What is a surviving spouse entitled to in a wrongful death lawsuit against a nursing home?

Most states have enacted a specific cause of action for wrongful death lawsuit.  For example, in Illinois, a surviving family spouse and/or family member is entitled to bring a lawsuit for the loss of the deceased services.  Although no award can truly replace your loved one, you can be compensated for the loss of support and companionship that your spouse provided. 
 
Under the Illinois Wrongful Death Act (740 ILCS 180), a victim’s family members (next of kin - surviving spouse and children; parents and siblings can recover if there are no surviving spouse or children) can recover for damages based on the defendant’s wrongful act, neglect, or default.  The action is brought by and in the name of the deceased person’s personal representative.
 
In order to successfully recover in a wrongful death lawsuit in Illinois, you must prove the following:

  • Death of a person
  • The death was caused by the defendant’s wrongful act, neglect or default
  • If not for the death of the person, the deceased would have been entitled to bring an action against the defendant and recover damages
  • There exists a surviving next of kin
  • The surviving next of kin suffered injury
  • Actual damages exist. 


Wrongful death damages include both pecuniary (monetary) damages for loss of support and damages for loss of consortium, loss of society, loss of companionship, and loss of guidance.  Damages can also be awarded for grief, sorrow, and mental suffering.  The damages awarded can then be reduced because of the deceased’s contributory negligence (fault) and any contributory fault by a beneficiary.
 
The amount recovered is for the sole benefit of the surviving spouse and next of kin and is divided based on how much each was dependent upon the deceased.  If there exists no surviving next of kin, the damages are divided to cover hospitalization costs, medical services, and the estate.  In most cases, wrongful death actions must be brought within two years after the death of the person.
 
Hopefully, any abuse or neglect that occurs at a nursing home can be addressed earlier in time, to actually prevent the loss of a loved one.  But, in those unfortunate situations where the death of a spouse does occur, a wrongful death action can help a family deal with the repercussions of their loss. 
 
Sources:
IL General Assembly – Wrongful Death Act (740 ILCS 180)

Golden Living Sells All Its Arkansas Nursing Homes

Effective July 1, Golden Living is out of the nursing home business in Arkansas.  The 14 nursing homes and independent living facilities have been sold to Capital Senior Care Ventures, a subsidiary of health-care behemoth Capital Funding Group.

The sale marks a growing trend in the nursing home business of bringing mega-companies to manage and operate individual nursing homes.  Frequently, the parent companies have no experience providing healthcare to seniors.

In the case of Capital Senior Care, by the companies own admission, they "acquire and construct skilled nursing facilities in order to lease and ultimately sell them to high-quality operators.  Capital Senior Care Ventures provides its operators with the opportunity to own the facilities they operate much faster than most traditional REIT or similar financing by allowing the operators to purchase the facilities on a 'flip' within two to five year time frame.  This structure has been a popular option to many operators who are looking for ownership without a large capital investment."

Sounds to me like an investment--- and there's nothing wrong with making money-- so long as it doesn't come at the expense of patient care.  Let's monitor these facilities as they make the transition to a new owner.

Read more about the sale of these Arkansas nursing homes here.

Nursing Homes & REIT's

A real estate investment trust (REIT) is a legal entity that may only invest in real estate.  REIT's have become a popular investment tool due to its favorable tax status.  Under the REIT umbrella, a company must be in the business of holding real estate, derive the majority of its income from real estate and pay its shareholders at least 90% of its taxable income.  In the area of nursing home litigation, REIT are increasingly used as an attempt to sheild nursing home owners from responsibility. 

LaSalle County Nursing Home Cited For Failing To Protect Residents From Sex Abuse

After a full investigation into the sexual abuse of ten residents at LaSalle County Nursing Home, the Illinois Department of Health has determined the facility failed to take preventative measures to protect its residents.  The acts were initiated by a male resident who targeted non-verbal, dementia patients.

