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We are passionate about fighting for our clients, and if you or a loved one has suffered an unexplained injury or illness in a nursing home, we want to help you stand up for yourself and enforce your legal rights.
Our nursing neglect attorneys will always stand for victims who had been hurt from negligence of caretakers. 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 abuse and negligence.
Bedsores are preventable injuries that can lead to serious, and sometimes fatal, complications. Unfortunately, many nursing home employees are not properly trained to prevent, identify, and provide treatment for these dangerous conditions.
Nursing homes owe a duty to ensure that their premises are safe, and to provide adequate supervision for their residents. Unfortunately, they often fail to meet these obligations. Falls and fractures are often grounds for seeking financial compensation.
Malnourishment is a dangerous health condition that can also put nursing home residents at greater risk for other illnesses and injuries. With proper care and supervision, residents should not suffer from malnutrition.
If your loved one died in a nursing home and you suspect fault on the part of the home’s staff or administrators, it is important that you speak with an attorney as soon as possible. At Malman Law, we have experience pursuing wrongful death claims, and we can make sure your family receives the compensation it deserves.
Any form of wrongful or inappropriate care that leads to illness or injury may be grounds for filing a lawsuit against a nursing home. Sometimes, this is your only option for getting the home’s attention and recovering the money you need to pay your bills and make up for your other losses.
Medication errors such as overdose, underdose, and confusing medications can lead to life-threatening situations. If you or a loved one has suffered as a result of a medication error in a nursing home, contact Malman Law now to discuss your claim for financial compensation.
Nearly half of all nursing home residents report being abused, and 95 percent report experiencing or witnessing neglect. Victims of serious, life-threatening injuries that are the result of neglect or abuse deserve to be compensated for their losses.
The elderly are more susceptible to sepsis than the general population, and conditions such as diabetes, cancer, and kidney disease can put nursing home residents at increased risk for this dangerous condition. Fighting sepsis requires prompt attention from knowledgeable caregivers.
Inadequate supervision is one of the main reasons that nursing home residents suffer from choking incidents. With appropriate care, dangerous choking situations can – and should – be avoided.
From surgical recovery to conditions such as bronchitis, pneumonia, and ALS, there are a number of different reasons why elderly individuals may need to be intubated while under nursing care. Nursing homes owe a duty to make sure that their residents do not suffer due to clogged breathing tubes.
Use of unreasonable restraints is among the most common forms of abuse in Illinois. The circumstances under which nursing home residents can be restrained are extremely limited, and those who are unlawfully restrained often suffer from traumatic physical and emotional injuries.
Nursing home residents who are victims of verbal belittling often suffer severe emotional and psychological trauma. No one deserves to be belittled, and facilities that abuse their residents need to be held accountable for their actions.
Victims of sexual harassment are often hesitant to come forward. They may be uncomfortable talking about what happened, or, in some cases, they may be unsure of whether they have been abused. If you suspect sexual harassment in a nursing home, you need to take action right away.
Financial exploitation is by far the most common form of elder abuse. Theft, undue influence, and forgery are all common methods for nursing home staff members to illegally take advantage of ailing residents.
Residents experience emotional trauma at disproportionately high rates. If you or a loved one is suffering from depression or anxiety in a nursing home, it is important that you seek both medical attention and experienced legal representation.
One of the very serious problems in nursing homes today is the lack of staff members to care for the residents. While there are laws in place that requires adequate staffing, many facilities try to cut corners by not hiring enough caretakers for their residents. This results in lack of care and many elderly people suffer due to inadequate staffing. At Malman Law, we take this problem very seriously.
For the elderly, even simple mistakes in their care can lead to life-threatening consequences. Staff administration failures such as failure to provide adequate food, water, or medications – and even errors as simple as failing to fix a bed rail – can all be grounds for victims and their families to seek just compensation.
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Nursing home neglect and abuse in Chicago is a real concern. Residents who are recipients of that sort of behavior often suffer emotional and psychological distress. When this deplorable behavior occurs, you may have a cause of action for a nursing home abuse lawsuit. Keep in mind that it’s possible that your loved one may not feel comfortable talking to you about what you overheard or whether it is something that is happening on a regular basis. Warning signs of verbal and emotional abuse in a nursing facility include:
If you believe that your loved one may be a victim of nursing home abuse or neglect in Chicago, call Malman Law to schedule a free consultation. We will provide compassionate and experienced evaluation of the claims.
Nursing home abuse and neglect in Chicago should not be tolerated. Facilities should be a place of safety and rest for our loved ones. It’s important to note that just like in other forms of abuse, your loved one or the caretakers may make excuses on how injuries occurred. Sadly, statistics reveal that 44 percent of residents have been abused at some point. Signs of this abuse or neglect include:
It is also important to keep in mind that sometimes these signs don’t indicate nursing home neglect or abuse, but they are signs of other problems. For instance, dehydration, bedsores, and unexplained weight loss are also symptoms associated with diabetes. However, it is important to look at these signs to determine the type of help that your loved one needs.
If you believe that your loved one is experiencing nursing home neglect or abuse in Chicago, call Malman Law right away to schedule a free initial and confidential consultation.
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 most common legal theories used to file lawsuits against nursing homes include:
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.
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.
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.
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 resident can file a lawsuit on behalf of the victim.
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Bella Feinstein, Jason Kellerman, and Terry Davey, have been instrumental in helping me though many difficult situations. Not only did they work to get my mom a settlement, they have continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
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Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, takes time to listens to his clients and gather facts accordingly.
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My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained next steps and got my case to resolved early. I would highly recommend Malman Law.
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2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim