In Illinois, nursing home negligence lawyers rely on the provisions of the Nursing Home Care Act to protect their clients’ rights. The Illinois Nursing Home Care Act allows a resident to recover for actual damages suffered as the result of “abuse” or “neglect”. Actual damages (or compensatory damages) may include medical expenses incurred and reasonably expected to be incurred in the future. A resident who has suffered Illinois nursing home neglect may also claim attorney fees and the cost of litigation for the violation of their rights.

When pursuing a legal claim on the basis of Illinois nursing home neglect or abuse, Chicago nursing home abuse attorneys say it’s important to understand the legal definitions of abuse and neglect.

• Abuse:  Any physical or mental injury or sexual assault inflicted on a resident other than by accidental means.
• Neglect: 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.

A facility’s owner or license holder may be liable to a resident for any intentional or negligent act or omission which results in injury to a resident.

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

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Perhaps the most important rights guaranteed all Americans are our civil rights as citizens of this country. In Illinois, nursing home negligence lawyers say residents’ rights at a basic citizen’s level are often violated. If you are a nursing home resident, it is crucial you understand your rights as a citizen as well as a facility resident. You do not lose your rights as a citizen of Illinois and the United States because you live in a long-term care facility.

If you believe any of your basic rights have been violated, you should contact a Chicago nursing home abuse attorney immediately.

Your rights include the following:

• Your facility must let you see reports of all inspections by the Illinois Department of Health, from the last five years and the most recent survey of your facility along with any plan that your facility gave to the surveyors saying how your facility plans to correct the problem.
• If a court of law has appointed a legal guardian for you, your guardian may exercise your rights for you.
• If you have named an agent under a Durable Power of Attorney for Health Care, your agent may exercise your rights for you.
• You have freedom of religion. At your request, the facility must make arrangements for you to attend religious services of your choice as long as you agree to pay any cost. The facility may not force you to follow any religious beliefs or practices and cannot require you to attend any religious services.
• You have the right to vote for the candidate of your choice.
• You have the right to participate in social and community activities that do not interfere with the rights of other residents.
• You have the right to participate with other residents in the resident advisory council. Your facility must respond to concerns raised by the council.
• You have the right to meet the Long Term Care Ombudsman, community organizations, social service groups, legal advocates, and members of the general public who come to your facility. Representatives of these groups may come to your facility to give you services, tell you about your rights, or help you assert your rights.
• You have the right to present grievances to your facility and to get a prompt response. Your facility may not threaten or punish you in any way for asserting your rights or presenting grievances.

Finally, you have the right to present grievances to outside organizations and advocates including the following agencies:

• Long Term Care Ombudsman, 1-800-252-8966 (voice and TTY);
• Equip for Equality, Inc., for persons with mental illness or developmental disabilities, 1-800-537-2632 (voice and TTY);
• Illinois Department of Public Health, 1-800-252-4343 or 1-800-526-0844 (voice and TTY).

Illinois nursing home neglect should become a concern of the past. We owe our aging citizens the utmost respect and dignity. If you believe your rights as a citizen have been violated, contact an Illinois nursing home negligence attorney today.

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In and around Chicago, nursing home abuse attorneys can help their clients understand their rights according to both state and federal law. There are many rights afforded to patients regarding the facility they stay in and their accommodations therein.

First, and foremost, you have the right to stay in your facility. You have the right to keep living in your facility, unless your facility forces you to move because you are dangerous to yourself and others, for medical reasons, you have not paid or are late paying your bill, or your facility closes.  You can’t be forced to leave your facility because you are applying for Medicaid or you are on Medicaid and a Medicaid bed is available. (Illinois nursing home negligence lawyers say it is always important to ask the facility how many Medicaid beds it has.)

In Medicare or Medicaid facilities, you have the right to be told in advance if your room or roommate is being changed.

If your facility wants to force you to move, there are strict guidelines to which the must adhere. First, you must be given a written notice 21 days (for State-licensed facilities) or 30 days (Medicaid- or Medicare-certified facilities) before the day it wants you to move. The notice must explain why your facility wants you to move and how you can appeal to the Illinois Department of Public Health. Furthermore, they must provide you the forms you need to appeal, and a stamped, addressed envelope for you to use to mail your appeal to the Department of Public Health.

You have a right to ask the Long Term Care Ombudsman or to consult a Chicago nursing home neglect lawyer for help in appealing your facility’s forcing you to move.  If you appeal to the Department of Public Health, usually your facility cannot make you leave until the appeal is decided.  Before your facility can transfer or discharge you, it must provide preparation and orientation to be sure that your discharge is safe.