IDPH investigators determined the perpetrator started abusing residents on Christmas Eve, but the facility failed to implement measures to stop further abuse from occurring.  A 61-page IDPH survey concerning the incidents at LaSalle County Nursing Home concluded, "Due to the administrative staff's failure to implement policies and procedures for abuse, failure to recognize abuse, and failure to effectively manage facility resources, sexual abuse occurred for 10 residents."

On June 4, IDPH issued an 'Immediate Jeopardy' designation on the facility.  Read more about the sex abuse of residents at the Illinois nursing home here.

Sex Abuse In Nursing Homes

Nursing homes have a duty to protect all residents from harm.  This includes unwanted sexual advances from other residents.  In the case of residents with dementia, special attention should be paid to who is interacting with the residents.  Staff must continually monitor the residents to ensure their safety.

Unfortunately, in the case of disabled nursing home residents, it is particularly important to pay attention to physical symptoms that may indicate sexual abuse:

  • Vaginal / anal bleeding
  • Sexually transmitted disease
  • Bruising
  • Sudden emotional with-drawl
  • Sudden loss of appetite
  • Torn clothing

Lastly, many cases of sex abuse in nursing homes are perpetrated by convicted sex offenders. Though few laws address this topic, a quick check of a sex offender database could identify many of these deviants.  Let your lawmakers know that this is an important topic that deserves their attention.

Related Entries

In Wake Of Sexual Assault Of Elderly Woman, Chicago Nursing Home & Administrator Named In Civil Lawsuit

Failure To Conduct Adequate Pre-Employment Criminal Background Search Costs Assisted Living Facility $750,000

Young, Mentally Ill Residents Pose Significant Threat To Nursing Home Residents

 

Nursing Home Spotlight: Rockford Healthcare & Rehab Center Fined For Failing To Prevent Pressure Ulcers

In December 2008, the Illinois Department of Public Heath (IDPH) completed a survey of Rockford Healthcare & Rehab Center, located at 1920 North Main Street in Rockford, Illinois.  Finding significant problems with the facility, it issued a notice of a Type A violation and a fine of $15,000.

IDPH found that Rockford Healthcare & Rehab Center failed to monitor residents who were at risk for pressure sores or to follow physician directions for care of pressure sores.  As a result of their failure to implement prvention techniques, some residents suffered from worsening conditions and developed new pressure ulcers during their admission. 

The IDPH also faulted the facility for inadequate supervision.  On one occasion, two residents wandered off without the knowledge of staff after the residents got into an elevator with a visitor and walked straight past a receptionist who assumed the residents were also visitors.  One resident was found outside the building, smoking a cigarette.  The other resident, a woman with Alzheimer’s who was known to be a wanderer, had left the facility and was found walking along a four-lane state highway without a coat on a rainy night when the wind-chill temperature was just 29 degrees.

Rockford Healthcare & Rehab Center is a for-profit nursing home with 97 Medicare/Medicaid-certified beds.  The U.S. Department of Health and Human Services, which operates a “five-star” rating system for nursing homes, gave the facility a below-average overall rating of “two-stars.”  It gave just one-star in the area of health inspections, noting that 62 health deficiencies were found in December 2008 (the Illinois average is eight health deficiencies).  Of particular concern are findings of immediate jeopardy to resident health and safety from treatment and prevention of pressure sores, “dangers that cause accidents,” and the absence of a doctor as a medical director and of a group to review and ensure quality. 

If you are concerned about the treatment of a resident at Rockford Healthcare & Rehab Center, call us at (888) 424-5757 for a confidential consultation.

Related Nursing Homes Abuse Blog Entries

Who Regulates Nursing Homes?

First Quarter 2009 Illinois Nursing Home Violators Released 

Government Report Confirms Pressure Ulcers Harm All Nursing Home Residents; Regardless Of Race, Sex or Age 

 

Atleast 50 Convicted Sex-Offenders Living Freely In Illinois Nursing Homes

One of the most disturbing cases, my office is working on, involves a mentally and physically impaired woman who was raped by another resident at a skilled nursing facility.  As if the crime itself wasn't horrific enough, a review of the records has revealed that the other residents had complained about the individuals making sexual advances towards them-- yet the facility failed to take any actions. Lastly, the individual was a convicted sex offender, living freely and completely unknown to the other residents.

Wes Bledsoe's group, A Perfect Cause, is committed to protecting nursing home residents by protecting patients from violence.  I was honored to help Wes identify convicted sex-offenders living amongst the general nursing home population in Illinois.  Our search confirmed at least 50 sex offenders living in Illinois Nursing Homes

If you would like to see if there are any sex offenders living an Illinois facility, look here and cross reference with the address of the facility.

We were able to identify 50 of these offenders within hours.  Is it too much to ask, that facilities spend a few moments searching the database before accepting new residents? 

Federal law requires nursing homes provide the highest level of case possible.  In my humble opinion, this means conducting background checks of all employees and patients to assure the safest environment possible.

Related Entries:

94-Year-Old Charged With Raping Co-Resident In Oklahoma Nursing Home

Nursing Home Crimes Go Unreported

"Nursing Homes Abuse Blog" Quoted In Article On Nursing Home Abuse

'Dignity Traning' Ordered For Staff In New York Nursing Home After They Humilate Residents Who Need Assistance With Toileting

Perhaps one of the most de-humanizing aspects of nursing home life is the reliance on others for toileting needs. Especially in the case of bed-bound residents, notifying a staff member every-time one needs to use the toilet, means being reliant on others for basic bodily functions.

When the staff fails to timely assist with toileting needs, the results can be not only embarrassing but downright dangerous.  If left in their own waste, residents are at an increased risk of pressure ulcers (also referred to as bed sores, decubitus ulcers or pressure sores) and infection.

This failure to timely tend to the toileting needs of residents resulted in Glendale Home's $20,800 federal fine and their staff's mandatory enrollment in 'dignity training'.  The sanctions come after six residents complained to New York Department of Health officials that the staff at the facility humiliated them when they failed to answer their calls for assistance in using the toilet.

In the case of an obese nursing home resident, who required two-person assistance and a mechanical lift for transfers with transfers out of bed, a nursing home inspector noted:

"She state that sometimes staff would become angry with her for calling out when they were so bust and tell her she would have to wait.  She also stated that when she was waiting for help she would be in pain from the urgency of needing to void.  The resident said that on several occasions she had wet herself while waiting for the staff and that she was mortified and embarrassed when she wet her bed."

In another case, nursing home inspectors observed a man sitting naked on a bed pan who was yelling for staff to close the door as attempted to gain some privacy.

When officials questioned the nursing home staff about the delay in bringing residents to the toilet and obvious disrespect of privacy, many said the some days the facility seemed short staffed in order to cope with the needs of the residents. In addition to delays in toileting, the under-staffing was also manifested by the fact that some residents were not turned in their beds or bathed regularly.

Despite the staff's own contention that the facility was under-staffed, the facility administrator chose to 'redeploy' the current staff to cope with spikes in call-bell use as opposed to hiring more staff.

Read more about the disrespect of nursing home residents in New York here.

Related Nursing Homes Abuse Blog Entries

Nursing Home Owner Leave Resident On Bedpan for 24-Hours, Now Faces Jail Time

Call Lights. How Should Staff Respond?

Incontinence Amongst The Nursing Home Population

"Life Care Center" Permitted To Accept New Patients After State Finds Poor Living Conditions

After a week where the facility was banned from accepting new residents, Life Care Center of Red Bank is now permitted to accept new patient admissions.  One June 17th, the Tennessee Department of Heath Commissioner suspended new patient admissions to this Tennessee nursing home because of conditions encountered during a survey (inspection).  During the survey inspectors found heath and safety violations concerning:

  • Nursing home administration
  • Performance improvement
  • Physician services
  • Nursing services
  • Medical records
  • Pharmaceutical services

In addition to suspending admission of new patients, Life Care was issued a one-time civil penalty by the state and $6,150 per day until the conditions were corrected by federal authorities.

