Chicago Nursing Home Abuse Lawyer Blog

The estate of a 77-year-old Chicago nursing home patient who died after being beaten to death by his roommate has filed a wrongful death lawsuit against the facility. Ivory Jackson's estate is seeking $50,000 in damages from the All Faith Pavilion nursing home because Jackson, who had Alzheimer’s, was housed with a roommate who was mentally ill. The Cook County coroner said his death was caused by an infection and injuries after he was struck in the head during an assault.

Jackson’s roommate, Solomon Owasanoye, has been charged with first-degree murder. He reportedly suffers from dementia.

Premises Liability
Property owners and managers are supposed to make sure that their premises are secure so that visitors, residents, and patrons will not become the victims of any kind of crime. When inadequate security and precautions result in someone’s injury or death, the party in charge of the premise can be held liable under Illinois’s premises liability law if he or she could have done more to prevent the crime from happening.

Some crimes that can occur on a premise due to inadequate security measures:

• Sexual assault
• Assault & battery
• Rape
• Robbery
• Break-ins

Owners and managers of nursing homes, schools, college dorms, clubs, hotels, restaurants, and other premises where people live or frequently visit can be held responsible for crimes committed by third parties on their property.

Suit filed by estate of man fatally beaten in nursing home, ChicagoTribune.com, July 14, 2008

Lawsuit filed in nursing home beating death, WHITV.com/AP, July 15, 2008

Related Web Resource:

Man Charged With Murder For Nursing Home Beating, MyFoxChicago.com, June 28, 2008

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Posted In: Premises Liability , Wrongful Death

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The family of an Illinois woman whose naked body was found stuffed in a closet at the Chicago Lodge Motel says they plan to sue the Somerset Nursing Home for negligence. Maratta Walker, 46, was a patient at the home. Her family says she lived there because she had a brain tumor that caused her to have seizures. Because of her condition, Walker was not allowed to leave the nursing home without supervision.

Walker’s sister, Caroline, says that she was unable to locate her sister after May 7 and she thinks that is around the time the murder occurred. When Walker's body was discovered on May 20th, the medical examiner reported that she had been murdered at least two weeks ago.

Chicago police had to fingerprint Walker's body to identify her. Her face was missing an eye, teeth had been knocked out, and she was reportedly beaten to death. Investigators are still searching for a suspect. Walker’s family, however, says that she would have never have been murdered if she hadn't been allowed out of the nursing home without supervision.

Nursing Home Abuse and Negligence
Nursing homes are supposed to provide residents with proper medical care and attention. When failure to provide this care leads to injury or death, the nursing home resident or his or her family is entitled to file a claim or lawsuit against the home and/or staff members for personal injury or wrongful death.

Common signs that a resident may be a victim of nursing home neglect:

• Unsanitary conditions
• Failure to provide proper and timely medical care
• Failure to prevent malnutrition
• Dehydration
• Bedsores
• Failure to regularly clean or feed the patient
• Failure to supervise the patient

Under the Illinois Nursing Home Care Act, all nursing home residents are entitled to certain legal rights when staying at a care facility. Failure to have those rights honored can be grounds for a nursing home abuse/neglect claim or lawsuit.

Family Of Woman Found Naked In Closet To File Lawsuit, NBC5.com, June 9, 2008

Related Web Resources:

Nursing Home Abuse and Neglect Resource Center

Illinois Nursing Home Care Act

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Posted In: Nursing Home Abuse and Neglect

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We all make mistakes, even doctors from time to time and it's good to admit it when we make a mistake. In fact, a recent report on medical mistakes from the National Academy of Sciences' Institute of Medicine, concludes that 44,000 to 98,000 Americans die each year not from the medical conditions they checked in with, but from preventable medical errors. But when it comes to doctors, a recent study suggests they're more likely to say it's important in theory to disclose a medical error to patients than they are to actually 'fess up'.

Only 41 percent of physicians surveyed said they had actually disclosed a minor medical error they made, and just 5 percent said they had revealed a major error during their career. Moreover, 19 percent said they had made a minor medical error but not disclosed it; 4 percent said they had made a major error and not disclosed it. Apparently, most healthcare providers are taught that admitting mistakes when they occur and compensating patients reduces the funds available for patient care.

In another study, 98 percent of patients surveyed desired admission of even minor mistakes. Moreover, patients were more likely to consider a lawsuit if mistakes were not disclosed. In fact, for moderate mistakes, 12 percent of the patients surveyed would consider a lawsuit for disclosed mistakes; on the other hand, 20 percent of the patients would consider a lawsuit if mistakes were not disclosed but were discovered by the patient in another way.

