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Elder Law

Illinois Nursing Home Abuse Blog Illinois Nursing Home Abuse Blog


By Levin & Perconti

Post Frequency: 3.7/day

Last Entry: November 03, 2020 at 10:01:32

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Case Law Update: Survival Complaint in Landlord Tenant

Posted on April 11, 2009
Fan v. Auster Company, No. 1-07-2604 (3-30-09) found that the trial court erred when it granted summary judgment in favor of defendants dismissing plaintiff's wrongful death and survival complaint for negligent maintenance of elevator doors in warehouse building through which plaintiff's decedent, employee of sub lessee, fell and died...


Case Law Update: Punitive Damages in Wrongful Death

Posted on April 11, 2009
The Illinois case of Martson v. Walgreen Company, No. 1-07-0209 (March 31, 2009) affirmed that the death of plaintiff's decedent, before trial of cause of action against pharmacy and dispensing pharmacist, for filling his prescription for anti gout medication with medication for diabetes; causing him to go into kidney failure, suffer brain damage, and, ultimately, die, absent specific authorizing legislation, foreclosed award of punitive damages...


Illinois Man Accused of Defrauding Mother

Posted on April 11, 2009
A Lake County man who is oftentimes running for politics is facing charges that he swindled nearly $200,000 from his ailing mother. The man turned himself into Lake County, Illinois authorities on a warrant for theft over $100,000 and unlawful financial exploitation of the elderly...


Nursing Home is alleged to have Predator Roaming the Halls

Posted on April 11, 2009
In a nursing home cradled in mountains, workers say a predator stalked the elderly in its halls. Authorities say that for nearly a decade, he fondled, groped and may have even sodomized patients. These were patients who may have not been able to walk, speak or see...


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Nursing Home Employee Arrested After Hitting Resident At Champaign County Nursing Home

Posted on April 10, 2009
Sharoia Hill of Danville was arrested for alleged assault against a nursing home resident at Champaign County Nursing Home in Urbana. According to a report in the Champaign News-Gazette, Champaign County police arrested Hill, a CNA at the home, for allegedly hitting a resident in the face...


Man?s Death at Nursing Home is Under Investigation

Posted on April 09, 2009
An 86-year-old man, reportedly suffering from dementia, rolled down a short flight of stairs in his wheelchair at his retirement home and suffered fatal injuries. Sources say that the man was able to leave the oversight of his nursing home attendants and go through at least one security door, eventually coming upon the area where he suffered his injuries...


Guilty Plea in Nursing Home Wrongful Death

Posted on April 09, 2009
A healthcare group that ran nursing home pled guilty in a case that ended with the wrongful death of a resident. The investigation was launched after a former resident died in 2006. The woman had been transferred to a hospital where doctors found out she had breast cancer and died three months later...


Worker Accused of Stealing from Patients at an Assisted-living Facility

Posted on April 08, 2009
An elderly woman discovered that her two gold rings, one with a diamond-encrusted flower, the other a pearl was missing from her room at an assisted-living facility. Police say that the ring was stolen and then pawned by an employee at the assisted-living facility...


Elderly Woman?s Death was not one with Dignity

Posted on April 06, 2009
An expert on geriatric medicine testified that an 84-year-old Illinois woman did not die a dignified death under the care of her two daughters, both of whom are on trial in Kane County for criminal neglect. The two women are charged in connection with the wrongful death of their mother, who was found in squalid conditions in the Geneva, Illinois house that the three shared...


Senator Hatch Reintroduces Elder-Abuse Bill

Posted on April 06, 2009
Senators Orrin Hatch and Blanche Lincoln have reintroduced a bill designed to help curb elder abuse. Hatch noted that more than 500,000 Americans over 60 are victims of domestic abuse. He wishes that this bill would protect the elderly from those who would prey upon them physically, financially and psychologically...


Office Starts Training Program on Elder Abuse

Posted on April 05, 2009
In one state an attorney general?s office held training sessions to help people recognize elder abuse. About 100 people in fields relating to seniors such as long-term care personnel, nurses, social works and law enforcement officers participated. They wanted to train everyone in law enforcement to recognize elder abuse...


New Legislation Targets Nursing Home Bonuses

Posted on April 05, 2009
The United States Congress is considering nursing home legislation that would eliminate taxpayer-funded bonuses to nursing homes. This would be an amendment to a nursing home budget bill. The amendment was accepted to unanimous consent of the Senate, but is still waiting to be approved...


Elder Neglect Trial Begins

Posted on April 04, 2009
Images of filth were the first things testified to at an elderly neglect trial. A paramedic described the cluttered home where ants crawled along the foot of an ailing 84-year-old woman?s bed. He immediately knew something wasn?t right. He testified that he found a cluttered home with a ?distinct? smell of urine and feces...


3 Women Plead Guilty to Crimes against a Nursing Home Resident

Posted on April 03, 2009
A trio of women pled guilty to crimes against a nursing home resident. The three women stole a nursing home patient driver?s license and social security card. She and the other defendants used them to obtain credit cards, cell phones and other goods and services totaling more than ten thousand dollars...


