Chicago Assisted living residents Attorney

Reliable Chicago Assisted Living Injury Lawyer

Assisted living residents deserve a safe living environment, and they are entitled to one under the law.

Sadly, injuries are all too common in these facilities throughout Chicagoland and all of Illinois. At Malman Law, we have worked with countless residents during the last twenty years, and we have seen first-hand the astounding instances of carelessness, abuse, and neglect that occur with some frequency in even the most highly regarded Illinois assisted living facilities.

As a matter of fact, the facilities in Illinois are governed by the “Assisted Living and Shared Housing Act”. This law places specific obligations and limitations on their operation.

These accidents almost always happen because of the facilities’ negligence. There is no excuse for that. The law demands care and responsibility on the part of these facilities and the professionals they employ. Our law firm will hold them to that standard.

Contact our legal team as soon as possible

If you or your family member has suffered injury or death in a facility in Illinois, our Chicago assisted living injury lawyers can help.

Common Injuries In Assisted Living Facilities

Because of the wide range of medical conditions that lead elderly Americans to assisted or skilled nursing facilities, we’ve seen a number of unusual and rare injuries arise among their residents over the years.

There are, however, specific injuries that stand out as especially common. These include:

  • Falls
  • Spinal cord damage Traumatic brain injuries Nursing home-acquired infections
  • Fractured or broken bones
  • Malnutrition
  • Bedsores
  • Clogged breathing tubes
  • Hip injuries
  • Medication errors
  • Physical, sexual, and emotional abuse Bruising and laceration Back injuries
  • Concussion Infections Death

Assisted Living and Skilled Nursing Facilities Are Responsible For Accidents Too.

That’s because these institutions accept a very serious responsibility when they open their doors to Chicago’s sick and elderly, and the law expects them to do everything they can to keep those people healthy and secure.

Any instance of carelessness, irresponsibility, or inaction — as well as any pharmaceutical or medical mistake — may subject the facility and its professionals to substantial financial liability.

Many of the injuries sustained in these facilities look like accidents at first glance. Please know, though, that even when no one intended for an accident to happen, the facilities and their employees are often legally liable for the damages.

In Illinois, assisted living facilities have a duty to monitor for dangerous conditions that might lead to an injury. They must also quickly and adequately respond to hazards or signs of distress as they arise.

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Know Your Rights!

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Frequently Asked Questions (FAQs)

What are the federal rights of a nursing home resident?

Residents of facilities that participate in the Medicare program enjoy the following federal rights:

  • Freedom from verbal, sexual, physical, and mental abuse.
  • Freedom from physical or chemical restraints, except restraints imposed for medical reasons or to insure the safety of the patient or others. Restraints imposed for reasons of discipline or convenience are illegal and are considered abuse.
  • The right to be treated with dignity and respect.
  • The right to manage your own finances or to appoint someone else to do so.
  • The right to privacy as long as it doesn’t interfere with the health, safety, or rights of others.
  • The right to use one’s personal belongings as long as it doesn’t interfere with the health, safety, or rights of others.
  • The right to information about your medical condition and any treatments.
  • The right to refuse treatment (as long as you have the mental capacity to understand the nature and consequences of such a refusal).
  • The right to use your own doctor.
  • The right to set your own daily schedule.
  • The right to as much independence as your medical condition allows you.
  • The right to a safe and comfortable environment.

Most of these rights also apply under state law, even for nursing homes that do not participate in the Medicare program.

Can I sue the nursing home even if my loved one has no written contract with them?

Yes, you can, because human rights don’t need contractual support. If you were hit by a car, for example, you wouldn’t have to prove that you had a contract with the driver not to hit you in order to win a lawsuit against him or her – you could sue under general tort law principles, just as you can in cases of abuse and neglect in a nursing facility.

The Illinois Nursing Home Care Act defines the rights under state law that your loved one enjoys with or without a contractual arrangement with the nursing home. Federal regulations also apply if the institution participates in the Medicare program. Proving that the facility violated an applicable regulation will go a long way toward establishing their liability for compensatory damages. In cases of outrageous conduct, you might even be able to collect punitive damages against the nursing home. Of course, if there is a contract, a contract claim could be added to other claims arising from the abuse or neglect.

Where do I file a complaint against nursing home abuse or neglect?

