align: justify;"><span style="font-family: georgia; font-size: medium;">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.</span></p>
<p class="MsoNormal" style="text-align: justify;"><span style="font-family: georgia; font-size: medium;">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.</span></p><p class="MsoNormal" style="text-align: justify;"><span style="font-family: georgia; font-size: medium;"><b>Nursing Home Negligence Settlement</b></span></p>
<div style="text-align: justify;"><span style="font-family: georgia; font-size: medium;">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</span></div>Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comChicago, IL, USA41.8781136 -87.629798213.567879763821153 -122.7860482 70.188347436178844 -52.473548199999996tag:blogger.com,1999:blog-7175592821815104736.post-58447300512145990882020-05-18T15:02:00.000-07:002020-05-18T15:07:09.542-07:00$1.025 Million Settlement for Family in Champaign County<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjKGccrUNE-V9oEPSzKE6EL9dyeXnnnna-ZzXCCddEZHlD179-QUPWqOaleB1kvLGaK3wXAg8eX3pBCVAuZBsbbvZaG31mGxJro7nrOgvEdpehkazD1X_Ngs92sdMT8ooe3c2v7AOC0ySkA/s1600/Green+KLO+.PNG" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="1600" data-original-width="1600" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjKGccrUNE-V9oEPSzKE6EL9dyeXnnnna-ZzXCCddEZHlD179-QUPWqOaleB1kvLGaK3wXAg8eX3pBCVAuZBsbbvZaG31mGxJro7nrOgvEdpehkazD1X_Ngs92sdMT8ooe3c2v7AOC0ySkA/s320/Green+KLO+.PNG" width="320" /></a></div>
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<span style="font-family: "georgia" , "times new roman" , serif; font-size: large;">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.</span><br />
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<span style="font-family: georgia, "times new roman", serif; font-size: large;">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.</span><br />
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<span style="font-family: georgia, "times new roman", serif; font-size: large;">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.</span><br />
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<span style="font-family: georgia, "times new roman", serif; font-size: large;">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.</span><br />
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<span style="font-family: georgia, "times new roman", serif; font-size: large;">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:</span><br />
<span style="font-family: georgia, "times new roman", serif; font-size: large;"><br /></span>
<span style="font-family: georgia, "times new roman", serif; font-size: large;">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.</span><br />
<span style="font-family: georgia, "times new roman", serif; font-size: large;"><br /></span>
<span style="font-family: georgia, "times new roman", serif; font-size: large;">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.</span><br />
<span style="font-family: georgia, "times new roman", serif; font-size: large;"><br /></span>
<span style="font-family: georgia, "times new roman", serif; font-size: large;">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.</span><br />
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<span style="font-family: georgia, "times new roman", serif; font-size: large;">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.</span></div>
Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comChampaign, IL, USA40.1164204 -88.243382940.0192739 -88.4047444 40.213566900000004 -88.0820214tag:blogger.com,1999:blog-7175592821815104736.post-4310028315118616252020-04-14T07:58:00.001-07:002020-04-14T08:02:07.018-07:00What is a Power of Attorney for a Nursing Home Resident? <div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhQMIp5OY33iHJ7kW5D3UjdWtndvDd3G3yUCb5Dz0SjLg3IR1GRTIMJTTo_b2xB5MQvuilgEoFhxt9Q4Mbt0Mfd5-hBZXAj0VF6dj7ghy46ldjiCLgEtqzrdTslg3tfEzsYUwLgw5R6u985/s1600/Green+KLO+.PNG" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="1600" data-original-width="1600" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhQMIp5OY33iHJ7kW5D3UjdWtndvDd3G3yUCb5Dz0SjLg3IR1GRTIMJTTo_b2xB5MQvuilgEoFhxt9Q4Mbt0Mfd5-hBZXAj0VF6dj7ghy46ldjiCLgEtqzrdTslg3tfEzsYUwLgw5R6u985/s320/Green+KLO+.PNG" width="320" /></a></div>
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<span style="font-family: Georgia, Times New Roman, serif; font-size: large;">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. </span><br />
<b><span style="font-family: Georgia, Times New Roman, serif; font-size: large;"><br /></span></b>
<b><span style="font-family: Georgia, Times New Roman, serif; font-size: large;">What is a Power of Attorney?</span></b><br />
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<span style="font-family: Georgia, Times New Roman, serif; font-size: large;">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.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif; font-size: large;">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.</span><br />
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<b><span style="font-family: Georgia, Times New Roman, serif; font-size: large;">What Kind of Decisions Can the Person with Power of Attorney Make?</span></b><br />
<span style="font-family: Georgia, Times New Roman, serif; font-size: large;"><br /></span>
<span style="font-family: Georgia, Times New Roman, serif; font-size: large;">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.</span><br />
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<b><span style="font-family: Georgia, Times New Roman, serif; font-size: large;">Does Illinois Allow for Power of Attorney?</span></b><br />
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<span style="font-family: Georgia, Times New Roman, serif; font-size: large;">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 <a href="http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2113&ChapterID=60" target="_blank">Illinois Power of Attorney Act</a>. This Act has basic forms for a POA over healthcare and a POA over property that are presumed valid when filled out properly.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif; font-size: large;">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. </span></div>
