Special “Ask the Attorney” Feature

Chicago nursing home abuse attorneys are often asked for advice about nursing home care and preventing Illinois nursing home neglect. One primary goal for most caring attorneys is to help educate the families of nursing home residents about their rights, and how to best prevent abuse and neglect.

In the next few posts, our Illinois nursing home neglect attorney will answer questions from our readers.

Question: “My father was told he will stay in a nursing home for a short time when he leaves the hospital to have physical rehabilitation before going home. What questions should I ask the facilities I visit?”

Illinois nursing home negligence lawyer: “This is a very good question. Start by asking the following questions:

• Is the facility Medicare certified?
• Is the facility Medicaid certified? (Also, make sure the facility is in fact licensed as a “skilled nursing facility” so they can offer physical, occupational, or speech language services.

Then, have your social worker at the hospital make sure that the facility is accepting new patients.

Next, find out if the nursing home and its administrator are currently licensed.

Find out if the facility conducts background checks on all of its staff.

When you tour the facility, ask to speak to the physical therapist, and specifically find out what the therapy department does to motivate residents. Medicare has a very specific guideline as to qualifying the residents on a day-to-day basis for reimbursement. That means the resident must participate actively.

Finally, don’t be fooled if the facility is an outstanding, beautiful, gorgeous facility. Look beyond the wallpaper and furniture, and look to the type of care the residents are receiving.”

Chicago nursing home abuse attorneys can offer more advice on selecting a good nursing home facility and following up on care. If you have questions, contact an Illinois nursing home negligence lawyer today.

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As people age, walking often becomes more difficult. Family members of elderly patients often witness an obvious lack of stability in their loved one’s gait. While it is normal for seniors to slow their pace some as they grow older, instability can be a sign of something more serious.  In Illinois, nursing home neglect can show itself in the physical appearance and action of its residents.  Chicago nursing home abuse attorneys warn of potential causes and how to take action.

Depending on the individual situation with Medicare (whether or not your loved one is covered), you should first schedule a visit with a physical therapist.  An evaluation will show whether or not there is a physical condition causing trouble ambulating.  You can check with social services to find out if Medicare will reimburse for physical therapy services.

There are many other factors which could cause unsteadiness when walking.  A previous episode – such as a fall, cardiac incidence or stroke – might cause problems later on.   You should ask about your loved one’s blood pressure (read more about orthostatic hypotension and it’s relation to nursing home falls here).   You should find out if there has been any bowel or bladder incontinence.  Dizziness or dehydration should also be noted. These are all important factors to investigate when evaluating unsteadiness.  You should also find out if any new medications have been prescribed which may cause dizziness or other side effects.

Don’t take this situation lightly. Illinois nursing home negligence lawyers suggest you take your concerns directly to the Director of Nursing at the facility.  In Illinois, nursing home neglect can cause severe if not deadly consequences.

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A common form of Illinois nursing home neglect becomes apparent in extreme weight loss of residents. Many family members are startled to see their loved ones seemingly wither away before their eyes while in long term care. While this may be caused by a variety of reasons, it is sometimes indicative of a less than proper diet.

What can you do?

An Illinois nursing home negligence lawyer recommends you first speak with the dietician of the facility, in addition to the Director of Nursing. From a regulatory standpoint – a patient must have been evaluated physically before being admitted to the facility, and the facility must make every effort to ensure good nutritional health. This, of course, includes well-balanced meals. Do your best to ensure your loved one’s dietary plan meets his or her physician’s recommendations.

Keep in mind there are a variety of causes for weight loss in elderly people other than poor diet. It could be attributed to physical causes related to depression or other illnesses, or even a swallowing disorder. Weight loss may also be due to environmental causes which you should always look for, and ask the Director of Nursing to evaluate with you. This could include inadequate attention from the staff or low staffing ratios (the percentage of staff to patients).

As always, you should plan on attending the care plan conference for your loved one, so you can stay involved in his or her plan of care.

If you believe you or a loved one were the victim of Illinois nursing home neglect or abuse, contact a Chicago nursing home abuse attorney. If you live in Illinois, nursing home negligence lawyers can help you seek justice for abuse, and prevent further harm from occurring.