Following a hospitalization, you must be allowed to return to your facility, unless your facility gives you written notice as described above.

If you get Medicaid and are hospitalized for ten or fewer days, your facility must let you return when you leave the hospital. If you are hospitalized for more than ten days, your facility must let you return if it has a bed available and you still need that kind of care. If your facility is full, you must be allowed to have the first available semi-private room, if you still need that kind of care.

If you have questions about Illinois nursing home neglect or your rights as a resident, contact an Illinois nursing home negligence lawyer today.

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Determining how to pay for nursing home care can be tricky and complicated. Illinois nursing home negligence lawyers can help you understand your legal rights related to payment.

Payment: If you are paying for some or all of your care at the facility, you must be given a contract that states what services are provided by the facility and how much they cost. The contract must say what expenses are not part of the regular rate.  Your facility must not require anyone else to sing an agreement saying that they will pay your bill if you cannot pay it yourself. The only one who can be required to pay your bill for you is a court appointed guardian or someone else who is handling your money for you.

Regarding Medicare and Medicaid: Your facility must give you information about how to apply for Medicaid and Medicare and rules about “spousal impoverishment.” Spousal impoverishment rules allow you to give money and property to your husband or wife and still be eligible for Medicaid.  You have the right to apply for Medicaid or Medicare to help pay for your care. Your facility must not make you promise not to apply for Medicare of Medicaid.

If you get Medicaid, the facility may not make you pay for anything that Medicaid pays for. The facility must give you a written list of what items and services Medicaid pays for, and for items and services for which you could be charged.

Chicago nursing home abuse attorneys can help you ensure your financial rights are being met by your facility. If you have questions about Illinois nursing home neglect or abuse, contact an Illinois nursing home negligence attorney today.

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In this series, our Illinois nursing home negligence lawyer has been describing in great detail your rights as a resident of a nursing home facility. Education regarding your rights is an important step in preventing Illinois nursing home neglect.

Today’s post is regarding your personal property rights. First, you have the right to keep and wear your own appropriate clothing if you desire.  You may also keep and use your own property, including some furniture if there is enough space, unless this interferes with the health and safety of other residents.

You have the right to expect your facility to have a safe place for you to keep small valuables which you can get to daily. Furthermore, your facility must make a reasonable effort to keep your property from being lost or stolen. If your property is missing, the facility must try to find it.

If you have questions about your personal property rights as an Illinois nursing home resident, contact a Chicago nursing home abuse lawyer today.

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A common form of elder abuse includes financial abuse. Seniors are often taken advantage of regarding their money. In Illinois nursing homes, neglect may show itself by way of financial abuse.

Illinois nursing home negligence lawyers say you have the right to manage your own money. A long term care facility may not require you to let them manage your money, nor may they be your Social Security representative payee.  However, if you ask your facility to manage your personal money for you, it must do so (this applies to Medicare or Medicaid certified facilities only).

According to the law, if your facility manages your money, it may spend your money only with your permission.  It must give you an itemized written statement at least once every three months of all the money put into your account and all of the money taken out of your account.

If your facility manages your money, it must put your money in a bank account that earns interest for you if: you live in a Medicaid facility and have over $50 or you live in a licensed only facility and have over $100.

If you die, within 30 days of your death your facility must give your family, or whoever is in charge of distributing your property, a final accounting of all money left in any account which the facility manages for you.

To learn more about your financial rights, contact a Chicago nursing home abuse attorney today.

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As American citizens, we should all be able to enjoy our rights to privacy. However, say Illinois nursing home negligence lawyers, this isn’t the case for many residents in nursing home facilities. It’s difficult enough to leave your home and adjust to new and unfamiliar surroundings. To feel your rights to privacy have been invaded is simply too much for some.

Fortunately, privacy rights are protected for nursing home residents, say Chicago nursing home abuse attorneys.

“Both your medical and personal care are private. Facility staff must respect your privacy when you are being examined or given care. Facility staff must knock before entering your room. Your facility may not give information about you or your care to unauthorized persons without your permission, unless you are being transferred to a hospital or to another health care facility.

“You may ask any visitor to leave your personal living area at any time. You have the right to make and receive phone calls in private. Your facility must deliver your mail to you promptly, and promptly send mail out for you. Your facility may not open your mail.  If you are married, you and your husband or wife have the right to share a room unless no room is available or your doctor has said you cannot share a room for medical reasons.”

(Source: I-CARE Long-Term Care Ombudsman program)

If you believe you are the victim of Illinois nursing home neglect, abuse or other wrongdoing, contact an Illinois nursing home negligence attorney today. You have the right to privacy and appropriate care.