Kudos, to nursing home inspectors for getting this facilities attention the only way possible--- by hitting them in the pocket book. Due to the inherent nature of the business, most nursing homes rely on a steady stream of new patients to keep their facilities full and profitable.  A drop in the number of residents cuts into the facilities profits.

Life Care Centers

Life Care Centers operates more than 200 skilled nursing homes, assisted living facilities, retirement living communities, home care services, and Alzheimer's centers across the country. In Tennessee alone, Life Care operates 27 nursing homes and assisted living centers.

 

Source:

Admissions To Life Care Center Of Red Bank Nursing Home Suspended TN.gov

Life Care Center Of Red Bank Nursing Home Admissions Suspension Lifted TN.gov

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What Is Hypostatic Blood Pressure & Why Is There An Associated 'Fall Risk'?

 

Too we look to environmental causes of falls....cluttered hallways...improperly footwear...yet in many fall-related situations the real 'cause' of the fall lies within the person herself...


Hypotension (low blood pressure) is a problem for many nursing home residents, causing dizziness and fainting. Blood pressure readings measure the pressure in arteries - systolic pressure (the top number in a reading) measures the pressure the heart generates when pumping blood out to the rest of the body and diastolic pressure (the bottom number in a reading) measures the amount of pressure between heartbeats. A systolic blood pressure of 90 millimeters of mercury or less or a diastolic blood pressure of 60 millimeters of mercury or less is considered low.

Orthostatic hypotension
, also known as postural hypotension, occurs when a person’s blood pressure drops after changing position from lying down or sitting to standing as blood pools in the legs leaving less blood to circulate back to the heart. In the elderly, orthostatic hypotension can be caused by changes in blood pressure regulation due to aging, dehydration, and certain medications.

Common causes of orthostatic hypotension include dehydration, medications, heart problems, diabetes, and nervous system disorders; all of which are common in the elderly. Dehydration can occur easily in nursing homes because of sickness or inadequate care. Also, many drugs commonly prescribed to the elderly including diuretics, high blood pressure medication, heart medication, and drugs to treat Parkinson’s disease can all cause orthostatic hypotension.

Orthostatic hypotension is more common in older adults, with over 15% of persons 65 and older suffering from it. In addition, about 50% of elderly nursing home residents suffer from orthostatic hypotension. Elderly patients, especially those who are heavily medicated or have prolonged bed rest, are especially at risk. Nursing home patients are also at risk for dehydration if they do not receive adequate care.

Orthostatic hypotension can cause dizziness, light-headedness, blurry vision, nausea, and fainting, which can cause dangerous falls. Elderly persons are particularly vulnerable to falls because of weak bones and complications from other health problems. Orthostatic hypotension can also cause strokes due to the changes in blood pressure and mental impairment because of brain damage.

Elderly nursing home patients should be properly diagnosed by a physician because not all dizziness is caused by orthostatic hypotension. If properly diagnosed, extra care can be taken with patients to prevent dangerous falls. Nursing home staff should take added precautions in the morning, when residents are first getting out of bed because that is when they are most at risk for a drop in blood pressure. The staff should also ensure that elderly residents are adequately hydrated, avoid hot weather, stand slowly, increase salt intake, and even apply compression stockings to help reduce symptoms. These simple steps can make the difference between a healthy and safe nursing home resident and one injured by a severe fall.

If your loved one suffered a nursing-home-related-fall and are looking for an explanation, one of the fist areas that should be analyzed is to see what medications the individual was taking.  Nursing home staff has a duty to do an assessment of all residents-- including a medication review--- to determine their 'risk' of falling.  A failure to do such an assessment-- or if it was improperly conducted opens the facility to potential fall-related liability.

Sources:
MayoClinic.com – Hypotension
MayoClinic.com – Orthostatic hypotension
Merck – Orthostatic Hypotension

Thanks to Heather Keil, J.D. for her assistance with this article.

