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Chicago nursing home abuse attorneysA couple of weeks ago, a post on this blog discussed a case out of Arizona in which a female nursing home patient gave birth despite having been incapacitated for more than 25 years. The nature of the story led to national headlines as the investigation continued locally to determine how such a thing could have happened. This week, law enforcement officials in Phoenix announced that they have made an arrest in the case and that the suspect will be facing criminal charges.

A Quick Recap

According to various news outlets, a 29-year-old patient surprised the staff at a Phoenix-area nursing home when she went into labor on December 29, 2018, and gave birth to a baby boy. The labor was surprising because the woman had been incapacitated and living in the nursing home since a near-drowning incident when she was 3 years old. Staff members said that they had no idea that the woman was pregnant until she went into labor.

Early stories reported that the woman was in a vegetative state, but her family has since refuted those reports. An attorney for her family said, “She does not speak but has some ability to move her limbs, head, and neck. [She] responds to sound and is able to make facial gestures.”

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Chicago nursing home abuse attorneysNews outlets across the country are reporting one of the most disturbing nursing home abuse stories in recent years. A woman who is in a vegetative state after an incident where she nearly drowned has given birth to a child. Individuals who are in vegetative states generally have severe brain damage and lack true awareness of their surroundings. Needless to say, there is no way that a woman in this condition could have consented to having sex and getting pregnant.

The Phoenix-area nursing home in which the incident occurred was completely unaware that the resident was even pregnant until she went into labor. This horrific example of nursing home sexual abuse is, tragically, not an isolated incident. Thousands of innocent nursing home residents suffer every year from nursing home abuse and neglect. If you or a loved one have suffered at the hands of nursing home or assisted living facility staff, you should know that there are steps you can take to recover compensation for damages and hold the perpetrators responsible.

Police Plan to Take DNA Samples from Nursing Home Staff

The Arizona nursing home in which the abuse occurred has been cooperating with authorities throughout the investigation. Police have taken DNA samples from the male employees at the nursing home which will then be compared to the DNA of the child in order to find his biological father. Detectives for the case also served the facility a search warrant to gather records and additional information. The 29-year-old victim who was impregnated is a member of the San Carlos Apache Tribe. The tribe's chairman expressed his feelings about the incident saying, "When you have a loved one committed to palliative care, when they are most vulnerable and dependent upon others, you trust their caretakers. Sadly, one of her caretakers was not to be trusted and took advantage of her."

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Illinois nursing home abuse and neglect lawyersStaff members at a Long Island, New York nursing home may be facing jail time due to the death of a resident. In December of 2015, 81-year old nursing home resident Carmela Contrera became disconnected from her ventilator. The machine, which was literally keeping the elderly woman alive, is fixed with an alarm for exactly this purpose. The alarm is rigged to sound a warning signal whenever vital machines such as a ventilator become disconnected from the patient. However, nursing home staff claim the alarm never sounded. Contrera sadly passed away because no one came to reattach her ventilator. Now, prosecutors are saying that the alarm did in fact sound, but that the nursing home staff simply ignored the warning. Two registered nurses and one nursing aide have been charged with several counts of felony criminal negligent homicide as well as willful violation of health and safety laws.

Prosecution Says Nursing Home Workers Ignored Ventilator Alarm for Over Nine Minutes

Understandably, nursing home staff can quickly become busy and overwhelmed. Helping residents bathe and eat, dispensing medication, and transporting residents between areas of the nursing home can be a taxing job. However, nursing home staff have a legal obligation to care for residents to the best of their ability. When nursing home staff do things like overlook a fallen resident, skip administering a dose of medication, or in this case, ignore a medical alarm, they are being negligent. Tragically, nursing home abuse and neglect cause thousands of deaths a year.

Understaffing and Inadequate Maintenance May Have Contributed to Resident’s Death

Like hundreds of nursing home facilities across the country, the Long Island nursing home where Contrera died was understaffed. Many nursing homes struggle to afford enough staff members and other facilities skimp on staff training. The state attorney general’s office claims that inadequate staffing of the nursing home set employees up to fail and that Contrera’s death was a “foreseeable tragedy" which could have been prevented. Furthermore, the prosecution has found evidence that a respiratory therapist on staff had failed to adequately check that ventilators and alarms were working properly and instead falsified reports that the required inspection had been accomplished. If convicted, the three former staff members accused of causing Contreras’s death face up to seven years in prison.

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Chicago nursing home neglect attorneysResidents in a nursing home are often those we should respect the most. Grandparents, great-grandparents, veterans, and other venerable elderly people live in homes like these. Unfortunately, sometimes the elders of our society are not treated justly. Because many residents of nursing homes lack the ability to communicate well, nursing home abuse and neglect often goes unreported. When evidence of abuse or neglect arises, it is critically important that it be investigated thoroughly and that guilty parties are held accountable.

Extreme Heat and Dehydration

A Florida nursing home is under severe scrutiny after a horrific series of events led to 12 residents dying. The residents who passed away did so in the days and weeks following Hurricane Irma in the fall of last year. The hurricane caused the air conditioning to go out at the facility, and residents were forced to endure dangerous heat and disgusting conditions. Many of them were simply not well enough to handle the extreme conditions and lost their lives as a result.

Although federal regulations state that temperatures should not be above 81 degrees, Florida regulators report that temperatures rose to 99 degrees in the sweltering nursing home. Some patients' body temperatures were up to 107.5 degrees. Residents were found in horrible conditions, covered in sweat and excrement. The heat was so unmanageable that four out of every five residents on particular floor suffered dehydration and other heat-related symptoms. Almost half of the residents living on another floor also suffered these heat-related symptoms.

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