Wandering and elopement among nursing home residents is a growing concern throughout the state of Illinois.  Nursing home negligence lawyers state that laws exist requiring nursing home residents to receive adequate supervision to prevent wandering and elopement.  Each resident must have a risk assessment done for wandering.  Lack of a proper plan of care is often a sign of Illinois nursing home neglect.

“Wandering” refers to a resident’s ability to move around the nursing home without regard for personal safety.  Often times, residents who wander are cognitively impaired.  “Elopement” refers to the ability of a resident to leave the nursing home unnoticed and unsupervised.  Elopement can be an extremely dangerous situation.

A nursing home may be found negligent explains a Chicago nursing home abuse attorney if a resident who is incapable of protecting himself or herself from harm wanders or elopes and gets hurt.  The negligence can stem from failing to hire enough staff to properly supervise residents, failing to properly train staff on how to supervise residents or failing to employee alarms and other devices to prevent wandering and elopement.  At times, staff members fail to properly respond to an alarm.

Devices exist that can easily be employed in nursing homes to prevent wandering, elopement and Illinois nursing home neglect.  A chime or buzzer can be installed on a rear door alerting staff members a door was opened.  Many of these simple devices cost only a few dollars.

For more information on wandering or elopement, contact an experienced Chicago nursing home abuse attorney.  All protective measures must be taken to help protect nursing home residents and prevent dangerous situations that can arise from lack of proper supervision.

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Nursing homes offer care and a permanent residence for individuals who are too frail or sick to live at home.  As discussed in previous posts, many residents sadly become victims of Illinois nursing home neglect.  Many people need nursing home care but do not want to risk becoming a victim.  In this post, Illinois nursing home negligence lawyers offer advice to those seeking to remain in their home with the help of community services, family, friends and professional care agencies.

Medicare offers limited access to unique programs for certain beneficiaries who need a comprehensive social and medical service delivery system.  The two programs available at this time are

• The Program of All-Inclusive Care for the Elderly (PACE)
• Social Managed Care Plan

Some individuals require less than skilled care or only need skilled care for short periods of time.  A variety of living arrangements are available offering different levels of care.  The first step is talking to your primary care physician or possibly a social worker about your care needs if your goal is to stay at home for as long as possible.  These experts will
help explain the amount of responsibility and work that will be involved.

Alternatives to nursing homes do not always protect every individual from becoming a victim of elderly abuse or neglect.  Contact a Chicago nursing home abuse attorney immediately if you would like more information on Illinois nursing home neglect or additional information on nursing home care alternatives.

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In Illinois, nursing home negligence lawyers have been fighting diligently to protect the rights of residents in nursing homes throughout the state.  Sadly, many nursing home owners and staff members are indifferent, incompetent, uncaring and/or negligent to residents.  When a loved one is in a nursing home, we expect them to be treated with dignity and careful attention given to their safety, welfare and health.  Unfortunately, residents instead often become victims of Illinois nursing home neglect.

Nursing homes have ethical and legal obligations to residents and their families.  When negligence occurs, significant injury or even death can follow.  Chicago nursing home abuse attorneys can help seek compensation on behalf of victims and their families should negligence take place.  The following examples are warning flags that Illinois nursing home neglect is taking place:

• Failure to document important health matters in a resident’s chart
• Failure to keep the nursing home clean and safe
• Failure to follow physicians orders
• Failure to prevent negligent injuries such as bedsores, dehydration, infection or malnutrition
• Failure to protect the resident from physical, sexual emotional or financial abuse
• Failure to administer medications prescribed
• Failure to report a life-threatening condition to a resident’s physician

If you or a loved one has been the victim of negligence in Illinois, nursing home negligence lawyers with experience and resources can represent your claim effectively.  Every resident deserves to receive quality care and attention.

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In Illinois, nursing home neglect has become far too common for many residents.  If you are faced with the decision of choosing a nursing home for yourself or a loved one, Chicago nursing home abuse attorneys offer criteria to observe when evaluating potential nursing homes.  To accurately and efficiently evaluate a home, quantitative and qualitative measures can be used in addition to making observations during visits.  Use the following percentages to help determine which nursing home will be helpful in protecting you and your loved ones.