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Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comChicago, IL, USA41.8781136 -87.629798241.4995241 -88.2752452 42.256703099999996 -86.984351199999992tag:blogger.com,1999:blog-7175592821815104736.post-90558290430171920432020-01-30T07:58:00.000-08:002020-04-14T08:12:31.691-07:00All Keating Law Offices Attorneys Recognized as 2020 Super Lawyers<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhrD710kG401bxeoUUPEoyrlQOr3ZQHBF2tVp1fkexsR-qTBxDDpaTUg-XlcUml_E3DP93V-gcqiJBw9PN3hecSH3AhE8vLWRXkOPEByzzzf6qyuKDULsKOX_YoBpWm7vsPjPRxRCHBt01a/s1600/Super+Lawyers+2020.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="1600" data-original-width="1600" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhrD710kG401bxeoUUPEoyrlQOr3ZQHBF2tVp1fkexsR-qTBxDDpaTUg-XlcUml_E3DP93V-gcqiJBw9PN3hecSH3AhE8vLWRXkOPEByzzzf6qyuKDULsKOX_YoBpWm7vsPjPRxRCHBt01a/s320/Super+Lawyers+2020.jpg" width="320" /></a></div>
<span style="font-family: Georgia, Times New Roman, serif; font-size: large;"><span style="text-align: justify;">CHICAGO, IL – All of the attorneys at Keating Law Offices have been named to </span><span style="text-align: justify;">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.</span></span><br />
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<span style="background-color: white; text-align: justify;">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.</span></span><br />
<span style="font-family: Georgia, Times New Roman, serif; font-size: large;"><span style="background-color: white; text-align: justify;"><br /></span>
<span style="background-color: white; text-align: justify;">"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."</span></span><br />
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<b style="background-color: white; text-align: justify;">About Keating Law Offices, P.C.</b></span><br />
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<span style="font-family: Georgia, Times New Roman, serif; font-size: large;"><a href="http://keatinglegal.com/bicycle-accident-attorneys/" style="background-color: white; color: #69b7df; text-align: justify;">Keating Law Offices</a><span style="background-color: white; text-align: justify;"> 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.</span></span>Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comChicago, IL, USA41.8781136 -87.62979819999998241.4995241 -88.275245199999986 42.256703099999996 -86.984351199999978tag:blogger.com,1999:blog-7175592821815104736.post-70934007327783438882018-02-21T06:45:00.001-08:002020-04-14T08:07:56.589-07:00Lawsuit Filed Against Champaign County Nursing Home in Suicide of Resident<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg33KWsb_tSSnZudwYTuE8NvzDqbaFNIuT-EdyhMdTnAhlQ_UIaCzFTU40bZijZo0cA5cWe8k5HWxvf4xM8bfa-31RAAh3TJIUCom7MzNdzZaQRnsFsG-g0hu6Uw3qS6dUTwwRbL8i-4U3w/s1600/KLO-Stacked.png" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="241" data-original-width="300" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg33KWsb_tSSnZudwYTuE8NvzDqbaFNIuT-EdyhMdTnAhlQ_UIaCzFTU40bZijZo0cA5cWe8k5HWxvf4xM8bfa-31RAAh3TJIUCom7MzNdzZaQRnsFsG-g0hu6Uw3qS6dUTwwRbL8i-4U3w/s1600/KLO-Stacked.png" /></a></div>
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<span style="font-family: Georgia, Times New Roman, serif; font-size: large;">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.</span></div>
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<b><span style="font-family: Georgia, Times New Roman, serif; font-size: large;">Illinois Department of Public Health Investigated Negligence and Abuse</span></b></div>
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<span style="font-family: Georgia, "Times New Roman", serif; font-size: large;">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 </span><a href="http://www.news-gazette.com/obituaries/2017-02-26/donald-keeler.html" style="font-family: Georgia, "Times New Roman", serif; font-size: x-large;">reported</a><span style="font-family: Georgia, "Times New Roman", serif; font-size: large;"> 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.</span></div>
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<span style="font-family: Georgia, "Times New Roman", serif; font-size: large;">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.</span></div>
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<b><span style="font-family: Georgia, Times New Roman, serif; font-size: large;">Nursing Home Negligence and Abuse Attorneys</span></b></div>
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<span style="font-family: Georgia, "Times New Roman", serif; font-size: large;">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.</span></div>
Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comChampaign, IL, USA40.1164204 -88.24338290000002940.0192739 -88.404744400000027 40.213566900000004 -88.082021400000031tag:blogger.com,1999:blog-7175592821815104736.post-38824572799950843872015-03-06T08:30:00.000-08:002020-04-14T08:10:24.292-07:00Keating Law Offices Files Lawsuit Against South Side Nursing Home For Fall After Resident Unnecessarily Drugged<div class="MsoNormal" style="background-image: initial; background-repeat: initial; margin-bottom: 0.0001pt; text-align: justify;">
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<span style="font-size: x-small;"><span style="color: #1a1a1a; font-family: Georgia, Times New Roman, serif; font-size: large;">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.”</span></span><br />
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<span style="color: #1a1a1a; font-family: Georgia, "Times New Roman", serif; font-size: large;">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.</span><br />
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<span style="color: #1a1a1a; font-family: Georgia, "Times New Roman", serif; font-size: large;">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, t</span><span style="color: #1a1a1a; font-family: Georgia, "Times New Roman", serif; font-size: large;">he resident became responsive and aware of her surroundings. An opioid antagonist</span><span style="color: #1a1a1a; font-family: Georgia, "Times New Roman", serif; font-size: large;"> is used by medical professionals to combat the effects of opiates, such as morphine.</span><br />
<span style="color: #1a1a1a; font-family: Georgia, "Times New Roman", serif; font-size: large;"><br /></span>
<span style="color: #1a1a1a; font-family: Georgia, "Times New Roman", serif; font-size: large;">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.</span><br />
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<span style="color: #1a1a1a; font-family: Georgia, "Times New Roman", serif; font-size: large;">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.</span><br />
