Many nursing home residents have recently spent time in the hospital and have questions for Illinois nursing home negligence lawyers regarding Medicare coverage.  Many post-hospital residents only need nursing home care for a short period of time.  Medicare will cover the care under certain circumstances.

Medicare will cover post-hospital nursing home care if the resident has been in the hospital for three consecutive midnights. He or she must also be certified by the admitting physician that skilled nursing or rehabilitative services are required.

Often times, occupational, physical or speech therapy is necessary.  In some cases, the resident requires wound care or IV services.  A Chicago nursing home abuse attorney explains these individuals are usually covered by Medicare.  Generally, after twenty days, Medicare requires the physician to re-certify the patient if he or she needs ongoing skilled services.

Illinois nursing home negligence lawyers recommend a loved one meets with the care plan coordinator, attends any rehabilitation sessions and attends the care plan conference.  In addition, the loved one should speak with the admission director and obtain a list of all services covered by Medicare.  Understanding the services and ongoing coverage factors will be a benefit.

If you have any questions on Medicare coverage or Illinois nursing home neglect, contact a skilled and competent Chicago nursing home abuse attorney today.

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Throughout the state of Illinois, nursing home neglect is taking place frequently.  Physical and mental decline occur quickly among residents who have been unfortunate victims.  Often times, family members notice physical or mental decline, leading them to suspect neglect or abuse.  Illinois nursing home negligence lawyers have represented many nursing home victims and can be a huge asset in helping seek justice.

If you have any suspicians your loved one’s physical or mental state is deteriorating, steps need to be taken immediately.  First, the facility must document a full assessment of changes observed.  Any change must be documented in the resident’s chart within fourteen days.  The current care plan must also be updated, noting any changes in mental or physical status.

A Chicago nursing home abuse attorney also recommends speaking to the Director of Nursing.  Request a full assessment and a new care plan conference.  A care plan conference takes place when all department heads (rehabilitation, nursing, dietary, activities, and social services) meet.  The resident’s current status is discussed, current treatment plans and future plans for care.

Another important step to take is contacting your loved one’s doctor.  Discuss your concerns and ask for the doctor to meet with your loved one.  Note any details in the care plan.

Monitoring the mental and physical health of your loved one can help he or she from becoming a victim of Illinois nursing home neglect.  Proactive steps can help prevent abuse or stop it if your loved one has already been a victim.  If you have any suspicion a loved one is in danger in the state of Illinois, nursing home negligence lawyers can help investigate and take legal action.

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Every year, between 100-200 falls are reported per 100 bed nursing home.  Additional falls take place yet go unreported.  Recent statistics show as many as 75% of nursing home residents fall annually.  This statistic is twice the rate of seniors who live in the community.  Approximately 35% of fall injuries occur among non-ambulatory residents according to a Chicago nursing home abuse attorney.  Many of these falls result in a fatality.  Elderly residents are more likely to have dangerous falls and nursing homes have a responsibility of protecting residents from falling when possible.  Lack of proper protection can be an example of Illinois nursing home neglect.

Some falls cannot be prevented; however, a nursing home can provide safety equipment, supervision and staff training that can help prevent many falls or decrease the severity of injuries.  Fall prevention requires a combination of rehabilitation, environmental modification and medical treatment.  Illinois nursing home negligence lawyers offer possible interventions:

• Equipment such as bed rails, lower beds and side alarms
• Residents who are unsteady on their feet can be given special hip padding
• Alarms can be in place to alert staff members when a patient attempts to leave a bed or get out of a chair
• Adequate staffing can help prevent falls simply by having enough staff members available to help residents get in and out of bed
• When a fall occurs, the resident must be given proper medical care
• Family members should be notified when a loved one falls

If you or a loved one has suffered a fall and feel it could have been prevented, contact a Chicago nursing home abuse attorney to discuss the circumstances.  Experienced attorneys can help you determine the proper course of action to take.

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Making the decision to place a loved one in a nursing home can be difficult.  This decision includes the expectation that medical professionals will keep a close eye on the patient’s medical condition and for the resident’s health and safety to be a top priority.  Illinois nursing home negligence lawyers explain that doctors, nurses and nurse’s aides can fail to recognize signs of neglect or abuse and often fail to take necessary actions.  When negligence by a doctor or nurse causes a resident’s condition to worsen, the resident may be a victim of Illinois nursing home neglect.

Doctors have the primary responsibility for the patient’s health and well-being.  Doctors should order appropriate tests, give necessary orders and read lab results accurately.  Nursing home doctors should be well aware of any signs of Illinois nursing home neglect.

