Nursing homes play an essential role for elderly and sick individuals. They should be places of safety and refuge. Sadly, physical abuse within nursing homes is not unheard of. When a vulnerable resident suffers harm due to physical abuse, the resident or the resident’s loved ones may be able to take legal action to protect their rights and seek justice. In this blog, we will explore the issue of physical abuse in nursing homes and explain how a lawyer can help a nursing home abuse victim seek justice and compensation.

Physical Abuse in a Nursing Home

There is no doubt that nursing home staff have a challenging job. Caring for individuals who suffer from severe physical health conditions or cognitive impairment can be exhausting. However, nursing home staff are legally and ethically obligated to treat nursing home residents with respect and compassion.

Unfortunately, not every nursing home employee upholds this crucial duty. Nursing home abuse can take many different forms, including:

Antibiotics are supposed to kill bacteria. However, some bacteria survive antibiotics and begin to grow and multiply. Eventually, certain strains of bacteria become resistant to common antibiotics. Many experts blame the overuse of antibiotics for the rise in these so-called “superbugs.”

For vulnerable nursing home residents, superbugs are a potentially deadly threat. Nursing home staff must take appropriate precautions to prevent the spread of bacteria in the facility and keep residents as safe as possible. Failure to maintain a clean, hygienic facility and use appropriate measures to prevent the spread of bacteria can lead to avoidable infections.

Nursing Homes Must Take Steps to Reduce Drug-Resistant Bacteria

Nursing homes have a legal duty to ensure a reasonably safe and hygienic facility. Residents in nursing homes are already vulnerable to infections due to compromised immune systems and other health problems. Not every infection can be prevented, but nursing home staff must take reasonable steps to reduce the chances of a patient being infected by bacteria and other pathogens.

For most of us, eating is something that we do without giving it much thought. We may eat while watching TV, working, or even driving. However, the risk of choking while eating is always present, and this risk is especially severe for nursing home residents.

Residents in a nursing home are at an increased risk of injury or death caused by choking on food. Many residents are elderly and have reduced muscle mass which can make it difficult to swallow food. Others are on medication that causes dry mouth or other symptoms that make eating more challenging.

Nursing homes have a legal duty to take reasonable steps to prevent residents from choking. If a nursing home resident is injured or killed due to a choking incident, the nursing home may be liable for damages in a nursing home injury or death claim.

Slipping and falling is extremely dangerous for elderly people and those with significant health concerns. In 2020, 3 million older adults needed to visit the emergency room because of a fall accident. Fall accidents involving the elderly often lead to hip fractures and other broken bones, traumatic brain injury, spine injury, and other severe, life-threatening injuries. Falling is also the leading cause of injury death for individuals aged 65 and older. Consequently, preventing fall accidents is a crucial responsibility in nursing homes and other long-term care facilities.

If your loved one was seriously injured or passed away after falling in a nursing home, you may understandably be desperate for answers. Why did this happen? Is there anything the nursing home could have done to prevent this tragedy? What are my legal rights?

In this blog, we will discuss liability for nursing home fall accidents and what a loved one of an injured nursing home resident can do to take legal action against a negligent nursing home.

When an individual suffers age-related cognitive decline or significant illness, he or she may require round-the-clock care in a nursing home. Living in a nursing home inevitably leads to a loss of independence. For example, an elderly person who has lost his eyesight may no longer have a valid driver’s license or be able to drive. An individual with advanced Alzheimer's disease may not be permitted to walk around the grounds of the nursing home facility alone because she could get lost.

However, nursing home residents still have important rights that are protected by state and federal law. In this blog, we will discuss some of the most important rights afforded to nursing home residents and what you can do if you believe that your loved one’s rights have been violated.

Rights Protected by the U.S. Constitution

Nursing home residents have all of the rights afforded to U.S. citizens. This includes the right to practice their chosen religion, the right to free speech, and the right to be free from discrimination. Nursing home facilities must provide equal access to care regardless of a nursing home resident’s medical condition, race, income level, or gender.

Nursing home negligence is a serious and growing problem in the United States. Not only is this form of negligence shockingly cruel and despicable, such negligence can easily lead to life-threatening injuries and sometimes even death. Several factors contribute to nursing home negligence, which is essential to understand why this form of negligence is so prevalent. If your loved one has suffered from instances of neglect, contact a nursing home negligence attorney to ensure those responsible can be held accountable for their actions. 

Factors that Contribute to Nursing Home Negligence

One of the primary causes of nursing home negligence is understaffing. Many nursing homes are understaffed, meaning caregivers may be forced to work long hours and care for many residents. This can lead to burnout and fatigue, which can, in turn, result in mistakes, neglect, or abuse. In addition, understaffing can make it difficult for caregivers to provide individualized care to each resident, leading to a decline in the quality of care.

