Why does anyone need a Chicago Nursing Home Abuse Lawyer or a Nursing Home Neglect Lawyer in Illinois?
The Illinois Department of Healthcare and Family Services recently released a study on the staffing of Illinois nursing homes. It showed, that of the 100 lowest staffed nursing homes in the country, 47 of them are located in Illinois.
With almost half of the most critically understaffed nursing homes in America, it should come as no surprise that Illinois also has the highest number of physical and sexual abuse cases in nursing homes as found by a federal government audit performed by the Department of Health and Human Services. Specifically, after evaluating emergency room records for evidence of physical abuse in nursing homes or sexual abuse in nursing homes, Illinois was found to have the most cases of potential abuse, more even than substantially larger states like California and Texas.
If you have a loved one in a nursing home in Chicago, or anywhere in Illinois, this is stomach churning information to learn. You may be asking yourself how you can know if your loved one is in a safe facility. Carlson Bier’s Chicago Nursing Home Abuse Lawyers can help you gain the peace of mind that comes from confirming if your loved one is in a safe facility, and a way to take immediate action if your loved one was injured or harmed in any way.
What are the signs of nursing home abuse? What are the signs of nursing home neglect? How can I know if I need to call you?
In order to understand if you need a nursing home abuse lawyer or a nursing home neglect lawyer, we need to inform you of some of the typical types of nursing home abuse and neglect. As a caution, if you have a loved one who is, or has, undergone any of this, it may be difficult to read:
Common Types of Nursing Home Abuse and Common Types of Nursing Home Neglect:
- Assault and battery – this can include physically striking (hitting, kicking, shaking) or threats and emotional abuse.
- Sexual Assault – rape and other forms of unwanted inappropriate touching
- Improper Handling of Medical Issues – this can include both the failure to treat medical issues and illnesses as well as improper use of chemical restraint or medications for a purpose not authorized by a physician.
- Deprivations – food, water, medicine, social contact.
Now that you are aware of some of the most common types of nursing home abuse and nursing home neglect, it’s important to learn the warning signs. Again, as a caution, if you have a loved one who is, or has, undergone any of this, it may be difficult to read:
Warning Signs of Nursing Home Abuse and Neglect:
- Slip and falls
- Multiple small wounds (cuts, bruises, etc.)
- Bed Sores
- Head Injuries
- Broken or fractured bones
- Fluctuations in weight (weight loss or gain)
- Reluctance to speak when near a staff member
- Unexplained or unexpected death
- Changes in behavior (new fear of being touched – for example)
What laws protect our loved ones from nursing home abuse and nursing home neglect?
What laws can protect my loved one? Any good lawyer will give you the same answer to almost any question, “it depends.” This is because every situation is different. The same abuse that occurred in a Veterans Home may fall under different laws than abuse that occurred in a private facility. But in general, these are some of the laws that our Chicago nursing home abuse lawyers and our Chicago nursing home neglect lawyers can use to protect your loved ones.
- Nationwide Laws:
- The U.S. Nursing Home Reform Act is designed to accomplish two core goals: (1) protect the physical and mental health of nursing home patients, and (2) to clarify the expectations of nursing homes to provide skilled care for your loved ones.
- Illinois Laws and Regulations:
- The Illinois Nursing Home Care Act provides the Illinois specific laws that regulate Illinois nursing homes.
- The Illinois Department of Public Health provides licensing, regulation and certification for nursing homes.
- The Illinois Bureau of Long Term Care ensures compliance with the Illinois Nursing Home Care Act and that any facility receiving Medicare or Medicaid (federal nationwide benefits) is also complying with the federal (or nationwide) laws.
What Rights Do Illinois Nursing Home Residents Have?
- Medical Rights – nursing home residents are: (1) entitled to medical care via their health insurance or at their own expense, (2) entitled to refuse medical treatment (unless that refusal is harmful to others), and (3) entitled to access to their medical records.
- Privacy Rights – private and uncensored communication for phone calls, letter, or visits
- Financial Rights – all nursing home residents are permitted to manage their own financial affairs, unless there is a financial guardianship established.
- Personal Property Rights – all nursing home residence are allowed to keep and wear their personal property (in other words, jewelry should not just grow legs and walk off in a nursing home).
- Protected Status – no one may be denied their rights solely because they are in a nursing home. All of the rights given federally or by Illinois law remain in effect.
How will the Chicago nursing home abuse lawyers and nursing home neglect lawyers of Carlson Bier help me?
It is awful to find out that a loved one has experienced nursing home abuse or nursing home neglect. You do not have to go through that alone. We are here to help protect you, your loved ones, and to ensure that your are reimbursed for any harm that befell your loved ones.
To accomplish that, we will investigate all possible avenues (medical records, bills, licenses, inspection reports, etc.). We will also ensure that evidence is preserved (photos, billing records, hospital reports, etc.). We will then help you understand your options and if appropriate file lawsuits or negotiate settlements for you.
If you or a loved one needs to talk to a Chicago nursing home abuse lawyer or a Chicago nursing home neglect lawyer, click the contact us button below and we’ll see how we can help.