The Illinois Appellate Court recently considered issues of punitive damages under the Illinois Nursing Home Care Act in an ongoing Illinois nursing home abuse case, Vincent v. Alden-Park-Strathmoor, Inc., No. 2-09-065 (April 7, 2010). The court rejected plaintiff’s argument that punitive damages could be recovered in a survival action under…
A recent Illinois nursing home negligence settlement highlights one of the biggest problems plaguing nursing home residents – inadequate skin care. Many nursing home residents are bedridden and require careful monitoring and stringent skin care plans in order to avoid developing skin ulcers, which if untreated can lead to infection…
In an age when reports of nursing home abuse are becoming all too common, picking a nursing home for an elderly relative is never an easy task. A recent book, Taking Charge: Good Medical Care for the Elderly and How To Get It, makes the process a little easier by…
One out of every three Americans 65 years or older will suffer injuries as a result of a fall. According to the Illinois-based Academy of Orthopaedic Surgeons, falls are the leading causes of injury among senior citizens with death from falls on the rise since 2000. Approximately 250,000 hip fractures…
Like nursing homes nationwide, nursing homes in Illinois are not devoid of elder abuse. However, a recent series of articles published by the Chicago Tribune has highlighted a growing trend among Illinois nursing homes that admit dangerous residents. According to the articles, Illinois nursing home residents are increasingly found to…
As my dad used to always say, “it’s no fun getting old,” something that baby boomers are discovering as they begin to reach their golden years. More and more baby boomers are settling into nursing homes and are looking to make a claim on the long-term care insurance that many…
A recent Missouri Supreme Court case ruled that a nursing home cannot enforce a mandatory arbitration clause against a former resident’s children even if an arbitration agreement with the nursing home had been signed. The court found that “the plaintiff in a wrongful death action is not bound by an…
According to a study published in 2003 by the Office of Inspector General’s (OIG), deficiencies in nursing homes increased between 1998 and 2001. Although there appeared to be considerable variation with states regarding the average number of deficiencies per home and the percentage of nursing homes with deficiencies. In the…
Five Cook County, Illinois residents with disabilities recently filed a class action lawsuit who are living in nursing homes after being denied access to community services that would have allowed them to live in an integrated, community setting. Colbert v. Blagojevich (Case No. 2007 C 4737). The plaintiffs aren’t alleging…
Illinois has enacted legislation to protect nursing home residents because of past instances of nursing home abuse. For example, like many nursing home residents, Fred was admitted to a nursing home when his health declined to the point that his daughter was no longer able to continue caring for him…