As the American population ages, more and more senior citizens are living in nursing homes in Illinois and throughout the country. While 13 percent of the population was age 65 or older in 2010, by 2050 this number is expected to rise to 20 percent, and the number of Americans age 85 or older is expected to more than triple over this same time period.
So, what does this mean for life in nursing homes? While we can’t say for sure, what we do know is that many Illinois nursing homes are already understaffed, and many nursing home residents already are not receiving safe and compassionate care. Hence, as more senior citizens transition into nursing homes, won’t the situation just get worse? Unfortunately, only time will tell.
In some respects, it is hard to imagine how things could get much worse. Studies already suggest that a third of all nursing homes are cited for federal safety violations every two years, with one in 10 homes being cited for violations that resulted in serious injury or jeopardy of death. Ten percent of all nursing home residents report being abused in the prior year (44 percent overall), and 95 percent report either experiencing or witnessing nursing home neglect.
All of this is to say that, if you or your loved one experiences wrongful or inappropriate care in a nursing home:
In nursing homes, there are two primary forms of wrongful and inappropriate care: negligence and abuse.
Negligence refers to caregivers and administrators’ failure to meet the standard of care that all nursing homes in Illinois owe to their patients. For example, nursing homes are responsible for ensuring that their residents receive their medications on time. So, if a nurse confuses patients or mixes up pill bottles, and a resident doesn’t get the medication he or she needs, this would be considered negligence.
On the other hand, abuse involves intentionally causing physical, psychological, or emotional harm to a resident. While this sounds unthinkable to most of us, as noted above, it happens with alarming frequency. Some common examples of nursing home abuse include withholding food and medication from residents, verbal belittling, and sexual harassment.
In addition to general forms of negligence and abuse, nursing homes are also required to attend to their residents’ individualized needs. For example, if a patient requires a special diet or is immobile and needs frequent repositioning, the nursing home’s failure to meet these needs constitutes wrongful and inappropriate care.
Victims of wrongful care in nursing homes often suffer from serious illnesses and injuries. While it can be difficult to know for certain whether a medical condition is the result of negligence or abuse, there are some tell-tale signs that residents and their families can watch for. However, if you even suspect wrongful care, we urge you to speak with one of our attorneys right away.
In the worst cases, wrongful care in nursing homes results in death. While reliable numbers are hard to come by, it is widely acknowledged that thousands of nursing home residents die every year from illnesses and injuries that could have been avoided with appropriate care.
Bedsores, malnutrition, sepsis, choking, and other treatable conditions can all be fatal without adequate attention. If you have suddenly or unexpectedly lost a loved one who was living in a nursing home, our attorneys can help you find out what happened and pursue just compensation on your behalf.
Nursing homes have to be held accountable for providing wrongful or inappropriate care. At Malman Law, we consider this our duty and have the track record to prove it, having helped thousands of clients recover millions of dollars in compensation for nursing home negligence and abuse.
To find out more about your legal rights, we invite you to schedule a free consultation today.
Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at http://www.aiopia.org/selection/.
Steven Malman was selected to the list. The list is issued by the Million Dollar Advocates Forum. A description of the selection methodology can be found at https://www.milliondollaradvocates.com/Membership-Application-&-Qualification-Procedure.
Steven Malman was selected to the list. The list is issued by Newsweek.com. A description of the selection methodology can be found at https://www.newsweek.com/insights/legal-superstars-2015.
Steven Malman was selected to the list. The list is issued by Best Attorneys of America. A description of the selection methodology can be found at https://www.bestattorneysofamerica.com/membership/the-selection-process/.
Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at http://www.naopia.com/selection-process.
Steven Malman was selected to the list. The list is issued by America’s Top 100, LLC. A description of the selection methodology can be found at https://www.americastop100attorneys.com/selection-methodology/.
Steven Malman was selected to the list. The list is issued by Lawyers of Distinction. A description of the selection methodology can be found at https://www.lawyersofdistinction.com/how-to-become-a-member/.
Steven Malman was selected to the list for 2018-2019.
Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.
Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.
Top Attorneys Diamond Member
Top Attorneys of North America 2019-2020
The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.
As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.
"I'm very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I've been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion! "
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