May 20, 2011

Illinois bill prompted by student’s food allergy death awaits Governor’s signature

An Illinois bill that could save student lives is awaiting Governor Quinn’s signature. The bill was prompted after the death of a Chicago seventh grade student who died after suffering an allergic food reaction during a classroom party. The bill, that passed the Illinois legislature, allows school nurses to administer life-saving epinephrine injections even if the student has not been known to have been diagnosed with an allergy. Our Chicago wrongful death lawyers are happy to see this bill and hope that it is signed quickly. With young children’s current high rate of allergies, epinephrine injections could truly be lifesaving.

The thirteen year-old seventh grade student passed away of anaphylaxis in December after eating takeout food that was cooked in peanut oil at a school in the Albany Park neighborhood of Chicago. Anaphylaxis is a severe, whole-body allergic reaction to a chemical that has become an allergen. After being exposed to a substance that is an allergen, the person's immune system becomes sensitized to it. On a later exposure to that allergen, an allergic reaction may occur. This reaction happens quickly after the exposure, is severe, and involves the whole body. An injection of epinephrine, which is a hormone, can counter severe allergic reactions by opening constricting breathing tubes, which improves blood circulation and reduces swelling.

Continue reading "Illinois bill prompted by student’s food allergy death awaits Governor’s signature " »

April 17, 2011

Chicago Personal Injury Lawyer Shares Concerned About Budget Proposal

News is similar around this time each year as federal representatives debate budget proposals to guide the government in the upcoming year. The consequences of those debates—and the ultimate passed budget—have far-reaching ramifications for Illinois injury victims. Consequently, it is crucial for a worthwhile Chicago personal injury attorney to pay close attention to that budgetary process. Needed advocacy can then be provided in support of resolutions and alterations to the budget which respect the rights of injury victims throughout the state.

Injury victims have unfortunately been left in the cold in a recent proposal that is now working its way through the legislative process. The Consumer Voices reports that this week the U.S. House of Representatives passed the FY 2012 Budget Resolution. Unfortunately, the proposed budget takes a hatchet to all safeguards that have been carefully put into place to ensure there are less negligence victims, at nursing homes, hospitals, and elsewhere.

Illinois personal injury victims would suffer needlessly by passage of this proposal.

For example, the bill seeks to drastically cut the already minimal safety net created for those individuals who struggle every day to pay for the rising cost of their health care. On top of that, this legislative proposal would limit the total number of care workers, like nurses, who ensure that common medical errors and negligent acts are avoided. The development of bed sores, dehydration, and malnutrition, and many other preventable complications will likely strike more often, because there will be less trained personnel working to eliminate them. Even before these possible budget cuts there existed a crisis situation involving medical errors.

In sum, this proposal ignores the needs of negligence victims, including those at nursing homes and medical patients. By placing these vulnerable community members at the bottom of the priority list, it represents a large step backward. Years of bipartisan compromise and careful progress on these issues would be swept away with its passage.

Continue reading "Chicago Personal Injury Lawyer Shares Concerned About Budget Proposal" »

April 12, 2011

Illinois House passes legislation pulling licenses of health care workers convicted of sex crimes

Our Chicago medical malpractice lawyers were happy to read that the Illinois House of Representatives overwhelmingly passed a bill mandating that health care workers in Illinois would permanently lose their licenses if convicted of a sex crime or forcible felony. The bill would require health care workers in Illinois, including physicians, with charges pending to have chaperones with them if they keep treating Illinois physicians before their trials. The physicians at question would need to notify all of their patients in writing about any pending criminal allegations. Further, no individual whose name appears on a sex offender registry would be eligible for a medical license. Next up, the bill faces the Illinois Senate. Sponsoring representatives believe the bill will easily pass.

While our Chicago injury lawyers are happy to see this legislation make ground and realize the many hospital and future hospital patients this bill will likely help, we cannot help but wonder about those innocent hospital patients and nursing home patients who could have been protected by this bill a long time ago. For example, in May 2008 four hospital employees were charged with failing to report sexual assault after a stroke patient was sexually assaulted. The hospital did not inform the authorities nor did they take any action; the entire medical malpractice would have been forgotten if a hospital employee had not later reported the assault to the police.


Continue reading "Illinois House passes legislation pulling licenses of health care workers convicted of sex crimes" »

April 10, 2011

H.R. 5 Tort Reform Proposal Attacked By Advocates At Hearing

Yesterday we discussed the testimony provided by advocates for medical malpractice victims at last week’s hearing on the bill known as House Resolution 5 (H.R. 5). We continue that discussion with additional overview of the analysis outlined in the Legal Times Blog.

We previously mentioned the advocacy of one member of the subcommittee in question, Representative Harry Waxman. Besides noting the dubious connection between tort reform and medical malpractice premium decreases, Representative Waxman also emphasized how the federal government should leave these tort law decisions to the states.

He explained quite eloquently that “regulation of insurance and the practice of medicine are quintessential state issues—they always have been. H.R. 5 would take away that or pre-empt that authority and that prerogative…But as this legislation makes clear, that guiding philosophy evaporates when it comes to protecting the interests of the insurance industry. No wonder the author of this legislation did not cite the 10th Amendment—the one that reserves power to the states—as the constitutional basis for its introduction.”

The sad reality is that far too many individuals, lawmakers, and policy advocates are willing to sacrifice basic principles of federal power in an effort to enact national rules being supported by insurance companies. The old political maneuvering games played by those with inside influence and money are clearly at work when it comes to this issue.

Instead of caving to the demands of big interests, it is important to re-focus the debate back to increasing patient safety. As representative John Dingell pointed out, much potential success exists in programs that make funds available for innovative patient safety programs. In that way, the real problem—the frequency of medical malpractice—is addressed. Misguided emphasis on the effects of those errors—the medical malpractice lawsuits—is nothing more than a red herring.

Continue reading "H.R. 5 Tort Reform Proposal Attacked By Advocates At Hearing" »

March 25, 2011

Illinois agency moves residents from group home, but too late for many

CBS Local is reporting that the Illinois Department of Human Services (“DHS”) is finally moving residents from Graywood Foundation, a state-licensed group home in Charleston, Illinois, and working towards shutting down the facility. As Rich Miller of Capitol Fax says, this action is too late for the victims of Graywood. DHS has awarded this facility nearly $30 million in taxpayer dollars since 2001, despite allegations of Illinois wrongful death at the group home.

Dating back to 2003, state records revealed that there was 33 incidents of Graywood staff members abusing residential home residents. In one tragic instance, a forty-two year old Joliet man suffered a fatal beating. He was referred to as a gentle giant and functioned at the level of a 6 year-old. He was punched, kicked, and struck with a frying pan at his group home for reportedly taking a cookie. Two staff members at the group home have been charged in the brutal beating that led to the Illinois wrongful death. The other cases include sexual abuse, physical battery, and alleged coercion of residents to attack each other. In 2008, a resident was murdered by staff. The murder prompted an internal memo from the DHS Inspector General, warning that Graywood residents were at risk amid an increase of serious allegations of abuse and neglect.

DHS has revoked Graywood’s contract and is in the process of shutting down the home. A state lawmaker is calling for a criminal investigation into the facility and is working on legislation to protect residents of these facilities. Tragically, how many vulnerable Illinois citizens have been hurt while waiting for the government to step up and protect our state’s most vulnerable?

Visit CBS Local to read more about the tragic Illinois wrongful deaths. You can also read more about the Illinois group home abuse at CapitolFax.com.

March 22, 2011

Illinois legislation jeopardizes medical licenses of sex offenders

Chicago personal injury lawyers have noted recent articles on Illinois medical malpractice involving physicians accused of sexual abuse. Now, Illinois legislation if passed would require health care workers convicted of sex crimes and forcible felonies to automatically and permanently lose their medical licenses, revealing significant support in Springfield for major medical disciplinary reform. Victims advocates and medical regulators have pushed Illinois lawmakers to introduce a new round of measures to stop sex-offending doctors through sweeping reforms. The proposed measures would mandate criminal background checks of physicians and a far greater number of medical investigators.

