When a resident is first placed in a nursing home or long-term care environment, many contracts are given to review and sign.  The contracts are often confusing, lengthy and full of legal jargon.  A Chicago nursing home abuse attorney is often needed to help in evaluating legal aspects of these documents and agreements.  Illinois nursing home neglect and abuse has become very common and understanding the standards to which you can hold the facility accountable can increase by thorough knowledge of these documents.

Hundreds of nursing home contracts have violations of the Nursing Home Reform Law.  A recent study of admission contracts found violations in areas such as financial responsibility and visitation rights.  Illinois nursing home negligence lawyers believe many of these violations are overlooked as being “the norm.”  State inspections do not always evaluate nursing homes and long-term care environments regularly.

When family members and loved ones of nursing home residents start asking questions, they are often told that policies are required or standard as a condition of admission.  According to a Chicago nursing home abuse attorney, these “conditions or admission” are uncalled for and often illegal.  A huge difference exists between a legal standard and an industry standard.  Violations continue to occur partly due to the hesitation of consumers to question further, fears of rejection, and having limited nursing homes to choose from.

Experienced Illinois nursing home negligence lawyers can assist you in understanding the legal characteristics of long-term care, assisted living or nursing home contracts.  Violations of these contracts is a direct form of Illinois nursing home neglect and should not be tolerated.

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Illinois nursing home negligence lawyers have seen an increase of malnutrition and dehydration in and around Chicago.  Nursing home abuse attorneys stress the importance of paying attention to signs of malnutrition and/or dehydration and to take action if any risk factor emerges.  Elderly people in general are at a greater risk for dehydration.  Nursing home residents should be evaluated immediately upon acceptance into nursing homes.  Medical issues can increase the risk of dehydration and malnutrition.  Some of these conditions include:

• Diabetes
• Malnutrition
• Chronic cognitive impairment
• Inadequate nutrition
• Acute situations such as vomiting, diarrhea or fever
• Alzheimer’s
• Dementia
• Frequent infections
• Incontinence
• Any previous history of dehydration problems
• Use of laxatives, steroids, anti-anxiety medications, psychotropic drugs or diuretics
• Stroke

If you have a loved one with any of these risk factors, watch carefully for any signs of dehydration and make sure he or she has been properly evaluated for the risk of dehydration.  Communicate frequently with the Director of Nursing, and your loved one’s physician.  Dehydration is a form of Illinois nursing home neglect and is unacceptable.  Skilled Illinois nursing home negligence lawyers can assist in seeking justice if a loved one has been the victim of dehydration and has suffered as a result.

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Sadly, Illinois nursing home neglect cases are rising rapidly.  Recognizing the signs and symptoms of abuse is very important yet prevention can take precedence according to Chicago nursing home abuse attorneys.  Aging and elderly citizens have the right to be treated with respect and dignity.  Crucial steps can be taken to ensure nursing home residents are treated with dignity and respect.

If you or a loved one resides in a nursing home, it is important to understand all rights and protections under law.  Nursing homes must give all residents a copy of their rights.  Education is the first step.  Illinois nursing home negligence lawyers can help answer any questions you might have pertaining to these important rights.  The following examples are a few of the rights all nursing home residents should be given.

• Each resident has the right to be treated with respect and dignity.
• All services and fees must be stated in writing before entering a nursing home.
• Residents have the right to privacy and may keep personal belongings and property as long as other resident’s rights, health or safety of others is not violated.
• Residents have the right to manage their own money or designate an individual to do so.
• Residents have the right to always be informed about medications given, to see their own physician and to know the details of their medical condition.  In addition, residents have the right to refuse medications and treatments.

Illinois nursing home negligence lawyers can help give a legal perspective on additions information regarding resident’s rights.  If you believe a loved one is in danger of neglect, contact a Chicago nursing home abuse attorney for assistance.  He or she will advocate for your loved one’s rights and help to seek justice according to the law.  Illinois nursing home neglect is unacceptable and nursing home resident’s rights must be respected at all times.

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Many living options exist when an elderly person can no longer live on their own.  These options range from assisted living homes, long-term care, community living and skilled nursing homes.  Each environment is unique, yet all long term care programs have a potential for Illinois nursing home neglect or abuse to take place.  The Ombudsman program was created in the early 1970’s to help protect the rights of residents in all assisted living homes.

The National Older Americans Act created the Ombudsman program with the goal of investigating and resolving resident complaints throughout the state of Illinois.  Nursing home negligence lawyers explain that seventeen regional ombudsman programs are currently in practice.  Each program works under the Illinois Department of Aging.

Residents aged sixty and older receive visits from certified Ombudsmen monthly.  The Ombudsmen inform residents of their rights and help educate each resident’s family members of regarding rights to organize and also resolve problems.  This special program helps prevent Illinois nursing home neglect and assists in improving the dignity of life for long term care residents.