 

Two Falls Within 24-Hours At California Nursing Home Cost Patient His Life

Two falls within a 24-hour period resulted in the death of a California nursing home patient.  The incident involved a patient was was recently admitted to the facility for rehabilitation following hip surgery.  The falls took place on May 9th and 10th at Aviara Healthcare Center in Encinitas, CA. 

After the first fall (that did not cause any injury), the staff put a bed alarm on the patients bed to alert the staff if he got out of the bed. Despite the bed alarm, staff at the nursing home failed take notice when the man got out of his bed and entered the nearby hallway.   In an effort to stabilize himself, the man grabbed on to a lift that was parked in the hallway and it fell on top of him resulting in multiple trauma.  Three days later, the man died from his injuries.

An investigation into the matter revealed that the facility should have never allowed the lift machine to remain in the hallway it posed a risk to residents due to its propensity to fall.  Investigators also determined that the facility failed to have proper guardrails that may have further contributed to the man's death.

The facility was fines $100,000 for this incident.  Read more about the fines related to this California nursing home here.

The importance of investigations by state agencies

One of the things that jumped in my head after learning abut this fall incident was how valuable inspections by state agencies are.  Inspectors have access to facilities where they can do a physical inspection of the equipment involved in an alleged incident-- but perhaps most importantly is that they have access to nursing home employees and administrators who have knowledge of an incident-- these people have no choice but to speak with these investigators.

In nursing home litigation cases, these inspections frequently provide the necessary information to successfully prosecute a case.  In most situations, by the time a nursing home negligence lawsuit is filed, the employees involved in an event have long since left the facility and it is difficult-- if not downright impossible to find them.  In the case of a disabled to deceased plaintiff, the testimony is essential to prove the case.

All this is to reinforce the importance of notifying the state department of health immediately upon learning of an event where a loved one was injured or killed.  A timely investigation by state authorities can mean the difference between a successful prosecution of a matter and an 'unfortunate tragedy'.

Related Nursing Homes Abuse Blog Entries

How Many Falls Is Enough To Impose Responsibility On Nursing Home?

Nursing Home Cited For Mistreatment Of Resident Following Investigation Of Resident's Fractured Neck

Never Event #1: Hospital Falls & Trauma

Home Care Nurse Gets Probation For Ignoring Bedsores On Child

Cook County Judge James Linn sentenced Morris Lee Brinkley, a home-care nurse, to two years probation and 60 days of community service following her role in the death of a Chicago boy who she responsible for caring for.   Earlier, Brinkley pleaded guilty to criminal neglect of a disabled person.

Brinkley provided home-care nursing to the 13-year-old boy with cerebral palsy.  Despite the fact that she only saw the boy on weekends, she admitted that she was aware that the boy was mistreated by his mother-- yet she failed to alert authorities.

When questioned, Brinkley knew the boy's mother:

  • Left the boy alone for extended periods
  • Allowed the boy to sit in his own excrement
  • Become malnourished
  • Develop serious bedsores
  • Canceled regularly scheduled doctors appointments

In March, 2008 the boy was taken to La Rabida Children's Hospital because he was having trouble breathing.  Unfortunately, by the time the boy was taken to the hospital, there was little medical officials could do.  On March 15th the boy died from infection known as sepsis that originated in the advanced bed sores.

"These are acts of omission rather than commission," according to Judge Linn. "Something got out of control here," he added.

The boy's mother and another home-care nurse were also charged criminally for their role in the boys death.  Their cases are pending.

Thank goodness this judge decided to punish (albeit seemingly lightly) a health care professional who violated her duty to protect a disabled person she was responsible for caring for.  Hopefully this will 'encourage' other nurses to do their job and report abuse and neglect when they witness it.

Read more about this Chicago home-care nurse here.

Related Nursing Homes Abuse Blog Posts

Home Care Nurse Has License Suspended In Connection To Death Of Disabled Boy

Cook County Nursing Home Pleads Guilty To Gross Neglect Charges

Government Report Confirms Pressure Ulcers Harm All Nursing Home Residents; Regardless Of Race, Sex or Age