Articles Posted in Nursing Home Abuse

by

In medical malpractice lawsuits, documentation is key in proving both the plaintiff’s and defendant’s cases. A jury is much more likely to believe what is documented in the chart than testimony that is generally provided several years after the alleged medical malpractice took place. However, when something is not documented in the chart, then it is up to both parties to convince the jury that their version of the events is true.

In the Illinois medical malpractice lawsuit of Dolores Murray v. Diane Price-Gordon, R.N., 06 L 9083, the plaintiff was unable to convince the jury that the defendant nurse had acted negligently. Instead, the jury sided with the defendant and her version of the events despite the lack of support provided by the medical chart.

In Murray, the plaintiff claimed that the defendant nurse’s failure to monitor the plaintiff’s vital signs led to her permanent upper extremity paralysis. However, the nurse maintained that she had properly monitored and observed the plaintiff and that her actions were not responsible for the plaintiff’s paralysis. While the plaintiff relied more on the lack of documentation in the medical chart, the defendant relied more heavily on medical experts’ testimony to prove her case.

Continue reading

by

In order to prove medical negligence, a plaintiff needs to demonstrate that the doctors or nurses operated outside of the standard of care, i.e. the regular level of care required in a given situation. If the plaintiff fails to demonstrate that the doctors or nurses acted outside the normal standards, then the court will likely rule that there was no medical negligence even if faced with a negative medical outcome.

Take for example the nursing home negligence case of Attorney General of Illinois v. Westwood Manor, et al. The case was brought by the Illinois Attorney General’s Office after an elderly resident at Chicago’s Westwood Manor nursing home facility died from burn-related injuries. The 81 year-old resident had received second and third degree burns after being bathed by one of the nursing home’s nurses. The case was complicated by the fact that there was over a two week delay in treating the burns. As a result of the burn injury, both of the nursing home resident’s legs needed to be amputated and she died less than three months later from related complications.

Continue reading

by

A Will County jury found in favor of a Wilmington, Illinois nursing home in a wrongful death lawsuit in which the decedent’s family claimed the nursing home failed to provide adequate care. The not guilty verdict in Martin Donegan v. Embassy Care Center, 05 L 782 (Will County), came despite evidence that the nursing home had failed to perform a neurological exam following the resident’s fall.

The Illinois nursing home malpractice suit involved 53 year-old Martin Donegan. Donegan was a resident at Embassy Care Center due to his paranoid schizophrenia diagnosis. In July 2005, the nursing staff found Donegan out of his bed and in another patient’s room. While in that patient’s room, Donegan had fallen and hit his head.

While the typical procedure following any sort of fall is to perform a neurological assessment, which could include assessing a patient’s reflexes, gait, and general behavior, the nursing staff failed to do so. Instead, Donegan was simply returned to his own bed and a phone message was left for his treating physician. The treating physician failed to return that call and no further steps were taken following Donegan’s fall.

Continue reading

by

The right to a trial by jury is a central tenant to American law. As a result, courts tend to be reluctant to overturn a jury’s verdict. However, there are some exceptions to this rule. For example, if a jury’s verdict is found to be in conflict with current laws, a court might overrule the verdict. Also, if a jury award contradicts the jury’s own statements and opinions, then a judge or court might be inclined to vacate the jury verdict.

The Illinois wrongful death case of Philemont Garcia, etc. v. Seneca Nursing Home, etc., 2011 Ill.App. (1st) 103085, demonstrates what happens when an jury contradicts itself. The Cook County jury awarded the decedent’s estate $1 million as compensation for Roberto Garcia’s fall to his death after he climbed out of a fifth story window while staying at Seneca Nursing Home. In theory, the jury award meant that the jury had found the defendant nursing home negligent for contributing to the decedent’s death. Yet in a response to a special interrogatory, the same jury had stated that the nursing home could not have foreseen the circumstances leading to the resident’s death.

