Illinois Law on Nursing Home Neglect or Abuse
by Michael Helfand
(Illinois)
If you or a loved one believe that a mistreatment or series of mistreatments have occurred while at a nursing home, your concerns may be actionable – meaning there may be grounds for a lawsuit – but it depends on the facts and circumstances.
In Illinois, the Nursing Home Care Act protects residents of long-term care facilities. This means people in nursing homes and shelter care facilities are protected from abuse and neglect under this law. It does not apply to hospitals or community living facilities (other laws would be applicable at those types of facilities).
There are three major categories of nursing home neglect or abuse - physical, mental and financial.
Physical abuse includes beating, forced ingestion of medication or food and even sexual abuse. Also considered physical abuse is neglect – where the resident is not fed or assisted with basic hygiene.
Mental abuse includes humiliation or threats or taking away certain freedoms, such as confining the resident to his or her bed when it is not medically necessary.
Financial abuse includes overcharging and stealing. It can also include convincing the resident to leave the facility or a specific staff member in his or her will.
Depending on the degree and nature of the abuse, the first thing you might want to do is remove the resident from the facility. Next, before seeking the assistance of a lawyer, you might want to consider other avenues for resolving the issue, such as the following:
- The facility’s family council - this is like a student council but for residents’ families – may be able to help.
- Your state’s long term care ombudsman may be able to resolve complaints. In Illinois, the long term care ombudsman can be found at the Illinois Department of Aging.
- Your state’s regulatory agency may also be able to resolve complaints.
In Illinois, nursing homes are regulated, licensed, inspected and/or certified by several agencies, including the Illinois Department of Public Health.
If you cannot resolve the issue through one of the means above or if the issue is not able to be resolved because, for example, the resident has died, your next step may be to hire an attorney. It is strongly recommended that you hire an attorney who has extensive experience in nursing home abuse and neglect law.
There are several facets to bringing such a case – medical experts, jurisdictional issues, etc – and only an experienced lawyer in the area of nursing home abuse and neglect will be able to represent you properly.
If you are concerned about the cost of hiring an attorney, note that these cases are typically handled on a contingency basis. This means if you recover nothing, you owe nothing to your attorney. If you do recover a settlement or other award, your attorney is paid a portion of that amount.
Lastly, also note that under the Nursing Home Care Act, you are protected from retaliation by the facility. This means they cannot retaliate against you for bringing the lawsuit or for testifying against the facility.
Nursing home abuse and neglect is a serious issue. You must know your rights and where to find help. It is strongly recommended that you hire an experienced nursing home abuse and neglect lawyer who will take the time to explain your rights and the best course of action. Such a person will fight for you, get answers and work hard to ensure the right outcome.
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To learn more visit
http://www.findgreatlawyers.com/NursingHomeMalpractice.htm
Michael Helfand has been an Illinois attorney since 1997 and is founder of FindGreatLawyers.com the leading resource for Illinois lawyer referrals and legal guidance.