A previously sponsored bill would have allowed medical regulators to retain discretion in disciplining health care workers convicted of sex crimes. Unlike the current proposed legislation, the prior legislation would not have automatically revoked the licenses of medical practitioners. Under the new legislation, a sex crime or forcible felony conviction would automatically trigger a revocation of license without input from regulators. No person required to register on the Illinois sex offender registry would be eligible to receive an Illinois medical license. The bill would also require that health care workers charged with such crimes to have chaperone present when seeing patients while their criminal cases are pending.

Earlier this year, a Chicago-Area psychologist was reported to sexually assault his patient. The abuse of power exhibited by professionals in positions of influence is always sad and shocking. Our Chicago medical malpractice lawyers understand the vulnerability of patients in a variety of settings, both at hospitals and mental health facilities. It is simply unacceptable for any professional to use their position of influence to appease their own personal desires.

Follow the link to the Chicago Tribune to read more about the Illinois legislation.

Read our other posts on this subject.

Chicago-area psychologist sexually assaults patient.

Doctor sexual misconduct needs to be explained to Illinois patients.

March 3, 2011

Chicago medical malpractice lawyer argues against the health care reform bill

Steve Levin of Levin & Perconti, a Chicago medical malpractice lawyer, recently spoke out against H.R. 5, the Help Efficient, Accessible, Low Cost, Timely, Health Care (HEALTH) Act of 2011. The HEALTH Care Act was recently introduced in the United States House of Representatives and approved by the House Judiciary Committee. The bill is a reincarnation of the HEALTH Act of 2005, which never became a law. Illinois medical malpractice lawyer Steve Levin opposes the bill and points out that the bill threatens patient safety. H.R. 5 proposes a cap (or limit) on noneconomic damages for victims of medical negligence at $250,000, taking aim at patients’ rights. It further aims to reduce the period time in which victims of medical malpractice have to file a claim from two years to only one year after the injury is discovered. Mr. Levin proposes an alternative to the bill, stating that Congress should instead turn its attention to decreasing preventable medical errors.

Statistics of medical malpractice show that these proposed changes will truly hurt victims. According to the Institute of Medicine, over 98,000 people die every year due to medical errors. Chicago medical malpractice errors are often preventable and costly. Reducing the medical malpractice errors would lower health care spending. Rather than denying patients full access to the courts to gain justice, Mr. Levin stated that Congress should focus on new approaches to prevent medical malpractice from occurring in the first place. Mr. Levin addressed that medical malpractice lawsuits allow victims to hold physicians, hospitals, and insurance companies responsible for their mistakes. Damages motivate health care providers to improve patient care to avoid being sued again.

Go to the Levin & Perconti website for more information or to contact us online.

February 6, 2011

Oppose bill that would give President unlimited power to shut down the Internet

We have recently blogged about opposing the bill limiting medical malpractice lawsuits and now we have heard about a new bill that is concerning. Recent news have shown how the Egyptian government has shut down their Internet, shutting down free speech and the right to peacefully organize inside their country. Those of us in Illinois and the United States think that such a hindrance on free speech and the Internet could happen here. But, two leading Senators are re-introducing a bill – that was rejected last term – that would give any future President the same unlimited power to shut down free speech by just pulling the plug on the Internet. If the new bill is identical to the bill that was considered last year, the law would abridge our 7th Amendment right to hold cable, telecom, and internet service companies liable for mishandling the Internet.

Continue reading "Oppose bill that would give President unlimited power to shut down the Internet" »

February 3, 2011

Federal Law limiting medical malpractice lawsuits would hurt victims

While President Obama’s State of the Union address was inspiring and thought-provoking, one statement brought concern. President Obama indicated his support for some type of federal law limiting medical malpractice lawsuits. Shortly thereafter, the House Republicans introduced H.R. 5, which contains a $250,000 cap on non-economic damages and stringent limits on attorneys’ fees. The bill indicates that it would not only apply to medical malpractice claims, but also to drug and device cases, nursing home abuse and neglect lawsuits, and claims against the insurance industry. Plus, the bill preempts state laws that provide additional protection to patients.