• Percentage of residents with bed sores.  Many homes specialize in caring for bed sores which occur on residents due to pressure or duration of time in one position.
  Percentage of residents in pain.  Keep in mind, many patients refuse pain medication but the overall percentage can still offer important information regarding a lack of comfort or attention to physical conditions.
• Percentage of residents without the ability to accomplish basic daily tasks.  Loss of function is expected in many nursing home residents, but additional staff members are needed in homes with a high percentage of patients needing assistance.
• Percentage of short stay residents with delirium.  Patients with delirium require more care.
• Percentage of residents in physical constraints.  Physical restraints should only be recommended by a doctor as a preventative measure for injuries or a medical condition.  Restraints often reduce strength and increase the chance that health will deteriorate.

Illinois nursing home negligence lawyers also recommend observing the following safety conditions:

• Stairways
• Elevators
• Fire Exits
• Fire Extinguishers
• Sprinkler System
• Ratio of Staff Members to Patients
• Heating/Air Conditioning
• Emergency Assistance
• Water Treatment and Sewage/Trash Removal
• Fire Exits

Every step must be taken to help protect our beloved senior citizens during their final years of life.  Evaluating criteria in nursing homes is one of the first steps that can be taken to help prevent you or a loved one from being a victim of Illinois nursing home neglect

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Many people at some point in their life become faced with decisions involving placing a loved one in a nursing home.  In Illinois, nursing home neglect has become a widespread issue and facing this risk can be daunting.  Remedies are available to nursing home residents and their loved ones under Illinois law should lack of care result in an illness or injury.

Any claim for Illinois nursing home neglect is normally subject to the terms and provisions of the Illinois Nursing Home Care Act.  Any claim of abuse, neglect, battery or sexual assault should be investigated immediately.  Nursing home residents, their families or friends should consult with a Chicago nursing home abuse attorney if any suspicions arise.

Under the Illinois Nursing Home Care Act, employees of nursing homes are also required to report any violations of abuse or neglect to the Illinois Department of Public Health.  Any claim brought under this act is not required by law to file expert witness reports as a prerequisite to filing a lawsuit, unlike medical malpractice claims.  In addition, nursing home residents cannot be forced to give up their right to a jury trial before filing a lawsuit according to Illinois nursing home negligence lawyers.

Nursing home residents who are also Public Aid recipients (Medicaid) should not allow this factor to influence their decision to pursue a claim of Illinois nursing home neglect.  Under the terms of the Illinois Nursing Home Care Act,

“The amount of damages recovered by a resident (under the act) shall be exempt for purposes of determining initial or continuing eligibility for medical assistance under the (Illinois Public Aid Code) . . . and shall neither be taken into consideration nor required to be applied toward the payment or partial payment of the cost of medical care or services available under the Illinois Public Aid Code.”

A decision to pursue a negligence claim should be made after consulting with a Chicago nursing home abuse attorney.  Qualified legal counsel and help ensure the resident’s potential legal claim is protected.  Seek immediate legal advice if you feel a loved one is the victim of Illinois nursing home neglect.

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Illinois nursing home negligence lawyers are often asked about an Advance Medical Directive.  An Advance Medical Directive is more commonly referred to as a living will.  Many nursing home residents are not able to make decisions for themselves in later years  and this living will ensures their medical wishes will be honored and also helps in prevention of Illinois nursing home neglect. If a loved one suffers a stroke or falls into a coma, other people will make decisions unless an Advance Medical Directive is on file.

The nursing home facility and hospital your loved one attends should have a copy of the living will on file.  The designated Power of Attorney, any primary care physicians and close family members should also have a copy.  When an Advance Medical Directive is signed, Chicago nursing home abuse attorneys recommend having as many relatives and friends present.  A notary must also be present.  Your loved one has a greater chance of appropriate actions being taken should an emergency arise if more people are aware of medical wishes.   A home medical file with a fireproof container is another place to store a copy.

The Advance Medical Directive normally outlines procedures patients would prefer not to undergo.  Many forms of cancer treatments or other medical practices might violate a loved one’s religious beliefs.  This important document also tells doctors if and when they should “pull the plug.”  These subjects are not pleasant to think about but need to be officially documented.  Chicago nursing home abuse attorneys explain that verbal wishes from a spouse, son, daughter or other loved one will not determine the kind of care is received without the living will.