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<span style="color: #1a1a1a; font-family: Georgia, "Times New Roman", serif; font-size: large;"><a href="http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1225&ChapterID=21" target="_blank">Section 45/2-106.1 of the Illinois Nursing Home Care Act</a> 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.”</span><br />
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<span style="color: #1a1a1a; font-family: Georgia, "Times New Roman", serif; font-size: large;">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.</span><br />
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<span style="color: #1a1a1a; font-family: Georgia, "Times New Roman", serif; font-size: large;">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.</span></div>
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<br />Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comBronzeville, Chicago, IL, USA41.8251047 -87.61760219999996541.777774199999996 -87.698283199999963 41.8724352 -87.536921199999966tag:blogger.com,1999:blog-7175592821815104736.post-46585241569586159152015-03-05T13:04:00.000-08:002020-04-14T08:10:58.468-07:00Family of Nursing Home Resident Who Suffered Fractured Leg Receives Financial Settlement<br />
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<span style="font-family: Georgia, "Times New Roman", serif;">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. </span></div>
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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.</div>
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<span style="font-family: Georgia, Times New Roman, serif;">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.</span></div>
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<span style="font-family: Georgia, Times New Roman, serif;"><br /></span></div>
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<span style="font-family: Georgia, Times New Roman, serif;">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.</span></div>
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<span style="font-family: Georgia, Times New Roman, serif;">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.</span></div>
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<span style="font-family: Georgia, Times New Roman, serif;">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.</span></div>
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<span style="font-family: Georgia, Times New Roman, serif;">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. </span></div>
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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. </div>
</span>Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comDuPage County, IL, USA41.8243831 -88.090076241.4458286 -88.7355232 42.2029376 -87.4446292tag:blogger.com,1999:blog-7175592821815104736.post-41676213106852596812014-05-02T10:57:00.000-07:002014-05-02T10:57:00.544-07:00Why Is Pneumonia Such a Common Sickness in Nursing Homes? <span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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. <br /><br />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. <br /><br />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. <br /><br />A nursing home must take steps to prevent injury and maximize resident’s physical activity to prevent pneumonia including: </span></span><br />
<ul>
<li><span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"> A nursing home should develop and implement a care plan that specifically addresses immobility. Progressive mobility and range-of-motion plans should be included;</span></span></li>
<li><span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"> A nursing home should take all necessary steps to prevent falls and other mobility limiting injuries;</span></span></li>
<li><span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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;</span></span></li>
<li><span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">A nursing home resident should be on bedrest for the least amount of time possible;</span></span></li>
<li><span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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.</span></span></li>
</ul>
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"> 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. </span></span><br />
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<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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 <a href="tel:312-239-6787">312-208-7702</a> 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. <br /><img src="https://mail.google.com/mail/u/0/images/cleardot.gif" /></span></span><br />
Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comtag:blogger.com,1999:blog-7175592821815104736.post-53935682305792283262014-04-29T10:54:00.002-07:002014-04-29T11:00:24.556-07:00Is A Hip Fracture a Sign of Nursing Home Neglect? <span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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. <br /><br />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. <br /><br />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. <br /><br />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. <br /><br />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. <br /><br />If your loved suffered a fractured hip in an Illinois nursing home contact an experienced Chicago nursing home neglect attorney to evaluate your case. <br /><br />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 <a href="tel:312-208-7702">312-208-7702</a> or emailing <a href="mailto:MKeating@KeatingLegal.com">MKeating@KeatingLegal.com</a>, 24 hours a day, 7 days a week. All phone calls and emails are returned promptly. All initial consultations are free and confidential.</span><span style="font-family: Georgia,"Times New Roman",serif;"><br /></span></span>Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comtag:blogger.com,1999:blog-7175592821815104736.post-54341899032654465862014-04-29T10:52:00.000-07:002014-04-29T10:52:08.992-07:00Keating Law Offices Retained to Represent Family of Deceased Nursing Home Resident<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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. <br /><br /> 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. <br /> </span></span><br />