How disappointing that both the President and the sponsors of the bill have targeted this sector of the civil justice system. The bill is drawing opposition from the right side too – Tea Party advocates have stated that the bill provides a “marker for the differences between the too-business-friendly Republican establishment who dominate Washington and the Tea Party-oriented, limited-government Americans of all parties.” This medical malpractice limiting bill does nothing to stop medical malpractice, which kills up to 100,000 Americans annually and personally injures up to ten times that number. This bill does not act to improve hospital hygiene, medical records technology, or other medical practice. Medical malpractice lawsuits cannot exist if there is little or no medical malpractice. Can’t we work towards improving medical treatment?

Continue reading "Federal Law limiting medical malpractice lawsuits would hurt victims" »

January 19, 2011

Action Alert: contact your reps to oppose repeal of Health Care Reform

The momentous health care reform act passed last year is in jeopardy. Contact your representative now to oppose repeal of the Affordable Care Act (health care reform). The House of Representatives is expected to vote TODAY to repeal the Affordable Care Act. As you know, this law is especially important to nursing home residents, nursing home neglect advocates, and families of those in nursing homes. The Health Care reform law contains numerous provisions to improve nursing home transparency and quality, prevent elder abuse, and expand access to home and community-based services. Please contact your representatives now and urge him or her to oppose the repeal of the Affordable Care Act! Personal stories have tremendous impact, so feel free to share your personal story with your representative. Do you have a family member in a nursing home? How will the Affordable Care Act affect you personally?

To phone your representative, you can call the United States Capitol switchboard at (202) 224-3121. Ask for his or her office when the operator answers. You can obtain e-mail addresses for your representatives by visiting the House website (www.house.gov). Enter your zip code in the place provided at the top of the page and the link will take you to the member’s website and contact information. If the switchboard is jammed with calls, e-mail may be the best option. When calling your representative, some talking points include the following:

“My name is [__________________]. I/my organization represents nursing home residents and others who receive long-term care in Representative ________’s district. Please ask Representative ________ to vote AGAINST the repeal of the Affordable Care Act. The law makes nursing homes safer and more accountable for the quality of services that they provide to people. The Act also helps the elderly and people with disabilities remain independent in their own homes and stay out of nursing homes. Please oppose the repeal of health care reform.” Then, you can add your own personal stories.

Watch for more alerts and information on leaving the Affordable Care Act in place at the Consumer Voice website.

October 1, 2010

Saying goodbye to forced consumer arbitration?

Fighting forced consumer arbitration has been a long fight, but consumer groups are saying that they have never been closer to victory. Whether you know it or not, forced arbitration is a topic that affects all of us. Whenever you buy a car, get a new cell phone plan, or open a new credit card, there is a good chance that you are signing away your right to seek immediate justice in court when you are signing those lengthy contracts.

Public Citizen, a consumer action group, calls forced arbitration one of the most critical threats to consumer rights today. A Public Citizen 2009 study found arbitration clauses in 75% of consumer contracts. Proponents of forced arbitration have reported that arbitration keeps court costs down and act as a block to unreasonable claims. However, we have seen how forced arbitration has resulted in abuse. For example, victims of identity theft have been ordered to pay debt-collection fees and employees have been forced to bring discrimination claims before panels of employment defense attorneys.

There are some strategies that consumer advocates are implementing against forced arbitration. One goal is to secure the passage of the Arbitration Fairness Act, which would ban forced arbitration in all consumer and employment contracts. Another pending legislation piece that hits close to home for the Chicago nursing home neglect attorneys at Levin & Perconti is the Fairness in Nursing Home Arbitration Act (H.R. 1237, S. 512). The Nursing Home Arbitration Act would eliminate forced arbitration clauses in nursing home contracts.

To learn more about forced consumer arbitration, visit the Public Citizen website.

August 3, 2010

Passage of Food Safety bill urged

The Food Safety Bill is currently bogged down in the United States Senate; however, advocates against unsafe food products are urging its quick passage. There is widespread knowledge and understanding that the Food Safety Bill is long overdue and common sense; moreover, it is needed to finally update our country’s horse-and-buggy-era food safety laws. Among several food safety measures, the Food Safety Bill would require annual inspections for high-risk processing facilities, improve oversight of food imported from other countries, and significantly improve “tracebacks,” a method of figuring out contaminated products’ locations, before our country’s consumers digest them.

