Lawsuit Claims Nursing Home Fraud And Poor Care

One of the most common criticisms of nursing homes, as well as other long-term health care facilities such as assisted living facilities, is that such facilities do not – and can not – provide adequate levels of care due to understaffing.  This lack of staffing can be caused by many factors, including poor management, poor financial management, and fraud.

One example of this is seen in a nursing home operator that has been sued by the Federal Government, which claims that the nursing home operator filed false claims and also neglected to provide patients with with adequate and basic nursing services.  Because of this lack of care, which included lack of medications, residents allegedly suffered a number of ailments and associated pain, including pressure sores, lack of wound care, falls, dehydration and malnutrition.

The lawsuit is seen in the September 7, 2016 Department of Justice news release titled “The United States Files False Claims Act Against Six Vanguard Nursing Facilities…”  A notable excerpt from this press release include:

The United States’ complaint alleges that between Jan. 1, 2010, and Dec. 31, 2015, the six Vanguard facilities failed to provide the most basic and essential skilled nursing services to their residents.  The lack of adequate care at the Vanguard facilities included chronic staffing and critical medical supplies shortages, failure to provide standard infection control, failure to administer medication to residents as prescribed by their physicians, failure to provide wound care as ordered by physicians, failure to adequately manage residents’ pain and providing unnecessary and excessive psychotropic medications to residents and using unnecessary physical restraints on residents.  As a result, Vanguard residents suffered pressure ulcers, falls, dehydration and malnutrition, among other harms.  The United States’ complaint further alleges that Miller, who served as the Director of Operations for Vanguard from September 2011 through August 2014, knew that resident care at the Vanguard facilities was non-existent or grossly substandard but failed to correct these problems.

Additional details regarding this lawsuit can be seen in the DOJ press release mentioned above, as well as The Tennessean article of September 7 article titled “Feds:  Patients suffered in nursing home fraud case.”

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Should someone you care for experience Illinois nursing home abuse or neglect or a nursing home accident – or suffer an injury at a similar health care facility such as an assisted living facility, retirement home, skilled nursing facility (SNF) or hospital – please contact the Elman Law Group at (773) 392-8182 to discuss the situation and to discuss the potential of an injury lawsuit.  This no-obligation legal consultation is free and confidential.  Elman Law Group handles cases on a contingency basis…no fees are charged unless and until monetary compensation is achieved.    

Elman Law Group’s Lead Attorney, Tony Elman, is a personal injury trial lawyer.  Over the last 20+ years Elman Law Group has handled over 10,000 Illinois personal injury lawsuits.

During this 20+ year period, Elman Law Group has built a reputation for its courtroom trial performance, including getting large verdicts for smaller cases.

To speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  This legal consultation is free and confidential.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Illinois Bill Would Prohibit Anonymous Complaints Concerning Nursing Homes

Anonymous complaints concerning Illinois nursing homes would no longer be accepted, or investigated, under a bill currently in the Illinois House of Representatives.

The bill, H.B. 5601, which was introduced earlier this year, would amend the Illinois Nursing Home Care Act to require identifying information about people filing neglect or abuse complaints.

Under the bill, the identifying information would be kept confidential by the Illinois Department of Public Health.  However, nursing home investigators would be able to contact people who filed complaints should they desire further information.

Two excerpts concerning the bill from the April 22, 2016 U.S. News and World Report article titled “Illinois Bill Would Require Identity of People Who Complain About Nursing Homes“:

Authorities in Illinois would not investigate anonymous calls alleging abuse or neglect at nursing homes or assisted living facilities under legislation being considered by state lawmakers, with proponents saying the measure aims to cut back on false accusations and harassment.

Those opposed to the bill, however, say it would put residents’ safety at risk.

also:

Complaints, meanwhile, are one of the main ways authorities can resolve potentially systemic issues within long-term care facilities. They can involve mistreatment or violence on the part of a staff member, financial exploitation, a medication error or unsanitary conditions. People who wish to file one with a state health agency often have an option to remain anonymous, at least to the facility they’re complaining against.

