Chicago Trial Attorney Blog

Chicago Trial Attorney: Personal Injury & Business Litigation: Injury Cases and Medical Bills

Philip J. Berenz — Thu, 09 May 2013 19:51:51 -0600

When injured due to a car accident, slip and fall, dog bite, nursing home abuse and neglect or from near any cause or issue, medical bills create significant issues from multiple respects. Some various and very "high-level" topics are as follows (and much more details and information is available upon request):

Health insurance. Your health insurance may outright deny coverage for your injuries and tell you "get your bills paid by the defendant." Now what? Doctors and hospitals generally will not provide non-emergency treatment without insurance or guarantee of payment. Defendant's and their auto insurance carrier (for example) will simply not pay the bills in any timely manner and settling a matter or winning a lawsuit can literally take years. You may have to pay out-of-pocket or fight your own health insurance carrier to pay until you can (hopefully) recover from a Defendant.

Healthcare "liens". In the event there are unpaid bills, healthcare providers may have the right to "lien" your case so that you have to pay some--or all--of the bills incurred and unpaid via any settlement or judgment. If a valid lien is not properly addressed and honored, another lawsuit can evolve. Generally, laws exist that allow for a reduction and satisfaction of any such liens by negotiation and various formulas (a spreadsheet must often be employed in cases of multiple liens from various providers and based on other factors).

Be vigilant with medical bills. Vigilance and constant updating of same with your lawyer will only help you avoid credit issues, collection matters and provide for a smoother injury case in cooperation with your lawyer!

Credit. Unpaid bills can result in collection actions--much before any settlement or judgment can be reached. Usually a simple phone call to any provider or collection company with a simply explanation that such bill is directly related to an injury case will forestall action and credit report problems. In fact, providers simply do not even understand that an injury case may be pending and are actually happy to learn that a case is proceeding and may patiently "wait" to be paid--sometimes for years. Make the calls!

Medicare and Medicaid Bills. Medicare has an absolute right to re-payment in whole or in part by Federal Law without notice to an injured person--or their lawyer. Medicaid is State-related payments which also command re-payment in whole or in part via any settlement or judgment. If not properly handled, such forms of payment could be "cut off" in the future.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have anyquestions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- Patient Advocates Suffer Blow as General Assembly Shoots Down Insurance Requirement

Philip J. Berenz — Mon, 15 Apr 2013 17:39:00 -0600

As many of our discussions have tackled, issues of insurance are very essential to protecting the rights of injury victims, and while insurance companies seldom willingly pay all of what they should, Illinois' mandatory insurance laws at least make sure there's a system in place to make sure that injury victims have a possibility of compensation.

That's why it comes as such a disheartening surprise that the Illinois General Assembly shot down, for the second time in four years, a proposed bill that would have required nursing homes to carry liability insurance. Amongst other things, the bill would have:

•required nursing homes to carry at least $1 million of coverage per year;

•allowed the Illinois Department of Public Health to revoke nursing home license for owners without the necessary coverage;

•forced disclosure of each nursing home’s policy to the public;

•forced a nursing home licensee to pay three times the actual damages, or $500, whichever is greater, and costs of attorney’s fees to a resident whose rights have been violated.

While it's true that the vast majority of nursing homes still voluntarily maintain liability insurance -- which makes sense, as to go uninsured would likely take only one or two big lawsuits to put them out of business -- the real pressing issue, as the article mentions, is that many nursing homes use this lack of regulations to drastically underinsure themselves, thus limiting the amounts that victims and their families generally receive, if not outright dissuading them to file suit in the first place.

Such practices are par for the course in this area, unfortunately, and provide nursing homes one more way to try to save money at their patients' expense.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- Illinois Nursing Home Advocates Renew Demands for Medicaid Reimbursement Reform

Philip J. Berenz — Fri, 12 Apr 2013 17:33:42 -0600

The US Supreme Court announced its long-anticipated verdict on healthcare reform and nursing home advocates are using the spotlight as a chance to renew their demands upon Illinois lawmakers to reform the state's Medicaid reimbursement procedures.

Relying heavily on statistics that suggest the state is underfunding Medicaid reimbursements by an estimated $4.7 billion, or approximately $24.34 per patient per day, these advocates are attempting to seize the moment to, essentially, echo most of the same points that they made in regards to Governor Quinn's budget debate.