If you need help locating an ombudsmen in your county, contact a Chicago nursing home abuse attorney today.  These vocal advocates are crucial in ensuring our beloved elderly receive the proper quality of care.

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As discussed in our previous post, injured soldiers are returning home with severe injuries in Illinois.  Nursing home negligence lawyers are desperately trying to prevent this from happening.  Nursing homes are not appropriate or equipped to handle the tremendous physical and mental conditions many soldiers are coping with.  In addition, nursing home residents are at risk for Illinois nursing home neglect due to the mental instability of some of the soldiers.

All soldiers and aging residents are at risk.  Activity directors, nurses, and administration personnel are not properly trained regarding the types of programs that need to be in effect for returning soldiers.  In many cases, these long term facilities are not able to manage even the basic needs of residents, much less programs to assist in rehabilitating soldiers for re-integration into society.  Nursing homes are designed to assist elderly patient’s needs after injuries, strokes, or dementia.

Imagine a young soldier is placed into a nursing home with both legs having been amputated.  He might not have the ability to walk again.  The physical implications of this situation are extensive enough without adding the emotional implications of living the rest of life with this disability.  Chicago nursing home abuse attorneys cannot stress enough that nursing home staff members are not trained for these situations.  It is shameful and unfair for injured soldiers to remain in these homes.

As stated previously, it can be a huge safety factor for elderly residents as well.  Imagine a young soldier returning home with severe anger, depression and anxiety issues.  Placing this soldier in a room with a frail, elderly resident can quickly become a serious disaster.

What can be done about this situation?   Illinois nursing home negligence lawyers believe the Illinois Department of Veteran Affairs should develop a group to figure out proper protocol for treating injured soldiers.  No standard currently exists.  The state of Illinois does not have any veteran’s hospitals contracted out; therefore, no option exists for injured soldiers other than standard nursing homes.

A recommendation given by one of our Illinois nursing home negligence lawyers is to contact Tammy Duckworth, the head of the Illinois Veterans Affairs division.  Call her office, write to her and explain your concerns.  She is a double-amputee and understands the tragic implications of this disability.  For additional information on preventing Illinois nursing home neglect, contact a Chicago nursing home abuse attorney.

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Many disabled soldiers have been returning home to Illinois, often with severe injuries.  Sadly, many of these men and women will never be able to live on their own especially if they have suffered from a brain injury.  Other soldiers need special rehabilitation or extended care.  Illinois nursing home negligence lawyers explain that many of these injured soldiers are becoming residents in nursing homes, or other long-term care facilities.

As the baby boomer generation ages, the amount of residents in nursing homes is already rising, and has severely impacted the already broken system of long term care.  Soldiers placed into these homes further increase neglect.  Nursing homes are not designed to be the appropriate place for rehabilitation.  Chicago nursing home abuse attorneys are desperately trying to stop Illinois nursing home neglect from rising and are working to help design a proper system of care for injured soldiers.

Injured soldiers typically have different injuries and psychological issues than most staff members in nursing homes are trained to deal with.  The specific injuries and in-depth psychological issues are out of the realm of knowledge of most nursing home facilities.  In addition, according to a Chicago nursing home abuse attorney, most long-term facilities do not have psychiatry services or contract out to doctors with this specialty.

Another major problem of injured soldiers being placed in nursing homes is the lack of a program designed to integrate each individual back into the normal routine of life.  In general, many nursing home residents will not return to being able to take care of themselves.  Many soldiers are rehabilitating for a period of time and need to be part of a re-integration program.  Sadly, a great deal of these brave men and women have been in a horrible environment and have witnessed unimaginable tragedy.  By placing them in a facility ill-equipped to rehabilitate them, physical and mental health can decrease even further.

In our next post, Illinois nursing home negligence lawyers will continue to describe the downside of injured soldiers being placed in nursing homes.  Action must be taken to prevent Illinois nursing home neglect.

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Psychotropic drugs are often given to residents of nursing home without the family or power of attorney being informed.  A psychotropic drugs is classified as any drug that has capabilities of affecting the emotions, mind or behavior.  Nursing home employees are often reluctant to stop administering psychotropic drugs even when requested in Illinois.  Nursing home negligence lawyers are finding the over-medication is extremely common.

Many patients aren’t able to fully understand the risk of treatments or medications.  Informed consent in these instances is not possible.  Administering these mind altering drugs without consent of the resident or the resident’s power of attorney is a classic example of Illinois nursing home neglect.  Administration based only on physician’s orders is a growing issue.  Family members often have concerns for very good reasons and staff members can be very reluctant to fully disclose the truth when they are directly asked about the administration of a psychotropic drug.

