Chicago Nursing Home Emotional Trauma Attorney

 

Compassionate Chicago Emotional Trauma in Nursing Homes Attorneys

This can lead to a dangerous cycle, where conditions such as anxiety and depression make residents more susceptible to physical ailments, which can in turn worsen their mental and emotional states. For nursing home residents suffering from Alzheimer’s disease and other forms of dementia, the risk of emotional trauma from mistreatment and inadequate care is even higher.

If you or an elderly family member living in a nursing home has experienced emotional trauma – or even if you think this might be the case – we encourage you to contact us for a free, no-obligation consultation. Our attorneys have helped thousands of clients in the Chicagoland area and throughout Illinois, and we can make sure that you or your loved one receives the care, compassion, and compensation that you deserve.

Elderly nursing home residents who are subjected to negligent and abusive treatment often suffer from emotional trauma.

The Facts about Anxiety and Depression in Nursing Homes

Anxiety, depression, and other psychological conditions associated with emotional trauma appear in nursing homes at alarming rates.

  • According to a study reported by the Centers for Disease Control and Prevention (CDC), 49 percent of all nursing home residents suffer from depression. When you consider that this is at least double the rate among elderly individuals living in residential care communities and hospices, it is clear that there is something wrong.
  • The American Psychological Association (APA) reports that 11 percent of older adults suffer from anxiety. However, it also reports that averaging the rates among all living situations, depression rates among the elderly are just 15 to 20 percent.

When you consider that the depression rate in nursing homes could be more than triple the national average,
it is likely that anxiety rates among nursing home residents are significantly higher as well.

We count with experienced professionals

At Malman Law, we employ a full-time Registered Nurse (RN) who has more than 30 years of experience working with elderly patients in nursing homes. Our RN plays a critical role in each nursing home case we handle, helping ensure that our clients’ conditions are fully understood. With our no-fee guarantee, this additional service comes at no cost to you.

All of this means that nursing home residents who experience emotional trauma…

All of this means that nursing home residents who experience emotional trauma as a result of negligent or abusive care need help, and the sooner the better. Depression and anxiety can be treated, and the first step is seeking a diagnosis. Since the symptoms of anxiety and depression are often overlooked, when you seek help for yourself or your loved one, you should explain to the doctor what happened and why you are concerned about these conditions.

Seeking Compensation for Treatment and Other Losses

If your – or a your loved one’s – condition is the result of emotional trauma suffered in a nursing home, at Malman Law, we can help you seek compensation to cover your medical bills, prescription costs, and other losses. This can even include financial compensation for pain and suffering, emotional distress, and loss of enjoyment of life. Our attorneys have decades of experience and have recovered millions of dollars from nursing homes.

You or your elderly family member may be entitled to compensation for anxiety, depression, and other psychological conditions resulting from things like:

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Chicago, IL 60606

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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.