At Malman Law, we provide full-service and aggressive legal representation for victims of life-threatening injuries resulting from nursing home negligence and abuse. Our attorneys and staff members are passionate about helping elderly victims protect their legal rights. Thanks to this passion and decades of legal experience, we have successfully recovered over $200 million in compensation for victims throughout the Chicagoland area.
This is a common question, and, unfortunately, one that often prevents victims from seeking compensation for their injuries. Unsure of exactly what happened, many elderly nursing home residents and their family members simply assume that this lack of certainty means that they will not be able to recover for their medical bills, pain, suffering, and other losses. Do not make this mistake.
The only way to conclusively determine the cause of an injury is to conduct a thorough investigation. Unless you are a doctor specializing in the specific type of injury you or your loved one suffered, you cannot possibly be expected to know whether the injury was caused by inadequate, inattentive, or inappropriate care. The nursing home certainly isn’t going to help you, so to find out what happened, you need someone on your side.
Malman Law employs a nurse with over 30 years of experience working in nursing homes throughout the Chicagoland area. We also work closely with trusted physicians, investigators, adjusters, and other professionals who can quickly determine whether nursing home injury victims have claims for financial compensation. To find out if you have a claim, all you have to do is click or pick up the phone. Our team of attorneys and experts will do the rest and – if it turns out that you have a claim – will fight tirelessly to ensure that you receive the compensation you deserve.
The reality is that almost any injury suffered in a nursing home has the potential to give rise to a claim for financial compensation. While the viability of a legal claim will ultimately depend on the facts of each individual case, due to the responsibilities held by nursing homes, the vast majority of injuries have the potential to be linked to negligent or abusive care.
For example, some of the most common types of nursing home injuries – all of which are frequently associated with nursing home negligence or abuse – include:
From failing to check in regularly to administering improper doses of prescription medications, there are numerous ways in which negligent and inattentive care can lead to life-threatening injuries. Furthermore, even if you have a pre-existing condition or do something on your own that also plays a role in your injury, under Illinois law you may still be able to seek compensation for the damages caused by your nursing home’s negligence.
Residents of facilities that participate in the Medicare program enjoy the following federal rights:
Most of these rights also apply under state law, even for nursing homes that do not participate in the Medicare program.
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.
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.