Last year, a study published in the Proceedings of the National Academy of Sciences provided some surprising results. In excess of 50% of all Americans will, at some point, need nursing home care, according to the study. The number was well above the 35% previously cited by the U.S. Department of Health and Human Services. Few decisions are more challenging, and more important, than placing a loved one in a nursing home. You are entrusting the facility with one of the most important people in your life. You expect, and you should expect, that your loved one will receive proper care. When a facility fails to deliver on that promise, it may be necessary to take legal action. If that happens, be sure to reach out right away to a Chicago nursing home negligence attorney experienced in these cases.Every three months, the Illinois Department of Public Health publishes a Quarterly Report of Nursing Home Violators. These reports illustrate real-life examples of many of the ways in which a nursing home can fail its patients and fall short of delivering appropriate care. The most recent report, which covered the second quarter (April-June) of 2018, unfortunately showed an increase in the number of violations.
The state divides violations into categories based on the severity of their effects. Type AA violations are ones that “proximately caused” a resident’s death. Type A violations are ones from which “there is a substantial probability that death or serious mental or physical harm will result, or has resulted.” Type B violations are the least severe of the three.
In the second quarter, three type AA violations took place. One occurred at a facility in the small western Illinois town of Aledo. In that case, the staff failed to follow the instructions contained in the patient’s advance directive document (sometimes known as a “living will”). Even though the patient’s document said that the patient desired to receive CPR, the staff did not perform CPR when the patient needed it. The patient died at the facility.