In the previous post, Illinois nursing home negligence lawyers discussed nursing home inspections and regulations.  In this post, the survey and inspection process will be discussed in greater detail.  Education about the nursing home system in Illinois is one way to help prevent Illinois nursing home neglect.

According to the Illinois Department of Health, Illinois has around two hundred surveyors.  These surveyors utilize a team approach when conducting inspections.  The team generally consists of a registered nurse, a nutritionist and an environmental health practitioner.  Some teams will use other professionals such as a life safety code expert.  If the allegation of the complaint is in a particular area, surveyors with expertise in that area will be used.

Surveys are generally conducted over three or four days.  All aspects of resident care, procedures and practices are evaluated.  The nursing homes are assessed for compliance for more than 1500 state and federal standards.  Some of the areas of care evaluated include:

• Health care services
• Dietary Services
• Housekeeping
• Resident rights
• Quality of care
• Staffing
• Quality assurance
• Assessment and care plans
• Access to care

According to a Chicago nursing home abuse attorney, the evaluation can also include an inspection of medical records, all areas of the nursing homes, observation of resident care and interviews with residents, staff or family members.  Statistical data reported by nursing homes is often used to assist the evaluation.  Information included in statistical data could be personnel changes, alleged or suspected crimes, fires, deaths, disasters, or other risks to resident life.

Nursing homes are inspected once every six to fifteen months.  An inspection in response to a complaint of Illinois nursing home neglect or abuse is generally shorter in duration than licensure surveys.  If additional issues are uncovered, a full inspection may follow.  Inspections are done without notice to the facility and may occur on weekdays, weekends and even holidays.  If the survey determines the nursing home does not comply with all state and federal standards, it will be cited for deficiencies.

If you have questions about surveys or inspections in Illinois, nursing home negligence lawyers can provide additional information.

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Understanding the process of Illinois nursing home inspections and regulations can help prevent you or a loved one from being a victim of Illinois nursing home neglect.  Nursing homes and other long-term care facilities are required to meet mandatory Illinois state standards that set the requirements and minimum levels of care that must be provided to all residents.  Facilities are required by law to comply with these standards and provide the highest quality of care possible.  Unfortunately, Illinois nursing home negligence lawyers say this isn’t always the case.

Survey teams are sent to inspect and evaluate whether facilities meet the standards.  If they do, the teams certify their success in meeting specific care standards.  Facilities that fail to meet the standards are subject to enforcement actions or fines as Chicago nursing home abuse attorneys discussed in the previous post.

When a nursing home is cited for a deficiency, they are given a penalty letter which identifies the specific violation(s) and reason(s) for enforcement action.  Nursing homes have the right to dispute the penalties and can ask to discuss the accuracy of findings.  Nursing homes can also request a formal hearing before an administrative law judge to appeal deficiencies.  The State Department of Health and the nursing home may agree to a settlement at any time before or during the hearing.

Money collected from violations on standards are put in a special fund used by the Illinois Department of Public Health to monitor health care facilities.  This fund allows the IDPH to monitor facilities not in compliance and to help protect residents from receiving inadequate care and being a victim of Illinois nursing home neglect.

If you believe you or a loved one is residing in a facility that is in violation of state or federal standards, contact a Chicago nursing home abuse attorney immediately.

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In the state of Illinois, nursing home neglect is on the rise.  Many nursing homes have been cited for violations, yet enforcement on the violations is weak.  All long-term care facilities need to be held accountable for violations and make appropriate corrections.

The Illinois State Department of Health can impose fines, appoint a temporary manager, curtail admissions, suspend or revoke a nursing home’s license, close a facility, issue a provisional license among other remedies for violations of statutes as provided by state or federal law.  According to Illinois nursing home negligence lawyers, many nursing homes are given the opportunity to correct less serious issues without penalty or fines.

Chicago nursing home abuse attorneys have found the most common penalty imposed by the Department of Health is a $10,000 per violation civil monetary fine.  Federal standard’s fines can range from $50 to $10,000 daily.  The Illinois State Department of Health can only impose state fines.  It must recommend to CMS for a federal fine to be imposed.  CMS either modifies or waives the recommended fine depending on how the particular facility cooperated with the cited deficiencies.

Nursing homes with repeat or severe violations of licensing standards and Illinois nursing home neglect can have their Medicare or Medicaid certification suspended or revoked by CMS.  When the facility is under this sanction, they do not receive reimbursement for services given to residents on these programs.  Because many residents are on one of these programs, the cost to the nursing home can be astronomic.