Another factor that contributes to nursing home negligence is poor training. Caregivers in nursing homes may not receive the proper training or education on how to care for residents with complex medical needs, such as dementia or Alzheimer's. This can result in mistakes or neglect that can seriously harm residents. In addition, caregivers may not receive training on identifying and reporting abuse or neglect, which can result in unreported cases.

Chicago is called the Windy City, but it is also known for having surprisingly warm summer weather. As summer approaches, nursing homes must be vigilant for signs of heat-related illnesses and other summertime dangers. Elderly people are more sensitive to higher temperatures and can suffer heat related-illness much more easily than a younger person would.

Many nursing home residents also have medical conditions or take medications that can make it harder for their bodies to cope with higher temperatures. It is imperative that nursing home staff be aware of the dangers associated with rising temperatures, the signs of heat-related conditions such as heat stroke, and take precautions to prevent wandering and elopement.

Heat-Related Health Concerns for Sick and Elderly Nursing Home Residents

The National Institutes of Health explains that certain factors make it more likely for an older person to suffer a heat-related illness. Many elderly people suffer from high blood pressure, poor circulation, and general weakness. Many take medications such as diuretics that can increase the chances of dehydration and heat exhaustion. For these reasons, a summertime temperature that may be merely uncomfortable for a healthy person could be extremely dangerous for an elderly or sick person.

One of the primary responsibilities of any nursing home is to supervise nursing home residents and ensure their safety. Most nursing home residents have one, if not more, significant medical concerns. They may suffer from cognitive decline that makes them at risk for wandering or elopement from the facility, physical conditions that require round-the-clock care, or medical issues that increase the chances of falling or other accidents.

Unfortunately, understaffing is a frequent problem in nursing homes, and when there are not enough staff to provide adequate supervision, catastrophic injuries can occur. Residents may wander off the premises of the facility and sustain serious bodily harm or even death. They may fall without anyone noticing until it is too late, leading to a traumatic brain injury. Without appropriate observation, residents may suffer from malnutrition or dehydration. In extreme cases, unsupervised residents may even suffer physical and sexual abuse at the hands of staff or other residents.

Lack of Staff and Undertraining Increase the Risk of Catastrophic Injury and Death

Nursing homes are desperate for qualified staff. Research shows that nursing homes lost more than 14 percent of the workforce between February 2020 and July 2022, and this problem has not been rectified. Many nursing homes are making do with what they have, but fewer staff ultimately means fewer eyes and ears on vulnerable residents.

Nursing homes help residents with everyday needs like bathing and eating. However, nursing home staff are also expected to provide medical care, if needed. When they fail to provide appropriate medical care, or when there is a delay in providing such care, the resident or the resident's surviving family may be able to file a claim against the facility and recover compensation for damages. A successful claim requires evidence that the nursing home staff failed in their duty of care towards the resident and that this failure caused an injury or illness.

When is a Nursing Home Required to Provide Medical Treatment?

Nursing home staff are primarily responsible for routine medical needs such as administering medication and helping with daily living tasks. If a resident requires immediate emergency medical care or has medical needs above and beyond the facility's capabilities, the nursing home must secure the appropriate treatment for the resident. This may require ambulance transportation to a hospital.

Failure to Provide Medical Treatment or Delay in Providing Treatment

If a nursing home fails to provide medical treatment or take the steps needed to secure additional care, then the facility may be held liable for negligence. Medical negligence can also occur when a nursing home fails to recognize the signs of a serious medical condition. For example, if staff do not recognize signs of a stroke, the resident may not receive the help he or she needs in a timely manner, resulting in brain damage or death.

Most would agree that nursing home staff and medical professionals have extremely demanding jobs - especially in today's world, where the elderly population is growing and nursing home facilities are chronically understaffed. Nursing home workers must always be mindful of the needs and safety of their patients because when an error or omission occurs during their care, it can have devastating consequences.

Although most can sympathize with the difficulty facing nursing home staff, this is not an excuse for substandard care or neglect. When a nursing home mistake or oversight involving a breathing tube leads to a resident's death, the nursing home may be liable for damages.

Deadly Breathing Tube Errors

Breathing tubes or endotracheal tubes (ET) are used to help a nursing home resident who cannot breathe on his or her own. The tube is placed in the resident's airway and hooked up to a ventilator. When used correctly, breathing tubes can be life-saving devices. However, a deadly mistake can occur when the tube is incorrectly inserted or secured. Nursing home staff must carefully monitor a resident's vital signs while they are intubated and recognize signs of distress. Breathing tubes can become clogged, cutting off the supply of oxygen to the resident's brain. This can cause brain damage in a matter of minutes and death soon after.

In a previous blog, we discussed when nursing home staff may use physical restraints on a resident. According to the Illinois Nursing Home Care Act, physical restraints must be a last resort solution for residents who are at risk of hurting themselves or others. The restraints must be the least restrictive form of confinement possible, and the facility must get consent from the resident or the resident’s guardian before using restraints.

