Kane County, Illinois Nursing Home Resident Settles After a Below the Knee Leg Amputation
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 or even death.
This case involved an Illinois nursing home resident at Provena Senior Services Nursing Home in Kane County, Illinois. In this Illinois nursing home abuse lawsuit, the nursing home resident was a diabetic patient, which left him even more at risk for potential skin breakdown if inadequate nursing care was provided. A diabetic patient is also more at risk for having a poor outcome if skin ulcers develop, which is also shown in this case where the skin ulcer worsened to the point that the nursing home resident required a below the knee amputation.
The Illinois nursing home negligence lawsuit alleged that the nursing staff had failed to maintain adequate skin care, which resulted in the development of a skin ulcer. However, the defendant nursing home denied that it had caused the skin ulcer to develop.
Approximately 250,000 hip fractures occur each year among people older than 65 in the United States, with falls accounting for 87% of all fractures among people age 65 or older. And for the elderly, hip fractures can lead to severe health problems or even death.
While local Illinois nursing homes are assuring residents that those residents with psychiatric or criminal histories are segregated from those residents who are elderly, infirm, or ill, this does not always prevent the nursing home residents from coming to harm. There have been reports of elderly residents being attacked, injured, or raped by some of the mentally ill residents or those who are convicted felons.
Starting in the 1990s insurance companies began taking advantage of baby boomers by scooping up thousands of individual long-term care insurance policies. It seems that the expectation by the insurance companies was that the buyers would eventually give up paying the annual premiums and close out the files by taking the collected premium.
In 2003, the resident, Dorothy Lawrence, began living at Beverly Manor Nursing Home in St. Joseph, Missouri. At the time Lawrence's daughter, Phyllis Skoglund, had power of attorney for her mother and signed the contract with the nursing home on behalf of the resident.
In the past 3 years the instances of nursing home deficiencies in Illinois and nationwide has risen to over 91 percent. A "nursing home deficiency" would be anytime a nursing home fails to comply with federal requirements and standards. The most commonly cited of the 16 possible deficiencies were in terms of quality of care, quality of life, and resident assessment.
All five of the plaintiffs are Cook County, Illinois residents that are eligible for Medicaid. All were living in private nursing homes that received state and federal funding. Plaintiffs believe that they could have been living in their own personal residences if they had been given the appropriate services. The plaintiffs alleged that the state of Illinois had denied them the benefits they would have received from various community services, specifically long-term care services and support in a community setting as opposed to the long-term, nursing home settings they were currently being offered. They further allege that these sorts of services would have given them the opportunity to live somewhere other than an institutionalized setting.
Making the decision to entrust an elderly relative to receiving care at a nursing home is a hard one. Laws like the Illinois Nursing Home Care Act seek to alleviate some of the anxiety of the nursing home decision by addressing concerns of inadequate, improper and degrading treatment of patients in nursing homes. The Act provides residents with a wide range of rights, including the retention of a person’s own personal physician at their own expense. Chicago Mayor Richard M. Daley, then a State Senator for the 23rd District, was one of the chief sponsors of the Act when it was passed in 1979.
However, too often we hear about nursing home residents with Alzheimer's who receive substandard care and come to harm because of a lack of understanding regarding their disease. Take for example the case of 87 year-old Melanie, a nursing home resident suffering from the Alzheimer’s disease. One day she became increasingly aggressive and the employees called for nursing assistance to assess the situation. But no one answered the repeated calls for assistance over the next several hours.