In the state of Illinois, nursing home neglect has reached a crisis level that needs to be addressed. Chicago nursing home abuse attorneys are at the forefront of the battlefield for better standards of care through legislation. What laws are in place are hardly enforced, and an unimaginable number of our aging citizens are being abused and neglected routinely.

Illinois nursing home negligence lawyers say its difficult for most to believe that trained and licensed staff at a skilled nursing facility would abuse or injure their elderly loved one. Who could imagine such purposeful neglect; the vulnerable and the weak left unattended in soiled clothing and bedding for days, or fed anything less than a nutritional, balanced diet. Yet, these substandard conditions continue to be commonplace, combined with over-medicating, restricted physical activity and poor hygiene. It has become an industry of terror against our frail and aging.

The time for critical action from lawmakers and those who have been entrusted to govern oversight of nursing homes and long-term facilities has long passed. Still by understanding the right questions to ask ahead of time and knowing how to investigate a facility properly, you can provide a higher standard of care for your loved ones.

If you suspect Illinois nursing home neglect or abuse of a loved one, or if your family rights have been violated, please contact an Illinois nursing home negligence lawyer immediately. You must find an attorney dedicated to the pursuit of dignity and quality care for residents of skilled nursing homes and long-term care facilities in Illinois.

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“There is no more justified use of our courts than to prosecute those who abuse and neglect the aging patients they are entrusted to care for,” say Chicago nursing home abuse attorneys. “One of the biggest challenges we face is educating the public regarding the absolute failure of our current system of care within nursing homes and long-term care environments.”

In the state of Illinois, nursing home negligence lawyers are fighting every day to improve the quality of care in nursing homes. Though many people blame Medicare and Medicaid for failing to provide adequate funding to enhance quality of care and improve staffing levels within nursing homes and long-term care facilities, nothing could be farther from the truth.

In fact, some progressive facilities (although few in numbers, but still growing) have cut budgets substantially while increasing staff levels, adopting and successfully implementing a heightened “total patient care” approach. Illinois nursing home neglect lawyers say this is a standard that should be followed. Through education and legislation, Chicago nursing home abuse attorneys hope to improve the quality of care in Illinois for nursing home residents.

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What should be done?

Chicago nursing home abuse attorneys say the Illinois Department of Veteran Affairs should convene a group and figure out the proper protocol for treating injured soldiers who need long-term care. There is no standard in place, and obviously, the method of sending them to nursing home facilities designed for elderly residents is far from effective, or even acceptable.

The state of Illinois no longer has veteran’s hospitals contracted out. There is no alternative option for care for soldiers other than standard nursing homes. The devastating reality is that our veterans have been suffering this way for years.

Our Illinois nursing home negligence lawyer suggests families of veterans in this situation contact Tammy Duckworth,  who is the head of the Illinois Veterans Affairs division.  She is an Iraqi veteran herself, and was named to her current position by our governor.  You can write to her, call her office, and find out what plans are in place to address the crisis. A double-amputee herself, no one understands the tragic implications of this matter more than Ms. Duckworth.

Illinois nursing home neglect attorneys remind you that all residents are at risk: soldiers and elderly patients alike. This is something that cannot be ignored, for the sake of both parties.  For more information about what you can do to help prevent Illinois nursing home neglect and abuse, contact a Chicago nursing home abuse attorney today.

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Today’s injured soldiers returning home from the Middle East — often victims of severe head trauma and loss of limbs — are victimized once more as they become lost within long-term care facilities neither qualified nor staffed to meet their needs. Along with an increase of mental health patients, the environment is increasingly dangerous for the aging as well as the traumatized and mentally unstable. Illinois nursing home negligence lawyers say all residents are at risk.

From the standpoint of safety alone, imagine a common scenario in which a young soldier returns from the Middle East with severe depression, anxiety and anger issues. He may be placed in a room with a frail, elderly man. It’s more than a recipe for serious disaster.

Chicago nursing home abuse attorneys say activity directors are un-trained and unaware of the type of programs that need to be maintained for returning soldiers. In Illinois, nursing home neglect can take many forms, including that of simply being unable to manage the most basic needs of its residents.

It is absolute unfair (and some may argue shameful) for these soldiers to return to such a condition with expectations of regaining any type of normalcy in their lives. At their best, skilled nursing and long-term care facilities are designed to address an elderly patient’s needs to return home (commonly after an injury such as a hip fracture or stroke), not a soldier’s needs to re-integrate himself into society.