Nursing home violations need strict enforcement for change to occur.  Illinois nursing home negligence lawyers believe proper oversight of nursing home facilities can protect our loved ones from neglect and abuse.

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Recently, a nursing home rating system was launched for consumers to be able to view nursing home ratings by the United States government.  The validity of the ratings have been heavily debated and many reviews have been conducted.  Illinois nursing home negligence lawyers say it’s no blockbuster, yet it isn’t a flop either.

The website for viewing information on nursing home staffing, allegations of nursing home neglect and state inspections allow consumers to review details about nursing homes.  Some consumer groups are advocating for additional details about inspection results such as how staffing hours are calculated.  Other complaints have surfaced stating the nursing homes may not get credit for the care they actually provide and some important categories are not addressed.

The nursing home industry has stated the grading system is misleading.  They urge consumers to remember that just because an allegation of abuse or neglect is made does not mean it is substantiated.  The nursing home industry tried desperately to delay the website’s roll out says Chicago nursing home abuse attorneys.

Currently, the website receives over fifty thousands hits per day.  The impact of the site is still unclear.  Many people and potential residents are unaware it exists.  Gerald Kasunic, a long-term-care ombudsman stated, “Right now, many people making decisions about homes are in a crisis and pressed to make an immediate decision, and some simply don’t know that the ratings exist online.”

If you have any questions about Illinois nursing home neglect, contact a Chicago nursing home abuse attorney today.  Nursing home ratings are one step towards protecting loved ones from horrific incidences of abuse and neglect.

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If you or a loved one has faced threats of eviction in an assisted living facility or any type of residential care facility, Illinois nursing home negligence lawyers can help.  Residents have many laws on their side, and knowing these laws and rights can protect you or your loved one from being wrongfully evicted.

Only under certain circumstances can a resident be evicted according to Chicago nursing home abuse attorneys.  The following items are grounds for eviction in an assisted living facility:

1) Failure to comply with state or local laws such as assault/battery, drugs, etc…
2) Failure to pay rent within ten days of the due date
3) Failure to follow the facility’s written procedures and policies.  These procedures and policies must be written in the admissions agreement.
4) The facility changes it’s purpose and will no longer be providing assisted living care.
5)After a formal assessment by a physician, the facility determines that it cannot properly meet the resident’s needs.

If any of these items pertain to you or a loved one, the facility cannot just throw you out on the streets according to Illinois nursing home negligence lawyers.  They must give you thirty days written notice of their intend to evict if you have lived there less than a year.  If you have lived there longer than a year, they must give you a sixty day written notice.
The written notice must state with clear detail the reason you or a loved one is being evicted.

Contact a Chicago nursing home abuse attorney if you feel you have been evicted unlawfully, or if you have received a written notice and you do not believe one of the previous items were grounds for rightful eviction.  Skilled and compassionate Illinois nursing home negligence lawyers will work hard to prevent you from being evicted or a victim of Illinois nursing home neglect.

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Recently, the United States Court of Appeals 3rd Circuit ruled that residents of county-operated nursing homes can bring a civil rights claim for allegations of care-related complaints, abuse or Illinois nursing home neglect.  This right is under the Federal Nursing Home Reform Amendment.  Chicago nursing home abuse attorneys agree that this right is an important step in helping protect senior citizens from suffering needlessly.

The right to bring forth a civil right claim arose after a case involving a resident died in a county-run long-term care facility.  He was eighty years old and suffered severe pressure ulcers and malnourishment.  Malnourishment and pressure ulcers are two conditions that can be prevented with proper care.  The surviving family members pursued legal action and a civil rights claim.

When Illinois nursing home negligence lawyers represent victims of abuse and neglect, they often use provisions of the Federal Nursing Home Reform Amendments to help protect against Illinois nursing home neglect which was passed in 1987.  The main goal of the FNHRA is to address the growing concern over nursing home care.

The provisions of the Federal Nursing Home Reform Amendments clearly state that nursing homes must provide a basic level of service and care for residents and Medicaid patients.  The FNHRA guarantees nursing home residents the right to be free from physical abuse, involuntary seclusion, restraints and corporal punishment for the purpose of convenience or discipline.

Preventing Illinois nursing home neglect is not an easy task.  The right to file a civil rights claim is a step in the right direction.  Contact a Chicago nursing home abuse attorney for additional information or if you feel a loved one is in danger of being a victim of neglect or abuse in a long-term care facility.