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In Illinois, nursing home negligence lawyers are dedicated to helping victims of Illinois nursing home neglect. An equal if not greater purpose is that of preventing neglect or abuse before it occurs.  Therefore, Chicago nursing home abuse attorneys work diligently to educate nursing home residents and their families about their rights according to the law.

A great way to keep up to date on the physical and mental well-being of a patient is to regularly review medical records. As a resident of a long term care facility in Illinois, you and your family members have the right to view your medical records at any time. Under the Illinois Nursing Home Care Act, as well as Federal OBRA regulations, a resident is entitled to see his or her records within 24 hours of a request. In addition to providing the records, the facility must provide a quiet and private place for the resident and family to review the records.

Under these guidelines, the facility must (at a reasonable cost) provide a copy of the records to the resident, or to a person designated by the resident in writing.   This copy must be provided within 48 hours of the request.  If a facility denies such a request, our Illinois nursing home negligence lawyer suggests contacting your local ombudsman for assistance.

Help prevent Illinois nursing home neglect by regularly monitoring the care of your loved one. If you believe you or a family member were a victim of abuse or neglect, contact a Chicago nursing home abuse attorney today.

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We learned from our Illinois nursing home negligence lawyer in the last post that federally funded nursing homes must allow Family Councils to operate. Read the post below for more information on the functions of a family council.

There are many benefits to residents and their families because of the family council. One of the primary benefits for family members is the amount of support gained through the council. No one can understand as well as a family member the difficult decision to place a loved one in a facility, and all of the ramifications associated with that decision. By gaining strength in numbers, family members can all work together to prevent Illinois nursing home neglect or abuse from happening to their loved ones.

Another benefit to the family council is the opportunity to bring in guest speakers. Family members are able to receive ongoing education and information on the issues that concern them most. By being informed, and regularly monitoring their loved one’s well-being, family members can help prevent Illinois nursing home neglect.

One of the most crucial functions of a family council is to represent the residents inside the facility who are physically or mentally unable to voice their concerns and needs for themselves. The family council meetings give a wonderful venue for family members to address those concerns. The administration should be given a copy of the minutes of the meeting. By rule, they must act upon the family’s concerns, and issue a report that can then be read at the next family council meeting. In this way, family members can see how their concerns (and their loved one’s concerns) are being addressed.

In and around Chicago, nursing home abuse attorneys are working hard to educate nursing home residents and their families on the benefits of a Family Council, and how best to organize this group. If you are concerned with Illinois nursing home neglect, or want to know more about Family Councils, contact an Illinois nursing home negligence lawyer or your local ombudsmen today.

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In order to help prevent Illinois nursing home neglect, Federal law requires Family Councils be provided for within all long-term care facilities. Resident’s rights and quality of care can both greatly benefit when family and residents join forces for quality improvement. In an around Chicago, nursing home abuse attorneys who advocate for better care are helping families understand the benefits of a family council.

A family council in an Illinois nursing home is a group made up of family and relatives of the facility’s residents. Although each family council is different, a typical council has 5-10 members and meets monthly at the nursing home.

Our Chicago nursing home abuse attorney explains three main functions of an Illinois nursing home family council:

1. To protect and improve the quality of life for residents of the home
2. To give family members a voice in decisions which affect them and their loved ones
3. To further specific goals of each facility, such as offering education and information, planning services and activities for residents, or planning action on concerns or complaints.

The nursing home staff may be involved, but only at the invitation of the council. There are no legal requirements for including staff. Occasionally, councils will choose to include a staff member of the facility as an advisor, but not as a member.

If you have a loved one in a nursing home facility, and are concerned with preventing Illinois nursing home neglect, contact an Illinois nursing home negligence lawyer or your local ombudsmen today. He or she can help you understand how to set up a family council if you do not already have one, or how to organize your council to ensure the greatest quality of care for your loved ones.

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Illinois nursing home neglect often leads to a deterioration in the well-being of its residents. Family members who regularly visit their loved ones will occasionally note a decline in their physical or mental status, and in serious cases, may contact Chicago nursing home abuse attorneys for help.

If you note a significant change in your loved one’s physical or mental status, there are a few important things you should know prior to contacting an Illinois nursing home negligence lawyer. It may be possible for you to prompt better care by following the following guidelines.

First, the facility must document a full assessment of the changes you’ve observed in your loved one’s well-being, and those changes must be noted in his or her chart within fourteen days. The resident’s Care Plan must be updated as well to reflect any significant changes in the resident’s physical or mental health.