Naturally, nursing homes must rely largely on government aid programs such as Medicaid to fund patient care, and with national healthcare measures looming large in both the courts and the news; it seems only natural to bring focus on their cause.

However, it's important to keep in mind that it's not just about the funds that nursing homes receive, but what they do with them -- look no further than many of these same advocates' recent efforts to persuade Illinois legislators to cut back on measures from the state's landmark 2010 Nursing Home Care Act.

At the end of the day, nursing home funding is a serious issue that merits long consideration, but there are two sides to every coin and it isn't just about the money, but how nursing homes plan on using it. This too is a serious issue that merits the same amount of attention.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- Bedsore Case Yields $900,000 Settlement for Seattle-Area Family

Philip J. Berenz — Wed, 10 Apr 2013 17:17:37 -0600

A story out of Seattle details the tragic death of an 87 year-old Alzheimer's patient -- who also happened to be a retired nursing educator -- after a number of untreated pressure ulcers, some of which had "burrowed to the bone," led to her death.

Much of this article focused on the reported shortcomings of a unique system that Washington state employees as a state-funded, low-cost alternative to nursing homes (this, too, is an interesting read and cautionary tale for Illinois residents concerned about how the state plans to fix its Medicaid funding shortfall), but the details of how this matter "slipped through the cracks" is enough to give pause to everyone concerned with this issue.

In addition to the fact that, disturbingly, this resident's pressure sores went untreated for an alleged 22 days and were allowed to "burrow[] to the bone," the following paragraph says it all:

"Investigators had cited Houghton Lakeview 33 times for inadequate care and substandard conditions. Two caregivers were convicted felons, barred from such work. Two others had forged nursing credentials. The public was never warned — nor were the residents in the home."

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- An Interesting Model for How to Report Abuse and Neglect

Philip J. Berenz — Mon, 08 Apr 2013 17:14:13 -0600

Many of our discussions can, understandably, have the tendency to leave many concerned with the wellbeing and safety of their loved ones in nursing homes a bit disheartened, to say the least. Even if you do notice a situation that disadvantages your loved one, what can you do about it proactively?

The standard advice is that if you see something, say something, but say something to who? The same facility that caused the harm to your loved one to begin with?

Is the Department of Public Health, whose authority is to investigate and take action against nursing homes, slowly being chipped away by bureaucratic red tape? Unfortunately, there are no easy answers to this question, but an article out of Kansas provides an interesting model that cash and resource-depleted states such as Illinois may want to consider.

The underlying idea -- to set up a hotline to report elder abuse is certainly a positive idea, albeit something of a short-term fix. What is interesting, however, is the attempts (although unsuccessful) to place the state's attorney general at the helm of investigating adult neglect complaints. While this would be something of a radical shift if attempted in Illinois, the key to focus on is that each time this measure was proposed in Kansas, the relevant agency offered to devote more financial resources to preventing elder abuse.

This sort of "outside the box" thinking could be potentially useful in Illinois, where advocates for nursing home residents feel, by and large, that they were frozen out of recent legislative measures to clarify aspects of the landmark 2010 Nursing Home Care Act. Sometimes, these sorts of drastic measures, even if they are only used for negotiation tactics, are the best ways to get results.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: School Bus Accident in Wadsworth, Illinois - Flip Over with School Children

Philip J. Berenz — Fri, 05 Apr 2013 17:03:31 -0600

On Friday, April 5, 2013, a terrible school bus accident carrying numerous school children flipped over and per the latest news reports, many children were injured and perhaps one adult is dead.

Apparently, school buses are not required to have seat belts and this is yet another situation where innocent children are exposed to the negligence of the drivers on the road or the very people to whom these children are entrusted.

According to the National Highway Traffic Safety Administration ("NHTSA"):

"Today’s school buses are built with safety in mind. They are tougher, cleaner and more diligently maintained than ever before. School bus drivers are required to receive special security and medical training, and undergo regular drug and alcohol testing to provide a safe ride for your child. And school bus traffic laws are strictly enforced."

Find out what you don’t know about school bus ridership. Learn the facts and play it safe. Visit schoolbusfacts.com for more information.

