Tag Archives: nursing home

nursing home, surveillance camera, DuPage County personal injury lawyerWhen you entrust the care of an elderly loved one to a nursing home or long-term residential facility, it is with the understanding that he or she will be provided with the appropriate level of care and attention. Of course, even under the best of circumstances, accidents can happen, and the elderly may be especially vulnerable to falls and other injury-causing mishaps. In recent years, however, allegations of nursing home negligence and abuse have dramatically increased, and states around the country are beginning to take notice.

Granny Cams

According to some estimates, nursing home negligence and abuse have become issues in as many as one in three facilities, and reported cases number thousands each year. To combat the problem, many families have expressed the desire to place so-called “granny cams” in the rooms of their loved ones. Beginning in 2016, the state of Illinois has determined that families do have the right to install such cameras and must be permitted to do so if they choose.

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Retirement residencies are places of peace and serenity. One would think it would also provide medical care for their elderly residents. However, some residency places do not offer medical care as part of their services. That being known upfront helps people make decisions.

ChristineLorraine Bayless, 87, sought to live life to the fullest and go when it was naturally her time. She chose a Bakersfiled independent living facility, Glendale Gardens, fully knowing they did not have trained medical staff to provide care at their facilities. So when she collapsed and was not breathing someone called 911. Then a nurse got on the phone to speak to the dispatcher and decisions as to what Lorraine wanted ran through the nurses head. The dispatcher instructed the nurse to do CPR and she responded she was not allowed to do CPR. Dispatcher told her to find someone else, but the nurse refused.

At fist the owner of the facility, Brookdale Senior Living, stated the employee acted right by waiting but later that week stated the employee misinterpreted the company’s guidelines and was put on voluntary leave until everything is investigated properly. Police are not investigating as well as the company to see if any criminal activity occurred. Kern County Aging and Adult Services Department is looking into elder abuse and legislation is being considered.

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TheresaChannel 5 NBC Chicago recently reported a very sad story that led to a very substantial wrongful death suit being filed against an area nursing home. The death of Genevieve Klimczak took place last year but the wounds are still fresh to her grieving family.

Many people would think that living to the ripe age of 91 years is a great achievement and evidence of a full and happy life. However, even at the age of 91, the death of Genevieve Klimczak was both untimely and premature.

Klimczak was a resident of the McHenry Villa retirement community and had been there for several years. She suffered from Alzheimer’s disease and could no longer live on her own. Her family thought that she was in a safe place that would provide the constant supervision that her condition calls for. Their opinions changed last February when Klimczak left her room and exited the building undetected. She went out of an exit near her room that was only an exit from the building, not an entrance. The door was self locking and she was not able to get back in. She was found approximately 12 hours later frozen to death on the sidewalk. She had been there overnight while temperatures dropped to as low as 7 degrees.

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A man who said he was deprived of prescribed epilepsy medication while serving a prison sentence at Statesville Correction Center was awarded $12 million in damages by a federal jury. The man suffered permanent injuries from the deprivation, according to the lawyers who represented the man. The Chicago Tribune reported a story on the case.

The spokesman for the law office said the jury awarded Raymond Fox $11 million in compensatory damages and $1 million in punitive damages.

After Fox was denied his epilepsy medication, the 50-year-old was severely disabled in 2007. According to Fox's attorney, the prison staff ignored his need for medication.

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When Larry Boswell arrived at Illinois’s Cobden Rehabilitation and Nursing Center in 2008, he was able to walk according to government records. He now sits slumped in a wheelchair. A lawyer who is attempting to persuade Medicaid to transfer him added that speech therapy also ended shortly after the 57-year-old was admitted.

Although much of Boswell’s speech was incomprehensible, a clear “no” was spoken when asked if he wanted to stay where he was.

Boswell is one of nearly 244,000 brain-injured people that have been stuck in nursing homes, according to data compiled by Bloomberg from U.S. Medicare and Medicaid statistics. He is also fighting first hand in a national battle to get himself and others like him out of unequipped facilities that cannot care for them.

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