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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 <i>are</i> 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. <br /><br /> 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. <br /><br /> 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. <br /><br /> 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 <a href="tel:312-208-7702">312-208-7702</a> 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.<br /><img src="https://mail.google.com/mail/u/0/images/cleardot.gif" /><br /></span></span>Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comChicago, IL, USA41.8781136 -87.62979819999998241.4995241 -88.275245199999986 42.256703099999996 -86.984351199999978tag:blogger.com,1999:blog-7175592821815104736.post-40563945104586536462014-01-14T19:20:00.000-08:002014-01-14T19:20:37.814-08:00Keating Law Offices Attorneys Named to "SuperLawyers" List of "Rising Stars"<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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. </span></span><br />
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<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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 <span style="color: black;"><a href="http://www.chicagomag.com/">Chicago Magazine</a>. <br /><br /> 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. <br /><br /> 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 </span></span></span><br />
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<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"><span style="color: black;">Keating Law Offices, P.C. may be found on the internet at <a href="http://www.keatinglegal.com/">www.KeatingLegal.com</a>. The firm is located at 79 West Monroe, Suite 1024 in Chicago, Illinois. Phone: <a href="tel:312-239-6787">312-239-6787</a>. Email: <a href="mailto:Info@KeatingLegal.com">Info@KeatingLegal.com.</a><br /></span></span></span>Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comtag:blogger.com,1999:blog-7175592821815104736.post-60553681922203321172014-01-06T18:09:00.001-08:002014-01-06T18:09:50.049-08:00Illinois Law Provides That Illinois Nursing Homes Can Be Responsible for Assaults Committed By Other Residents<span style="font-family: Georgia,"Times New Roman",serif;"><span style="font-size: small;">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.<br /> </span></span><br />
<span style="font-family: Georgia,"Times New Roman",serif;"><span style="font-size: small;">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.” <br /><br />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. <br /> </span></span><br />
<span style="font-family: Georgia,"Times New Roman",serif;"><span style="font-size: small;">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. <br /><br />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 <a href="tel:312-208-7702">312-208-7702</a> or emailing <a href="mailto:MKeating@KeatingLegal.com">MKeating@KeatingLegal.com</a>, 24 hours a day, 7 days a week. All phone calls and emails are returned promptly. All initial consultations are free and confidential.<br /></span></span>Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comtag:blogger.com,1999:blog-7175592821815104736.post-46596348900641321842013-08-03T07:30:00.001-07:002013-08-03T07:30:18.217-07:00Former Chicago Bear Great Dies Tragically In Nursing Home After Poisoning<div style="line-height: 1.3em; margin: 0px 0px 0.75em;">
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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.</span></span><span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"></span></span><span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"> </span></span></div>
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<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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.</span></span><span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"></span></span><span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"> </span></span></div>
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<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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.</span></span><span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"> </span></span></div>
<div style="line-height: 1.3em; margin: 0px 0px 0.75em;">
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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.</span></span><span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"> </span></span></div>
<div style="line-height: 1.3em; margin: 0px 0px 0.75em;">
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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.</span></span><span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"> </span></span></div>
<div style="line-height: 1.3em; margin: 0px 0px 0.75em;">
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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. </span></span></div>
<div style="line-height: 1.3em; margin: 0px 0px 0.75em;">
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">T</span></span><span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">here
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. </span></span>
<span></span></div>
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"><span><span style="line-height: 16.8892px;">If </span>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 <a href="tel:312-208-7702" style="color: #11593c;" target="_blank" value="+13122087702">312-208-7702</a> or emailing <a href="mailto:MKeating@KeatingLegal.com" style="color: #11593c;" target="_blank">MKeating@<wbr></wbr>KeatingLegal.com</a>,
24 hours a day, 7 days a week. All phone calls and emails are returned
promptly. All initial consultations are free and confidential.</span></span></span><span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"></span></span><div class="yj6qo ajU">
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Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comtag:blogger.com,1999:blog-7175592821815104736.post-19498682606851960252013-07-24T09:04:00.003-07:002013-07-24T09:04:43.297-07:00IDPH Charges Champaign County Nursing Home With Several Violations<div style="margin: 0px 0px 0.75em;">
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"><span style="color: #191919; line-height: 1.3em;">Recent investigations of the </span><span style="color: #191919;"><span style="line-height: 1.3em;">Champaign County Nursing Home in Urbana, Illinois revealed that the </span><span style="line-height: 16.8892px;">facility</span><span style="line-height: 1.3em;"> 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</span><span style="line-height: 1.3em;">.</span></span></span></span></div>
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">
</span></span><div style="margin: 0px 0px 0.75em;">
