Rosenfeld Law Offices, LLC

After hearing the evidence in a wrongful death lawsuit involving an elderly woman's fall at a Florida Nursing Home, a jury became so enraged by the conduct of the facility--- that they chose to punish them the only way they could-- by handing down a huge verdict against the facility.

A recent survey by Britain’s Royal College of Nursing revealed that NHS (National Health Service) nurses are more unlikely than ever to report wrongdoing.

Recognizing that staff may lack training in areas essential to patient care, many nursing homes have begun to implement training programs at their facilities to help teach proper protocols. While the training can be quite effective in terms of improving the satisfaction of patients and prevention of medical errors, no amount of training will suffice in order to prevent situations involving harm to patients stemming from a basic lack of common sense or carelessness.

Yet another episode of nursing home violence was reported at a facility in Southwest Florida when a resident attacked his roommate over a disagreement as to the positioning of the window curtains. Even though there was a nurse nearby, the victim of the abuse suffered severe facial bruising and fractures that required medical attention at a hospital.

The family of a Pennsylvania assisted living patient has initiated a civil lawsuit against Sunrise Senior Living, a popular chain of assisted living facilities, after a hidden video demonstrated that three employees at the facility were abusing their 78-year-old mother.

Just when I thought I'd seen it all, I just read about a particularly disturbing incident at an Ohio Nursing Home that frankly made me read and re-read the news story to make sure I was truly understanding the details of the event.

Like most perspective employees, people seeking a position in a nursing home likely fill out an application, perhaps submit a resume and answer a few questions from the facility administrator or other managerial employee. Pretty simple and matter of fact. In the majority of situations, this tried and true method of seeking employment likely serves its purpose for both employer and employee.

For many families, there's a real feeling of helplessness when it comes to selecting a nursing home for a loved one or perhaps learning more about an existing one. Certainly, with many families living vast distances from their loved ones, I can sympathize as to the feelings of despair.

When you consider forms of cruel treatment, maybe you consider beds of nails or solitary confinement? However, another form of cruel treatment-- the use of restraints, is commonly used with innocent nursing home patients. At some facilities, patient restraints are a commonly used tool used by facilities in lieu of providing actual hands-on patient care by facility staff.

Respite Care means the intermittent and temporary care for frail or disabled adults on behalf of the primary caregiver in order to provide relief and support. It is an important aid for families who care for older family members so that they can run errands, work, take care of personal matter, or even give them some time off to relax. This allows you to care for family members without having to institutionalize them.

Like many elderly couples, a decision to move into a long-term care facility may mean that such a decision is a 'joint effort' and where one spouse goes-- so goes the other. In theory, moving a couple into a long-term care facility provides continuity and support in a new environment.

The increasing use of physical therapy amongst the elderly-- and particularly nursing home patients-- has resulted in increases in the number of incidences of patient injury or death.

I highly suggest taking a look at the New York Time's recent "Well" column, Four Drugs Cause Most Hospitalizations in Older Adults, as a real wake up call for medical facilities--- such as nursing homes--- to do a better job monitoring the effectiveness in their patients.

Some people have no business working in a nursing home. After reading a news report about Nai Mai Chao, I think I would certainly add her to the list. In her role as a CNA at Regency Pacific Nursing Home and Rehab Center in Portland, OR, Ms. Chao was obviously privy to many personal situations involving patients at the facility where patients trust that she would not share.

Without a doubt, one of the most frustrating aspects of litigating cases involving nursing home injuries is that many of them derive from the failure of staff to implement the most common sense safeguards.

In many nursing home negligence cases it may be easy to point the finger at the person who was responsible for the direct care of the individual at the time they were injured. Assuming the situation involves an acute incident such as: a medication error or fall--- it is easy to look at the circumstance as an open and shut case of an isolated employee simply not performing their job properly.

When complications arise during a nursing home admission due to the negligence of nursing home staff, the matter may be pursued civilly in the format of a nursing home lawsuit--- but rarely is the matter pursued criminally. Obviously, much of the hurdle to a criminal prosecution of a nursing home abuse or elder abuse matter derives from the fact that few of the victims are capable of testifying and hence the case relies primarily upon potentially flimsy circumstantial evidence.

Two Las Cruces, New Mexico women have been charged with criminal neglect after police found their elderly relative trapped in a trailer, with her toes gnawed off by animals.“[The animals] had completely eaten or removed all parts of the toes,” said Deputy District Attorney Steven Blankinship. “There was very little blood left. I imagine it was extremely horrific for her to go through that and not have anybody there who was going to help her.”

Disturbingly, during the past few weeks, we've seen a rash of nursing home violence sweeping across the country as frail residents are becoming victims of the the aggressive acts of violent patients at their facilities.

We spend a lot of time talking about the problems with modern-day nursing homes, but I find the most important improvement in U.S. nursing homes is the development of Medicare's nursing home compare website. The site provides a one-stop-shop for families seeking information on a particular facility or when researching facilities within a particular area.

In some respects, nursing home patients are at a far greater risk for injury when they engage in non-traditional nursing home activities outside of the confines of the facility-- compared with the day-to-day care they typically receive in the course of their daily programs.

When it comes to the effective prosecution of nursing home negligence cases or medical malplractice cases, medical records are a crucial piece of the puzzle in determining the essentials: who, what, where-- and sometimes why.

A Connecticut nursing home has been cited by the Department of Health for discontinuing a dietary supplement without first consulting any doctors, dieticians or nurses. The abrupt discontinuation is believed to be responsible for a sizable1% weight loss in a patient at South Windsor Rehabilitation and Nursing Center.

Number of nursing homes in Minnesota: 387. Patients living in Minnesota nursing homes: 29,871

The process of obtaining medical records in Illinois can be a frustrating experience for surviving loved ones. Nursing homes are often reluctant to divulge “sensitive” documents, and - compounding the problem- family members are required to go to probate court, by law.

One of the more common nursing home injuries that I see commonly involves the development of a urinary tract infection during an admission to a facility. Commonly referred to as a UTI, a urinary tract infection can involve any of the part of the urinary system comprised of the kidneys, ureters, bladder, and urethra.

Any environmentalist coming into my office would likely cringe at the heaps of medical records that I've accumulated from various nursing homes and hospitals on cases that I'm working on.

A few days ago we discussed how to access basic ownership and logistical information on specific nursing homes via the Medicare website. I received several emails from blog readers who asked me to elaborate on other information that can be obtained while searching on the site.

While we usually think of older people in nursing homes, the reality is that there remains a sizable contingent of younger people who remain in nursing homes and other types of long-term care facilities. Many of these younger people suffer from disabilities such as birth defects and other genetic disorders that require intensive medical care.

In order for positive change to be implemented at nursing homes, facilities must identify existing problems and create a plan to rectify them. In an ideal world, deficiencies would be nipped in the bud—before the lapses translate into real problems for patients.

Perhaps out of fear? Perhaps as a backlash to the bad press we regularly hear about nursing homes?

It's no secret that falls in the elderly nursing home population remain one of the largest threats to patients safety and overall well-being. Recognizing this threat, nursing homes must assess each patient for their potential fall-risk and create a plan of care to reduce the incidence of falls during their stay at the facility.

Like many transitions in life, a shift to a skilled nursing facility generally comes at an unsuspecting time. For many, the move to a nursing home comes after a sudden illness or injury leaves the person unable to care for herself. In most circumstances, there is a sense of urgency that accompanies this transition as many medical facilities spring this information of the family with little time to spare.

For some senior living operators, it seems like the regulatory laws that apply to their facilities are simply too burdensome. After all, operators of nursing homes and assisted living facilities are subject to laws that are designed to protect their predominately elderly residents from harm. It goes without saying that complying with some of these laws can be difficult.

By some accounts, more than 66% of nursing home patients are currently being treated for a complete or partial loss of bladder control. Unknown to many, patients with a loss of bladder control suffer serious physical and psychological consequences. Emotionally, patients may withdraw due to embarrassment of having an accident in public.

Illinois does not require a specific staff to patient ratio for Illinois nursing home facilities. The responsibility lies on each facility to determine the staffing needs to meet the needs of its residents. (Section 300.1230 – Staffing)

As many as 80 patients and staff at a California Nursing Home have become ill due to an outbreak of norovirus at their facility. The first symptoms of illnesses related to norovirus were first reported on November 6th at Country Villa Healthcare Center in Novato, CA.