Apparently only a handful of States or so require seat belts on buses and Illinois is not one of them. How many children could have been saved from injury today?

We would like to help advocate for a change in law as a result of this matter today. You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you or your loved one who has been a victim of a school bus crash - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- Vote on RN Staffing Provision

Philip J. Berenz — Fri, 29 Mar 2013 18:08:13 -0600

As previously discussed, nursing home reform advocates are up in arms -- and rightly so -- over a proposed law that unanimously passed through the state's House of Representatives that would force already time-strapped Department of Health officials to conduct a thorough review of a nursing home facility's past reported violations before being permitted to issue them a citation in the event of a serious injury or the death of one of their residents.

Indeed, many advocates believe that this could spell the beginning of the end for the state's landmark 2010 nursing home reform legislation.

While these fears may ultimately be well-founded, it is important to have some perspective on the matter -- and one vote is still cause for hope regarding nursing home reform. There is still pending before the House of Representatives' Joint Committee on Administrative Rules a requirement that at least 20% of the workforce in the state's nursing homes be comprised of Registered Nurses (RN's).

This would be a significant step, as requiring facilities to staff a minimum number of registered nurses has the potential to greatly decrease the number of serious or fatal incidents occurring in these facilities, as it would increase the skill level of the facilities' workforce and provide teams better equipped to respond to emergency situations.

It is important to note as well that this measure would be the first of its kind to put a minimum quota for direct care by RN's.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- Over Twenty Residents Take Ill at Colorado Facility

Philip J. Berenz — Wed, 27 Mar 2013 17:57:57 -0600

Interesting, and troubling, news came out of Colorado as 21 residents and 7 staff members were reported ill with the norovirus at a suburban Denver nursing home.

Norovirus, though not considered being particularly harmful to humans, causes stomach and intestinal inflammation that can lead to dehydration and, ultimately, hospitalization in the elderly.

Although this matter has been reported to the Tri County Health Department, the facility will reportedly stay open while it conducts a cleaning procedure. This is a particularly worrisome story, regardless of how "serious" this outbreak may, or may not, be. The elderly are generally more susceptible to health issues such as these -- particularly those in nursing homes already in deteriorating health.

This is why it is important to look into the sanitation procedures that nursing home facilities have in place when considering a residence for your loved one, as poor procedures or failing to follow up on procedures in place can take a bad situation and make it worse.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Neglect -- Lawsuit Filed After Dementia Patient Struck and Killed by Fellow Resident

Philip J. Berenz — Mon, 25 Mar 2013 17:50:09 -0600

As the Chicago Sun Times previously reported an Oak Park nursing home faced a wrongful death lawsuit from the family of a dementia patient who was reportedly killed after a fight with another resident.

As the Illinois Department of Public Health report indicates, the nursing staff apparently failed to witness the incident, as the alleged aggressor walked into the victim's room and an altercation ensued, which, as the story reports, was only discovered after the staff heard loud noises and observed blood on the floor of the victim's room.

Perhaps the most troubling part of the story is that, although there was reportedly prior instances of "inappropriate behavior" by both residents, there was no supervision or monitoring plan in place for either in their plan of care.

This is particularly important, as attorneys dealing with nursing home accident cases very frequently find that the facility strayed from the resident's plan of care. The plan of care, as the name implies, sets forth the treatment and specifications that residents are to receive while in nursing home facilities. They are implemented on or around the resident's admission into these facilities and updated as circumstances warrant.

This is why, when your loved one is admitted into a nursing home, it is important to keep track of what their plan of care is. If you observe even the smallest deviation from this plan of care as time goes on, report it accordingly.

Often times, tragic events such as this are the culmination of a steadily progressing deviation from a resident's plan of care and, in any case, your loved one deserves to be treated with dignity and respect, and this includes a responsive staff that keeps to the plan of care that has been assigned.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect -- 5 Charged Relating to Reported Abuse in Tennessee Nursing Home

Philip J. Berenz — Fri, 22 Mar 2013 17:48:55 -0600

In an unfortunate story out of a Tennessee nursing home, three nursing assistants were charged with abuse and neglect of a depended adult, while two others were charged with failing to report abuse and neglect.

