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What seems to be a simple medical procedure can lead to a tragic end if improperly performed. Many patients and their families tend to shy away from asking a question such as: “Are you certified to perform this procedure?” Some may think this question is offensive to the medical staff. But asking a question such as this can save a life, and with help from a nursing home abuse lawyer, residents affected by a facility’s inadequacy can push for reform.

Recently, in Ogle County, IL, a 46-year-old resident was admitted to a nursing facility for care after having a stroke. The resident was admitted for rehabilitation with a tracheal tube to allow sufficient air to enter the lungs. The young resident experienced one of the possible early complications in which the clogging of the mucus plug blocks the tube. As the oxygen level went down from insufficient air to the resident’s lungs, the Director of Nursing went in and replaced the tracheal tube. When performing the procedure, the DON improperly inserted the obturator (a small piece of plastic that allows for the tube to go back in), which led to suffocation. A trained person should be the only one to perform a procedure such as this. In cases like these, nursing home abuse lawyers are available to enable residents to receive the compensation they deserve.


Unfortunately, the Director of Nursing was not trained to perform this procedure. Due to the facility’s negligence to provide emergency care policies that include what to do in such an event, the resident of the home suffered from an anoxic brain injury and soon after died.

When in a life threatening situation, it can be overwhelming to ask the medical staff questions about what they are doing and who is certified. Associate Attorney, Michael J. Eisenberg stated, “Ask someone in your nursing home if they have someone on staff who is properly trained.” Most may question why a person who is not trained would ever perform such a task. The answer is that nursing homes are more likely to come into an incident such as this when they are either short-staffed or understaffed. Nursing home abuse attorneys help ensure that harmed residents receive the attention they need and avoid future instances of negligence and other issues.

If you or a loved one were injured by a facility member that was not qualified to perform a procedure, call our experienced team of nursing home lawyers today. You and your family deserve to know your legal rights. For a free consultation and advice, call Malman Law, at (312) 629-0099 or visit Malman Law is located at 205 W. Randolph Street, Suite 610, Chicago, IL 60606. 

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

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