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According to a recent report published by ProPublica and “Frontline,” many nursing facilities are far from providing adequate care for their residents. Various states have been found to contain facilities with lackluster regulations and standards for hiring both administrators and caregivers. As a result, nursing home residents are suffering and have even died from abuse and negligence. Thankfully, elder care attorneys are available to represent victims and their families.

Regulations Allowing for Negligence

In the “Frontline” assisted living report, it is mentioned that Ohio state laws don’t require nursing administrators to report questionable resident deaths to the Department of Health, meaning that many deaths remain uninvestigated and dismissed regardless of the circumstances surrounding them.

Other states were found to allow for inadequate care of residents, including Minnesota, where nursing home administrators aren’t required to have a high school diploma. In Illinois, caregivers as young as 16 are considered qualified, and licensed nurses aren’t mandatory for facilities in many states at all. Six states, including South Carolina, don’t require any regular inspections.

California was examined the most of any other state in the report, as facilities in the state were found to receive little punishment for improper care resulting in resident deaths. In several instances involving questionable deaths, assisted living companies were only fined up to $150.

Insufficient regulations such as these show that the assisted living industry is not giving the elderly access to proper nursing home care.

Making a Change

Elder care lawyers, along with Medicare, are taking measures to ensure that residents receive the care they need. Medicare performs health inspections on every nursing facility in the country, and their recent inspection results are viewable for everyone on the Medicare website. If residents or their families suspect abuse or negligence has caused harm, they can build a case with an elder care attorney to end the suffering and help reform the facility’s care practices.

While the “Frontline” report reveals that the assisted living industry is lacking in many areas, there are many parties attempting to correct the mistakes made in nursing home regulation.

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 http://www.aiopia.org/selection/.

  • 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 http://www.naopia.com/selection-process.

  • 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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