The charges stem from allegations that the nursing assistants sprayed residents with water from syringes -- sometimes while the residents were sleeping, and other times to "agitate" them -- and took compromising photographs of residents underneath their gowns.

Most troublingly, these acts appear to be done "just for kicks" because the individuals thought that it "would be comical."

Random acts of abuse such as these, done simply for the sake of abuse, should not go unnoticed, as our most vulnerable members of society that have entrusted their care to such facilities deserve much better.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- Frightening Case of Repeated Abuse and Neglect in Kentucky Facility

Philip J. Berenz — Wed, 20 Mar 2013 17:43:55 -0600

In a very troubling story out of Kentucky, a Kentucky "rest home" was recently shuttered after repeated reports of abuse and neglect in the facility.

Although the state's Attorney General asked to place the home in receivership due to complaints about mismanagement of residents' finances, the facility was also cited for reports of physical and sexual abuse to residents, frequent food shortages, and even several criminal investigations into the home's conditions.

While this set of facts, as reported, pretty much runs the gauntlet of impermissible occurrences in a care facility, the true kicker is the section of the article that details the state's investigation.

According to the article, a state agency known as Protection and Advocacy attempted to report conditions (even after the state's Long Term Care Ombudsman became involved) in August 2010 to an adult abuse hotline who told the investigators that they were unaware how to even compile a report for multiple victims over multiple allegations.

There are many other troubling bureaucratic missteps, but the one previously mentioned bears serious concern. When a state investigative agency can do nothing more than call a hotline, which itself can't even write a report, something has truly gone awry.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- Downstate Nursing Home Declared Emergency Situation

Philip J. Berenz — Mon, 18 Mar 2013 17:36:00 -0600

As two local news outlets reported, roof leaks at a Danville nursing home became so severe that Vermillion County took the drastic measure of declaring an emergency situation.

As the article explains, the leaking was so severe that 17 patient rooms have been taken "out of commission" in the facility, which was built in 1972 and renovated in 1978.

While certainly, nature appeared to have played the predominant role in this situation, we've also seen this situation played out before this summer in the Chicagoland area -- for instance, when a suburban Island Lake facility was evacuated in early July due to a lack of air conditioning in the dead of the summer heat.

Situations such as these should be signs of caution for those considering a nursing home for their loved ones -- old, outdated facilities can often be the catalyst for dangerous situations.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- Report Suggests State Not Doing Its Part

Philip J. Berenz — Sat, 09 Mar 2013 19:17:00 -0600

It's certainly no secret that nursing home overcrowding and understaffing has contributed a great deal to the alarming rate of serious injuries and avoidable deaths suffered in nursing homes each year.

That's why this report from the Chicago Tribune is rather troubling, as it suggests that the state isn't living up to its end of the bargain in one of the components of the reform that culminated in the state's landmark 2010 Nursing Home Care Act.

In 2010, the state agreed to start screening mentally ill patients in specialized nursing homes for potential release into subsidized housing and group homes where they would receive specialized treatment.

As the article notes,

"some mentally ill residents of Illinois nursing homes receive excellent treatment, others are housed in a subset of institutions that provide little therapy or discharge planning.”

Ultimately, budget cuts and an increased demand have been two of the primary talking points that nursing home advocates cite as justification for cost-cutting measures and lobbying to ease restrictions on the number of skilled staff required.

It certainly stands to reason, then, that anything the state can do to decrease the number of nursing home residents, and thus undercut this justification that leads to providing less than acceptable services to our most vulnerable members of society, is something that should be done.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- Wrongful Death Case Against Chicago Nursing Home Settles After 2010 Drowning

Philip J. Berenz — Thu, 07 Mar 2013 19:11:30 -0600

The Chicago Tribune reported a lawsuit against a Rogers Park nursing home that settled for $100,000 after a woman drowned herself in a tub after previously expressing suicidal ideation to staff.

The suit alleged that the facility failed to properly monitor the resident after she had put them on notice of her suicidal ideations.

