Helping victims of nursing home abuse and negligence
Malman Law is a Chicago personal injury law firm dedicated to helping victims of nursing home negligence and abuse fight for just compensation. One of the most common – and most dangerous – results of inattentive nursing home care is sepsis. If you or a loved one has contracted sepsis in a nursing home, our lawyers will fight to win the compensation you deserve.
Sepsis is a serious medical condition that results from a person’s immune response to an infection. When the body tries to fight an infection, it releases immune chemicals into the bloodstream. In sepsis patients, this response triggers widespread inflammation, which can then lead to blood clots, impaired blood flow, and organ damage. In severe cases, organs such as the kidneys, liver, and lungs can fail, leading to septic shock and, ultimately, death.
Anyone can suffer from sepsis. However, it is most common among people with weakened immune systems, including individuals age 65 and older. Diseases such as diabetes, cancer, kidney disease, and liver disease can also put elderly patients at increased risk for contracting sepsis.
Sepsis is a serious concern for individuals living in nursing homes. Not only do nursing home residents have to worry about their medical condition contributing to an increased risk of sepsis, sadly, they also have to worry about nursing home negligence further increasing the risk as well. The inattentive care that pervades many nursing homes throughout Illinois often leaves residents – who come to these nursing homes for help – with conditions that can bring on sepsis and with little to no expert supervision when problems occur.
Fighting sepsis requires prompt, professional medical attention. Unfortunately, the reality is that many nursing homes are ill-equipped to diagnose and treat patients facing septic shock. This fact, coupled with the risk for other forms of negligent treatment in nursing homes, means that residents face some of the greatest risks for serious and fatal instances of sepsis nationwide.
If you or a loved one is showing signs of sepsis, you should seek emergency medical attention. Sepsis can worsen quickly and lead to life-altering, and potentially fatal, consequences. The symptoms and warning signs of sepsis include:
Since these symptoms are common among many medical conditions, particularly among the elderly, sepsis can sometimes be difficult to diagnose. However, nursing home staff should be trained to spot sepsis, and nursing home residents suffering from viral or bacterial infections should be monitored closely for signs of sepsis.
If you or a loved one has suffered from sepsis in a nursing home, you may be entitled to significant financial compensation. The attorneys at Malman Law have decades of experience helping victims of nursing home negligence and abuse recover millions of dollars for their medical bills, pain and suffering, and other losses. Numerous forms of negligent care can lead or contribute to sepsis, including:
If you are concerned about the care that you or a loved one is receiving in a nursing home, Malman Law’s experienced Chicago sepsis attorneys, professional staff, and on-site nurse can help you evaluate your options and protect your legal rights.
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.