Second, you should speak to the Director of Nursing and request a full assessment based on your observations, along with a new care plan conference. You will remember from previous posts that a care plan conference takes place when department heads – from dietary, nursing, rehabilitation services, activities, and social services – meet with the resident and resident’s loved one and discuss the resident’s current medical status and treatment, as well as future plans for care.

Finally, ask the facility to contact your loved one’s physician, and have the physician meet with the resident and you to discuss the patient’s condition so that it may be noted in the care plan.

Illinois nursing home neglect should be completely preventable. By constantly monitoring the physical and mental health of your loved one and taking the proper proactive steps, you may avoid having to contact a Chicago nursing home abuse attorney altogether. And that is in the best interest of everyone.

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When an elderly person has spent time in the hospital due to an injury, sometimes he or she will need nursing home care when released.

A common question in this situation is whether or not Medicare should cover such services. Our Illinois nursing home negligence lawyer explains that normally Medicare will cover this situation if:

1. The patient has been in the hospital for three consecutive midnights, and is
2. Certified by admitting physician that skilled nursing or skilled rehabilitative services are required.

Skilled nursing care is often required when an elderly patient is recovering from injuries such as a stroke or hip fracture, where occupational, physical or speech therapy is needed. In other instances, patients may require IV services or wound care. Medicare will pay for the first 20 days, so long as the patient is showing progress according to his or her care plan.

Chicago nursing home abuse attorneys recommend a family member or loved one meet with the care plan coordinator, attend the care plan conference, and go to rehab sessions when possible to monitor progress.

After 20 days, Medicare will have a physician return to re-certify the patient as one who requires ongoing skilled services. It is important to speak with the admission director and ask for a list of all services covered by Medicare so you can best understand ongoing coverage issues.

For more information on skilled nursing home issues, and to help prevent Illinois nursing home neglect and abuse, contact an Illinois nursing home negligence lawyer today.

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Residents of nursing homes benefit tremendously when visited by family and friends. A caring nursing home recognizes this benefit, and will usually make a great effort to maximize these visits.

By law, Illinois nursing home facilities must provide “reasonable” accommodations to family members and loved ones of residents.  This means they are to provide a reasonable time frame for visitation.  It also means they should make every effort to maintain or increase the socialization of their residents. The facilities that truly care about their patients’ well-being and strive to provide the highest quality of care will often go above and beyond what the law mandates. In many cases, nursing homes will extend visiting hours until 10 o’clock at night, seven days a week.

If you are being denied reasonable visitation hours with a loved one in a nursing home facility in Illinois, nursing home negligence lawyers may be able to help. Regular visits can help prevent Illinois nursing home neglect, since family members can easily monitor the care of their loved one in addition to positively impacting the resident’s well-being.

Chicago nursing home abuse attorneys can help when you are being denied proper visitation rights. They recognize the tremendous benefit to the socialization of residents, and will make every effort to help you ensure their needs are being met.

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Due to an increase in cases of Illinois nursing home neglect, Chicago nursing home abuse attorneys find themselves regularly representing clients who have been harmed while residents of a nursing home facility.

Here are some facts you should know. Illinois has approximately 1,200 long-term care facilities serving more than 100,000 disabled or elderly residents. Unlike other businesses, these nursing homes are not legally obligated to carry liability insurance. See the post below by our Illinois nursing home negligence lawyer to learn more about HB 3445, which would require a minimum of one million dollars in liability coverage for all nursing homes operating in the state of Illinois.

In 2006, The Illinois Department of Public Health took action against approximately 246 facilities determined to be in violation of the Nursing Home Care Act, including recommending decertification of some for violations in relation to patient care.

The Illinois Nursing Home Act specifically grants by law, residents their rights to be free of abuse and to seek judicial relief against those who abuse them, however, if the nursing home itself is without liability insurance, judicial relief is indeed very limited.

Roughly 40 percent of those reaching the age of 70 are expected to need some type of long term care during the rest of their lives. It is crucial we fight for the rights of all aging and elderly patients, for our loved ones now, as well as future generations.

If you believe you or a loved one were the victim of Illinois nursing home neglect or abuse, contact an Illinois nursing home negligence lawyer. You have the right to dignity, respect, and quality of care.

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