The new Michael Moore movie "Sicko" exemplifies the failure of physicians to admit their mistakes. A physician testified before congress that that several years ago she refused a life saving operation for a child because the insurance company offered to send her to Hawaii in exchange for her denial of care. The child died but the insurance company saved thousands of dollars. She never informed the family of her actions and only testified after the time to file a lawsuit had expired.

This is another sad example of placing profits over people and this is the exact reason why you should pursue your legal rights whenever possible.

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Medical Malpractice , Nursing Home Abuse and Neglect , Personal Injury

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In the last three years there were 248,000 preventable hospital deaths in the United States. Interestingly, the most wrongful deaths due to hospital mistakes occur during the night shift. In fact, a study found that babies born late at night were 16 percent more likely to die than those born in the daytime. There are several reasons why hospitals are more dangerous at night.

First, nighttime surgery is usually emergent and there are only skeleton crews working. As a result, you are less likely to be treated by a specialist or top surgeon.

Second, fewer nurses and doctors means less experience. Since workers with seniority get the first choice of daytime positions, the night shift is often staffed with nurses, nursing assistants and lab technicians with little experience. In addition, usually less than conscientious workers find it easier to go unnoticed at night.

Finally, fatigue is a major contributor to night shift errors. Hospital staffers generally work long hours and fatigue tends to be worse at night. Researchers found that people who had worked 24-hour shifts had the equivalent performance level of someone legally intoxicated.

To best protect yourself, compare the hospitals in your area before you are admitted. In addition, you can prevent some hospital errors by asking certain questions, especially at night. Ask the name of your night nurse and insist on the same nurse caring for you throughout the night. Make note of any staffers that stand and express your concerns to him or her. Lastly, if you are uncomfortable with the care you are receiving, ask a relative or friend to spend the night with you.

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Posted In: Medical Malpractice , Nursing Home Abuse and Neglect , Personal Injury , Wrongful Death

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In 2006, Chicago based A.D.R. Systems of America, LLC., resolved over 1,100 cases through the use of mediation and arbitration. Malman Law resolves 98% of all cases before trial with the help of this process. Many of the top personal injury lawyers in Chicago utilize mediation and arbitration to resolve cases. This is evidence that the aggressive use of mediation and arbitration to settle personal injury cases is growing rapidly. These are voluntary meetings agreed to by the parties, as opposed to those connected with the court system. The process is private and confidential.

I have successfully resolved many types of cases through the use of mediation and arbitration including, auto accidents, truck accidents, medical malpractice, nursing home neglect, construction accidents, slip and falls, accidental shootings, dog bites and other personal injury matters.

Mediation is a dispute resolution process where a neutral party, usually a retired Judge, helps to negotiate a settlement for a case. There is usually no live testimony at a mediation. The parties have total control over the outcome of the mediation and decisions are made after being informed of all information available. At a mediation the parties are not required to agree to a settlement, it is completely the parties own decision.

Arbitration is similar to a trial but is faster, less expensive and final. In an arbitration, the parties submit, usually to a retired Judge, all of the evidence to prove a case. This includes live testimony as well as written documentation. The Judge then renders a final binding decision. Sometimes, the decision can be controlled with a "high/low" agreement. This means that the parties can agree to the least amount that a party can recover and the most amount a party can recover. This allows for a range of expected recovery.

My many years of experience has taught me that the keys to alternative dispute resolution (A.D.R.) are preparation, patience and an open mind. I am always willing to listen to what someone has to say if it is in my client's best interest. See you out of court!

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Posted In: Medical Malpractice , Nursing Home Abuse and Neglect , Personal Injury , Premises Liability , Wrongful Death

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We recently forced a Chicago nursing home to settle a case for severely neglecting an elderly resident. The case involved a nursing home resident who was placed in a bed with out siderails. Our client fell out of the bed and came to rest on an iron block heater. As a result, he sustained a severe leg burn causing ulcers to develop. Eventually, the residents legs were amputated.

All nursing home residents have the right to be free from abuse and neglect. At Malman Law , we concentrate in protecting those rights. Today there are over 65 million peple in the United States over the age of 65. According to best estimates, between 1 and 2 million of these elders have been abused or neglected.

Unfortunately, most residents are never informed that they may have rights concerning falls, fractures and bed sores. It is important to exercise those rights since a nursing home will not inform you, or your family, of the right to pursue a claim against them.

There is no requirement that a nursing home inform a resident of neglect. We believe that when a nursing home becomes aware of neglect, the staff should have the obligation to inform the resident and family of their rights. Moreover, the State should be informed of the neglect and allowed to investigate any allegations by the resident or family.

In this case, we forced the nurses and staff to step forward and admit their neglect. If you or a loved one are in a nursing home you have an obligation to protect and pursue your rights. The protection of the elderly is of paramount importance at Malman Law and we will continue to fight for their rights.

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Nursing Home Abuse and Neglect , Personal Injury

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