An alarming number of nursing homes fall extremely short of legally required documentation of medication administration.  In fact, this shortcoming is one of the main items violated during annual inspections according to a Chicago nursing home abuse attorney.  A study by the Federal Department of Health and Human Services found 15% of consulted pharmacists found doctors were prescribing antidepressants to nursing home residents inappropriately.  In addition, one third of the pharmacists stated the prescriptions were often given without proper diagnosis and that very few physicians ensure proper levels of medication are maintained.

If you believe a loved one in a nursing home has been given a psychotropic drug unnecessarily,  or without proper evaluation, contact a Chicago nursing home abuse attorney with experience in Illinois nursing home neglect.  This practice is unacceptable, dangerous and should not be tolerated under any circumstance.

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Psychotropic drugs are increasingly being used among nursing home residents and Illinois nursing home negligence lawyers believe it is happening more frequently than most people realize.  Inappropriate use of psychotropic drugs is extremely dangerous and can have fatal consequences.  If you have a loved one who resides in a nursing home, look for signs that he or she is being improperly medicated.  These signs can include delirium, depressions, urinary incontinence or falls.  The improper medicating of nursing home residents with psychotropic drugs is a serious sign of Illinois nursing home neglect.

The following steps, recommended by a Chicago nursing home abuse attorney should be taken by a loved one’s legal power of attorney if he or she is suffering from a dangerous use of psychotropic drugs.

• Make sure your loved one has a copy of a Power of Attorney or Healthcare Power of Attorney in his or her chart.  Ask if you may see the file.
• Keep in mind you have the right to see your loved one’s chart.  View the chart on a regular basis and look for all changes to
• medications along with any changes to diet, assistance needed, exercise or any other information that would qualify for a new assessment to be conducted.
• Find out which pharmacy fills your loved ones prescription.  Visit the pharmacy and ask for a print out of medications (bring your power of attorney).  If the dosage levels differ from the medical record, ask for documentation and an explanation if the change was ordered by a physician.
• If you believe a significant change of conciousness has occurred, call 911 and have your loved one transferred to an emergency room.  Request an immediate toxicology screen.
• Ask for the medication list given to the emergency room.  It could very well be different than the medication shown to you in the nursing home.  Get a copy of all information provided.

Improper management of pyschotropic drugs needs to be taken very seriously and has become a widepsread issue in Illinois.  Nursing home negligence lawyers should be contacted immediately if you suspect a loved one is receiving drugs without proper consent or a doctor’s order.

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Illinois nursing home negligence lawyers often receive questions regarding third-party responsibility for nursing home bills. Recently a resident’s daughter wrote and asked whether signing an admission contract on her father’s behalf would lead to responsibility for paying the nursing home bills.  According to a Chicago nursing home abuse attorney, the answer is “no.”

A nursing home cannot require a third party guarantee of payment as a condition of a resident’s admission to federal law.  Although a nursing home cannot demand financial responsibility for the payment of a resident’s care, Illinois nursing home negligence lawyers stress to read contracts very carefully before signing.  Pay particular attention to the language of the document.  Education is extremely important.  A facility cannot demand or even request that anyone besides the resident, including the resident’s power of attorney to sign on their behalf.

Before signing any contract, ask a Chicago nursing home abuse attorney to review the document.  Skilled knowledgeable attorneys who deal regularly with Illinois nursing home neglect can help explain legal language and key phrases such as “Responsible Party.”  Education is crucial in protecting loved ones from emotional or financial abuse in nursing homes.

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Illinois nursing home negligence lawyers are often asked for advice regarding Illinois nursing home neglect and other related topics.  Often times, nursing home residents and their loved ones have questions regarding Medicare and coverage allowed.  Education is a top priority and in this post, the following question from a reader is answered by one of our attorneys:

“My father was told he would have to leave his nursing home residence in thirty days due to Medicare days running out.  He cannot afford to pay for care.  What are his options?”

In the words of a Chicago nursing home abuse attorney,  “According to state and federal regulations, a nursing home can only discharge a resident under certain circumstances.  If a resident fails to pay his or her nursing home bills,  he or she is endangered, or if the resident’s needs cannot be met by the facility, a nursing home has the right to discharge that resident.  A thirty day notification must be given.  Regardless of the circumstance, I highly recommend speaking directly with social services.”

Another recommendation by Illinois nursing home negligence lawyers is to meet with the admissions director.  The admissions director or the social service director can provide information on applying for Medicaid.  The application process is lengthy, and needs to be started immediately.

Remember, nursing home residents cannot be discharged against their will.  Contact a Chicago nursing home abuse attorney if you feel a loved is in danger of being discharged unlawfully.  Prevention of Illinois nursing home neglect is a top priority.

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