Imagine dealing with a soldier who is a double amputee – he is young, maybe 21 – and he needs to learn how to walk again or how to live with his permanent disability. Not only are the physical implications of this situation extremely complicated, dealing with the emotional implications of being a 21-year-old double amputee is even more severe. The staff at a nursing home is absolutely not trained for such a situation.

Illinois nursing home negligence lawyers say recognizing the severity of this situation just the first step.

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There is no question: we have a great deal of soldiers coming home to Illinois who are disabled. They may have head trauma, missing limbs, or other severe injury. These soldiers need extended care and rehabilitation before they can live on their own. Some will never be able to live on their own, especially in the cases of traumatic brain injury from an IED (Improvised Explosive Device).

Illinois nursing home negligence lawyers say these soldiers are the newest flux of residents coming into skilled nursing, assisted living, and long-term care facilities, on top of the enormous growth that’s already occurring due to the aging of the baby boomer generation.

This has severely impacted the already broken system of long-term care in Illinois. Chicago nursing home abuse attorneys are desperately trying to get the word out, and to help design a system of care that is appropriate for rehabilitating soldiers.

Reports given to the US Senate Committee on Veteran Affairs indicate over 1800 of the service men and women returning home have suffered a traumatic brain injury. There has been testimony that over a third of people who are coming home also present with multiple mental health concerns, anxiety and depression, as well as substance abuse.

Illinois nursing home neglect lawyers say a nursing home is unequivocally the wrong place for this type of person. The staff are typically highly uneducated with regard to these types of injuries and very in-depth psychological issues. Nursing home facilities do not offer physiatry services (which is a type of physical medicine involving a doctor who can work with spinal cord and head injuries in combination with psychiatric services). Nursing home and long term care facilities don’t even contract out with these types of doctors.

On a more fundamental level, Chicago nursing home abuse attorneys point out, nursing homes don’t offer any type of work-hardening programs, or community re-integration programs. We’re talking about young men and women who have seen things that none of us could ever imagine. These soldiers are returning from an unimagineably heinous environment to one that is absolutely un-equipped to rehabilitate them, and could even pose further deterioration to their mental and physical health.

Our Illinois nursing home negligence lawyer will further explain the implications of this tragic situation that is only getting worse, and what needs to happen to prevent further Illinois nursing home neglect and abuse of its residents.

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Chicago nursing home abuse attorneys rely on the provisions of the The Illinois Nursing Home Care Act (NHCA) when defending the rights of victims of Illinois nursing home neglect.

The NHCA allows a resident to recover for the actual damages suffered as the result of “abuse” or “neglect”.  Actual damages or compensatory damages may include the medical expenses incurred and those reasonably expected to incur in the future. Illinois nursing home negligence lawyer or attorney fees as well as the cost of litigation for the violation of a resident’s right to be free from neglect or abuse may also be claimed.

By Illinois law, “Abuse” is defined as “any physical or mental injury or sexual assault inflicted on a resident other than by accidental means.”  “Neglect” is defined as “a failure to provide adequate medical or personal care or maintenance when that failure results in physical or mental injury to a resident or the deterioration of a resident’s physical or mental condition.”

The owner of the nursing home and the license holder may also be held liable to a resident for any intentional or negligent act or omission which injures the resident.  For more information on preventing Illinois nursing home neglect, or recovering for damages when shameful violations have occurred, contact an Illinois nursing home negligence lawyer today.

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The following question was recently posed to our Chicago nursing home abuse attorney:

“My father fell and broke his hip and he needs nursing home care. I was told that he will be provided 100 days of Medicare coverage, is this correct?”

Illinois nursing home negligence lawyer: “This is a great question that many people are given misinformation. Medicare Part “A” covers skilled nursing services for the first 20 days at 100% of charges as long as the nursing home resident requires skilled nursing or rehabilitation services.

“Medicare does not pay 100% of charges for 100 days. After the first 20 days, the resident is required to pay $124.00 a day and Medicare pays the remaining balance.

“But keep in mind the nursing home resident must make progress and require skilled nursing or rehabilitation on a daily basis, and the residents physician must re-certify his/her need for skilled care on the day of admission, 14 days after admission and then every 30 days.

“This is why its very important for family members to participate in the residents care plan conference and rehabilitation programs so they may monitor the progress of their loved one.

