Nursing home abuse and neglect victims have legal rights to assert under both Indiana and Illinois personal injury laws. Federal laws may offer them additional remedies, as well.
Abuse and neglect are not the same. Claims will differ depending upon the type of accident, the cause of the accident, and the personal injury laws involved (Indiana or Illinois). However, victims of nursing home abuse and neglect need to know that there are roads to justice for victims of nursing home abuse and neglect in our part of the country.
1. Claims Based Upon Abuse in a Nursing Home
Abuse in a nursing home or care facility may involve intentional misconduct or bad acts by those employed by the owners or operators. The allegations of abuse may involve one or more individuals. In some particularly sad and enraging situations, the abuse can be attributed not only to workers but to supervisory staff and even administrators and management.
Example of Nursing Home Abuse: Wentworth Rehab in Illinois
A recent example of allegations of abuse at a nursing home was reported by the Chicago Tribune in an article published on June 14, 2018, written by Sam Roe and entitled “Inside Chicago’s Worst Nursing Home: Bug Bites, Bruises and Death.”
The story delves into the Wentworth Rehabilitation and Health Care Center located in Chicago, and how “…[i]n a city with dozens of subpar nursing homes, Wentworth Rehab stands out as the worst, according to a Chicago Tribune review of evaluations by the federal government.”
- Chronic roach problems;
- Poor food;
- Untreated bedsores; and
- Staff ignoring basic health and safety standards, resulting in broken bones and other harm.
On June 15, 2018, the day after this story was published, Congressman Bobby Rush issued a news release where he publically “called on Alden Management Services, who operate Wentworth, to shut it down.” Read U.S. Representative Rush’s full release here.
2. Claims Based Upon Neglect in a Nursing Home
Neglect in a nursing home is arguably a form of abuse, but it is distinguished by the absence of action being taken by those with a duty of care.
Example of Nursing Home Neglect? Fatal Fall in Indiana
Last November, Thelma Pauline Rector suffered fatal injuries from a slip and fall accident in her room at the Bethel Pointe Healthcare facility in Muncie, Indiana, as reported by Rafael Sanchez for RTV6 (The Indy Channel) on May 15, 2018, in a story entitled “102-Year-Old Grandmother Died From Complications From Falling After Her Bed Rails Were Removed.”
According to the news coverage, Mrs. Rector (known as “Granny”) fell out of her bed face-first, slamming into the floor. She suffered serious injuries in the accident, and died as a result of complications from the fall.
As grandson Doug Dowling points out, his family decided that their grandmother would be better served by living in a nursing home facility because of a fear that they were not best suited to protect her from a serous fall when she lived with them in their home. At the time of her accident, Granny was 102 years old and suffered from serious balance issues.
Was it neglect under the law? That has yet to be determined in a court. However, there were no bed rails on her bed to block her from falling. The nursing home is defending itself by pointing to federal government regulations that do not insist upon nursing home beds having safety rails.
News5Cleveland coverage points out that the position of the Indiana State Department of Health is that Indiana law does not prohibit the use of bed rails or alarms in nursing homes.
Of importance here: the reality that falls are a known danger for the elderly, and often a fall accident will result in death for those in advanced years. According to the CDC:
- falls are the leading cause of injury-related deaths among persons over the age of 65 years; and
- the rate of deaths from falls among persons aged ≥65 years increased 31% from 2007 to 2016,
For more, read Burns E, Kakara R. Deaths from Falls Among Persons Aged ≥65 Years — United States, 2007–2016. MMWR Morb Mortal Wkly Rep 2018; 67: 509–514.
Greed in the Nursing Home Industry
There is a great amount of money to be made in the nursing home industry in this country. Both Illinois and Indiana are major players in this economic segment: Illinois is number four (4) in the list of states with the most nursing homes; Indiana ranks at number eight (8).
While nursing homes can be operated as either for-profit or non-profit, the revenue generated by these care facilities is astronomical. Administrators and CEOs can earn huge salaries. There is also the temptation to take advantage of the system for even greater profits.
Consider the example of James Burkhart, the former CEO of American Senior Communities (ASC), which is Indiana’s largest nursing home chain, operating approximately 70 senior care facilities in the State of Indiana.
Last month, the former head of Indiana’s largest chain of nursing homes was sentenced to 9.5 years in a federal prison on health care fraud charges.
From the federal prosecutor in charge of the criminal case against Mr. Burkhart, U.S. Attorney for the Southern District of Indiana Josh Minkler in his June 2018 press release:
“In spite of receiving a salary of over $1 million, Burkhart abused his official position of trust to steal taxpayer dollars intended to benefit this community’s sick, elderly and mentally challenged. Because this thief was motivated by nothing other than corruption and greed, we sought a justifiably harsh sentence. Hopefully, the sound of the prison door slamming shut on this 9.5-year sentence will deter other officials from the culture of corruption and greed we see in this district.”
As the U.S. Attorney’s Office explains, Mr. Burkhart was convicted of working with his co-conspirators to steal $19.4 million, with almost all that money coming from a scheme that operated through ASC. The news release details how this was done. In sum:
“ASC CEO Burkhart used his position as ASC’s CEO to cut secret side deals with over a dozen of ASC’s vendors. He dangled the golden carrot of the purchasing power of the State’s largest nursing home chain. All they had to do was pay something back.”
Claims for Nursing Home Lawsuits in Indiana and Illinois
For those who have been the victims of abuse, neglect, and/or corporate greed by a nursing home or care facility in Indiana or Illinois, it is vital that they investigate the causes for any and all injuries suffered by the nursing home resident as soon as possible.
Each situation must be analyzed to determine how the state laws protecting against (1) intentional wrongdoing as active abuse as well as (2) negligent wrongs resulting from nursing home neglect apply to the incident.
For more, read:
Nursing Home Abuse and Neglect in Illinois and Indiana: Finding Justice
Illinois and Indiana: High Risk of Nursing Home Injuries from Abuse or Neglect
In our next post, we will discuss these avenues in more detail. Please, be careful out there!