Some of the most vulnerable patients in the nursing home community remain physically disabled patients with feeding tubes. Reliant on staff for their nutritional needs, specific protocols must be followed: before, during and after feedings in order to achieve their highest level of functioning.

While any medical facility--- including nursing homes-- can have episodes involving poor care and patient injury, my personal experience is that the overwhelming majority of nursing home injury cases involve a more pervasive problem at the facility that goes far beyond an sporadic misstep by a staff member.

When Andrew “Bud” Kangas, of Appleton, Wisconsin, learned he had Alzheimer’s disease, he quickly handed over his finances to a family member. Like many Alzheimer’s sufferers, he simply became overwhelmed by his caretaking costs.

Following a two week trial and several hours of deliberations, a Kentucky jury has awarded the family of a deceased nursing home patient $8 million in damages for the errors made related to the care of the patient during an admission in 2008. Categorically, the damages were apportioned: $2 million for pain and suffering, $1 million for violation of the Kentucky Nursing Home Statute and $5 million in punitive damages against the nursing home according to news reports in the Carrier-Journal.

No one seems to give much thought to transporting a nursing home patient in a wheelchair throughout the facility or outside on the facilities grounds. Just push the patient in the chair to where they need to go? Right?

With a sizable percentage of nursing home patients diagnosed with diabetes, we have been contacted by a number of current and former clients regarding a product recall involving Medtronic's MiniMed Paradigm insulin pumps. The medical device recall was initiated in July, 2009 after defects were discovered in a particular lot of the infusion sets.

The Chicago area has been struck by a snap of arctic weather lately. It’s the kind of weather that quickly brings a chill to every part of your body regardless of how quickly you can do what needs to be done and get back to a warm area.

The reported settlement of a nursing home negligence case in involving a medication mix-up caught my attention because of my perceived increase in the frequency with which medication errors are occurring at nursing homes across the country.

Following the well-publicized troubles associated with all-metal hip replacement devices manufactured by DePuy and others, a recent study casts concerns about a similar hip surgery known as "hip resurfacing".

The artificial hip failure problems that began with DePuy now have cast a broader spotlight on the entire artificial hip industry that utilizes similar metal-on-metal designs.

Despite differences in the number of candles on their birthday cake, children and the elderly have far more similarities than differences.

If you ask government inspectors, the answer is a resounding--- YES. Today, psychiatric drugs-- and anti-psychotic drugs in particular-- are prescribed to an astounding 14% of all nursing home patients. The bulk of the psychiatric drugs are administered to patients with dementia or Alzheimer's in order to calm their potentially aggressive behaviors.

Next week attorney David Terry and I will be exchanging blog-posts on perhaps the most common-- yet under-appreciated medical condition effecting patients in nursing homes and hospital-- Bed Sores. Used interchangeably with the terms: pressure sore, pressure ulcer or decubitus ulcer, most people have little appreciation of the real devastation that bed sores cause until they see one first hand.

We look to environmental causes of falls....cluttered hallways...improperly footwear...yet in many fall-related situations the real 'cause' of the fall lies within the person herself... Hypotension (low blood pressure) is a problem for many nursing home residents, causing dizziness and fainting.

Commonly known as C. Diff, Clostridium Difficile is a bacterium commonly found in the colon of healthy people. C. Diff can become a problem when the body’s natural defenses are slashed in effectiveness with the introduction of antibiotics that are typically used to treat various illnesses. Especially in older patients or those on in a weakened condition, the introduction of antibiotics may allow the C. Diff can bacteria to rapidly multiple causing serious illness or even death.

I've come to accept that the physical responsibilities placed upon nursing home staff are completely unrealistic. The desire of management and administrators to maximize the individual productivity of nursing home workers may appear to be an admirable proposition on paper--- yet, fails when it comes to providing quality care for patients.

Yesterday we discussed potential signs of mistreatment or abuse in a day care setting. Today we continue our discussion regarding child abuse as we consider the signs of various types of abuse. While many of these topics are exceptionally troubling, as parents it is important to pay attention to changes in the behavior of our children and recognize the importance of addressing these issues head on.

My heart goes out to the families across the globe who have lost loved ones due to a fire at an Australian nursing home. The death toll now stands at nine, while many other patients at the nursing home remain hospitalized in intensive care from injuries related to smoke inhalation and burns.

It's no secret that falls in the elderly nursing home population remain one of the largest threats to patient’s safety and overall well-being. Recognizing this threat, nursing homes must assess each patient for their potential fall-risk and create a plan of care to reduce the incidence of falls during their stay at the facility.

The family of a deceased woman has filed a lawsuit against a large health care company that was responsible for maintaining her health. The lawsuit names Addus Healthcare as a defendant in two count complaint alleging that the company’s negligence during a short-term stay, resulted in numerous medical complications that contributed to the patient’s death.

The family of a deceased Illinois man is suing the VIP Manor nursing home in Wood River, saying the facility was responsible for their family member’s death. The Madison-St Clair Record reports that Thomas Woodward, 52, was taken from VIP Manor to a hospital in Effingham, IL in March, 2010. [Caption: The VIP Manor nursing home is one of 35 care centers managed by Cypress Health Care.]

Recognizing that the development of a bed sore during an admission to a hospital as something that simply should not occur, many facilities have begun to categorize their development for what they truly are a serious medical error. Bed sores now join a list of dreadful occurrences such as: operations on the wrong body part, patient suicides, foreign objects left in during surgery and deadly falls in the hospital as situations that simply shouldn't occur in the presence of proper medical care.

Contrary to what some medical facilities suggest, the development of pressure sores during an admission to a facility is not an inevitable part of getting older or something that simply coincides with some medical conditions. Rather, pressure sores are overwhelmingly the result of inattentive care on the part of the facility.

One of the more difficult social responsibilities that we have is serving on a jury. In addition to the obvious inconvenience and time away from family and work responsibilities, jurors have the difficult task of determining who to believe in a situation where completely contradictory explanations of an incident are being offered.

The origins of pressure sores have been well documented for centuries--- the combination of unrelieved pressure and force put upon the body. However, from a technological perspective, relatively little progress has been made towards reducing the rates pressure sores in patients with heightened risk factors.

When you consider forms of cruel treatment, maybe you consider beds of nails or solitary confinement? However, another form of cruel treatment-- the use of restraints, is commonly used with innocent nursing home patients. At some facilities, patient restraints are a commonly used tool used by facilities in lieu of providing actual hands-on patient care by facility staff.

Even after tending to bleeding on the jaw of a resident at their facility following an altercation with another resident, staff at Sky West Assisted Living Center failed to seek out any outside medical attention for the resident. It wasn’t until the resident’s family insisted that the resident be taken to a hospital was it discovered that the man’s jaw was fractured in five places, his eye socket was broken and he had fractures in his cheek bone.

Another sexual abuse lawsuit has been filed in Chicago on behalf of a teenage boy who was sexually abused by a priest over the course of several years at St. Agatha Catholic Church on the city’s West Side. In addition to alleging that the boy was abused by admitted sex offender Daniel McCormack, the lawsuit places blame on the Archdiocese of Chicago for allowing McCormack to remain at the church--- and in direct contact with children--- after similar allegations of sex abuse had surfaced.

As the problems associated with the DePuy hip implant devices begin to mount, particular attention is now focused on difficulties associated with metal-on-metal hip devices. Over the years, metal hip replacement and resurfacing devices accounted for more than 33% of the surgical hip implant market. As the problems associated with the DePuy hip implant devices begin to mount, particular attention is now focused on difficulties associated with metal-on-metal hip devices.

The other day, I went with my son to the quaint Whole Foods in Chicago (yeah right, 80,000 sq. feet of organic, raw bliss!!) to pick up some groceries. After parking, we took two-- huge escalator rides-- down to the main shopping levels. Maybe it’s simply a part of stores' expansion, but it seems like there's a lot more escalators moving us around.

Pharmacists play an essential role in the well being of nursing home patients by filling physician prescriptions and in many cases keeping track of all the medications each patient takes to assure there are no contraindications in mixing different drugs. Obviously, keeping track of medications is an difficult but important job.