This is a tragic situation where there are certainly no real winners, but there is an important reminder to take away from all of this. When you trust your loved one to the care of a nursing home, you trust them to protect your loved one from everything -- even, unfortunately, themselves, if the case may be.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: Auto Accident Law -- More Efforts to Improve Transportation Safety

Philip J. Berenz — Tue, 05 Mar 2013 18:55:03 -0600

The State's trend towards making a concerted effort to improve transportation safety continued with a move by Governor Quinn that went largely under the radar. The announced $21 million grant has the outward goals of trying to improve pedestrian safety in school zones, but it looks as though some of the proposed uses may have positive residual effects as well.

As we've discussed many times, two of the more common causes of harmful accidents these days are distracted drivers and poorly-marked and maintained pedestrian crossings.

By pledging grant funds towards both increasing awareness, warning signs, and even perhaps crossing guard presence near school zones, it looks as though it has the potential to combat the effects of distracted driving.

Also, increasing both the size and safety of pedestrian walkways may also prove to have interesting and positive effects, as any positive safety effects may hopefully serve as a model for how to improve some of the dangers involved with other pedestrian crossings outside school zones going forward.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you in the unfortunate event of an accident that caused you or your family or friends injuries - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- Pennsylvania Case Finds Interesting Intersection Between Nursing Home Litigation and Arbitration

Philip J. Berenz — Fri, 01 Mar 2013 18:13:14 -0600

An interesting story out of Pennsylvania speaks to the tension that many attorneys face between the litigation process that leads a case towards a trial by jury and the emerging trend towards resolving disputes in informal settings outside a court.

The case contains a great deal of complex procedural maneuverings that may not make a whole lot of sense to those unfamiliar with the process, but, in a nutshell, while an alleged victim of misconduct in a nursing home was still alive, an individual with power of attorney agreed to take the dispute with the nursing home to alternative dispute resolution (ADR) that generally includes such options as binding arbitration and non-binding mediation "settlement discussions."

After this individual died, however, the family filed a wrongful death lawsuit that the nursing home then turned around and attempted to have thrown out due to the prior ADR agreement.

The court sided with the victim's family, however, holding that the party's constitutional rights trump any contractual agreement -- particularly where the law mandates that a nursing home abuse and neglect action be brought in the same lawsuit as a wrongful death claim stemming from the same dispute.

Now, granted, Pennsylvania cases don't have the force of law in Illinois, but looking at the basic facts we know from the article, the issue speaks to a growing nationwide trend -- state courts tend to err on the side of favoring ADR.

Particularly within the context of a nursing home abuse and neglect case, there are a lot of advantages to going the ADR route (a route we often take ourselves, to a usually high degree of success): it prevents dragging the victim or her family through a long drawn-out process where they may have to re-live traumatic events time and again, it also shortens a potentially lengthy and costly discovery process where nurses, staff, and others that may not even be employed by the nursing home anymore would need to be located, questioned, and deposed, amongst other benefits.

What occasionally gets lost in the mix, however, is that the victim and/or their family is entitled to their day in court and, considering the strong preference almost all state courts tend to overwhelmingly give ADR agreements, it will be interesting to see if this line of reasoning catches on and the effect it might have in other states and other areas of the law.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- Suburban Chicago Nursing Home Announces Renovation Plans

Philip J. Berenz — Wed, 27 Feb 2013 18:06:10 -0600

As previously reported in Crain's Chicago Healthcare Daily, the Illinois Finance Authority approved a Lutheran Home for the Aged facility in suburban Arlington Heights' $120 million plan to gut and renovate a facility to include private bathrooms in each resident's room as part of an overall plan to "gut and renovate" its main facility.

As the article suggested, this renovation project, which will decrease the number of skilled nursing beds by 12, is triggered at least in part by "historically low interest rates."

Two initial thoughts come to mind about this project.

First, the ins and outs of this project (reducing the number of beds, while modernizing a facility at "historically low" costs) is a rather strong piece of evidence against the excuses that many nursing home representatives make when they complain that renovating and modernizing facilities is cost prohibitive.

Second, it should not be overlooked that this plan will also decrease the number of skilled nursing beds. If nursing homes aren't going to truly get serious about bringing the number of skilled nurses and staff up to acceptable and appropriate levels, then maybe this approach -- cutting down on beds while simultaneously modernizing facilities -- can provide some semblance of an agreeable balance going forward. Only time will tell, of course.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- Surprise Inspections of California Nursing Homes Leads to Heated Exchange

Philip J. Berenz — Mon, 25 Feb 2013 17:57:18 -0600

It's no secret by now that the shoddy conditions and lack of resources in nursing homes across the country has activists on both sides of the divide up in arms.

