Saturday, July 29th, 2017

Illinois Law On Negligence And Abuse Of Nursing Home

February 20, 2011 by  
Filed under Certified Nursing Assistant

If you or a loved one to believe that ill-treatment or a series of ill-treatment occurred during the nursing home, your concerns may be actionable – meaning can not be justified in a lawsuit – but it depends on the facts and circumstances.

In Illinois, the law protects nursing home residents in long-term care. This means that people in nursing homes and home care facilities are protected against abuse and neglect under this Act. It does not apply to hospitals or community housing (other laws apply to the types of facilities).

There are three main groups of nursing home neglect or abuse – physical, psychological and economic. Physical abuse includes beating, forced ingestion of drugs or food, and even sexual abuse. Account of physical violence is ignored – if residents have not been fed or cared for in basic hygiene.

Emotional abuse includes humiliation or threats, or take away certain freedoms, such as limiting the resident to her bed, when not medically necessary.

Economic exploitation, including excessive pricing, and a bargain. It may also convince a resident to leave the company or a servant of his will.

Depending on the degree and nature of the abuse, the first thing you can do is remove the resident from the facility. Then, before seeking the assistance of a lawyer, you might consider other options to solve the problem as follows:

Family council facility – it’s like a student council, but the families of residents – may be able to help.Your State along Long Term Care Ombudsman may be able to resolve complaints. In Illinois, the Ombudsman for Long Term Care can be found at the Illinois State Department Aging.Your regulatory agency may also be able to resolve complaints. In Illinois, nursing homes are regulated, licensed, inspected and / or certified by several organizations, including the Department of Public Health in Illinois.

If you can not resolve the problem by using one of the above ways or if the problem can be solved, because the death of that person, your next step is to hire a lawyer. It is strongly recommended to hire a lawyer who has extensive experience of abuse of nursing home and the law of negligence. There are several facets to this case – medical experts, jurisdictional issues, etc. – and only an experienced lawyer in the field of abuse and neglect nursing home will be able to represent you properly.

If you’re worried about the cost of hiring a lawyer, you should note that these cases are usually treated on the basis of contingency plans. This means that if you recover nothing, you have nothing to your lawyer. If you can not recover a settlement or other award, your attorney is paid a portion of this amount.

Finally, also note that under the Nursing Home Act, which is protected against retaliation by the facility. This means you can not retaliate against you for the trial or testify against the installation.

Abuse and neglect of nursing homes is a serious problem. Know your rights and where to find help. It is strongly recommended to use an abuse of nursing home negligence and an experienced attorney will take the time to explain your rights and the best course of action. This person will fight for you, get answers and work hard to ensure the correct result.