In a settlement agreement with the U.S. Attorney, the operator of 18 nursing homes in Tennessee and Mississippi has agreed to reimburse the government $ 2 million related to allegations of fraudulent billing practices at its facilities. Further, according to the terms of the settlement, the nursing home will implement an internal fraud-monitoring program and will train its employees on compliance with Medicare rules.

Wow, this past weekend brought some incredibly summer-like conditions to Chicago. The temps were in the 80's, the sun was out and yes--- the dogs were running with excitement around every park and neighborhood. While I share the dogs' excitement to be outside after being cooped up all winter, I was really shocked by how many dogs were allowed to mingle with young children at playgrounds-- without any leash!

Stevens-Johnson Syndrome (“SJS”) is a systemic disorder that affects the skin and mucous membranes, usually caused by a severe drug reaction. SJS often begins with flu-like symptoms (fever, sore throat, cough, burning eyes), then progresses to red or purple rashes and blisters (photos), especially around the mouth, nose, eyes.

Boating, tubing, and other water sports and activities can provide fun and enjoyment for families when the weather is warm. However, these pleasurable activities can also be dangerous for young children, resulting in injury or even death. According to statistics from the U.S. Coast Guard, injuries and property damages related to boating accidents can not be ignored: In 2009, there were 4,370 boating accidents causing 3,358 injuries and 736 deaths and $36 million in damages to property.

Beauty and cosmetology treatments should be an enjoyable and relaxing experience. However, some salons and spas operate in unsanitary conditions, which could put you and your health at risk. Thankfully many states have implemented laws to help keep us safe.

With the warmer temperatures, many are rushing out to nail salons to get beautiful nails to show off in their sandals. Sadly, you may be getting more than you bargain for when many salons and aestheticians fail to use basic hygiene.

Case: Hoffman v. Darnell (252 P.3d 936) Parties: Plaintiff (Appellee) - Larry Hoffman, as Personal Representative of the Estate of Gregory Pickett (Deceased) - Defendant (Appellant) - Brian Darnell and Johnson County Hospital District Court: Supreme Court of Wyoming (2011).

Case: Walberg v. St. Francis Home, Inc. 281 Wis. 2d 99, 697 N.W.2d 36) Parties: Plaintiff (Appellee) - Julie Walberg, as Special Administrator for the Estate of Lucille Yox (Deceased) - Defendant (Appellant) - St. Francis Home, Inc .Court: Supreme Court of Wisconsin (2005).

Case: Goldizen v. Grant County Nursing Home 225 W.Va. 371, 693 S.E.2d 346) Parties: Plaintiff (Appellee) - Jerry Goldizen, Co- Administrator of the Estate of Elva Goldizen (Deceased) - Defendant (Appellant) - Grant County Nursing Home Court: Supreme Court of Appeals of West Virginia (2010).

Case: Nail v. Consolidated Resources Health Care Fund (155 Wash.App. 227, 229 P.3d 885) Parties: Plaintiff (Appellee) - Joyce Nail, Personal Representative of the Estate of Ellen Schrimpf - Defendant (Appellant) - Consolidate Resources Healthcare Fund, owner/operator of Alderwood Manor Nursing and Convalescent Home Court: Court of Appeals of Washington (2010).

Case: Bishop v. Medical Facilities of America (2004 WL 1858694 (Va. Cir. Ct.)) Parties: Plaintiff (Appellee) - Joseph Bishop, Executor of the Estate of Eva Bishop (Deceased) - Defendant (Appellant) - Medical Facilities of America Court: Circuit Court of Virginia, City of Roanoke (2004).

Case: Fila v. Spruce Mountain Inn (178 Vt. 323, 885 A.2d 723) Parties: Plaintiff (Appellee) - Virginia Fila - Defendant (Appellant) - Spruce Mountain Inn and Candace Beardsley Court: Supreme Court of Vermont (2005)

Case: Virginia S. v. Salt Lake Care Center (741 P.2d 969) Parties: Plaintiff (Appellee) - Virginia S., Guardian as Litem of T.W., an Incompetent Person - Defendant (Appellant) - Salt Lake Care Center Court: Court of Appeals of Utah (1987).

Case: Sikes v. Heritage Oaks West Retirement Village (238 S.W.3d 807) Parties: Plaintiff (Appellee) - Eugenia Ginger Sikes, on behalf of the estate of Joel Sikes (Deceased) - Defendant (Appellant) - Heritage Oaks West Retirement Village Court: Court of Appeals of Texas (2007)

Case: Duke v. Kindred Healthcare Operating, Inc. (2011 WL 864321 (Tenn. Ct. App.)) Parties: Plaintiff (Appellee) - Martha Duke, as Next of Kin of William Jerry Duke (Deceased) - Defendant (Appellant) - Kindred Healthcare Operating, Inc. Court: Court of Appeals of Tennessee (2011).

Case: Burgard v. Benedictine Living Communities (680 N.W.2d 296) Parties: Plaintiff (Appellee) - Thomas Burgard, personal representative for the estate of Anton Burgard (Deceased) - Defendant (Appellant) - Benedictine Living Communities, owner/operator of Aberdeen Living Center Court: Supreme Court of South Dakota (2004)

Case: Grant v. Magnolia Manor- Greenwood, Inc. (383 S.C.125, 678 S.E.2d 435) Parties: Plaintiff (Appellee) - James Grant, Individually and as personal representative of the estate of Lessie Mae Grant - Defendant (Appellant) - Magnolia Manor- Greenwood, Inc. Court: Supreme Court of South Carolina (2009).

Case: Spunt v. Oak Hill Nursing Home, Inc. (509 A.2d 463) Parties: Plaintiff (Appellee) - Jerome Spunt, Executor of the Estate of David Spunt (Deceased) - Defendant (Appellant) - Oak Hill Nursing Home, Inc. Court: Supreme Court of Rhode Island (1986).

Case: Mannion v. Manor Care, Inc. (2006 WL 6012873 (Pa. Com. Pl), 4 Pa. D. & C. 5th 321) Parties: Plaintiff (Appellee) - Edith Mannion, Administratrix for the Estate of Marian Flueso (Deceased) - Defendant (Appellant) - Manor Care, Inc. Court: Court of Common Pleas of Pennsylvania, Lehigh County (2006).

Case: Gunn v. Hi- C- Home, Inc. (260 Or. 404, 490 P.2d 999) Parties: Plaintiff (Appellee) - Elizabeth Gunn- Defendant (Appellant) - Hi- C- Home, Inc. Court: Supreme Court of Oregon (1971)

Case: Whitaker v. Hill Nursing Home, Inc. (210 P.3d 877) Parties: Plaintiff (Appellee) - Christine Whitaker, Personal Representative for the Estate of James Richard (Deceased) - Defendant (Appellant) - Hill Nursing Home, Inc. Court: Court of Appeals of Oklahoma (2009).

Case: Doe v. Canton Regency (2011 WL 193344 (Ohio App. 5 Dist.) Parties: Plaintiff (Appellee) - Jill Doe, as Executrix for the Estate of Jane Doe (Deceased) - Defendant (Appellant) - Canton Regency Residential Care Court :Court of Appeals of Ohio (2011).

Case: Van Klootwyk v. Baptist Home, Inc. (665 N.W.2D 679) Parties: Plaintiff (Appellee) - Michelle Van Klootwyk, survivor of Gladys Wilhelm (Deceased) - Defendant (Appellant) - Baptist Home, Inc. Court: Supreme Court of North Dakota (2003)

Case: Munn v. Haymount Rehabilitation Center, Inc. (704 S.E.2d 290) Parties: Plaintiff (Appellee) - )- Iris Munn, Administratrix of the Estate of Demetra Murphy (Deceased) - Defendant (Appellant) - Haymount Rehabilitation and Nursing Center, Inc. Court: Court of Appeals of North Carolina (2010).

Case: Mueller v. Elderwood Health Care at Oakwood (2011 WL 1366292 (N.Y.Sup.) )Parties: Plaintiff (Appellee) - Kathleen Mueller, Administratrix of the Estate of Natalie Druzbik (deceased) - Defendant (Appellant) - Elderwood Health Care at Oakwood Court: Supreme Court of New York (2011).