Laws for Advance Medical Directives vary throughout each state.  For information on laws in Illinois, nursing home negligence lawyers are available to answer any questions and guide you through this important step.

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Federal and State laws regulate all nursing homes throughout Illinois.  Nursing home negligence lawyers have represented numerous victims who have been harmed to to violations of these laws and regulations.  Illinois nursing home neglect and abuse can be physical, emotional or mental.  Regulations and laws exist covering many areas of residents’ lives with the goal of protecting each individual.

The Code of Federal Regulations is very specific as to what constitutes Illinois nursing home neglect.  In this post, Chicago nursing home abuse attorneys highlight specific sections of the Federal Regulations (CFR Section 42) that govern nursing homes throughout the state of Illinois.

• Care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident’s quality of life (42 CFR 483.15).
• Promote care for residents in a manner and in an environment that maintains or enhances each resident’s dignity and respect in full recognition of his or her individuality (42 CFR 483.15).
• Ensure that the resident has the right to choose activities, schedules, and health care consistent with his or her interests, assessments, and plan of care (42 CFR 483.15).
• Conduct initially (no later than 14 days after admission) and periodically (after a significant change in the resident’s physical or mental condition and, in no case, less often than once every 12 months) a comprehensive, accurate, standardized, reproducible assessment of each resident’s functional capacity (42 CFR 483.20).
• Develop a comprehensive care plan for each resident that includes measurable objectives and timetables to meet the medical, nursing, mental, and psychosocial needs identified in the comprehensive assessment. The care plan must be developed within 7 days after completion of the comprehensive assessment and describe the services that are to be furnished. In addition, qualified persons must review, and if necessary revise, the care plan prepared after each assessment (42 CFR 483.20).
• Prevent the deterioration of a resident’s ability to bathe, dress, groom, transfer and ambulate, toilet, eat, and to use speech, language or other functional communication systems (42 CFR 483.25).
• Provide, if a resident is unable to carry out activities of daily living, the necessary services to maintain good nutrition, grooming, and personal and oral hygiene (42 CFR 483.25).
• Ensure that residents receive proper treatment and assistive devices to maintain vision and hearing abilities (42 CFR 483.25).
• Ensure that residents do not develop pressure sores and, if a resident has pressure sores, must provide the necessary treatment and services to promote healing, prevent infection and prevent new sores from developing (42 CFR 483.25).
• Provide appropriate treatment and services to incontinent residents to restore as much normal bladder functioning as possible and prevent urinary tract infections and to restore as much normal bladder function as possible (42 CFR 483.25).
• Ensure that the resident receives adequate supervision and assistive devices to prevent accidents (42 CFR 483.25).
• Ensure that a resident maintains acceptable parameters of nutritional status, such as body weight and protein levels (42 CFR 483.25).
• Provide each resident with sufficient fluid intake to maintain proper hydration and health (42 CFR 483.25).
• Ensure that residents are free of any significant medication errors (42 CFR 483.25).
• Maintain sufficient nursing staff to provide nursing and related services to attain or maintain the highest practicable physical, mental, and psycho-social well-being of each resident, as determined by resident assessments and individual plans of care (42 CFR 483.30).
• Ensure that the medical care of each resident is supervised by a physician and must provide or arrange for the provision of physician services 24 hours a day, in case of an emergency (42 CFR 483.40).
• Provide pharmaceutical services (including procedures that assure the accurate acquiring, receiving, dispensing, and administering of all prescriptions) to meet the needs of each resident (42 CFR 483.60).
• Be administered in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident (42 CFR 483.75).
• Maintain clinical records on each resident in accordance with accepted professional standards and practices that are complete, accurately documented, readily accessible, and systematically organized (42 CFR 483.75)

If you have any suspicion a loved one has been a victim of neglect or abuse, Illinois nursing home negligence lawyers with extensive knowledge regarding federal and state regulations can help investigate the situation and keep your loved ones protected.

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In the previous post, Illinois nursing home negligence lawyers discussed the need for stricter nursing home laws.  In addition to enforcing Illinois nursing home neglect and abuse laws, additional actions are necessary for inspection and regulation enforcement.  Facilities need to be held accountable for violations and adhere to all federal and state regulations.