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"><span style="color: #191919;"><span style="line-height: 16.8892px;">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.</span></span><span style="color: #191919; line-height: 16.8892px;"> </span><span style="color: #191919;"><span style="line-height: 16.8892px;">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.</span></span></span></span></div>
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">
</span></span><div style="margin: 0px 0px 0.75em;">
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"><span style="color: #191919; line-height: 16.8892px;">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. </span><span style="color: #191919; line-height: 16.8892px;">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.</span></span></span>
</div>
<div style="margin: 0px 0px 0.75em;">
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"><span style="color: #191919;"><span style="line-height: 16.8892px;">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.</span></span></span></span></div>
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">
</span></span><div style="margin: 0px 0px 0.75em;">
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"><span style="color: #191919;"><span style="line-height: 16.8892px;">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 </span></span><span style="color: #191919; line-height: 1.3em;">the </span><span style="color: #191919;"><span style="line-height: 1.3em;">Champaign County Nursing Home</span></span><span style="color: #191919; line-height: 16.8892px;">,
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. </span></span></span></div>
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">
<span style="color: #191919; line-height: 1.3em;"><span></span></span></span></span><div style="color: #191919; line-height: 1.3em; margin: 0px 0px 0.75em;">
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"><span><span style="line-height: 16.8892px;">If </span>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 <a href="tel:312-208-7702" style="color: #11593c;" target="_blank" value="+13122087702">312-208-7702</a> or emailing <a href="mailto:MKeating@KeatingLegal.com" style="color: #11593c;" target="_blank">MKeating@<wbr></wbr>KeatingLegal.com</a>,
24 hours a day, 7 days a week. All phone calls and emails are returned
promptly. All initial consultations are free and confidential.</span></span></span></div>
Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comtag:blogger.com,1999:blog-7175592821815104736.post-79140046578554492142013-05-21T15:12:00.002-07:002013-05-21T15:12:55.944-07:00New Illinois Law Increases Access to Nursing Care Services<div style="margin: 0px 0px 0.75em;">
<span style="font-family: Georgia,"Times New Roman",serif;"><span style="color: #191919; font-size: small;"><span style="line-height: 1.3em;">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 <a href="http://lincolnpark.patch.com/articles/feigenholtz-s-senior-home-care-reforms-signed-into-law" target="_blank">the Lincoln Park Patch</a>, the reforms
focus on "implementing inter-agency data sharing, shifting to a managed
care model for some seniors, applying for enhanced federal matching
funds, </span></span><span style="color: #191919; font-size: small;"><span style="line-height: 16.8892px;">improving</span></span><span style="color: #191919; font-size: small;"><span style="line-height: 1.3em;"> Medicaid enrollment and processing, freezing rates at exiting levels, and implementing more stringent personnel policies."</span></span></span></div>
<span style="font-family: Georgia,"Times New Roman",serif;"><span style="font-size: small;">
</span></span><div style="margin: 0px 0px 0.75em;">
<span style="font-family: Georgia,"Times New Roman",serif;"><span style="color: #191919; font-size: small;"><span style="line-height: 16.8892px;">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."</span></span></span></div>
<span style="font-family: Georgia,"Times New Roman",serif;"><span style="font-size: small;">
</span></span><div style="margin: 0px 0px 0.75em;">
<span style="font-family: Georgia,"Times New Roman",serif;"><span style="color: #191919; font-size: small;"><span style="line-height: 16.8892px;">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</span></span><span style="color: #191919; font-size: small;"><span style="line-height: 16.8892px;"> 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 </span></span><span style="font-size: small;"><span style="color: #191919; line-height: 16.875px;">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.</span></span></span></div>
<span style="font-family: Georgia,"Times New Roman",serif;"><span style="font-size: small;">
</span></span><div style="color: #191919; line-height: 1.3em; margin: 0px 0px 0.75em;">
<span style="font-family: Georgia,"Times New Roman",serif;"><span style="font-size: small;"><span><span style="line-height: 16.8892px;">If </span>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 <a href="tel:312-208-7702" style="color: #11593c;" target="_blank" value="+13122087702">312-208-7702</a> or emailing <a href="mailto:MKeating@KeatingLegal.com" style="color: #11593c;" target="_blank">MKeating@<wbr></wbr>KeatingLegal.com</a>,
24 hours a day, 7 days a week. All phone calls and emails are returned
promptly. All initial consultations are free and confidential.</span></span></span></div>
Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comtag:blogger.com,1999:blog-7175592821815104736.post-74595662806547848902013-05-14T14:46:00.002-07:002013-05-14T14:46:29.355-07:00Could Medicaid Funding Cuts Lead to More Cases of Nursing Home Neglect and Abuse? <br />
<div style="color: #191919; line-height: 1.3em; margin: 0px 0px 0.75em;">
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"><span style="color: #191919;"><span style="line-height: 1.3em;">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 </span></span><span style="color: #191919;"><span style="line-height: 16.8892px;">dental</span></span><span style="color: #191919;"><span style="line-height: 1.3em;"> 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.</span></span><span style="color: #191919;"><span style="line-height: 1.3em;"> 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? </span></span></span></span></div>
<div style="color: #191919; line-height: 1.3em; margin: 0px 0px 0.75em;">
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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, t<span style="line-height: 1.3em;">he executive director of the Health Care Council of Illinois</span><span style="line-height: 1.3em;"> who</span><span style="line-height: 1.3em;"> 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.</span><span style="color: #191919;"><span style="line-height: 1.3em;"> </span></span></span></span></div>