Case: Corum v. Roswell Senior Living, LLC (149 N.M. 287, 248 P.3d 329) Parties: Plaintiff (Appellee) - Sherri Corum, Personal Representative of the beneficiaries of Mary Jo Herbert (deceased) - Defendant (Appellant) - Roswell Senior Living, LLC. Court: Court of Appeals of New Mexico (2010).

Case: Griffin v. Bayshore Medical Center (2011 WL 2349423 (N.J. Super. A.D.)) Parties: Plaintiff (Appellee) - Edward J. Griffin, individually and as Administrator for the Estate of Edward L. Griffin and Philomena Papa and Ralph Papa - Defendant (Appellant) - Bayshore Medical Center Court: Superior Court of New Jersey, Appellate Division (2011)

Case: Cheever v. Southern New Hampshire Regional Medical Center (141 N.H. 589, 688 A.2d 656) Parties: Plaintiff (Appellee) - Lynne Cheever, Administrator of the Estate of Cory Cheever (deceased)] - Defendant (Appellant) - South New Hampshire Regional Medical Center, Dr. Arthur Andsell Court: Supreme Court of New Hampshire (1997).

Case: Gilloon v. Hamana, Inc. (100 Nev. 518, 687 P.2d 80) Parties: Plaintiff (Appellee) - Richard Gilloon, Administrator of the estate of Winifred Gilloon (Deceased) - Defendant (Appellant) - Humana, Inc., dba Sunrise Hospital Court: Supreme Court of Nevada (1984).

Case: Bell v. Williams Care Center, Inc. (226 Neb. 1, 409 N.W.2d 294) Parties: Plaintiff (Appellee) - Thelma Bell, Personal Representative of the Estate of Linnie Early (deceased) - Defendant (Appellant) - Williams Care Center, Inc. Court: Supreme Court of Nebraska (1987).

Case: Runstrom v. Allen (345 Mont. 314, 191 P.3d 410) Parties: Plaintiff (Appellee) - Ed Runstrom, personal representative of the estate of Richard Runstrom (Deceased) - Defendant (Appellant) - Jake Allen, M.D. Court: Supreme Court of Montana (2008).

Case: Rush v. Senior Citizens Nursing Home District of Ray County (212 S.W.3d 155) Parties: Plaintiff (Appellee) - Relatives of Walter Rush (Deceased) - Defendant (Appellant) - Senior Citizens Nursing Home District of Ray County Court: Missouri Court of Appeals (2007).

Case: Johnson v. Graceland Care Center of Oxford, LLC v. Conley (41 So.3d 692) Parties: Plaintiff (Appellee) - 1. Estate of Adela Johnson (Deceased) 2. Conley, Representative of Esther Conley (Deceased) - Defendant (Appellant) - Graceland Care Center of Oxford, LLC and DeSoto Healthcare, Inc. Court: Supreme Court of Mississippi (2010)

Case :Strickland v. Vencor, Inc. (2000 WL 622292 (Minn. App.)) Parties: Plaintiff (Appellee) - Rita Strickland, Administrator for the Estate of Margaret Louise Peterson (Deceased) - Defendant (Appellant) - Vencor, Inc. Court: Court of Appeals of Minnesota.

Case: Wayland v. New Light Nursing Home Corporation (2007 WL 2744638 (Mich. App.)) Parties: Plaintiff (Appellee) - Wayland, as guardian of Thelma Johnson, an Incapacitated Individual - Defendant (Appellant) - New Light Nursing Home Corporation Court: Court of Appeals of Michigan (2007).

Case: Tripp v. Cranberry Pointe Rehab and Skilled Care Center (55 Mass. App. Ct. 1114) Parties: Plaintiff (Appellee) - Tripp, administratrix of the estate of Mary Ellis (Deceased) - Defendant (Appellant) - Cranberry Pointe Rehab and Skilled Care Center & another Court: Appeals Court of Massachusetts (2002).

Case: Hashmi v. Bennett (416 Md. 707, 7 A.3d 1059) Parties: Plaintiff (Appellee) - Troy Bennett, representing the surviving family members of Adrian Bennett (Deceased) - Defendant (Appellant) - Dr. Shoaib Hashmi Court: Court of Appeals of Maryland (2010).

Case: Walker v. Maine General Medical Center (792 A.2d 1074) Parties: Plaintiff (Appellee) - Patricia Walker, individually and on behalf of husband’s estate - Defendant (Appellant) - Maine General Medical Center Court: Supreme Judicial Court of Maine (2002).

Case: Curry v. Healthsouth North Rehabilitation Hospital- Homer Campus (58 So.3d 1143) Parties: Plaintiff (Appellee) - Curry - Defendant (Appellant) - Healthsouth North Rehabilitation Hospital- Homer Campus Court: Court of Appeals of Louisiana (2011).

Case: Pine Tree Villa, L.L.C v. Olson (2009 WL 723034) Parties: Plaintiff (Appellee) - Olson - Defendant (Appellant) - Pine Tree Villa, L.L.C. Court: Court of Appeals of Kentucky (2009).

Case: Hert v. Burton Parties: Plaintiff (Appellee) - Hert - Defendant (Appellant) – Burton Court: Court of Appeals of Kentucky (2009).

Case: Tudor v. Wheatland Nursing L.L.C. (42 Kan. App. 2d 624) Parties: Plaintiff (Appellee) - Tudor, Administrator for the Estate of Tracy Tudor (Deceased) - Defendant (Appellant) - Wheatland Nursing L.L.C. Court: Court of Appeals of Kansas (2009).

Case: Tudor v. Wheatland Nursing L.L.C. (42 Kan. App. 2d 624) Parties: Plaintiff (Appellee) - Tudor, Administrator for the Estate of Tracy Tudor - Defendant (Appellant) - Wheatland Nursing L.L.C. Court: Court of Appeals of Kansas (2009).

Case: Yadon v. Dennett (197 P.3d 904) Parties: Plaintiff (Appellee) - Yadon, Administrator for the Estate of Harold Furman (Deceased) - Defendant (Appellant) – Dennett Court: Court of Appeals of Kansas (2008)

Case: Smith v. Iowa Department of Human Services (755 N.W. 2d 135) Parties: Plaintiff (Appellee) - Smith - Defendant (Appellant) - Iowa Department of Human Services Court: Supreme Court of Iowa (2008)

Case:Newkirk v. Bethlehem Woods Nursing and Rehabilitation Center, LLC. (898 N.E.2d 299)Parties:Plaintiff (Appellee) - Newkirk, representing the estate of Martha O’Neal - Defendant (Appellant) - Bethlehem Woods Nursing and Rehabilitation Center, LLCCourt:Supreme Court of Indiana (2008).

Case: Atterholt v. Robinson (872 N.E. 2d 633) Parties: Plaintiff (Appellee) - Robinson, Personal Representative of the Estate of Irene Gray (deceased) - Defendant (Appellant) - Atterholt, Commissioner of Insurance of Indiana Court: Court of Appeals of Indiana (2007).

Case: Childs v. Pinnacle Health Care, LLC. (399 Ill.App.3d 167) Parties: Plaintiff (Appellee) - Childs, Independent Administrator of the Estate of Dorothy Jones (deceased) - Defendant (Appellant) - Pinnacle Health Care, LLC. Court: Appellate Court of Illinois (2010).

Case: Vincent v. Alden- Park Strathmoor, Inc. (399 Ill.App.3d 1102) Parties: Plaintiff (Appellee) - Vincent, Legal Representative for the Estate of Marjorie Vincent (deceased) - Defendant (Appellant) - Alden- Park Strathmoor, Inc. Court: Appellate Court of Illinois (2010).

Case: Jones v. Crawforth (147 Idaho 11, 205 P.3d 660) Parties: Plaintiff (Appellee) - Jones, individually and guardian of the state of Lori Jones (Deceased) - Defendant (Appellant) - Crawforth, bankruptcy trustee for B&B Autotransfusion Services Court: Supreme Court of Idaho.