Nurses should have the authority and training to act quickly if a patient’s condition changes.  Nurses can be held responsible for consequences if medical conditions go unreported or untreated.  Nurse’s aides can also be found negligent.  Nurse’s aids perform most of the direct care functions in a nursing home, according to a Chicago nursing home abuse attorney.  They also have the responsibility to inform the medical staff if a resident’s condition changes.

If you feel a loved one has been the victim of Illinois nursing home neglect due to the negligence of a doctor, nurse, or nurse’s aide, Illinois nursing home negligence lawyers can fight for justice and help investigate the facts.  Medical professionals have a duty and responsibility to monitor the health status of residents and take action to protect their health and safety.

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Throughout the state of Illinois, nursing home neglect cases are widespread and far too frequent.  Often times, loved ones do not have direct evidence of neglect, only suspicions.  When a parent or grandparent is the resident in a nursing home, it can be frightening when you feel something is happening to he or she and you are unable to monitor day-to-day activities.  Chicago nursing home abuse attorneys can help investigate if you have suspicions about neglect.

Many suspicions arise when a loved one’s condition does not make sense.  For example, your loved one may have suddenly undergone a decline in health with no medical explanation.  He or she may have unexplained bruises, skin tears or burns.  Often times, the nursing home staff seems unwilling to offer explanations.  If an explanation is given, it may not match the facts you have observed.  Your loved one might seem frightened or confused, another sign of Illinois nursing home neglect.

Illinois nursing home negligence lawyers have knowledge, experience and patience regarding nursing home abuse and neglect cases.  They can help fight for justice and obtain compensation for victims of Illinois nursing home neglect.  Suspicious injuries are often a warning sign and should not be taken lightly.  Contact a Chicago nursing home abuse attorney immediately if you feel a loved one is in danger.

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Sexual assault in nursing homes is a difficult topic to discuss.  Unfortunately, Illinois nursing home negligence lawyers have represented many residents who were the victim of sexual assault.  When a vulnerable elderly adult is assaulted in a place that is supposed to be safe, emotional and physical consequences can be catastrophic.  In many cases, the victim cannot express themselves.  Other times, the victim is not believed.

In some cases, an employee with a long history of criminal activity is the sexual predator.  Other times, the predator is a resident.  Nursing homes can be held accountable for incidences of sexual assault according to a Chicago nursing home abuse attorney.  Nursing homes must take steps to ensure that staff members and other residents do not present the risk of sexual assault.

Long-term care facilities are also responsible for patient monitoring.  Any sudden change in a resident’s physical or emotional health should be noted.  Nurses, aides and doctors need to respond to and take seriously any alarm from a resident.  In addition to this criteria, staff members should be trained to recognize the signs of sexual assault.

If you suspect a loved one was sexually assaulted, Illinois nursing home negligence lawyers can help investigate.  The police should also be notified immediately.  Bedding and clothing should be placed in a paper bag and sent with the resident to the emergency department.  It is extremely important to get the resident into a safe environment.  Illinois nursing home neglect and sexual assault should not be tolerated under any circumstance.  You cannot change
what happened to your loved one, but you can help hold those responsible for the violent act.

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Nursing homes have an obligation to provide adequate supervision and physical safety to all residents.  At times, caring for residents can be challenging.  They may have Alzheimer’s, dementia, fragile health or poor balance.  Restraints are increasingly being used to confine nursing home residents, keeping them in one place.  Unauthorized use of restraints can be a form of Illinois nursing home neglect.

Illinois nursing home negligence lawyers explain that using restraints can make residents agitated.  Attempting to escape from these devices can lead to an increased risk of injury.  Restraints often infringe on an individual’s emotional dignity.  Under federal regulations the “Bill of Rights” for nursing home states,

“In order to utilize restraints, an interdisciplinary assessment of the resident is required.  A physician is required to participate in the plan of care.”

In addition, the Nursing Home Reform Act (NHRA) called for a severe reduction in the use of all restraints.  The NHRA also detailed the minimum standard of care for all nursing homes to follow.

Restraints can be physical or chemical.  Physical restraints include wrist restraints, chest vests or ankle restraints.  Chemical restraints include tranquilizers or other medications given in large doses to lull patients into a near-unconscious state.  Alarms are effective restraints if staff members respond immediately.

If you fear a loved one is being physically restrained or restrained by drugs, contact a Chicago nursing home abuse attorney immediately.  When restraints infringe on a resident’s emotional dignity, when they are used without a doctor’s order, or if they cause physical harm or wrongful death, the resident may be a victim of Illinois nursing home neglect.  All residents in nursing homes deserve to be treated with a high level of care and respect.

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In addition to the general standard of care, state and federal laws have requirements for nursing home facilities to protect against mistreatment and Illinois nursing home neglect.  The Older Americans Act defines elder abuse, exploitation and neglect and sets a framework for states to follow when identifying neglect or abuse.