<div style="color: #191919; line-height: 1.3em; margin: 0px 0px 0.75em;">
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"><span style="color: #191919;"><span style="line-height: 1.3em;">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 </span><span style="line-height: 16.8892px;">million</span><span style="line-height: 1.3em;"> for previously provided Medicaid services, while the state estimates that this amount is closer to $210 million. </span></span><span style="color: #191919; line-height: 16.8892px;">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.</span></span></span></div>
<div style="color: #191919; line-height: 1.3em; margin: 0px 0px 0.75em;">
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"><span style="color: #191919; line-height: 16.8892px;">T</span><span style="color: #191919;"><span style="line-height: 16.8892px;">his
combination of recent Medicaid funding cuts, potential future Medicaid
funding cuts, and significant outstanding reimbursements <wbr></wbr>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.</span></span></span></span></div>
<div style="color: #191919; line-height: 1.3em; margin: 0px 0px 0.75em;">
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"><span style="color: #191919;"><span style="line-height: 16.8892px;">If </span></span>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 <a href="tel:312-208-7702" style="color: #11593c;" target="_blank" value="+13122087702">312-208-7702</a> or emailing <a href="mailto:MKeating@KeatingLegal.com" style="color: #11593c;" target="_blank">MKeating@<wbr></wbr>KeatingLegal.com</a>,
24 hours a day, 7 days a week. All phone calls and emails are returned
promptly. All initial consultations are free and confidential.</span></span></div>
Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comtag:blogger.com,1999:blog-7175592821815104736.post-54859356163571948732013-01-19T17:31:00.000-08:002013-01-19T17:31:00.590-08:00Attorney Michael S. Keating Honored by "SuperLawyers" and "Chicago" Magazines<div class="separator" style="clear: both; text-align: center;">
<a href="http://www.gordonrees.com/images/super-lawyers-logo.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="92" src="http://www.gordonrees.com/images/super-lawyers-logo.jpg" width="320" /></a></div>
<a href="http://www.superlawyers.com/illinois/lawyer/Michael-S-Keating/8cccd850-a50c-4ab5-9f3e-837e1b76cee5.html">For the third straight year, Attorney Michael S. Keating of Keating Law Offices, P.C. in Chicago, Illinois has been named to <i>SuperLawyers</i> Magazine's annual list of "Rising Stars."</a><br />
<br />
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 <i>Illinois SuperLawyers</i> Magazine and in the February 2013 edition of <a href="http://www.chicagomag.com/" target="_blank">Chicago Magazine</a>. Mr. Keating has also been named to the "40 Under 40" list of top young trial
attorneys in Illinois by the <a href="http://thenationaltriallawyers.org/" target="_blank">National Trial Lawyers Association</a>.<br /><br />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.<br /><br />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.
<br />
Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comtag:blogger.com,1999:blog-7175592821815104736.post-41477565282635325562013-01-14T13:23:00.003-08:002013-01-19T17:32:54.182-08:00The Annual Inspection Process of Illinois Nursing Homes<div>
<span style="font-family: georgia,serif;">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.</span><br />
<br />
<span style="font-family: georgia,serif;">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 </span><a href="http://www.state.il.us/aging/1abuselegal/ombuds_survey.htm" target="_blank"><span style="font-family: georgia,serif;">annual inspection process that all Illinois long-term care facilities must pass in order to maintain their license</span></a><span style="font-family: georgia,serif;">.
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.</span><br />
<br />
<span style="font-family: georgia,serif;">The annual inspections of Illinois nursing homes and other long-term care facilities are </span><a href="http://www.idph.state.il.us/healthca/nhregulate.htm" target="_blank"><span style="font-family: georgia,serif;">conducted by trained teams of health care professionals from the Illinois Department of Public Health</span></a><span style="font-family: georgia,serif;">.
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
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">inspections:</span></span></span></div>
<div>
<ol>
<li><span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"> 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.</span></span></li>
<li><span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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.</span></span></li>
<li><span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">All facilities are required to
display their annual inspection results and to make copies of the
previous five years' reports available upon request.</span></span></li>
<li><span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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 <a href="http://www.state.il.us/aging/1abuselegal/ombuds_reporting.htm" target="_blank">go to Illinois' website for reporting abuse here</a>.</span></span>
</li>
</ol>
</div>
<div>
<span style="font-family: georgia,serif;">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
<a href="tel:312-208-7702" target="_blank" value="+13122087702">312-208-7702</a> or emailing him at </span><a href="mailto:MKeating@KeatingLegal.com" target="_blank"><span style="font-family: georgia,serif;">MKeating@KeatingLegal.com</span></a><span style="font-family: georgia,serif;">. All emails and phone calls are returned promptly. All initial consultations are confidential and free. </span></div>
Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comtag:blogger.com,1999:blog-7175592821815104736.post-19621920506681118072013-01-14T13:21:00.002-08:002013-01-19T17:33:43.685-08:005 Key Rights of Nursing Home Residents in Illinois<div>
<span style="font-family: georgia,serif;">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.</span><br />
<br />
<span style="font-family: georgia,serif;">Despite the phrase "Nursing Home" in its title, </span><a href="http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1225&ChapterID=21" target="_blank"><span style="font-family: georgia,serif;">Illinois' <b>Nursing Home Care Act</b> (<i>210 ILCS 45</i>)</span></a><span style="font-family: georgia,serif;">