Case: Lee v. Hawaii Pacific Health (121 Hawai’I 235, 216 P.3d 1258) Parties: Plaintiff (Appellee) - Lee, as personal representative of the estate of her son, Ross Unebasami (Deceased) - Defendant (Appellant) - Hawaii Pacific Health Court: Intermediate Court of Appeals of Hawaii (2009)

Case: Dove v. Ty Cobb Healthcare Systems, Inc. (305 Ga. App. 13) Parties: Plaintiff (Appellee) - Dove, Representing the estate of Ann Royston (Deceased) - Defendant (Appellant) - Ty Cobb Healthcare Systems, Inc. Court: Court of Appeals of Georgia (2010)

Case: Jones v. Mariner Health Care of Deland, Inc. (955 So.2d 43) Parties: Plaintiff (Appellee) - Estate of Clara Jones (Deceased) - Defendant (Appellant) - Mariner Health Care of Deland, Inc. Court: Court of Appeals of Florida (2007)

Case: Beebe Medical Center, Inc. v. Bailey (913 A.2d 543) Parties: Plaintiff (Appellee) - Bailey, as Administratrix of the Estate of Julie Bailey (Deceased)- Defendant (Appellant) - Beebe Medical Center, Inc. Court: Supreme Court of Delaware (2006)

Case: Wilcox v. Schwartz Parties: Plaintiff (Appellee) - Wilcox - Defendant (Appellant) – Schwartz Court: Appellate Court of Connecticut (2010).

Case: Salas v. Grancare, Inc. (22 P.3d 568) Parties: Plaintiff (Appellee) - Salas, representing a class of nursing home residents (both deceased and living) - Defendant (Appellant) - Grancare, Inc. Court: Colorado Court of Appeals (2001).

Case: Montoya v. Trinidad State Nursing Home (109 P.3d 1051)Parties: Plaintiff (Appellee) - Montoya, on behalf of deceased husband - Defendant (Appellant) - Trinidad Nursing Home Court: Colorado Court of Appeals (2005)

Case: Sababin v. Covina Rehabilitation Center (144 Cal. App. 4 th 81,50 Cal. Rptr. 3d 266) Parties: Plaintiff (Appellee) - Sababin v. Covina Rehabilitation Cente r- Defendant (Appellant) - Covina Rehabilitation Center, Real Party in Interest; Respondent- The Superior Court of Los Angeles County Court: Court of Appeal, Second District, Division 2, California

Case: Fireman’s Fund Insurance Company v. Care Management, Inc. (2010 WL 744994 (Ark.))Parties: Plaintiff (Appellee) - Fireman’s Fund Insurance Company - Defendant (Appellant) - Care Management, Inc. Court: Supreme Court of Arkansas (2010)l

Case: Chavez v. Avalon Care Center Tucson, L.L.C. (2009 WL 1124200 (Ariz. App. Div. 2O)) Parties: Plaintiff (Appellee) - Pamela Chavez, personal representative of Adolfo Chavez - Defendant (Appellant) - Avalon Care Center Tucson, Avalon Heath Care of Arizona, Avalon Health Care Management of Arizona, Heritage Management II, Inc., and Avalon Health Care Inc. (Collectively, Avalon) Court: Court of Appeals of Arizona (2009)

Case: Sands v. Green (156 P.3d 1130) Parties: Plaintiff (Appellee) - Sands - Defendant (Appellant) – Green Court: Supreme Court of Alaska (2007).

Case: Mobile Infirmary Association v. Tyler (981 So.2d 1077)Parties: Plaintiff (Appellee) - Robert Tyler as administrator of the estate of his mother, Lida Mae Tyler - Defendant (Appellant) - Mobile Infirmary Association Court: Supreme Court of Alabama, 2007

One of the more tragic cases, my office is working involves a woman who developed pressure sores on her heels during an admission to a New Mexico nursing home. Despite the fact that the woman was bed-bound, the facility took virtually no preventive measures to avoid pressure sores. In fact, by the time the staff at the nursing home began to treat the wounds, much of her heels and feet were covered with necrotic tissue.

Given the state of our high-tech delivery rooms, it might seem contradictory that most major birth injuries occur as a result of simple human communication problems. We like to assume ALL doctors know exactly what they’re doing, at all times. Especially during the high-stress experience of labor. But study after study has proved that teamwork breakdowns are more threatening to a baby’s health than anything else - simply because there’s so much to keep track of, at such a risky time.

A uterine rupture is a tear in the wall of the uterus. Accounting for ninety percent of all cases, uterine rupture is most common among mothers who have had a previous cesarean section. During contractions the extra stress can cause the previous incision scar tissue to expand and stretch, and can eventually stretch thin enough to give way.

Jaundice or neonatal hyperbilirubinemia is a straightforward medical complication that if left untreated or treated improperly, can have a devastating consequence on the rest of an infant’s life. Jaundice is a yellow discoloration of the skin and whites of the eyes. A yellow pigment called bilirubin builds up in the blood, causing the discoloration.

Just as there are particular types of brain damage that cause cerebral palsy, there are also certain medical conditions or events that can happen during pregnancy and delivery that will increase a baby’s risk of being born with cerebral palsy. Research scientists have examined thousands of expectant mothers, followed them through childbirth, and monitored their children’s early neurological development to establish these risk factors.

One of the scariest parts of becoming a parent - aside from the roller-coaster ride of pregnancy - is the possibility of having a “preemie,” or baby born before 37 weeks. All premature babies have an increased risk of serious medical complications, and usually begin their lives in the hospital’s “NICU” - neonatal intensive care unit.

A recently filed wrongful death lawsuit claims that clostridium difficile, or commonly known as C. Diff, is to blame for the death of a patient in an Illinois Nursing Home. The lawsuit alleges two short-term stays at Helia Healthcare facilities (Helia Healthcare of Energy and Helia Healthcare of Benton) are to responsible for the man's C. Diff infection and development of decubitus ulcers. It is further alleged that these medical complications contributed to the man's death.

Hypoxic Ischemic Encephalopathy is a condition in which the brain does not receive enough oxygen, which can occur during a difficult labor and delivery. The consequences can be severe and can include life-long complications. When a baby is deprived of oxygen during labor and delivery for over a five-minute period of time they can suffer from many types of long-term damage including learning disabilities, delayed development, seizures, and cerebral palsy.

Group B Strep infections can be particularly scary for expectant mothers because anyone, even healthy mothers, can carry GBS and may not even display any symptoms. Group B Streptococcus (Streptococcus agalactiae, group B strep, or GBS) is a gram-positive streptococcal bacterium commonly found in the intestines and lower genital tract. In adults, it is usually harmless, but mothers can pass GBS to their babies during delivery.

Within the first few moments babies are pulled from the womb doctors administer the first test of their young lives. Known as an Apgar score, doctors use the scale to evaluate each infant’s physical condition --- and determine if there are any deficiencies that require additional medical attention— or that need to be monitored.

Every day in the United States, more than two women die from pregnancy complications. An Amnesty International 2010 report (Deadly Delivery: The Maternal Health Care Crisis in the USA) revealed that women in the United States have a higher lifetime risk of dying from pregnancy complications than women in 40 other countries. A woman's chance of dying in childbirth in the United States is five times higher than in Greece, four times higher than in Germany, and three times higher in Spain.

Rosenfeld Injury Lawyers has resolved an uninsured motorist case for $250,000 on behalf of a 41-year-old carpenter who sustained cuts to his face and injuries to his back and neck. The incident occurred when a hit-and-run driver veered into his lane of traffic and collided with him head-on.

In the days following a personal injury accident, many injured people receive an outpouring of calls and messages from friends, family and.... insurance adjusters. While it may be easy to give the insurance adjuster a return call while in the call returning mode, the fact remains that insurance adjusters are not your friends.

Emergency medical and transportation services are a necessary component of a comprehensive medical care program. Ambulance services can be provided by: volunteer, municipal, private, independent and institutional providers. All providers must meet requirements set by State and local laws in order to ensure adequate services and safe transport.

Over the past few weeks, I've been spending a lot more time shopping than I normally do. With a recent move, I've been hitting the Home Depot - Container Store - Bed Bath & Beyond circuit pretty hard. In addition to doing my part to jump start the economy, I've noticed just how dangerous the parking lots in these places can be for adult and child pedestrians alike.

A school bus driver forgot one of the tenants of good winter driving-- keeping an adequate distance between vehicles-- when he swerved the bus to avoid hitting another car that apparently lost control. The bus landed in a ditch on the side of the road injuring six of the children inside. The six injured children were transported to Advocate Condell Medical Center.