The case facts of the Illinois wrongful death lawsuit centered around Roberto Garcia, a resident at Seneca Nursing Home. Garcia suffered from paranoid schizophrenia, along with blindness, abnormal muscle tone, and chronic restlessness. He suffered from delusional behavior and occasional hallucinations. In addition, Garcia had difficulty walking on his own and was essentially wheelchair dependent. Yet despite his physical limitations, Garcia was found wandering away and hiding at times and had made more than one attempt to try and climb out his bedroom window.

According to trial evidence, there was no record of Garcia ever being identified as presenting a risk for self-harm, suicide, or escape. As a result, no clear plan was ever developed to prevent him from climbing out of his window. The lack of preventive measures was partly explained through testimony by Garcia’s psychologist and psychiatrist, both of whom testified that they did not think that the fifth floor windows in Garcia’s room even opened. They further stated that if they had known that they did, they would have been more proactive in formulating a preventive care plan to limit Garcia from escaping through the window.

At the end of the trial, the defense submitted a special interrogatory to the jurors. A special interrogatory is a question a party submits to the jurors, typically aimed at deciding a major legal component of the case. In Garcia, the defense submitted a special interrogatory that asked whether the jurors believed it was “reasonably foreseeable” that Garcia would kill himself or act self-destructively. The Cook County jury answered in the negative, but then went on to enter a $1 million jury verdict in favor of the nursing home’s negligence.

Continue reading

by

The field of medicine is generally associated with healing – we go to our doctors when we don’t feel well and expect them to treat us. Yet a large part of medicine is also prevention. Women undergo yearly mammograms to try and catch breast cancer early on, while people with high blood pressure take medication to try and prevent heart attacks or strokes.

Doctors and nurses are responsible for identifying the risk of future medical problems and developing a treatment plan to avoid that risk. For example, some patients with decreased mobility and strength might be at risk for falling during a hospital admission or rehab stay. Therefore, nurses need to evaluate patients to determine whether or not their conditions puts them at an increased risk for falling. Once the degree of risk is determined, the medical staff can work together to create a prevention plan to insure the patient’s safety. It is when these risks are not properly evaluated and prevented that nursing malpractice and medical negligence can occur.

The Illinois wrongful death lawsuit of Sorce v. Shorehaven Health and Rehab. Ctr., 09 CV 3083 (Waukesha County), illustrates what can happen if there are not adequate fall prevention measures in place. The 76 year-old Sorce had been admitted to the Shorehaven Health and Rehabilitation Center as part of his recovery from brain surgery. During his admission, Sorce was using a walker to get around and was generally given assistance with getting up and around.

However, one day towards the end of his stay, Sorce was sitting in his recliner chair when he realized he needed to use the restroom. As was his practice, Sorce pressed his call button to request nursing assistance to the bathroom. However, as more time passed and his call continued to go unanswered, Sorce elected to try and reach his walker and the bathroom by himself. Sorce raised himself out of his recliner, took a few steps across the room, but then fell on the floor and hit his head.

Continue reading

by

An elderly man required an above the knee amputation with a flesh-eating bacteria after his heel ulcer became infected . He brought an Illinois nursing negligence lawsuit against the home health service that was supposed to be monitoring his pressure ulcer. The Cook County jury awarded the plaintiff $793,644 for his suffering and disability as a result of the healthcare service’s negligence in Rudolph v. Northwestern Memorial Home Healthcare.

The medical negligence can be traced to the plaintiff’s right hip replacement in December 2000. During his recovery at the Rehabilitation Institute of Chicago, the 79 year-old William Rudolph developed a blister on his right heel that quickly progressed to a Stage III pressure ulcer. Pressure ulcers typically develop in bedridden or wheelchair-bound patients whose limbs stay in one position for extended periods, which limits the blood supply to that area. They are typically identified by stages of severity, with Stage I being the least severe and Stage IV being the most severe.