Additional details regarding this bill can be seen in a variety of media sources, including the U.S. News & World Report article mentioned above, as well as the April 15 State Journal-Register article titled “Bill would ban anonymous complaints against nursing homes.”

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Should someone you care for experience Illinois nursing home abuse or neglect or a nursing home accident – or suffer an injury at a similar health care facility such as an assisted living facility, retirement home, skilled nursing facility (SNF) or hospital – please contact the Elman Law Group at (773) 392-8182 to discuss the situation and to discuss the potential of an injury lawsuit.  This no-obligation legal consultation is free and confidential.  Elman Law Group handles cases on a contingency basis…no fees are charged unless and until monetary compensation is achieved.    

Elman Law Group’s Lead Attorney, Tony Elman, is a personal injury trial lawyer.  Over the last 20+ years Elman Law Group has handled over 10,000 Illinois personal injury lawsuits.

During this 20+ year period, Elman Law Group has built a reputation for its courtroom trial performance, including getting large verdicts for smaller cases.

To speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  This legal consultation is free and confidential.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Illinois Law Allowing Electronic Monitoring In Nursing Homes

An Illinois bill to allow video surveillance cameras was discussed in the February 15, 2015 post, titled “Illinois Bill To Allow Nursing Home Surveillance Cameras.”

On August 21, 2015, Illinois House Bill 2462 was signed into law by Governor Rauner.  The law allows residents and their families to place video or audio monitoring devices in resident rooms, subject to various conditions.  The law takes effect January 1, 2016.

The law and its various conditions and provisions are discussed in a variety of media sources.  Three of these sources include the August 23, 2015 thetelegraph.com article titled “Bill to allow monitoring in nursing homes now law,” as well as the August 21 Chicago Tribune article titled “Rauner signs bill allowing nursing home residents to install cameras” and the August 25 AARP press release titled “Bill Allowing Electronic Monitoring In Nursing Homes Signed Into Law.”

Many people have advocated for the ability to legally use video surveillance systems in Illinois nursing homes in order to capture and/or deter potential nursing home abuse and neglect.  As well, the videos can potentially be used in any criminal charges or civil lawsuits.

An excerpt from The Telegraph article:

In drafting this legislation, Madigan cited an increasing need for additional safety measures at Illinois nursing homes as the state’s population continues to age. Currently, Illinois has more than 860 nursing home facilities with more than 76,000 residents. The U.S. Census Bureau also estimates that by 2030, 22.3 percent of Illinois’ population will be aged 60 and older, an increase of more than 28 percent from 2012.

Madigan noted that video and audio monitoring can be used as an added tool to help resolve disputes about suspected abuse or negligence. The Illinois Department of Public Health (IDPH) receives more than 21,000 calls annually and responds to approximately 5,000 complaints, the majority of which involve long-term care facilities. In 2013, the IDPH found 106 allegations of abuse, neglect, or misappropriation of property against residents by facility staff to be valid. In addition, the video and audio monitoring allowed by this law can be helpful to nursing homes by alerting them to employees who may be involved in abusive or unacceptable behavior, and allowing them to take disciplinary measures.

The article also summarizes the law’s main provisions.

Additional details can be seen in the sources mentioned above.

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Should someone you care for experience Illinois nursing home abuse or neglect or a nursing home accident – or suffer an injury at a similar health care facility such as an assisted living facility, retirement home, skilled nursing facility (SNF) or hospital – please contact the Elman Law Group at (773) 392-8182 to discuss the situation and to discuss the potential of an injury lawsuit.  This no-obligation legal consultation is free and confidential.  Elman Law Group handles cases on a contingency basis…no fees are charged unless and until monetary compensation is achieved.    

Elman Law Group’s Lead Attorney, Tony Elman, is a personal injury trial lawyer.  Over the last 20+ years Elman Law Group has handled over 10,000 Illinois personal injury lawsuits.

During this 20+ year period, Elman Law Group has built a reputation for its courtroom trial performance, including getting large verdicts for smaller cases.

To speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  This legal consultation is free and confidential.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Illinois Nursing Homes’ Quality Of Care Provided

The quality of care received in Illinois nursing homes is a critically important issue, yet one that can be difficult to determine.

One organization that rates the quality of nursing homes by state is Families for Better Care, which is a Florida-based nursing home resident advocacy group.  This organization has recently published its second annual “Nursing Home Report Card,” which is described in the September 10, 2014 release titled “New Nursing Home Report Card Released.”

This state-by-state comparison ranked the states’ nursing home quality on  eight different federal quality measures.  The press release above discusses these measures and other commentary.  Additional information regarding the grading methodology is provided on the “Grading Methodology” page.

On the “State Rankings” page, the rating for Illinois nursing homes is provided.  As can be seen on the page, for 2014 Illinois nursing homes ranked 44th out of 50, receiving a grade of “F.”

Key Findings” are presented with regard to Illinois nursing home care quality, and there is also an accompanying September 10, 2014 news release titled “Illinois Drops To 44th In Nursing Home Care.”

An excerpt from this news release:

According to the report card, nearly every nursing home was cited one or more deficiencies. Worst yet, state regulators cited 25 percent of nursing homes for a severe deficiency, indicating ongoing harm to residents.

The above-mentioned “Nursing Home Report Card” does not provide detail about individual Illinois nursing homes, and, of course, quality of care should be assessed on an individual nursing home basis.

However, what this report indicates – and what is further verified in other statistics, reports, media sources and alleged in lawsuits, as seen throughout this site – is that deficiencies, mistreatment, abuse, and neglect does occur in Chicago nursing home care, as well as in nursing homes throughout Illinois.

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Should someone you care for experience Illinois nursing home abuse or neglect or a nursing home accident – or suffer an injury at a similar health care facility such as an assisted living facility, retirement home, skilled nursing facility (SNF) or hospital – please contact the Elman Law Group to discuss the situation and to see if filing an injury lawsuit is warranted.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its court trial capabilities.  This is important for your lawsuit because if an appropriate settlement is not offered, we have a proven track record of achieving highly attractive court verdicts.

In fact, because of this courtroom trial capabilities, many well-known law firms choose to have Elman Law Group take cases to court. 

To speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  This legal consultation is free and confidential.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Bedsores And Potential Health Problems

In this site, it is often mentioned that many other health ailments can accompany bedsores.  While the reasons for this are various, often a general state of neglect leads to many of these health problems.

Bedsores, if left untreated, often lead to serious direct and indirect health problems.  As discussed on the Chicago Bedsores Lawyer page, of the potential health problems that can occur due to bedsores, two are infections and sepsis.

Infections and sepsis are mentioned in a National Institutes of Health (NIH) video, seen on its National Institute of General Medical Sciences (NIGMS) site, titled “The Body’s Response to Traumatic Injury.”  In this video, which is slightly over three minutes in length, Dr. Scott Somers discusses the body’s reaction to traumatic injury, in which he discusses the following:

  • Shock
  • The “systemic nature” of injuries
  • The “injury process”
  • The inflammatory and immune response
  • Traumatic injuries’ impact on organs
  • Infections
  • Sepsis

Further information can be seen in the NIGMS video mentioned above.

If someone you care for has developed bedsores, it is of critical importance that they receive prompt and proper treatment.

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Should someone you care for experience Illinois nursing home abuse or neglect or a nursing home accident – or suffer an injury at a similar health care facility such as an assisted living facility, retirement home, skilled nursing facility (SNF) or hospital – please contact the Elman Law Group to discuss the situation and to see if filing an injury lawsuit is warranted.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its litigation (court trial) capabilities.  This is important for your lawsuit because if we are unable to attain an appropriate settlement, we have a proven track record of achieving highly attractive court verdicts.

In fact, because of this litigation capability, many well-known law firms choose to have Elman Law Group litigate cases. 

To speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  This legal consultation is free and confidential.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.