When a client tells me that they were involved in a bike accident, I begin to envision the horrific lay of the land as they are peddling down the street and a car ignores a traffic signal or is busy jabbering on their cell phone and..... whack... Well, not to say that the above circumstances don't happen-- and happen with a fair amount of frequency--- the truth is that there's another major component of bicycle injuries that tends to go unknown-- until it happens to you or your child.

Only recently have states and municipalities recognized the disastrous consequences dooring accidents can have on bicyclists in urban areas. Thankfully, many cities-- such as Chicago-- have recognized the importance of preventing these injuries by incorporating ordinances to protect cyclists from the unavoidable harm caused when a car door is quickly flung open in front of them.

According to the the Institute for Healthcare Improvement, 2.6% of the the 30 million operations performed each year are accompanied by a postoperative infection. Certain procedures account for a higher number of infections---some procedures have infection rates of up to 11%.

One of the most profound cases I worked on involved a girl who was prescribed Bactrim by doctors at a medical clinic for complaints of a sore throat following an outdoor soccer match in cool weather. Soon after taking the medication, the girl began to develop bumps on her throat, followed by a skin rash. After several more visits to the clinic, the doctors advised the girls parents to continue with the Bactrim.

A recently filed wrongful death lawsuit claims that clostridium difficile, or commonly known as C. Diff, is to blame for the death of a patient in an Illinois Nursing Home. The lawsuit alleges two short-term stays at Helia Healthcare facilities (Helia Healthcare of Energy and Helia Healthcare of Benton) are to responsible for the man's C. Diff infection and development of decubitus ulcers. It is further alleged that these medical complications contributed to the man's death.

For the third time in recent years, the Illinois Supreme Court has rejected the State legislatures attempt to limit the rights of those who have been harmed by negligent doctors and hospitals. This most recent decision held section 2-1706.5 of the Code of Civil Procedure was unconstitutional because it violated the separation of powers between the judiciary and legislative branches of government.

The signs of cerebral palsy usually appear in the early months of life, although specific diagnosis is usually delayed until later. Parents are often the first to suspect that their baby’s motor skills aren’t developing normally. Infants with cerebral palsy frequently have developmental delay, in which they are slow to reach developmental milestones such as learning to roll over, sit, crawl, smile, or walk.

Hypoxic Ischemic Encephalopathy is a condition in which the brain does not receive enough oxygen, which can occur during a difficult labor and delivery. The consequences can be severe and can include life-long complications. When a baby is deprived of oxygen during labor and delivery for over a five-minute period of time they can suffer from many types of long-term damage including learning disabilities, delayed development, seizures, and cerebral palsy.

As a lawyer, who litigates birth injury cases, I've noticed that there is still quite a bit of confusion about c-section deliveries. I've noticed that many doctors fail to adequately explain the procedure to their patients and many times is is done so during a particularly stressful time--- like when the woman is in labor!!

Medical malpractice claims arise when people are injured by negligent or intentional acts of a licensed medical professional. Medical malpractice claims may involve a: doctor, nurse, psychiatrist, dentist, chiropractor, podiatrist, hospital, or other healthcare provider.

A recent joint study from Vanderbilt and Brown Universities found that hospital patients 65 and older have a fairly high risk of developing sepsis, or illness caused by severe blood infection. Sepsis (also called severe sepsis, sepsis infection, and septic shock) is a potentially deadly condition that’s often caused by late-stage bed sores.

'Under-staffing' and 'under-funding' are just several of the underlying reasons alleged to contribute to the development of a patient's bed sores (or decubitus ulcers, pressure ulcers or pressure sores) during an admission to a Missouri nursing home.

Like many elderly couples, a decision to move into a long-term care facility may mean that such a decision is a 'joint effort' and where one spouse goes-- so goes the other. In theory, moving a couple into a long-term care facility provides continuity and support in a new environment.

The first step in evaluating a bed sore case, is to determine when at what type of facility the bed sore developed. Aside from obviously knowing which facility to pursue a claim or lawsuit against, knowing how the facility is legally categorized is essential to a successful recovery.

Federal law requires that nursing homes have bed sore prevention program. The first part of a nursing home’s bed sore prevention program is a skin care assessment. A skin care assessment must be completed for new nursing home residents within 14 days of admission to the facility which is done to help determine what factors may put the resident at risk for developing bed sores.

Caring for nursing home patients is hard work! Caregivers must be dedicated to invest the necessary time and effort to assure the medical, personal and psychological needs of their patients are met. When caregivers fail to provide necessary care, patients begins to suffer. Compared with an affirmative act (such as nursing home abuse), nursing home neglect truly implies that someone is not doing their job.

Another sexual abuse lawsuit has been filed in Chicago on behalf of a teenage boy who was sexually abused by a priest over the course of several years at St. Agatha Catholic Church on the city’s West Side. In addition to alleging that the boy was abused by admitted sex offender Daniel McCormack, the lawsuit places blame on the Archdiocese of Chicago for allowing McCormack to remain at the church--- and in direct contact with children--- after similar allegations of sex abuse had surfaced.

Why in the world would I suggest the the people who are responsible for the care of our most vulnerable take a lesson from those responsible for most violent? The answer has to do with how nursing homes keep track of their residents. Call it wandering, eloping or just escaping, there have been several recent reports of nursing home residents who have wandered from their facilities to their death without the facilities knowledge.

Perhaps the most basic safeguard nursing homes and hospitals can implement with wheelchair patients is the utilization of wheel-locks. Too often, physically disabled patients are simply propped up in their wheelchairs with the assumption that they face little chance of getting injured.

A Midwestern heat-wave is likely to blame for the death of a 69-year-old man at a Wisconsin nursing home. Though no official cause of death has been established, prolonged heat exposure appears to be primary cause of the man's death. WISN.com is reporting that emergency personnel were called to Sunrise Care Center, after the man was discovered by staff sitting unresponsive in his wheelchair.

One of the most profound cases I worked on involved a girl who was prescribed Bactrim by doctors at a medical clinic for complaints of a sore throat following an outdoor soccer match in cool weather. Soon after taking the medication, the girl began to develop bumps on her throat, followed by a skin rash. After several more visits to the clinic, the doctors advised the girl’s parents to continue with the Bactrim.

The family of a seventh grade girl at a Chicago Public School has filed a wrongful death lawsuit against the Chinese restaurant that catered an end of year school party. The lawsuit alleges that the restaurant failed to adhere to strict warnings provided by the girl's teachers regarding here severe food allergies to peanut products.

Many assisted living facilities and other nursing home alternative facilities have done very well financially-- playing into the stigma associated with nursing homes that many people hold. While nursing homes may receive a fair amount of bad press, they provide essential medical services for millions of patients. The level of care offered at assisted living facilities simply is not intended to take the place of the skilled nursing care offered in nursing homes.

An increasing number of number of pressure sore cases my office is working on involve pressure sores that have developed during a hospitalization. What was once considered a sad symbol of poor nursing home care, is now increasingly associated with poor hospital care. Many of our clients who enter a hospital for acute care, wind up extending their hospitalization due to the development of a pressure sore during their stay.

One of the the emerging trends in nursing home care is the proliferation of care facilities that commonly hold themselves out to be nursing home alternatives. Many of these facilities have arisen in response to consumer demand for facilities that offer a less institutional feel and a cost far-less than traditional skilled nursing facilities (nursing homes).

The other day I took my three-year-old son, Max, to a friend’s birthday party at the family’s home. Within minutes of our arrival, I watched Max and other children rush to a home trampoline in the basement. Unfortunately, as quickly as the kids convened at the trampoline-- crying soon began as several children collided while jumping around.

Child abuse, especially sexual abuse, is a devastating event and can be difficult to discuss. This is especially true for clergy abuse because it involves the church and trusted priests. However, clergy abuse is a topic that needs to be discussed. The more light shed on the topic, the better people can understand the problem, take preventative measures, provide therapy to victims, and attempt to right wrongs.

A child explores the world by touching, tasting, and putting things into its mouth. However, sometimes these objects and materials contain dangerous and unseen contaminants such as lead. Lead is a naturally occurring, a very toxic heavy metal, that can cause dangerous health problems when there is too much of it in our bodies.