One prickly point of the Food Safety Bill involves a controversial amendment to ban bisphenol-A (“BPA”). Some advocates are asking senators to reject the amendment because it is jeopardizing the bill’s passage; these advocates suggest that BPA should be dealt with separately. Advocates against unsafe food products, including product liability lawyers, are familiar with BPA. BPA is an organic compound used to make plastics and resins in addition to other applications. It has been known to contain estrogen since the 1930s and concerns about BPA’s use in consumer products have been regularly reported. Reports of the dangers of BPA surfaced frequently in 2008 after several governments issued reports questioning its product safety and prompting some retailers to remove products containing BPA from their shelves. A 2010 report from the United States Food and Drug Administration (FDA) raised further product liability concerns regarding exposure of fetuses, infants, and young children. Some health effects that were raised in reports on BPA included that it may lead to increased obesity, neurological issues, and thyroid function problems. Thus, advocates are torn about the BPA amendment to the Food Safety Bill; on one hand, the bill should be passed ASAP. But, on the other hand, is this the legislature’s best chance to put a halt to the use of BPA?

Follow the link to read more about the Food Safety bill.

July 14, 2010

Senate faces pressure to pass food safety bill

It has been roughly a year since House Democrats and Republicans approved legislation aimed to improve food safety. Now, public health advocates concerned about recent food safety recalls are growing frustrated that the United States Senate has yet to take up the bill. The Washington Post reports that a coalition of food safety groups tried to turn up the pressure last week on the leaders in the Senate, running newspaper ads featuring constituents who fell seriously ill from food poisoning and urging the leaders to move the bill to the Senate floor and to pass the bill.

Last week, President Obama addressed in a statement his support for the passage of the food safety bill. President Obama added that the bill provides the government the tools it needs to ensure food safety. The food safety bill would be the first major change to food safety law in 70 years and would give the Food and Drug Administration (FDA) greater regulatory authority regarding food production. Additionally, it places the responsibility where it belongs – on the manufacturers and farmers to produce food free from product contamination.

As the Chicago product liability attorneys at Levin & Perconti are aware, the legislation comes after a series of food-borne illnesses over the past four years. You can remember that the food recalls have included various products, such as spinach and cookie dough, and have generally made Illinois and U.S. consumers weary about food safety. In fact, just yesterday – USA Today reported that close to one in twenty five outbreaks of foodborne illnesses in restaurants and delis can be traced to contaminated, freshly-made salsa or guacamole!

Click the link to read the full food safety law article.

April 27, 2010

The U.S. is now closer to stricter oversight of dietary supplements

Chicago product liability attorneys at Levin & Perconti have blogged a lot about the lack of government regulation of dietary supplements. Now, thanks to an agreement among United States Senators to include guidelines in a food safety bill, stricter government oversight of dietary supplements is within touch. Four areas of common ground were outlined in a letter sent by chairs of the Senate Health, Education, Labor and Pensions Committee. The letter talked about incorporating the areas of agreement into the Food and Drug Administration (“FDA”) Food Safety Modernization Bill.

The provisions include: (1) all dietary supplement manufacturing, processing, and holding facilities to register with the Secretary of Health and Human Services, (2) the FDA having the authority to issue a mandatory product recall order if a dietary supplement is adulterated or misbranded or the use of such supplement could cause serious adverse health consequences such as death, (3) the FDA commissioner to publish guidelines on the new dietary ingredients as soon as possible, and (4) mandate that the FDA notify the Drug Enforcement Administration (“DEA”) when a new product contains a synthetic anabolic steroid.

According to Senator McCain, the bill would protect professional and Olympic athletes along with casual sports participants who use supplements. Pro sports leagues have supported the bill. Athletes in the past have blamed positive drug tests on substances that turn up in dietary supplements even though they are not listed as ingredients on the label.

Follow the link to read more about the dietary supplement regulation.

April 21, 2010

Illinois nursing home reformers say: more staffing at Illinois nursing homes!

CBS2Chicago.com is reporting that reformers against Illinois nursing home neglect are pushing for higher minimum staffing levels at Illinois nursing homes. Illinois Governor Pat Quinn has proposed reforms that would raise minimum staffing levels at Illinois nursing home and the notion is being quietly fought by the industry, despite evidence proving that more time spent on residents’ care by nursing home nurses and nursing home aides improves the overall health of residents. The Chicago nursing home attorneys at Levin & Perconti have repeatedly stressed the importance of adequate nursing home staffing levels in order to prevent Illinois nursing home abuse. Studies have linked more nursing hours with better care, demonstrated by fewer bed sores (pressure ulcers) and less unexplained weight loss.