CMS Unveils Pilot Incentive Program to Enhance Nursing Care

Posted on April 02, 2009
The Centers for Medicare & Medicaid Services (CMS) plans to test a pay-for performance program to improve the quality of care in nursing homes. In Medicare-certified nursing homes based in Arizona, Mississippi, New York and Wisconsin all homes will be invited to join the Nursing Home Value-Based Purchasing demonstration project, which will run for three years...


Number of Assisted Living Lawsuits Growing

Posted on April 02, 2009
There are a growing number of lawsuits alleging assisted living nursing home abuse and neglect in the fast-growing industry. One such lawsuit resulted in an $11 million verdict after a jury determined that an assisted living facility was responsible for a man?s wrongful death...


Steven Levin Speaks to Elder Law Class

Posted on April 01, 2009
On March 31, Steve Levin spoke to the Elder Law class at DePaul University Law School in Chicago on topics related to nursing home litigation. During his discussion, Steve covered the Nursing Home Care Act, conditions in nursing homes, as well as careers in nursing home litigation...


Gunman Kills Eight in Nursing Home

Posted on March 31, 2009
Detectives believe that a gunman may have killed eight people in a nursing home because his estranged wife was employed there. The 45-year-old man went on a terrifying rampage on a Sunday morning, killing seven nursing home residents and one nurse. He also wounded three other people...


Case Workers Charged with Elderly Abuse

Posted on March 30, 2009
Three case workers with the department of social services are facing elderly abuse and neglect charges after leaving an elderly man in care of his ill-equipped daughter. The three employees were charged with misdemeanor abuse or neglect after they found the victim in the bed unable to move...


Report Details Abuse at Local Nursing Home

Posted on March 30, 2009
Several residents of a local nursing home suffered repeated physical and sexual abuse at the hands of their fellow residents. State officials state that the nursing home management failed to stem or report any of this alleged abuse. Victims included both male and female residents at the nursing home which is on the federal government?s list of the nation?s most troubled nursing homes...


Levin & Perconti Files Wrongful Death Lawsuit against Alden Poplar Creek Rehabilitation and Health Care Center

Posted on March 30, 2009
Attorneys Steven Levin and Margaret Battersby of Levin & Perconti have filed a lawsuit against Alden Poplar Creek Rehabilitation and Health Care Center in Hoffman Estates. Levin & Perconti filed the lawsuit on behalf of Warren Osborn for the wrongful death of his 94-year-old mother, Mildred Osborn, who was a resident at the nursing home...


Nursing Home Settles for $600,000 in Wrongful Death

Posted on March 28, 2009
The owner of a nursing home for developmentally disabled adults has agreed to a $600,000 out-of-court settlement with the family of a man who died after he was physically restrained by his caregivers. The 30-year-old man died in late October. An investigation determined that the man died from ?excited delirium? which is a condition traditionally associated with police death-in-custody cases, in which struggling suspects suddenly stop breathing after being forcibly restrained...


Nursing Home Worker Sentenced for Fraud

Posted on March 28, 2009
A nursing home worker was sentenced to eight years in prison and 22 years of probation for stealing from elderly patient accounts. The nursing home employee must also pay $200,000 in restitution following her sentencing of one count of grand theft and 41 counts of forgery...


Elderly Neglect Case Leads to Charges

Posted on March 27, 2009
Charges have been filed against three employees at a state?s social service department after an investigation into the well-being of an 85-year-old city man. They were chargd with elderly abuse and neglect of an incapacitated adult. Police checked on the 85-year-old man and found that the man was a victim of elderly neglect...


Maggots are no Longer Cure for Festering Wounds

Posted on March 27, 2009
Putting flesh-eating maggots into open wounds has not been found to be helpful. The maggots do clean wounds more quickly than normal treatment, yet this does not lead to faster healing. A study shows that this ?so-called? larval therapy more painful...


Nursing Home Patient Charged with Sexual Battery

Posted on March 27, 2009
A nursing home patient was charged with sexual battery of another patient. According to the police, the 65-year-old attacker, who has been diagnosed with schizophrenia and depression, was found on the bed of a profoundly mentally retarded resident who has cerebral palsy and is unable to walk or talk...


Elderly Woman Raped at Nursing Home

Posted on March 26, 2009
Authorities believe that an 87-year-old woman with dementia may have been sexually assaulted at her nursing home. The woman is currently being treated for pneumonia where she is in serious condition. Nurses found evidence during the examination that she may have been molested at the nursing home...


Bill Will Require Nursing Home Residents who live near Sex Offenders to Be Notified

Posted on March 26, 2009
A state?s law says that people who live within 1,000 feet of a convicted sex offender must be notified; however a loophole in the law leaves out residents of nursing homes, assisted living centers and other long-term care facilities. In one instant, an 18-year old mentally retarded woman was raped by a sex offender who lived in the building...


Internet Scam Victimizes the Elderly

Posted on March 25, 2009
An internet scam that is sweeping the nation is defrauding many elderly residents. The scam involves elderly residents winning the lottery in foreign countries, and then being forced to transfer taxes upfront before the fictitious winnings are released...


Illinois has most mentally ill in nursing homes

Posted on March 25, 2009
Illinois ranks the highest among the states in the number of mentally ill adults under the age of 65 living in nursing homes. Last year, over 12,000 mentally ill individuals lived in nursing homes in Illinois. The high number is due to the seven state-run mental hospitals that have been closed since 1980...


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