Three types of abuse are described in the Older Americans Act.  They are:

1) Self-neglect or self abuse
2) Domestic abuse
3) Institutional abuse

Illinois nursing home negligence lawyers describe self-neglect or self abuse as an individual impairing his or her own safety.  Domestic abuse is generally committed by a person in a close relationship to the individual.  Institutional abuse is exploitation and mistreatment within a facility such as Illinois nursing home neglect.

Institutional abuse is becoming increasingly common and can be verbal or emotional.  Emotional abuse causes emotional pain to another and can be in the form of yelling, threatening physical abuse, insults, isolation, or denying food or privileges as a form of punishment.  Physical abuse is easier to recognize according to a Chicago nursing home abuse attorney.  Physical abuse can be in the form of bodily harm, bedsores, malnutrition, poor hygiene and deprivation of medical care.

If a resident has been the victim of Illinois nursing home neglect, the individual or family members may have a claim against the facility through negligence per se and ordinary negligence.  For a negligence per se claim, the plaintiff must belong to a class of individuals protected by statute.  State and federal statutes provide the minimum standards of care every nursing home must follow.  A negligence per se claim may be filed if these standards are not met.

A claim for ordinary negligence includes specific elements.  First, the nursing home has a duty to the resident via a contract.  If the nursing home breached this duty and was a direct cause of the resident’s injury a claim can be filed.  The patient must prove he or she suffered damages including medical expenses, mental anguish, pain or a diminished capacity to enjoy life.

For additional information on negligence per se and ordinary negligence claims, contact a Chicago nursing home abuse attorney today.  He or she can help you seek damages if you or a loved one has been the victim of Illinois nursing home neglect.

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Nursing homes must abide by state and federal regulations regarding resident care, maintaining facilities and employee standards.  If the regulations are not followed, the facility may be held liable for negligence explains a Chicago nursing home abuse attorney.  Other claims may include Premises Liability when a resident is considered an invitee.  Long-term care facilities and nursing homes owe the invitee a duty of care to keep the premises safe and help to prevent Illinois nursing home neglect.

Prior to hiring potential employees, nursing home facilities are required by federal law to conduct criminal background checks.  Minimal requirements exist for long-term care facilities, nursing homes and their employees under state and federal regulations according to Illinois nursing home negligence lawyers.

In Illinois, mandated regulations include periodic inspections of facilities and mandatory reporting of Illinois nursing home neglect.  Employee licensing criteria exists along with prerequisites for nurses and aids.  Employees are not eligible for hire if they were previously found guilty of abuse, mistreatment or neglect by the court of law.

A facility can be held liable for injuries or wrongful death if the premises had an unreasonably or unsafe condition on the premises.  Inadequate security, staffing, understaffing or inattentive staffing can also lead to a negligence claim.

If you or a loved one has been injured as a nursing home resident in Illinois, nursing home negligence lawyers, experienced with neglect and abuse cases can help protect your legal rights and seek compensation for damages.

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In Illinois, most nursing homes offer a safe alternative for the elderly and people with chronic illnesses who are unable to take care of themselves.  Illinois nursing home negligence lawyers explain that unfortunately, incidences of Illinois nursing home neglect are becoming a widespread problem.  Signs of neglect can be obvious or so subtle that they go unnoticed.

In this post, Chicago nursing home abuse attorneys offer steps to take when looking for subtle or hidden signs of neglect or abuse.  First, look for obvious signs such as physical abuse.  An unusual number of injuries is not common among nursing home residents.  Burns, fingernail marks or welts around the neck and under clothing can be a sign.  Unexplained injuries, bruises on the face or injuries/bruising on bedridden patients need to be investigated.

Next, observe the demeanor of a resident who is normally talkative and outgoing.  Also, if a normally quiet individual becomes aggressive or argumentative, it can be a sign of Illinois nursing home neglect.  Psychological abuse can be more difficult to recognize than physical abuse.  Pay attention when unnecessary restraints are used, or if the resident is consistently isolated.

Poor hygiene and unsanitary conditions are a sign of abuse or neglect.  Clean clothing and linens should be expected at all times.  A strong smell of feces or urine indicates sanitary problems and is not the normal smell of a nursing home.  Illinois nursing home negligence lawyers also advise watching out for signs of malnourishment, dehydration and weight loss that are not illness related.  Recurrent bed sores, wounds that heal slowly and chronic infections indicate the resident is not properly being cared for.

If you have any suspicions you or a loved one is a victim of Illinois nursing home neglect, contact a Chicago nursing home abuse attorney today.  Protecting elderly and ill residents in nursing homes is a top priority.  Competent lawyers can help investigate the situation further and seek justice for anyone who has suffered or is suffering from neglect or abuse.

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