One particularly interesting debate raging in California showcases how frustrations between the two sides may be starting to boil over.

As an article detailed, a "surprise inspection" of a California facility by the state department of justice yielded some particularly disturbing results -- one of which prominently described a resident left for a long period of time in a soiled diaper, even after inspectors allegedly notified the facility.

Unfortunate as it may be, stories like this are commonplace. What makes this situation particularly unique is that the nursing home, although under no obligation to do so, saw fit to respond stating, amongst other things, that the inspectors "did not have a clue what they were looking at."

At the end of the day, unfortunately, there are no real winners in situations such as these -- putting a positive "spin" on reports, findings, etc. doesn't change the fact that, for whatever reason -- neglect, underfunding, understaffing, or anything else imaginable -- some of society's most vulnerable members are put into situations where their dignity is compromised. They deserve better.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- Lessons to be Learned from California Attorney General's Proactive Approach

Philip J. Berenz — Thu, 21 Feb 2013 19:05:00 -0600

The Los Angeles Times previously reported an article from the studies of a 2+ year investigation into Southern California nursing homes ordered by the California Attorney General.

Unfortunately, the study found, amongst other things that: "Inspectors discovered cases of bed sores not being treated properly, patients being given the wrong medication or being over-medicated with psychotropic drugs and residents left in feces and urine for hours. Nursing homes were out of compliance with nurse-patient ratios and fraudulently billing for services, according to the reports."

To those that deal with matters of nursing home abuse and neglect on a daily basis, this is nothing new, sadly, and the problem is widespread on a national level.

What is encouraging about this, though, is that the results were forwarded to the Department of Public Health for investigation -- this is the key to focus on, as Illinois would be wise to learn from this approach. As discussed, the Illinois Department of Public Health is constantly hampered in its efforts to investigate nursing homes bylaws and procedures that limit the amount of time it has to issue disciplinary measures to a nursing home after it is found to be in violation.

When this is coupled with the fact that they have to rely on reports filed by either injured patients or their families, IDPH is constantly fighting an uphill battle whenever it goes up against a nursing home -- be it time limitations, parties and witnesses unwilling to come forth, or otherwise.

That's why this approach by the California Attorney General is something that other states like Illinois can, and should, learn from -- if you want to get a good glimpse of the ways in which nursing homes are letting their residents down, the best way might just be to commandeer the process and devote the resources necessary. The results might be more alarming than they might think.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.

Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law -- Tennessee's Largest Nursing Home Operators Agreed to a $9 Million Settlement

Philip J. Berenz — Tue, 19 Feb 2013 18:45:17 -0600

As those who follow nursing home-related disputes in the news can attest, the most common excuse you're likely to hear when an accident occurs is, bottom line, a complaint about money.

When a resident is injured in a fall and lays unattended to for a long period of time, the likely excuse is that the facility lacked the money to hire enough workers -- same for residents suffering horrific injuries from bedsores.

When a resident is injured or becomes seriously ill from too much or too little medication. It was too expensive to hire skilled staff. When nursing homes make these arguments, they generally cite to statistics about dwindling Medicaid and Medicare funding and the like.

The next time you hear this argument, keep this story in mind. As the article explains, Tennessee's largest nursing provider agreed to pay $9.35 million dollars to settle a lawsuit brought by the federal government alleging that CareAll Management "robbed the Medicare Trust Fund of millions of taxpayer dollars."

The lawsuit claims, in a nutshell, that the company submitted eight fraudulent cost reports to support Medicare billing that it knew was inaccurate. Now, this isn't to suggest by inference that this sort of practice is widespread, but it's certainly something to keep in mind the next time you hear a nursing home's representatives complain that it can't meet proper staffing and resource levels due to Medicare funds drying up.

Playing by the rules is a two-way street, and nursing home residents shouldn't have to take the brunt regardless of what a facility's funding situation truly is.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have any questions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect - in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters - large or small.