Chicago Nursing Home Abuse And Negligence Lawyer
The Law Offices of Steven J. Malman & Associates, P.C. have experience and skilled nursing home abuse and negligence lawyers in Chicago, Illinois.
At our law firm, nursing home abuse and neglect cases grown out to be some of the most despicable matters we handle. The nursing home abuse occurs when a concierge intentionally cause pain, harm, brain injury and suffering. It includes physical abuse – slapping, hitting, shoving, force feeding etc., sexual abuse – sexual assault, inappropriate touching or any non-bodily sexual activity and even emotional abuse – threatening, scolding, ignoring, humiliating etc. There are quite a few signs of nursing home abuse such as bruises, sprains, burns, fractured bones, sudden changes in behavior and more.
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On the other hand even the rate of nursing home negligence cases is increasing day by day. Our nursing home neglect attorneys will always stand for victims who had been hurt from negligence of nursing homes caretakers. Nursing home negligence occurs when the care taker is not fulfilling his/her duty to a resident. It includes physical neglect (deprived bathing methods, lack of toileting and wrong body positioning), medical neglect (lack of medical care, poor access to medical aid and more) and proper assisting (Lack of assistance to the resident in eating, drinking, avoiding cries for help and more). Our highly skilled personal injury lawyers provide right justice and fair treatment for your nursing home abuse and negligence.
If you’re loved one has been a victim of nursing home abuse or neglect in Chicago, Illinois. Do not hesitate, contact us immediately dial 1-(888) 625-6265 or fill out our free online consultation. Request a Free Nursing Home Neglect Case Evaluation.
Frequently Asked Questions (FAQs)
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 nursing home abuse and neglect.
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 nursing home 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 nursing home abuse or neglect.
What are the most common legal theories used to combat nursing home abuse or neglect?
The most common legal theories used to file lawsuits against nursing homes include:
- Negligent supervision and care (resulting in bedsores, for example)
- Negligent hiring and retention of staff
- Negligent maintenance of facilities
- Negligent maintenance of equipment
- Assault and battery
- Contractual violations
These are very broad categories that may overlap. If your loved one falls and breaks a hip, for example, this injury might be actionable as negligent supervision and care, negligent maintenance of facilities (slippery floors), or both.
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 nursing home law in favor of the more than 100,000 nursing home residents residing in over 1,200 facilities in Illinois. The IDPH licenses nursing homes, conducts inspections at least annually, and cooperates with the U.S. Centers for Medicare and Medicaid Services for nursing home 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 nursing 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 nursing home or a nursing home employee.
What are the federal rights of a nursing home resident?
Residents of nursing homes 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.
What are my options if I suspect abuse?
There are three main legal avenues you can pursue in cases of suspected nursing home abuse or neglect – (i) filing an administrative complaint with the IDPH, (ii) filing a civil lawsuit, and (iii) filing a complaint with the local prosecutor seeking criminal charges. You do not have to choose one or the other – you can pursue all three avenues at the same time. Family members of an abused or neglected nursing home resident can file a lawsuit on behalf of the victim.