The Chicago Tribune ran one of the more disturbing investigative stories I've seen in a long-time when it chronicled the poor care given to disabled children living at Alden Village North located on Chicago's north-side. The Tribune used public records and government documents to uncover the names and details of care provided to children living with physical and mental handicaps, including: cerebral palsy and Downs syndrome.

In the United States, about 4.5 million people are bitten by dogs every year, most of whom are children. In Chicago alone, almost 2,000 people are bitten by dogs every year. Young children are the most common victim of dog bites, followed by the elderly. About half of all children will be bitten by a dog before they graduate high school. Children ages 5-9 are most at risk for dog bites.

A two-year old toddler is spending time in the burn unit of an Indiana hospital after the caregiver at his daycare center tried to apparently teach him a cruel lesson for poorly aiming while urinating. After an initial claim that the boy simply 'fell' into a tub of lukewarm water, the caregiver acknowledged that the boy received scald burns when she deliberately placed him in boiling hot water at her home-based daycare center.

In my house, it seems like we start celebrating Halloween in July! Costumes, parties, candy-- and yes a trip to a haunted house or two seem to fill our schedules in the weeks leading up to the big day. In the past few years, I noticed a trend towards bigger and more exciting haunted houses where there is more of everything-- monsters and blood--- but a noticeable lack of safety.

Children are energetic, active, and playful. They play as hard as they can and are oftentimes unaware of their own safety. As can be expected, bone breaks or fractures are very common (diagram of bone breaks) in children. Bone breaks are the fourth most common accidental injury for children under 6-years-old. Broken bones can be difficult to recognize if the bone is not displaced.

Day Care Centers are facilities that provide child care for less than 24 hours/day for over eight children if it is a family home or over three children in a non-home facility. In Illinois, these Centers are regulated by the Part 407 (Licensing Standards for Day Care Centers) of the Illinois Administrative Code. DCFS inspects and licensees these facilities (license valid for three years).

The sight of a severe pressure sore wound can be upsetting for both doctor and patient. Stage 3 and 4 pressure sores are hard to treat, and in some cases may cause great discomfort and pain. Fortunately for patients, doctors have many sophisticated wound dressings at their disposal, several of which are relatively pain-free.

Proper bed sore care often requires the expertise of many people. Doctors, nurses and family members all play a critical role in a patient’s healing. Sometimes, however, certain types of doctors might be especially well-suited to treat decubitus ulcers. In a recent report from Modernmedicine.com, an Ohio doctor argues that proper bed sore care must involve the regular supervision of a dermatologist.

In Galveston, Texas, a family is suing a Texas City-based nursing home, saying it failed to properly care for their family member’s severe pressure sores. The bed sores, the family claims, resulted in Christopher Murphy’s early death. According to court documents, Murphy was a patient at the Hearthstone at the Mainlandnursing home from May- September 2010.

In Britain, the daughter of a man who died as a result of infected pressure sores is publicly raising questions about his death. “To know that more could and should have been done to prevent his suffering is simply unbearable,” said 32-year-old Louise Norton, in an interview with the Reading Post. “If by speaking out we can somehow force change, I will feel in some small way justice has been done.”

If you’re an adult child of an elderly parent, you may already know that choosing a proper nursing home can be stressful. Carolyn L. Rosenblatt, nurse and author of the blog AgingParents.com, shares some tips on how to ensure your parent will always remain safe and healthy:

A new government program unveiled on Wednesday, April 27, will aim to reduce hospital readmissions by 20 percent, according to NorthJersey.com. The initiative, an extension of the Patient Protection and Affordable Care Act passed March 23, will allot more than $1 billion to help fund “demonstration projects” over the next three years.

The Administration on Aging, defines elder abuse as the intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult. Obviously, using the the government’s definition, many forms of mistreatment - intentional and negligent may be considered abusive.

Philadelphia jurors have spoken in a case involving the development of decubitus ulcers during a hospitalization and deterioration during a subsequent stay at a nursing home. Not only did they speak up, but the jurors stood up in a loud way, slapping $5 million in punitive damages on top of a $1 million compensatory award against the Jeanes Hospital and Hillcrest Convalescent Home (Pennsylvania).

People with advanced bed sores (stage 3 or stage 4) are particularly susceptible to developing infection– both in the wound itself and potentially systematically. In order to minimize risk of infection, care should be taken to keep the wound clean and dry. Dressings should be changed on a regular basis as ordered by a treating physician.

Pressure sores (also referred to as bed sores, pressure ulcers, or decubitus ulcers) are an all too common and painful problem for nursing home residents. Most pressure sores are preventable and are caused by faulty care where the nursing home or hospital does provide adequate care to prevent and treat bed sores.

Without much objection, bed sores have become an accepted way of life at some nursing homes. Today, patients, families and caregivers at some nursing homes view the development of bed sores as an inevitable part of the aging process. To the contrary, the majority of circumstances when a patient develops a bed sore during an admission to a nursing home is an indication of inadequate care or neglect.

Absolutely. Bed sores are not a condition isolated to the elderly. In many circumstances younger patients in nursing homes and hospitals face many of the same risk factors that their contemporaries encounter: remaining in one position for extended periods of time, being kept in soiled linens for extended periods and general neglect by staff when they fail to appreciate the warning signs related to the early signs of a bed sore (also called: pressure sore, pressure ulcer, decubitus ulcer).

Even in large metropolitan areas like Chicago, IL patients in nursing homes, hospitals and other types of senior living facilities continue to suffer from a medical complication that has been around as long as history books have been written— bed sores.

I receive many inquiries from parents of injured children who are concerned both about the long-term impact of injuries on their children--- and how to go about seeking legal recourse from the party that may have caused the injured. While the medical implications of an injury are indeed best suited for a physician to address, to potential legal redress may be evaluated by an attorney experienced in personal injury law.

Always on the cutting edge, some of my son's friends are always looking for different birthday themes. Moving beyond paint guns and 'Pump it up', my son was recently invited to a birthday gathering at a trampoline park. Everything sounded great until I Googled the facility and saw a link to a Chicago Tribune article about the new trampoline park trend invading the Chicagoland area.

It never ceases to amaze me how the poor judgment of an adult can lead to disastrous consequences for a child.Particularly with the use of recreational activities, adult carelessness frequently contributes to situations where a child is harmed because the adult watching him or her failed to provide necessary instruction to a child regarding:

Depending on the individual, even the most mundane parts of a long-term care facility can pose a risk of harm. While we normally associate an injury at a long-term care facility with an error committed by staff or a faulty device, many facilities-- and particularly those that care for the developmentally disabled--- need to take precautions to make make sure potentially dangerous materials are kept securely out of reach of the residents.

In response to at least 32 infant deaths caused by “drop-side” cribs, the Consumer Product Safety Commission (CPSC) recently issued stringent new rules for cribs in hotels. As of December 2012, all U.S. hotels and motels must:

Adoption and foster care arrangements can be terrific alternative for children with troubled backgrounds. After all, children living in these types of arrangements may be blessed with a loving family. If you are looking for insights one these family situations, you've come to the right place.

For handicapped children, living in a group home environment with peers facing similar disabilities can be a real gift. Unlike other living arrangements where children can feel significantly out of place, group homes for disabled children and young-adults hopefully foster an environment of support and encouragement.

When it comes to prosecuting cases involving fractures of unknown origin, one of the primary defenses proposed by nursing homes is that the fracture was simply "spontaneous". In other words, due to the patient's weakened state, the bone likely fractured simply as a result of the person's own weight, taking a particular type of medication or as a result of their own movement that may have put awkward pressure on a particular area.

When you become aware of an injury to your child, you should obviously get medical attention as soon as feasible. After your child's condition has stabilized, it is important to get into ‘fact collection mode’. In fact collection mode, you are beginning to collect information about the incident, and they type of injuries your child sustained.

Boating, tubing, and other water sports and activities can provide fun and enjoyment for families when the weather is warm. However, these pleasurable activities can also be dangerous for young children, resulting in injury or even death. According to statistics from the U.S. Coast Guard, injuries and property damages related to boating accidents cannot be ignored:

Without much objection, bed sores have become an accepted way of life at some nursing homes. Today, patients, families and caregivers at some nursing homes view the development of bed sores as an inevitable part of the aging process. To the contrary, the majority of circumstances when a patient develops a bed sore during an admission to a nursing home is an indication of inadequate care or neglect.