Being familiar with the inspection process is crucial.  The Illinois Department of Public Health’s website is a great resource with important information regarding nursing home regulation and tips on preventing Illinois nursing home neglect.

In addition, nursing home inspections and complaint investigations are available to view online.  Nursing homes do have the right to appeal penalties.  Viewing current and past reports is important to gain a full aspect of the nursing home for each inspection report only shows a one-time “snap-shot.”  Chicago nursing home abuse attorneys also advise discussing services and performance levels with your doctor and/or family members that have used the facility.

Nursing home plans of correction are also available at nursing homes.  The most recent federal inspection surveys are posted at www.medicare.gov/NHCompare/home.asp.  Any written copy can be requested by writing to the Illinois Department of Public Health at:

Freedom of Information Officer
535 W. Jefferson Street
Springfield, IL 62761
Attn:  Division of Communications

Contact a skilled Chicago nursing home abuse attorney for additional information or if you or a loved one has been harmed due to Illinois nursing home neglect.

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Theft of prescription medication is an increasingly common problem in nursing homes around Illinois.  Nursing home negligence lawyers explain that it can be hard to identify medical theft.  Trusting patients, limited security measures and easy access to medications make the elderly easy victims.

Nursing home residents placed in a nursing home usually require constant care, treatment and medical attention.  Medications, intended to keep residents well and alive are often stolen for addiction or to make a profit.  In Illinois, nursing home neglect is on the rise and medication theft is clearly a form of abuse.  According to a Chicago nursing home abuse attorney, the most common medications stolen are:

• Vicodin
• Fentanyl
• Methadone
• Oxycodone
• Liquid Morphine
• Codeine
• Percocet

Difficulty can arise determining if you or loved one has been the victim of medication theft.  The following factors can be warning signs that a resident has been deprived of necessary medications:

• Noticeable tampering with drug containers
• Additional charges for prescriptions that you were not informed your loved one received or needed
• Defensiveness when questioned about any medication error
• Abnormal behavior, mood swings or personality changes in a staff member
• A discrepancy between expected pain relief and medication administrations in the nursing home resident

Keep in mind, these are warning signs and not absolute indications of medication theft.  Any suspicion should be further explored and if you feel a loved one has been the victim of Illinois nursing home neglect or medication theft, contact a Chicago nursing home abuse attorney immediately.

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Choosing a nursing home carefully is imperative to ensure your loved one is properly cared for and will not become a victim of Illinois nursing home neglect.  Many questions and factors regarding nursing homes should be considered and evaluated when looking at potential homes.  Multiple visits to the facility at different times is also recommended for nursing home abuse prevention.  Illinois nursing home negligence lawyers offer the following questions that should be considered during each visit:

1. Are the nursing home and administrator licensed?
2. Does the home have any special services units?
3. Does the facility have nursing home abuse prevention training?
4. Does the nursing home conduct background checks on staff members?
5. How do other nursing home residents appear to get along with staff members?
6. How is the quality and variety of food?
7. Is the nursing home facility clean and in good order?
8. Do you smell any strange odors?
9. Are residents allowed to have personal items?
10. Does the nursing home staff members allow family members to participate in the resident’s care plan?
11. Are different activities available for the residents with a variety of interests?
12. Does the staff members know the names of residents?

Chicago nursing home abuse attorneys offer additional investigative questions to investigate to help prevent Illinois nursing home neglect.  Research the following questions to help make your final decision:

1. Are policies and procedures in place to safeguard resident possessions?
2. Does the home have a special service unit like rehabilitation, hospice or Alzheimer’s?  Find out the facility guidelines for when residents would be moved on or off the special unit.
3. Are training programs in place offering education to employees about recognizing abuse and neglect?
4. Are programs in place to help employees deal with difficult or aggressive residents?
5. Are clear procedures in place to help identify events or trends than can lead to neglect or abuse?
6. Is clear information available on how to investigate, report and resolve any complaints?
7. Does the procedure on screening potential employees meet the State’s requirements?

In addition to asking these questions and evaluating the factors involved, Illinois nursing home negligence lawyers advise to educate yourself on federal laws regarding nursing homes.  Choosing a quality nursing home is an important decision and a thorough evaluation of potential nursing homes is necessary to help protect your loved one.

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