Chemical restraints are drugs used to sedate residents. Although it is disturbingly common, the use of chemical restraints on nursing home residents is extremely dangerous.

Examples of Chemical Restraints

The Nursing Home Care Act states that restraints cannot be used to punish a nursing home resident. Furthermore, staff cannot restrain a resident for their own convenience. Sedated residents may be easier to “deal with” but giving a drug to a resident simply to make him or her more cooperative is unethical and unlawful.

Many people are surprised to learn that one of the most pressing concerns in many nursing homes is the threat of resident-on-resident harm. Nursing home residents who are suffering from cognitive impairment or other illnesses may lash out at other residents. In some cases, altercations between nursing home residents leads to serious injuries.

Preventing Physical Confrontations Between Nursing Home Residents

Illnesses that affect a person’s perception of reality can make the person act in ways he or she never would otherwise. A sweet grandmother who never had a mean thing to say may develop Alzheimer’s disease and turn into a completely different person. She may swear, throw things across the room, or say cruel things to other residents and staff. This is one reason that it is so crucial that nursing home staff be careful about leaving nursing home residents alone together.

Nursing homes should be places of refuge and safety. When a nursing home fails to keep a resident safe, the nursing home may be liable for damages. One way that nursing home staff can keep residents safe is by properly supervising the residents – especially if any of the residents has a history of violent behavior. If staff notice that a resident is becoming agitated or upset, they should remove the resident from the situation and give the resident time to cool off. If a situation does escalate and a resident is injured, that resident should receive medical care immediately.

Nursing homes are tasked with the crucial responsibility of caring for some of the most vulnerable members of our society. Most nursing home residents have serious health conditions that make living independently impossible, and as such, require a great degree of care to ensure their safety and well-being. Dementia and related conditions often exacerbate the situation, making nursing home residents at an even greater risk of wandering into dangerous areas of the nursing home and being injured.

Keeping nursing home residents safe and protecting them from harm is a top priority for nursing home staff. In some cases, this may require physically restraining the nursing home resident. However, nursing homes must follow strict regulations when it comes to restraining residents.

Rules Regarding Physical Restraint of a Nursing Home Resident

In some situations, a resident may need to be physically restrained so the resident does not injure himself or herself or harm other residents. For example, a man suffering from Alzheimer's disease who becomes confused may mistakenly believe that another resident is trying to attack him. He may lash out violently against the resident.

Falls are one of the leading causes of injury and even death for elderly individuals, especially those in nursing homes. As such, it is essential that staff at these facilities do their utmost to ensure the safety of their patients. Unfortunately, due to negligence or carelessness, falls can still occur, causing serious and potentially life-threatening injuries. When a nursing home resident falls because of negligent care, the resident or the resident’s family may be able to file a claim against the facility.

Falling Presents an Extreme Hazard to Nursing Home Residents 

An estimated 1,800 nursing home residents die because of fall accidents each year. Falling can result in lacerations, broken bones, internal organ damage, traumatic brain injuries, and more.

Falling is extremely dangerous - especially for elderly people and those with disabilities.  Fractures, brain injuries, and even death can occur due to a fall. Nursing home staff and management must take steps to reduce the risk of falls as much as possible and provide residents with proper care. This includes ensuring that living quarters are safe and free from potential hazards, monitoring patient mobility, providing appropriate assistive devices for those who need them, and ensuring that the facility is well-lit and secure. 

 Sepsis is an often-deadly medical condition that can pose serious risks for nursing home residents. In fact, it is estimated that about half of all deaths in nursing homes are due to sepsis. It is important to be aware of the symptoms of sepsis and what steps should be taken if a loved one contracts the infection.

What Is Sepsis?

Put simply, sepsis is an infection in the bloodstream caused by bacteria, viruses, or fungi. When bacteria enters the bloodstream, it triggers an immune response that causes inflammation and damage to tissues and organs throughout the body. Left untreated, sepsis can lead to organ failure and death. Sepsis can be caused by infections acquired at a hospital or nursing home, but it can also occur as a result of poor hygiene or inadequate sterilization techniques used by nursing home staff. The most common types of infections that can lead to sepsis include those that begin in the lungs, skin, urinary tract, and gastrointestinal tract.

Symptoms of Sepsis

The most common symptoms of sepsis include fever, chills, rapid breathing, confusion, low blood pressure, dizziness, rash, and abdominal pain. If any of these symptoms are present in a nursing home resident, the resident should be immediately evaluated for possible sepsis infection. Early diagnosis and treatment are key for preventing serious complications from occurring.

