Denying Nursing Home Residents Medical Care

Monday, July 27, 2020

Denying Nursing Home Residents Medical Care

Written by Malman Law, reviewed by Steve J. Malman.

Nursing home residents have legal rights given to them by federal and state governments. One of these rights is the right to appropriate and adequate medical care. If residents do not receive medical care that is needed, facilities could be held liable for the damages that they cause.

The National Center on Elder Abuse (NCEA) reveals that seven percent of formal complaints from nursing home residents alleged gross neglect or abuse. However, researchers are also extremely doubtful that all neglect and abuse cases are reported. When society hears about abuse and neglect in nursing homes, they often think of physical, sexual, or even financial abuse, or perhaps even not providing the day-to-day care that residents need. Even though the media doesn’t report it as much, denying nursing home residents the medical care that they need and deserve constitutes abuse and neglect as well. If you are suspicious that a loved one is not receiving proper medical care in a nursing facility, now is the time to act by calling compassionate nursing home abuse lawyers.

Nursing Home Residents Have the Right to Medical Care

Under both federal and state law, Illinois nursing home residents have many rights. One of them is to receive adequate and appropriate medical care. Medical care includes but is not limited to:

  • Nursing
  • Emergency care
  • Rehabilitation therapies
  • Social work
  • Dental 
  • Other professional services for which the resident has been assessed to show need

Failure to provide adequate medical care can result in harm, and it can cause severe physical and emotional problems for aging nursing home residents. Their medical needs are often more urgent and potentially more severe than those of younger populations. If your loved one is denied medical care or their physical complaints go ignored, nursing home abuse attorneys are available to help.

Who Can Order Medical Care?

Nurses or aides can provide some medical care and therapies without a doctor’s order or with standing doctor’s orders. This includes steps like applying antibiotic ointment and an appropriate bandage to a minor wound or using padded protection to prevent bedsores. 

For more severe issues such as a fall, symptoms of an infection, chest pain, or complaints of other abnormal symptoms warrant a call to a licensed physician. In fact, it is the duty of the nursing staff to call the physician when the need arises. If that physician orders specific tests, treatments, or medications, the nursing staff must provide it according to the others unless they believe it to be unsafe or the resident refuses the care.  

No matter who failed to get or give a nursing home resident medical attention when they needed or requested it, your nursing home abuse lawyers can hold them accountable for the damages suffered.

Get Help from Experienced Nursing Home Abuse Lawyers

Nursing homes are busy places, and employees are often overworked. However, this is no excuse for a nursing home resident not to receive the medical care that they have a legal and ethical right to. It is crucial that you speak to an attorney if you know or suspect your loved one was denied medical attention. Book your free no-obligation legal evaluation with the experienced nursing home abuse attorneys at Malman Law today by calling (312) 629-0099 or using our online contact form.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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