Great debate has ensued in the medical community concerning what can be done to reduce the incidence of shoulder injuries sustained by babies during the delivery process. Collectively referred to as: shoulder dystocia, Erb’s Palsy or brachial plexus injuries, this type of birth injury is sustained when the child’s shoulder gets stuck behind the mother’s pubic bone during vaginal delivery and the delicate nerves in the child’s neck—or more acutely—brachial plexus— is damaged.

Two years of litigation has achieved a $7.5 million settlement in a birth injury lawsuit initiated by the grandparents of a child born with cerebral palsy. As reported in the Chicago Sun Times, the medical malpractice lawsuit was brought against Christ Medical Center and treating obstetricians for their respective roles in the way they responded to a situation involving signs of fetal distress of a baby born at the hospital in 2002.

With the warmer temperatures, many are rushing out to nail salons to get beautiful nails to show off in their sandals. Sadly, you may be getting more than you bargain for when many salons and aestheticians fail to use basic hygiene.

Several years ago, my office represented a boy who fractured his legs after he was thrown from a water slide at a large water park to the concrete pavement below. Our investigation into the matter revealed that the boy should never have been permitted on the slide because he was grossly under the weight requirements set forth by the designer of the slide. Further, we soon discovered that the water park operators elected to use their own tubes—that were inappropriately sized for the slide.

It never ceases to amaze me how the poor judgment of an adult can lead to disastrous consequences for a child. Particularly with the use of recreational activities, adult carelessness frequently contributes to situations where a child is harmed because the adult watching him or her failed to provide necessary instruction to a child regarding: safe operation of a vehicle; hazards in the area; and the importance of using safety equipment.

As with cerebral palsy, it can be difficult to determine if your newborn suffered a brain injury. This is because oftentimes symptoms will not be apparent until the child is around four to five years of age. This is because doctors often need to see your child move to check coordination and motor skills as well as evaluate how well your child is learning.

Found in the majority of cerebral palsy cases (>70%), spastic cerebral palsy is believed to be due to damage in the outer layer of the brain referred to as the cerebral cortex which disrupts the path of communication from the brain to the muscles.

Also referred to as, dyskenetic cerebral palsy / choreoathetoid / dystonic cerebral palsy, Children with athetoid cerebral palsy suffer from damage to the basal ganglia. The damaged basal ganglia commonly manifests symptoms that including involuntary movements that make the child seem restless.

A less common type of CP, ataxic cerebral palsy (sometimes also referred to as hypotonic cerebral palsy) involves damage to the cerebellum. Ataxic cerebral palsy is usually characterized by significantly diminished muscle tone, coordination and depth perception.

CP can affect cognitive, motor, visual, sensory, speech, coordination, and autonomic functions. Below are the some of the most commonly associated deficits associated with cerebral palsy.

In Owls Head, Massachusetts lives a 5 year-old girl who is currently in a full body cast with a special attachment to keep her legs open in order to help properly align her hips. Makayla O’Hara-Damon was born with cerebral palsy, and suffers from many physical and neurological issues.

If the development of an individual’s cerebral palsy is related to the negligent care of a doctor, hospital or midwife, most jurisdictions allow for the parents or guardian pursue a case on their child’s behalf. While some jurisdictions limit the compensation that an injured party may seek for intangible damages such as pain and suffering or disfigurement, most jurisdictions allow for parents to recover money for economic damages that their child has incurred as a result of his birth injury.

Living life with cerebral palsy means living life with constant medical and therapy appointments. In order to gain the most mobility and the best quality of life it’s important for children diagnosed with the muscular disorder to start therapy early and go often. One family living in Britain is speaking out against Great Britain’s plan to cut legal aid. They claim their son’s life would have been unbearable without the therapies afforded them through their legal case.

Cerebral palsy can’t be cured, but treatment will often improve a child’s capabilities. Many children go on to enjoy near-normal adult lives if their disabilities are properly managed. In general, the earlier treatment begins, the better chance children have of overcoming developmental disabilities or learning new ways to accomplish the tasks that challenge them.

Cerebral palsy symptoms are varied depending on the severity of the case and what parts of the brain have been affected. Some cases are very mild, while others are extremely severe. Symptoms will most likely present themselves before a child is 2 years old, and can become apparent as early as 3 months. As each developmental stage passes which include sitting, rolling, crawling, and walking, symptoms will become more pronounced.

Of course, no parent ever wants to consider the concept of losing a child. However, when it comes to planning for the future of a child with special needs — with a birth injury or cerebral palsy– the life expectancy of the child is an important consideration to keep in mind when securing your families’ future.

Just as there are particular types of brain damage that cause cerebral palsy, there are also certain medical conditions or events that can happen during pregnancy and delivery that will increase a baby’s risk of being born with cerebral palsy. Research scientists have examined thousands of expectant mothers, followed them through childbirth, and monitored their children’s early neurological development to establish these risk factors.

In 0.5% of all labors, mothers experience antepartum hemorrhage, otherwise known as excessive vaginal bleeding during pregnancy. There are two main causes of the complication: placental previa which accounts for 31% of obstetric hemorrhages and placenta abruption which accounts for 22%.

Early signs of cerebral palsy may be present from birth. Most children with cerebral palsy are diagnosed during the first 2 years of life. But if a child’s symptoms are mild, it can be difficult for a doctor to make a reliable diagnosis before the age of 4 or 5. Nevertheless, if a doctor suspects cerebral palsy, he or she will most likely schedule an appointment to observe the child and talk to the parents about their child’s physical and behavioral development.

Meconium aspiration syndrome (MAS) is a condition where a newborn breathes meconium (newborn’s first stools – thick, sticky, greenish-black color) and amniotic fluid into the lungs before, during, or after delivery. When a baby is under stress or not receiving enough oxygen or blood, the baby can pass feces while still in the uterus. Once this happens, the baby can breathe the meconium and amniotic fluid into its lungs.

Erb’s palsy (also known as brachial palsy, brachial plexus birth injury, Erb-Duchenne Palsy, Dejerine-Kumpke Palsy) is the paralysis of the upper brachial plexus. The brachial plexus is a large network of nerves that send signals from the spine to the shoulder/arm/hand (diagram). If these nerves are damaged, it can cause the arm to be paralyzed, lack of sensation, lack of muscle control in the arm/hand/wrist.

Caring for nursing home patients is hard work! Caregivers must be dedicated to invest the necessary time and effort to assure the medical, personal and psychological needs of their patients are met.

A study by McGill University researchers that was published in the Journal of the American Medical Association (JAMA) suggests that a private room in a hospital’s intensive care unit (ICU) can decrease the chances of contracting an infection.

I tend to harp on specific instances of misconduct where a nurse or nursing home employee makes and error that results in harm to a patient.

Wandering in a potentially deadly problem for nursing home patients with dementia and other medical conditions that make them unable to appreciate the dangers around them.

The fentanyl-overdose death of a central Illinois nursing home administrator really called into question the judgment of the owners of Timbercreek Rehab & Healthcare Center for me. Apparently, the owners of the Pekin, IL facility weren't too concerned the fact that their administrator was on probation with the Illinois Department of Professional Regulation for 'substance abuse' issues at the time of his hire.

While prescription drugs may be an invaluable tools in the practice of medicine-- and can be used to treat numerous illnesses and diseases-- prescription errors can cause serious injury and death. About 1.5 million preventable adverse drug events occur every year in the U.S.

It is not uncommon for children to have scrapes and bruises from learning to walk or playing games. But, many common injuries can also be caused by abuse or neglect. There is no one injury that makes it obvious that abuse is occurring. Instead, it is often the regularity of injuries or location or grouping of injuries that are indicators of abuse.

One of the cooler organizations that I've come across in a while is the Fresh Air Fund. Started in 1877, the Fresh Air Fund brings children from New York to live with suburban families across the Northeast. The program enables predominately inner-city children to experience many of the simple warm weather joys that we take for-granted.

A reminder of the dangers posed to children by rented play equipment made headlines in Chicago when eight children were sent to the hospital for various types of injuries they sustained when an inflatable slide tipped over while the children were upon it.