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Our lawyers and professional staff are passionate about helping families of wrongful death victims hold nursing homes accountable for their actions. When we take a case, we do whatever it takes to help family members obtain maximum compensation for their loss. If you have lost a loved one and believe that negligent or abusive treatment may be to blame, please contact us so that we can take the nursing home to task and win the compensation you deserve.
Studies have found that 20 to 25 percent of all deaths in the United States occur in nursing homes. While many of these deaths are purely attributable to old age and natural causes, a significant portion are attributable to improper and inattentive care. The Centers for Disease Control and Prevention (CDC) identified Alzheimer’s disease, cancer, and chronic lower respiratory disease as the leading causes of death among all individuals age 65 and over. However, in nursing facilities, elderly residents often die prematurely from causes such as:
Oftentimes, residents suffer these conditions as a direct result of receiving inadequate or improper care. Whether resulting from a single event (such as a fall) or deficient care over an extended period of time (as with life-threatening bedsores), negligence on the part of nursing home staff members can easily lead to fatal medical conditions that – with proper care – should have easily been avoided.
In addition, even when the above conditions are not fatal, they often place elderly nursing home residents at a severely increased risk for contracting other life-threatening conditions and diseases. For example, malnutrition, severe injuries, and serious illnesses can all leave elderly individuals in a weakened physical and emotional state. This often leaves them susceptible to falling, being unable to fight off illnesses and infections, and ultimately losing the fight against otherwise treatable conditions.
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Your consultation is free and confidential, and our zero fee guarantee means that you don’t pay anything unless we secure compensation for your losses.
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.