Today in Springfield, government talks resumed as state officials, advocates for the elderly and mentally ill, and industry leaders attempt to agree on proposed Illinois nursing home legislation. Presently, Illinois rules only require that nursing homes provide a minimum of 2.5 hours of nursing care per Illinois residents daily. CBS2Chicago reports that works out to about 31 certified nurse aides and licensed nurses per hundred residents. Illinois Governor Pat Quinn wants to phase in more nursing care. Under the Governor’s proposal, the minimum by 2014 would be 4.1 hours each day for residents who need skilled care and 2.8 hours daily for residents needing intermediate care. While some homes already meet those standards in Illinois, some do not. As a reminder, the Illinois nursing home proposals stem from news reports of assaults, rapes, and murders in Illinois nursing homes.

Click here to read more about the proposals to prevent Illinois nursing home neglect.

March 30, 2010

AAJ and Illinois trial attorneys confident that healthcare legislation passage will allow progress on other bills

The Illinois injury attorneys at Levin & Perconti have been watching the status of several bills that will affect our clients and have noticed that they have been stalling pending the passage of the historic health care bill. While the Chicago medical malpractice attorneys are relieved that our lawmakers are finally addressing comprehensive health care reform, we are anxious about the status of several other bills. We agree with the American Association for Justice and are confident that the healthcare bill’s passage will now allow for progress on other bills that we’ve been watching.

Some key measures that have stalled in the House and the Senate that the Illinois medical malpractice attorneys at Levin & Perconti are focused on include:

(1) The Medical Device Safety Act (H.R. 1346, S. 540), which would allow medical product liability victims to bring product liability lawsuits in state court against makers of faulty medical devices.

(2) The Notice Pleading Restoration Act of 2009 (S. 1504), which would restore the “notice pleading” standard that was the standard for many years in federal court and overturn the Supreme Court’s cases requiring personal injury plaintiffs and other plaintiffs to put enough facts in a complaint to establish a “plausible” claim in order to withstand a challenge by the defense. As Chicago injury lawyers, we are paying close attention to this bill. Requiring injured victims who sometimes have little to no information as to who caused their injuries at the time of suit to file a detailed complaints puts a large burden on plaintiffs and limits their access to justice.

(3) The Foreign Manufacturers Legal Accountability Act of 2010, which would make it easier for American consumers injured by defective products, such as the controversial Chinese-manufactured drywall, to file product liability lawsuits against foreign manufacturers of defective products.

To read more about the stalled bills that affect negligence lawsuits that Illinois injury attorneys are watching.

Click here to search for the status of any House or Senate bill.

March 28, 2010

Hypocrisy highlighted as “tort-reform” advocates rush to file suit against health care law

Progress was finally made last week when the historic health care bill was signed into law. During the arduous debates involving the health care law for nearly a year, the only points that opponents of health care reform would discuss were “tort reform” and “frivolous lawsuits.” Despite mountains of facts to the contrary, 40 million people uninsured, and skyrocketing health care costs, opponents to the health care bill and many Republican lawmakers argued that trial attorneys and plaintiff injury litigation were to blame for all of our nation’s health care system’s problems.

So, the entire argument of health care opponents was that too much medical malpractice lawsuits and personal injury lawsuits were the cause of our country’s broken health care system. And what has happened now that monumental health care legislation has been signed into law? The health care opponents hired lawyers and filed lawsuits of their own.

The Chicago injury attorneys at Levin & Perconti agree with the American Association for Justice and acknowledge that there is nothing inherently wrong with using the legal system to solve disputes when no other solution is available. In fact, the Chicago medical malpractice lawyers agree that the judicial system was created by the Founders for this very purpose! However, it is awfully hypocritical for lawmakers to push for “tort reform” and limit everyday American citizens’ access to civil justice while also using the court system to push their own self-serving agenda. It is shameful that such individuals are continuously trying to limit the type of justice that individuals harmed by negligent doctors or nursing home abuse can obtain through the justice system while using the court system for its own movement.

