Court: Nursing Homes Can Continue Stripping New Residents Of Their Right To Day In Court

Nov 10th, 2016

Original Article In September, the federal Centers for Medicare & Medicaid Services (CMS) issued a new rule that would prevent most nursing homes and other long-term care facilities from using forced arbitration to strip new residents of their right to file lawsuits against these companies. The industry soon fired back by doing the very thing it doesn’t want its customers to do: filing a lawsuit. This morning, the judge in the case granted the industry’s request for a preliminary injunction preventing the new rule from being enforced. Just to recap: The CMS rule basically says that if a long-term care facility wants to accept Medicare or Medicaid, it will have to stop putting forced arbitration clauses in new residential agreements. Already-signed resident agreements that contain...

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12 Depression Busters for Seniors

Oct 25th, 2016

Roughly a quarter of people age 65 or older suffer from depression. More than half of doctor’s visits by the elderly involve complaints of emotional distress. Twenty percent of suicides in this country are committed by seniors, with the highest success rate belonging to older, white men. According to a recent report in the Journal of the American Geriatrics Society, depression is one of the major causes of decline in the health-related quality of life for senior citizens. Why all the depression? Rafi Kevorkian, M.D. calls them the five D’s: disability, decline, diminished quality of life, demand on caregivers, and dementia. To combat senior depression, then, requires coming up with creative methods to counter the five D’s. Here are 12 strategies to do just that: help people break...

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Oct 21st, 2016

Overview The senior population, those 65 and older, is booming, and according to the U.S. Census Bureau is set to reach83.7 million by 2050, nearly double the population of that age group in 2012. Sadly, senior citizens are especially susceptible to alcohol and drug abuse. In fact, according to the Institute of Medicine, 1 in 5 people 65 or older have one or more mental health or substance abuse conditions. As a December 2014 Dallas Morning News article explains, there are a couple of reasons for the prevalence of addiction in this age group: 1) Compared to other generations, Baby Boomers were more likely to be exposed to substance use as they “came of age.” 2) It is a reaction to factors such as loneliness and depression that can come with old age. Unfortunately, confusion often...

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Senior Loneliness

Oct 19th, 2016

Here’s an all-too-common scenario: A senior in your life is becoming increasingly isolated, and you worry that he or she is lonely, but you’re not sure what to do. It’s not the easiest subject to bring up, especially when family members or loved ones are proud and don’t want to admit they’re feeling alone. But with one of out of eight Americans now over 65 (more than 41 million people as of 2012), loneliness and isolation are becoming hot-button issues for all of us. Consider these facts, from the Administration on Aging: Twenty-eight percent of Americans over 65 live alone; for women, it’s a startling 46 percent. People over 65 have an average life expectancy of almost 20 more years. While 72 percent of men over 65 are married, only 45 percent of...

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Medical Malpractice

Jun 29th, 2016

From: Illinois Trail Lawyers Medical Malpractice Medical Malpractice is one of the leading causes of death in the U.S. Preventable medical errors kill and seriously injure hundreds of thousands of Americans every year. Any discussion of medical wrongdoing that does not involve preventable medical errors ignores this fundamental problem. According to the Institute of Medicine (IOM) preventable medical errors kill as many as 98,000 people every year at a cost of $29 billion. If the Centers for Disease Control classified medical errors as a category it would be the sixth leading cause of death, killing more people annually than auto accidents or guns. And while some interested parties would prefer to focus on doctors’ insurance premiums, health care costs, or alternative compensation...

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Myths v. Facts

Jun 25th, 2016

Article From: Illinois Trail Lawyers Myths v. Facts Contrary to popular myth, few injured Americans ever file a lawsuit. According to Rand Institute for Civil Justice, only 10% of those injured ever file a claim for compensation and only 2% file lawsuits. The notion of frivolous lawsuits clogging our courts is a myth. Most cases are in fact contract case filings (businesses suing businesses or debt collections). Long-term National Center for State Courts (NCSC) data show a 63 percent increase in contract litigation in 13 states from 1999 to 2008. In contrast, tort filings fell by 25 percent in those same states during the same ten-year period. Did you know that most tort cases are settled before ever going to trial? In 2005, approximately 3.5 percent of tort cases were resolved through...

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Why We Need a Strong Civil Justice System

Jun 21st, 2016

Article From: Illinois Trail Lawyers Why We Need a Strong Civil Justice System The civil justice system gives everyone a fair chance. America’s civil justice system gives people a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others—even when it means taking on the most powerful corporations. This is more important now than ever because the drug and oil industries, big insurance companies and other large corporations dominate our political process— and thus, people cannot depend on the political system to hold corporations accountable. When corporations and their CEOs act irresponsibly by delaying or refusing to pay fair and just insurance claims, producing unsafe products, polluting our environment or swindling...

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Senior Care

Jun 20th, 2016

From: Illinois Trail Lawyers Senior Care Standing Up For Seniors: How the Civil Justice System Protects Elderly Americans As our population ages, so too does the number of older people living in long-term care facilities. When facilities do not have enough staff or resources to care for residents, even the most dedicated caregivers cannot properly monitor or provide proper care for all of the residents under their care, often leading to resident injury or death. Many nursing homes are owned and operated by large corporations that unfortunately put profits before the people, and this profit-driven mentality has led to a decrease in the quality of care because facilities operate at minimal staffing levels with insufficient resources in order to increase profits. Individuals who are...

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State may end reliance on nursing homes for disabled adults

Nov 16th, 2011

By David Jackson, Tribune reporter 6:39 p.m. CDT, August 29, 2011 State officials on Monday moved a step closer to ending Illinois‘ long-standing reliance on large nursing facilities to house adults who have physical and mental disabilities. A proposed settlement to a class-action lawsuit was filed in federal court Monday evening. It would require state agencies to offer subsidized apartments to thousands of Cook County nursing home residents who can function independently and want to move out of the institutions. Before it becomes state policy, Monday’s settlement still requires court approval and a “fairness hearing” to consider the comments and objections of interested parties. But the agreement was hailed as a civil rights victory by advocates for low-income...

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State declines to investigate vast majority of hospital complaints

Nov 16th, 2011

Illinois officials didn’t look into 85 percent of the 560 hospital complaints received last year, even when the reports alleged violations such as patient abuse By Megan Twohey, Chicago Tribune reporter November 6, 2011 A patient at Harrisburg Medical Center complained to the state that a bacterial infection spreading through the hospital had already killed one person and that nurses and doctors did not wear protective gowns and gloves. How did Illinois officials respond? They declined to investigate. At Adventist Bolingbrook Hospital, a patient was pricked by dirty needles, prompting preventive treatment for HIV. State regulators chose not to pursue that case, too. They also took a pass on allegations that a staffer at Streamwood Behavioral Health Center assaulted a patient,...

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