actually protects residents and patients of all types of intermediate
and long-term care facilities in Illinois. The rules and obligations in
the <b>Nursing Home Care Act</b> 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." (<i>210 ILCS 45/1-113 and 1-122</i>). 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.</span><br />
<br />
<span style="font-family: georgia,serif;">The Illinois Nursing Home Care Act, along with similar </span><a href="http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=dc75c827aba20f5a731ec2f5e3a434dc&rgn=div5&view=text&node=42:5.0.1.1.2&idno=42" target="_blank"><span style="font-family: georgia,serif;">federal laws regulating nursing homes (<i>42 CFR 483</i>)</span></a><span style="font-family: georgia,serif;">,
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 </span><a href="http://www.ilnursinghomeattorney.com/2012/11/keating-law-offices-settles-nursing.html" target="_blank"><span style="font-family: georgia,serif;">successfully helped victims of nursing home abuse and neglect</span></a><span style="font-family: georgia,serif;">. We have the experience to help you if you too have been harmed while residing in a long-term care facility.</span><b><u><span style="font-family: georgia,serif;"> </span></u></b><br />
<br />
<b><u><span style="font-family: georgia,serif;">5 Rights of Residents of Illinois Nursing Homes and Long-Term Care Facilities</span></u></b></div>
<div>
<span style="font-family: georgia,serif;">1. Freedom from all types of abuse and neglect, including any type of physical, mental or emotional harm.</span></div>
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<span style="font-family: georgia,serif;">2. Protection from abuse or harm committed by fellow residents.</span></div>
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<span style="font-family: georgia,serif;">3. Timely medical treatment and hygienic care, including any necessary follow-up care.</span></div>
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<span style="font-family: georgia,serif;">4. A safe environment free from dangerous physical conditions or obstacles.</span></div>
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<span style="font-family: georgia,serif;">5. Access to daily activities - it is against the law for residents to be kept isolated without cause.</span><br />
<br />
<span style="font-family: georgia,serif;">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 <a href="tel:312-208-7702" target="_blank" value="+13122087702">312-208-7702</a> or emailing </span><a href="mailto:MKeating@KeatingLegal.com" target="_blank"><span style="font-family: georgia,serif;">MKeating@KeatingLegal.com</span></a><span style="font-family: georgia,serif;">,
24 hours a day, 7 days a week. All phone calls and emails are returned
promptly. All initial consultations are free and confidential.</span></div>
Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comtag:blogger.com,1999:blog-7175592821815104736.post-27661226137269013202013-01-11T11:39:00.001-08:002013-01-11T11:39:12.554-08:00Nursing Home Neglect Case Settled for Chicago Resident<div class="MsoNormal" style="margin: 0in 0in 0pt;">
<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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. </span></span></div>
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<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;"><span style="background: none repeat scroll 0% 0% white; color: #191919;">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 <strong>Illinois Nursing Home Care Act </strong>(</span>210 ILCS 45/1-101
(2011))<span style="background: none repeat scroll 0% 0% white; color: #191919;"> </span><span style="background: none repeat scroll 0% 0% white;">all </span>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. <span style="background: none repeat scroll 0% 0% white; color: #191919;">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. </span></span></span></div>
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<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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. </span></span></div>
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<span style="font-size: small;"><span style="font-family: Georgia,"Times New Roman",serif;">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
<a href="tel:312-239-6787" target="_blank" value="+13122396787">312-239-6787</a> <span> </span><a href="tel:312-208-7702" target="_blank"><span style="color: #11593c;">312-208-7702</span></a> (Nights/Weekends) or emailing
him at <a href="mailto:mkeating@keatinglegal.com" target="_blank"><span style="color: #11593c;">MKeating@KeatingLegal.com</span></a> — 24 hours a day, 7
days a week. All emails and phone calls are returned promptly. All initial
consultations are confidential and free.</span></span></div>
Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comtag:blogger.com,1999:blog-7175592821815104736.post-71891738267066382652013-01-11T11:36:00.004-08:002013-01-11T11:44:26.454-08:00Sexual Assault by Fellow Resident Alleged at North Side Nursing Home<div>
<span style="font-family: Georgia,"Times New Roman",serif;"><span style="font-size: small;">According to an <a href="http://lincolnpark.patch.com/articles/robber-targets-deaf-mute-man-driver-rapes-robs-woman" target="_blank">article in the Lincoln Park Patch</a>,
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.</span></span><br />
<br />
<span style="font-family: Georgia,"Times New Roman",serif;"><span style="font-size: small;">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 (<a href="http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+11+Art%2E+VI&ActID=1815&ChapterID=49&SeqStart=111100000&SeqEnd=112600000" target="_blank"><i>210 ILCS 45/</i></a>),
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.</span></span><br />
<br />
<span style="font-family: Georgia,"Times New Roman",serif;"><span style="font-size: small;">Unfortunately,
sexual assault perpetrated by one resident against another are not
uncommon in Illinois long-term care facilities. According to the <a href="http://www.idph.state.il.us/healthca/nhregulate.htm" target="_blank">most recently available report</a>
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.</span></span><br />
<br />
<span style="font-family: Georgia,"Times New Roman",serif;"><span style="font-size: small;">Our firm's attorneys have <a href="http://www.ilnursinghomeattorney.com/2010/10/case-settled-on-behalf-of-family-of.html" target="_blank">experience representing nursing home residents who have been victimized by their fellow residents</a>.