“Nursing homes commonly receive new residents who need extended care after a broken hip, but residents and family members cannot assume (or accept arbitrary promises) that facilities will aggressively and proactively develop a care plan and follow it on the patient’s behalf. You must actively participate and monitor your loved one’s progress.”

If you have questions about Medicare coverage or preventing Illinois nursing home neglect, contact a Chicago nursing home abuse attorney today.

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Our Illinois nursing home negligence lawyers are often asked about Medicare coverage for nursing home stays. Elderly folks often find themselves needing skilled nursing care after a hospital stay.  Often, recovery requires only a brief stay.

The question is whether Medicare covers this specific situation.  A Chicago nursing home abuse attorney provides the following answer:

“In order for a patient to qualify for Skilled Nursing Medicare Coverage, he or she needs to meet certain guidelines, these are:

• Have been a hospital patient for 3 consecutive days (not counting the discharge date);
• Being admitted to a skilled nursing facility that is Medicare certified within 30 days of hospital discharge;
• Patient requires skilled nursing or rehabilitation services on a daily basis that as a practical matter, can only be provided on an inpatient basis;
• Patient’s doctor certifies that patient requires skilled care services at the time of admission

For more information about Medicare coverage and nursing home or skilled nursing facility stays, and how to prevent Illinois nursing home neglect or abuse, contact an Illinois nursing home negligence lawyer today.

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In the state of Illinois, nursing home neglect and abuse are on the rise, and budget cuts usually to blame. Chicago nursing home abuse attorneys say people often claim Medicare and Medicaid for cutting budgets substantially, failing to provide adequate funding to enhance quality of care and improve staffing levels within nursing homes and long-term care facilities. But some (however few) progressive facilities (although few in numbers, but growing) have cut budgets substantially while increasing staff levels when a heightened “total patient care” approach has been adopted and implemented.

Yet in far too many homes, substandard conditions exist along with over-medicating, restricted physical activity and poor hygiene. One of the biggest challenges faced by Chicago personal injury attorneys is educating the public regarding the failure of the current system of care within nursing homes and long-term care environments.

Illinois nursing home negligence lawyers are calling for critical action from lawmakers and those who have been entrusted to govern oversight of nursing homes and long-term facilities. Chicago nursing home abuse attorneys want patients and families to understand the the right questions to ask ahead of time in order to prevent Illinois nursing home neglect and abuse before it occurs. It is time to provide a higher standard of care for our beloved frail and aging citizens.

If you suspect abuse and/or neglect of a loved one in a nursing home, or if your family rights have been violated, please contact an experienced Chicago nursing home abuse attorney immediately.

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In Illinois, nursing home neglect is becoming somewhat of an epidemic. It’s unthinkable that staff at a nursing home would purposely abuse or neglect their patients, but this is exactly what happens time and time again. What’s worse, when abuse or neglect occurs, liability on the part of the nursing home is sometimes impossible to ensure.

A major issue at play is defense lawyers for nursing homes and their extremely questionable tactics. Illinois nursing home negligence lawyers who represent residents say even textbook requirements are often ignored.

Case in point: An Illinois “expert” defense lawyer recommending that lawyers defending nursing homes refuse to turn over documents relevant to the lawsuit. Our Illinois nursing home negligence lawyer tells the story:

“In March 2004, Donald Davidson was at a New Jersey continuing legal education seminar. The seminar was videotaped. At the seminar Davidson spoke, in part, about how a nursing home defense lawyer should approach discovery. Discovery is the mechanism through which one party to a lawsuit obtains information from another party. Chicago nursing home negligence lawyers and defense lawyers both have an ethical obligation to be a conduit of information unless the information is not relevant to the litigation or is privileged.

Notwithstanding this obligation, Davidson advised defense attorney to resist turning over documents in discovery. He said, “I can’t tell you how much I would encourage you defense lawyers not to give over any documents willingly other than the [resident’s] chart. *** I mean, we try to fight everything-incident reports anything, logs. Because we find that fifty percent of the time *** [Chicago nursing home abuse attorneys] never make a motion and they never get it.”

Davidson summarized his approach to nursing home discovery as, ‘Deny documents.’ Davidson recommended that the defense lawyer claim the documents are privileged because there is a good chance your opponent won’t make a motion seeking them.”

These statements demonstrate why an Illinois nursing home neglect or abuse case must be prosecuted by a dedicated, tenacious Illinois nursing home negligence lawyer who has experience taking cases through jury trial.

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