The Illinois Department of Public Health (IDPH) is the state agency responsible for enforcing the law in favor of the more than 100,000 nursing home residents residing in over 1,200 facilities in Illinois. The IDPH licenses these facilities, conducts inspections at least annually, and cooperates with the U.S. Centers for Medicare and Medicaid Services for eligibility to participate in federal payment reimbursement programs.

The IDPH maintains a Nursing Home Hotline (800-252-4343) for complaints. Upon receiving a complaint of abuse or neglect, the IDPH’s Bureau of Long Term Care may launch an investigation. Although it does not participate in lawsuits, it can sanction or even close down homes that violate the Illinois Nursing Home Care Act or federal regulations. The results of its investigation can be used as evidence in a civil lawsuit against a home or an employee.

My loved one lives in an assisted living facility in Chicago. Can the facility be held liable for an accident?

These facilities in Chicago are governed by the Assisted Living and Shared Housing Act. There are specific obligations and limitations on how the facility should be ran and maintained. This is important because when our loved ones are in a facility in Chicago, we want them to be safe and well cared for. With that being said, it’s unfortunate when accidents happen. It’s also unfortunate because many injuries sustained by residents of a facility look as if they are caused by an accident.

However, as stated earlier, assisted living facilities must meet certain standards. This means that even accidents may mean that the facility and specific employees involved may be legally liable. This is because facilities in Chicago have accepted a serious responsibility when they decided to open their doors to take care of others. If there is any instance of carelessness, irresponsibility, or inaction, the facility and employees may be responsible.

If your loved one is a resident in an assisted living facility in Chicago and was involved in an accident, you should contact Malman Law for a free case evaluation. Our team is passionate about protecting residents. Our evaluation team includes a Registered Nurse with more than 30 years of experience. Call or contact us to schedule your free consultation.

What are the common types of abuse that occur in assisted living facilities?

When our loved ones become residents of an assisted nursing facility, we want nothing but the best for them. Yet, often when our loved ones are being abused, they may be hesitant to tell you what’s going on. The most common forms of abuse that occurs in assisted living facilities include:

  • Physical abuse. If you notice bruises, cuts, broken bones, or other marks on your loved one, you should watch for signs of physical abuse. You may also hear rumors from other residents or their family members. Physical abuse includes the use of excessive restraints and stopping the resident from eating or drinking.
  • Sexual abuse. Sexual abuse is defined as non-consensual sexual contact with an assisted living resident. Sexual harassment is another common form of abuse. Both may be caused by other residents or employees.
  • Mental abuse. This can include harassment, bullying, degradation, and other forms of verbal abuse. The silent treatment or treating a resident as a child because an employee doesn’t like the choices that a resident makes may also be considered mental abuse.
  • Neglect. Neglect can include many things such as malnutrition, dehydration, bedsores, and poor living conditions for the residents.

If you believe that your loved one is being abused in a Chicago assisted living facility, contact Malman Law right away. We provide free initial consultations. Malman Law cares about the well-being of assisted living facilities. We have an RN on staff to help our attorneys evaluate these cases. Call to schedule your free initial consultation.

What are the signs of abuse in assisted living facilities?

Unfortunately, abuse happens more often than we’d all like to think. Over the last 25 years, we’ve witnessed some of the horrors associated with assisted living facilities. Abuse can happen even in the most respected Chicago facilities. Often, loved ones are ashamed of what’s happened to them and they may not want to step forward to tell you what’s going on. In some cases, residents never get the chance to tell someone what’s happening to them because they die from their injuries. This is why it is important for you to be able to recognize signs of abuse in assisted living facilities.

These signs include:

  • Excessive medicating.
  • Excessive use of restraints.
  • Depression.
  • Anxiety.
  • A change in social behavior.
  • Your loved one appears poorly kempt or their living conditions are unsanitary.
  • Your loved one seems fearful or intimidated.
  • Unexplained weight loss.
  • Quick deterioration of physical or mental health.
  • Bedsores.
  • Unexplained injuries.

f you suspect that your loved one is being abused in an assisted living facility, they are depending on you to help. In some instances, filing a complaint with the facility may stop it. However, residents who are abused should be protected and compensated for their suffering. After reporting the incident, you should get medical or psychiatric care for your loved one and then contact Malman Law to have the potential case evaluated. Call us right away to schedule your free consultation.