After Rudolph’s release from his inpatient rehab stay, Northwestern Memorial Home Healthcare was assigned to treat the plaintiff’s pressure ulcer. The healthcare service would make in-home nursing visits to Rudolph in order to maintain the integrity of the area around the wound, clean and treat the pressure ulcer, and prevent the ulcer from progressing to a Stage IV ulcer. In order to do so, the nursing service visited Rudolph three times per week during December 2000 and January 2001, during which time the heel wound remained a Stage III ulcer.

Continue reading

by

The State of Illinois has been investigating Alden Village North and assessing whether the quality of care provided at the Illinois nursing home meets state standards. If not, the state plans on closing the Chicago nursing home because of overwhelming reports of nursing home abuse and neglect. New reports of five additional deaths caused by poor health care at the facility does not bode well for its future.

In addition to the state’s investigation, a federally-backed watchdog group, Equip for Equality, found that illnesses at Alden Village North were not properly treated, doctors ignored pages, lab results were discarded and investigations into the deaths of its residents were found to be superficial at best. The Chicago-based Equip for Equality group started its own investigation as part of a nationwide advocacy group that has been granted broad powers by Congress to help protect people with disabilities.

As part of its investigation, Equip reviewed patient records at Alden Village North in order to assess the quality of nursing home care being provided. Its investigation is now completed and Equip filed its official report with the State of Illinois this past month. Presumably the state will consider Equip’s report as it makes its decision about the future of the Chicago nursing home.

Continue reading

by

A recent Illinois Supreme Court decision changed the way damages can be sought under the Illinois Nursing Home Care Act. The Court ruled unanimously in a 6-0 ruling that punitive damages cannot be awarded for wrongful death cases under the Nursing Home Care Act in Thomas Vincent v. Alden-Park Strathmoor, Inc., No. 110406.

Punitive damages are different than compensatory damages, which are awarded by courts and juries as payment for actual harm or losses suffered as a result of the defendant’s actions. While compensatory damages are seen almost as a way to reimburse the plaintiff for their loss, punitive damages are meant as a way to punish a defendant for its actions. Punitive damages are typically awarded in addition to compensatory damages and are only awarded when the defendant’s actions are so grossly negligent that additional censure is needed.

In the underlying Chicago nursing home malpractice case, Thomas Vincent, the legal representative for his deceased mother’s estate, filed a complaint that contained three counts requesting damages be paid by Alden-Park Strathmoor, Inc. for its negligent care and treatment of his mother prior to her death. While two of the counts sought compensatory damages, the third and final count was a survival claim filed under the Nursing Home Care Act which included a request for punitive damages for the nursing home’s allegedly willful and wanton conduct.

Continue reading

by

Wincrest Nursing Center on Chicago’s North Side has been investigated by state and federal authorities for violations committed in its nursing home. The most recent result of this ongoing investigation was a 21-page document theCenters for Medicare & Medicaid Services submitted to the nursing home facility in late February.

Included in the Medicare & Medicaid report were allegations of nursing home abuse, specifically that Wincrest failed to notify state officials of felons living within the facility, which is required under Illinois law. In addition, the report accused Wincrest of being aware that some of its residents had used illegal drugs while housed at its nursing home facility and had been involved in crimes in the area surrounding the nursing home.

Wincrest is an 80-bed home located near Chicago’s Loyola University in Roger’s Park. While Wincrest is mostly home to adults with mental illnesses, some of its residents are known to have felony records. There are seven Loyola resident halls located within a block radius of Wincrest, which house about 600 students.

Continue reading

by

The Illinois Department of Public Health has moved towards the final steps in closing an Illinois nursing home following several deaths of its residents in recent years. According to the governor’s senior health policy adviser, Michael Gelder, the decision was in part preemptive and was simply because “we don’t want another tragedy to occur.”

The State of Illinois advised Alden Village North Nursing Home that it intends to revoke its nursing home license and close the facility located at 7464 N. Sheridan Road in Chicago. As of October 2010, the Illinois nursing home housed around 90 adults and children with severe developmental disabilities. Illinois state officials reported that since January 2008 there have been at least eight serious violations of nursing home abuse and negligence at Alden Village North.

Continue reading