To read more about the tort reform hypocrites, click on the link to the article featured on Huffington Post.

March 16, 2010

Overhauling The Healthcare System

The House Committee on Energy and Commerce and its investigations subcommittee have summoned the chief executives of WellPoint Inc., UnitedHealth Group, Humana Inc. and Aetna to testify about medical claims denied for individuals with preexisting conditions as well as recent rate hikes.

The lawmakers have written letters to the CEOS of the four largest insurance companies, asking these companies to provide information about claim denials for policyholders with preexisting conditions and refusing coverage for potential customers with medical conditions. Congress also wants the insurers to list their average premiums and average increases, information about the companies' maternity care coverage in the individual market, and information to justify rate increases.

The Chicago medical malpractice attorneys at Levin and Perconti are members of the American Association for Justice and will remain on top of these issues. Our Illinois personal injury attorneys constantly work to protect not only their clients’ rights to healthcare, but the right of all America's patients to healthcare.

March 11, 2010

Proposal seeks to end nursing home violence

Chicago newspaper SouthtownStar explored the nursing home abuse legislation introduced by Chicago lawmakers this week. The nursing home abuse attorneys at Levin & Perconti are happy with the two key features of the reform nursing home abuse legislation – beefing up nursing home staffing in Illinois nursing homes and raising fines on facilities that endanger residents. The nursing home industry signaled that it was not happy with the nursing home neglect bill, stating that the proposal far exceeds the issues addressed by the Illinois governor’s nursing home safety task force.

Illinois state Senators Jacqueline Collins and Heather Steans co-sponsored the legislation, which is backed by groups such as the AARP, unions representing health care workers, the Supportive Housing Providers Association, and Illinois Citizens for Better Care. As an AARP volunteer from Decatur stated, and Levin & Perconti has unfortunately realized for a long time now, thousands of nursing home residents in Illinois are victims of nursing home abuse, assault, and inadequate care. The nursing home group says that the legislation is unreasonable and mentions that the state has cut back on public health surveyors for many years.

Specifically, Senate Bill 685 aims to address these problems by improving the quality of care, creating meaningful regulations for Illinois nursing homes, providing regulations that promote resident safety, improve the quality of care for nursing home residents through provisions like higher staff to patient ratios and enhanced training, and offering less restrictive alternatives to people who do not need nursing home care.

The AARP has set up a Nursing Home Legislation Hotline. Citizens can contact their legislators and urge them to support by the SB 685 by calling 1-888-616-3322.

Click here to read more about the Illinois nursing home legislation.

To read the AARP summary, click here.

March 3, 2010

Chicago injury attorney: Key to ending violence in nursing homes is adequate staffing

Chicago injury attorney Steven M. Levin recently addressed the violence that has been reported and uncovered in Illinois nursing homes in a Letter to the Editor at Chicago Tribune. Mr. Levin commended the Chicago Tribune’s effort in raising public awareness surrounding the safety issues in Chicago nursing homes. The title of the Chicago Tribune article was “Nursing homes’ toll: 86 sex cases, 1 arrest.” Steven M. Levin has represented victims and families of victims in several incidents of Illinois nursing home abuse and neglect and has advocated for nursing home reform for many years. The nursing home attorneys at Levin & Perconti have fought for the vulnerable nursing home victims and have been successful in obtaining many record verdicts and settlements.

The Chicago Tribune noted that many of the Illinois nursing homes where sexual attacks occurred were operated with insufficient nursing home staff. Mr. Levin replied that substandard nursing home staffing is the cause of the majority of Illinois nursing home neglect and safety issues. Mr. Levin added that some nursing home owners focus on census and revenue over the safety of their nursing home residents. In order to end the incessant violence in Chicago nursing homes, we must address the issue of nursing home staffing.

As highlighted in a blog post from earlier this week, Illinois elected officials are stepping up their push for nursing home safety, but there is more that we can do. Readers are encouraged to contact your state representatives to demand legislation providing adequate staffing standards for Illinois nursing homes. You can find out who your state representative is by clicking here.

To read the Letter to the Editor that Steven M. Levin submitted to the Chicago Tribune, click here.