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In this series, our Illinois nursing home negligence lawyer is explaining Illinois nursing home residents’ rights.

Today, we focus on your rights to participate in your own care. These rights include the following:

• Your facility must develop a written care plan, which states all the services your facility will provide to you and everything you are expected to do. Your facility must make reasonable arrangements to meet your needs and choices.
• You may go to the care plan conference where your care plan is decided. You may choose to have family, friends or a representative participate in the care plan conference.
• You have the right to choose your own doctor. You will have to pay the doctor yourself unless Medicare, your insurance plan or Medicaid will pay the doctor bill.
• Your family must tell you the name and specialty of each doctor responsible for your care, and how to contact that doctor.
• You have the right to be in charge of taking your own medicine if your care planning team and your doctor say that you are able to do so.
• You have the right to refuse any medical treatment. If you refuse a treatment, your facility must tell you what may happen because of your refusal and tell you of other possible treatments. You have the right to complete information about your medical condition and treatment in a language that you can understand. You have the right to make a Living Will or a Durable Power of Attorney for Health Care, so the facility will know your wishes if you can no longer speak for yourself. You may refuse to participate in any experimental treatment on you or allow anyone to use information about you for research without your permission.
• Your facility must allow you to see your medical records within 24 hours of your request. You may purchase a copy of part or all of your record at a reasonable copy fee with two working days advance notice.
• Your facility may not require you to work.
• You have the right to move out of your facility after you give the administrator, nurse, or doctor written notice that you plan to move.

If you believe any of these rights have been violated, or if you have been subjected to Illinois nursing home neglect or abuse, contact a Chicago nursing home abuse attorney today.

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As a resident of an Illinois nursing home, neglect or abuse against you should never be tolerated. According to our Illinois nursing home negligence lawyer, you have the right - first and foremost - to safety and good care. In addition, you have the right to participate in your own care.

These rights include:

Right to safety and good care

• Your facility must provide services to keep your physical and mental health, and sense of satisfaction with yourself, at their highest practical level
• Your facility must be clean and stay at a healthy temperature.
• You must not be abused by anyone-physically, verbally, mentally or sexually.
• Your facility must not physically restrain you unless there is no other way to keep you safe and you agree to the restrain.
• You may be given medicine intended to change your mood or how you think only with YOUR permission and only as part of an overall plan designed to change or remove the problems for which the medicines are given.

Your rights to participate in your own care

• Your facility must develop a written care plan, which states all the services your facility will provide to you and everything you are expected to do. Your facility must make reasonable arrangements to meet your needs and choices.
• You may go to the care plan conference where your care plan is decided. You may choose to have family, friends or a representative participate in the care plan conference.
• You have the right to choose your own doctor. You will have to pay the doctor yourself unless Medicare, your insurance plan or Medicaid will pay the doctor bill.
• Your family must tell you the name and specialty of each doctor responsible for your care, and how to contact that doctor.
• You have the right to be in charge of taking your own medicine if your care planning team and your doctor say that you are able to do so.
• You have the right to refuse any medical treatment. If you refuse a treatment, your facility must tell you what may happen because of your refusal and tell you of other possible treatments. You have the right to complete information about your medical condition and treatment in a language that you can understand. You have the right to make a Living Will or a Durable Power of Attorney for Health Care, so the facility will know your wishes if you can no longer speak for yourself. You may refuse to participate in any experimental treatment on you or allow anyone to use information about you for research without your permission.
• Your facility must allow you to see your medical records within 24 hours of your request. You may purchase a copy of part or all of your record at a reasonable copy fee with two working days advance notice.
• Your facility may not require you to work.
• You have the right to move out of your facility after you give the administrator, nurse, or doctor written notice that you plan to move.

  Source: I-CARE Long-Term Care Ombudsman program

There are no exceptions to these rights. If you believe your rights were violated, or you have been the victim of Illinois nursing home neglect or abuse, contact a Chicago nursing home abuse attorney today.

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If you or a loved one are a resident of an Illinois nursing home, neglect and abuse are most likely a topic of concern. Remember that as a long term care facility resident in our state, you are guaranteed certain rights, protections and privileges according to state and federal law. If you believe your rights have been violated, or have questions about your rights, contact a Chicago nursing home abuse attorney. He or she will be able to explain your rights fully to you, and help ensure you are receiving the highest quality of care.

In the next few posts, our Illinios nursing home negligence lawyer will explain in great detail your rights as you may not be fully aware of their extent. Your rights include quality care, participation in your care, privacy rights, property rights, financial rights, citizen rights, and facility rights. You may have additional federal protection under Medicare or Medicaid. Stay tuned!

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