A Long Island skilled nursing facility is facing serious criticism and an ongoing investigation after one of its residents was declared dead, only for the 82-year-old woman found to be breathing at a nearby funeral home a few hours later. Currently, there are countless questions that remain unanswered, and there has been no official statement yet from the woman’s family.

A Potentially Tragic Turn of Events

According to reports, the resident was pronounced dead at 11:15 this past Saturday morning at a nursing home in Port Jefferson, New York. Suffolk County police say the woman was transported to a funeral home in the nearby hamlet of Miller Place about two hours later. About 40 minutes after being taken to the funeral home, the woman was found to be breathing by funeral home staff members.

The funeral home staff notified authorities and had the woman transported to a hospital. Updates were not made available regarding her condition. In addition, authorities have not released the woman’s identity. The funeral home issued a statement that said they would not comment further in order to protect the family’s privacy. The nursing home has, thus far, not provided news outlets with any comment whatsoever.

The state of Illinois recently passed an “omnibus” health care bill that will, among other considerations, give nursing homes two more years to meet staffing requirements before being fined by the Department of Public Health. This bill comes at a time when the quality of care for nursing home residents is under heightened scrutiny—and for good reason. Understaffing in nursing homes and assisted living facilities can lead to a host of problems for some of the most vulnerable Illinois residents.

Staffing Concerns Have Lasted Far Too Long

Often abbreviated as “NHCA,” the Illinois Nursing Home Care Act (210 ILCS 45/) sets out specific rules and regulations that long-term care facilities must follow in Illinois. The NHCA states that each facility must provide “adequate” staffing levels in order to ensure the highest quality of care for its residents. In March 2020, the Department of Public Health issued emergency rules that set minimum staffing requirements for nursing homes across the state based on occupancy levels, as well as additional requirements related to infection control and safety protocols.

A bill was passed last year by the state that overhauled how nursing homes were reimbursed through Medicaid, including making up to $700 million per year in incentive payments to raise wages and increase staffing levels in long-term care facilities. The law also gave the Department of Public Health the power to fine facilities that were not compliant with minimum staffing requirements. These rules, however, were put on hold as lobbyists for the nursing home industry claimed it was impossible to meet the new standards so soon.

A medication error can happen in any healthcare setting, and nursing homes and assisted living facilities are no exception. When these errors occur, they can cause significant physical and emotional harm to the resident. It is important for family members of those affected to understand what their rights are in the event of a medication error.

If you have a loved one in a nursing home, you should know how medication errors can occur in nursing homes, the types of injuries that may result from them, and what kind of compensation may be available.

How Do Medication Errors Occur?

Medication errors can occur from a variety of causes. Some of the most common include but are not limited to:

 Elopement and wandering are two of the biggest risks facing nursing home residents. While it is often assumed that elderly individuals with dementia or Alzheimer's disease are most likely to wander, any resident can become disoriented or confused and attempt to leave a facility. As such, it is important for facility staff and nursing home administrators to be aware of the risks of elopement and implement measures to protect residents from harm.

Who Is at Risk for Wandering?

Residents who are living with dementia or Alzheimer’s disease are at greatest risk for wandering or eloping from a nursing home facility. Those who have previously attempted to escape or have become lost outside the facility may also be more likely to wander. Additionally, those with vision impairments may be prone to wandering due to difficulty recognizing or understanding their surroundings. It is important for family members and caregivers alike to be aware of these warning signs so they can take steps to address them before it is too late.

What Can Nursing Home Facilities Do to Prevent Wandering?

Nursing homes are required by law to keep residents safe. This includes preventing them from wandering off the premises and becoming lost or injured. In general, nursing facilities should take several proactive steps to ensure that their residents are not put at risk of wandering away from the premises. These include but are not limited:

In 2015, the Illinois legislature passed a law allowing family members to place cameras in the rooms of their loved ones who reside in nursing homes. This law is commonly referred to as the “Granny Cam” law, and it offers families peace of mind knowing that they can monitor their loved one’s daily activities and ensure that they are receiving quality care. Before you install a granny cam, however, there are several things you should know about how this law works.

Who Can Place a Camera?

Under the Granny Cam law, only certain family members—including the resident’s legal guardian or power of attorney, spouse, adult child, sibling, grandchild, or parent—are allowed to place a camera in a nursing home resident’s room. The family member must also provide notice to the facility before installing a camera and obtain permission from any other roommates residing in the same room. Under the law, a roommate who does not wish for a monitoring device to be installed in their room is to be moved by the facility to another room.

What Types of Cameras Are Allowed?

The Granny Cam law allows only most types of cameras to be used inside nursing home facilities. These generally include audio and video recording devices that use visible light spectrum technology. Cameras must be positioned such that they do not record outside the resident's room (e.g., common areas) and should not interfere with normal activities within the room or pose any safety hazards for residents or staff.  Additionally, all recordings made using these cameras must be stored securely so as to protect them from unauthorized access or tampering.