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 <a href="tel:312-208-7702" target="_blank" value="+13122087702">312-208-7702</a> or emailing him at <a href="mailto:MKeating@KeatingLegal.com" target="_blank">MKeating@KeatingLegal.com</a>,
24 hours a day, 7 days a week. All emails and phone calls are returned
promptly. All initial consultations are confidential and free.</span></span></div>
Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comtag:blogger.com,1999:blog-7175592821815104736.post-27371310445382934542012-11-20T10:27:00.002-08:002012-11-20T10:27:30.882-08:00Keating Law Offices Settles Nursing Home Neglect CaseKeating 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.<br />
<br />
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 href="http://www.ilga.gov/commission/jcar/admincode/077/077003000P32400R.html" target="_blank">a nursing home is required</a> 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 <a href="http://www.law.cornell.edu/uscode/text/42/1396r" target="_blank">federal law</a>, 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.<br />
<br />
Under the <a href="http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=021000450HArt.+III+Pt.+6&ActID=1225&ChapterID=21&SeqStart=20700000&SeqEnd=22000000" target="_blank">Illinois Nursing Home Care Act</a>, 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.<br />
<br />
Keating Law Offices has successfully obtained settlements on behalf of victims of nursing home abuse, including <a href="http://www.ilnursinghomeattorney.com/2010/10/case-settled-on-behalf-of-family-of.html" target="_blank">additional claims</a> 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.<br />
<br />
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.
Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comtag:blogger.com,1999:blog-7175592821815104736.post-10118872927107511282012-11-05T09:38:00.001-08:002012-11-05T09:38:12.227-08:00Keating Law Offices Conducts Free Legal Fair at Englewood Church<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhS6ubel6Cs8ireb-nPHmxMaqcBYHU7masTchzVL7yDYQRxJsEjfSKHBRZfkRGYc0pifMPAWyd8n-cb4sIqjYyrUnSJcNyBoMeZD_HJaQ9JVOLFaPPjVtpIG49bscFrqurEVTsz0867xnZ1/s1600/Geneva+Scott+event.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" height="227" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhS6ubel6Cs8ireb-nPHmxMaqcBYHU7masTchzVL7yDYQRxJsEjfSKHBRZfkRGYc0pifMPAWyd8n-cb4sIqjYyrUnSJcNyBoMeZD_HJaQ9JVOLFaPPjVtpIG49bscFrqurEVTsz0867xnZ1/s320/Geneva+Scott+event.jpg" width="320" /></a></div>
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.<br />
<br />
<blockquote class="tr_bq">
"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." </blockquote>
<br />
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 <a href="http://www.keatinglegal.com/">www.KeatingLegal.com</a> or by phone at 312-239-6787. <br />
All initial consultations are confidential and free.Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comtag:blogger.com,1999:blog-7175592821815104736.post-61340474849057145852012-08-23T11:57:00.000-07:002012-08-23T11:57:22.369-07:00Disgusting Act of Abuse by Caregiver Recorded on Cellphone
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<span style="font-family: "Times New Roman","serif"; font-size: 12.0pt;">Last
month a disturbing cellphone video surfaced showing a group home caregiver
physically abusing a mentally disabled resident in Connecticut. <a href="http://www.cnn.com/2012/07/11/us/connecticut-group-home-video/index.html?c=us" target="_blank">According
to CNN,</a> 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. <a href="http://articles.courant.com/2012-08-01/community/hc-group-home-abuse-0802-20120801_1_michael-lundie-arrest-warrant-mentally-disabled-resident" target="_blank">Angelica
Rivera, 33, admitted to police</a> she was the caregiver depicted in the video
abusing the resident, who functions at the level of a fourth grader.</span><span style="background: white; font-family: "Times New Roman","serif"; font-size: 12.0pt;"> </span></div>
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<span style="background: white; font-family: "Times New Roman","serif"; font-size: 12.0pt;">Rivera was arrested on July 11<sup>th</sup> 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.</span><span style="background: white; font-family: "Times New Roman","serif"; font-size: 12.0pt;"> </span></div>
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<span style="background: white; font-family: "Times New Roman","serif"; font-size: 12.0pt;">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.</span></div>
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<span style="background: white; font-family: "Times New Roman","serif"; font-size: 12.0pt;">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
<a href="tel:312-208-7702" target="_blank" value="+13122087702">312-208-7702</a> or<span> </span></span><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt;"><a href="mailto:mkeating@keatinglegal.com" target="_blank"><span style="background: white; color: #11593c;">MKeating@KeatingLegal.com</span></a><span style="background: white; color: #191919;">. <span style="background: white;">All initial consultations are confidential and free.</span></span></span></div>
Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.comtag:blogger.com,1999:blog-7175592821815104736.post-38521748911285558032012-08-14T13:55:00.003-07:002013-01-11T11:46:38.865-08:00Goodwill Home Healthcare Indicted for Allegedly Accepting Kickbacks<div style="font-family: Georgia,"Times New Roman",serif;">
<span style="font-size: small;">According to news outlets, operators of a home health care service in Lincolnwood, Illinois have been <a href="http://www.journal-topics.com/news/article_577024d0-e610-11e1-b419-001a4bcf6878.html" target="_blank">indicted on charges for allegedly seeking patient referrals in exchange for kickbacks</a>.
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.</span><br />
<br />
<span style="font-size: small;">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 </span>
<span style="font-size: small;"><a href="http://chicago.cbslocal.com/2012/08/14/home-health-care-service-operators-accused-in-kickback-scheme/" target="_blank">gross abuse of the health care system</a>
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."</span><br />
<br />
<span style="font-size: small;">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.</span><br />
<br />
<span style="font-size: small;">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 <a href="tel:312-208-7702" style="color: #1155cc;" target="_blank" value="+13122087702">312-208-7702</a><span style="color: #222222;"> 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. </span></span></div>
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Mike Keatinghttp://www.blogger.com/profile/01002736609746922461noreply@blogger.com