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Pressure ulcers are a painful yet preventable condition that many residents in long-term care facilities suffer from.  If someone you love has suffered from pressure ulcers (also known as bed sores), consider contacting a Chicago nursing home abuse attorney.  This preventable condition may be a sign that Illinois nursing home neglect is taking place.

According to Illinois nursing home negligence lawyers, this preventable condition has four general stages.  Stage one is the first sign of an impending ulceration with the skin still intact.  Stage two involves a partial-thickness loss of skin.  A lesion may present as an abrasion, superficial ulceration or blister.  Stage three involves a full-thickness loss of skin.  It extends into the tissue beneath the skin.  The lesion presents as a crate with or without undermining of adjacent tissue.  Stage four involves a full-thickness loss of skin and subcutaneous tissue.  It extends into the bone, muscle, tendon or joint capsule.

Pressure ulcers can quickly progress from Stage One to Stage Four.  If one develops, it must be kept clean.  Surgery is often necessary, requiring the removal of dead tissue.  In severe cases, reconstructive surgery might be necessary.  If the infection spreads, amputation may be required.  Pressure ulcers become life-threatening if advanced sepsis develops.
Pressure ulcers are a serious condition.  Illinois nursing home negligence lawyers have represented numerous victims of this painful condition.

If you or a loved one has suffered from a pressure ulcer or bedsore, contact a Chicago nursing home abuse attorney.  Pressure ulcers can be prevented with proper care and therefore are a sign of neglect.

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In Chicago, nursing home abuse attorneys are aggressively advocating for quality care in nursing homes and other long-term care facilities.  When a resident becomes a victim of Illinois nursing home neglect, their families often have little recourse other than seeking legal representation.

Private lawsuits against long-term care facilities have become an effective course of action and Illinois nursing home negligence lawyers are a strong ally for families seeking restitution.  Personal injury cases involving neglect or abuse are provided special consideration under the law.  Illinois nursing home neglect is rampant due to a system that lacks prosecution and oversight.  Often times, tactics are used to silence family members who have concerns or who are aggressive about pursuing action.

If you suspect abuse or neglect of a loved one, contact an experienced Chicago nursing home abuse attorney.  Simply voicing concerns to the facility’s administrator is not enough to protect your loved one.  Experienced and compassionate attorneys can help investigate the suspicions further and help you find justice.

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If you live in Illinois, nursing home neglect may be an issue you have heard about in the news.  When faced with the decision of placing a loved one in a nursing home, many issues must be considered.  An estimated 30-50% of long-term care facilities have been found to provide inadequate care.  How can you prevent a loved one from being a victim of neglect or abuse?

Laws are in place to help protect your loved ones and Illinois nursing home negligence lawyers are compassionate and dedicated to keep nursing homes accountable for sub-standard care.  Long-term care is governed by state and federal laws.  Many residents and family members are unaware of the comprehensive care plan.  By law, family members must participate in the care plan.

Nursing homes must develop an individualized plan of care for each resident with the goal of maintaining the resident’s highest practicable physical and mental well-being.  Chicago nursing home abuse attorneys can help you review a comprehensive care plan to ensure you are setting up your loved one to receive quality care.

The comprehensive care plan must be constructed within seven days of the completion of the comprehensive assessment, required by law upon admission into a long-term care facility.  The care plan is developed by the attending physician, a registered nurse, and other appropriate staff members in the facility.

The comprehensive care plan’s main goal is to avoid nursing home abuse.  Illinois nursing home neglect can be difficult to prevent which is why many Illinois nursing home negligence lawyers are advocating for change.  Understanding the guidelines for the comprehensive care plan is one step in protecting your loved ones and ensuring they receive quality care.

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Sadly, Illinois nursing home neglect has become increasingly common.  If you live in or around Chicago, nursing home abuse attorneys are very knowledgeable about the Illinois Nursing Home Care Act and it’s guidelines.  They are dedicated to improving the quality of care in Illinois and preventing residents from neglect and abuse.

The Illinois Nursing Home Care Act allows a resident to recover actual damages suffered as a result of “abuse” or “neglect.”  Actual damages are also known as compensatory damages and include medical expenses incurred, expected expenses and attorney fees for Illinois nursing home negligence lawyers.

A Chicago nursing home abuse attorney defines “Abuse” and “Neglect” as it pertains to the Illinois Nursing Home Care Act:

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.”

If you or a loved one has been the victim of an intentional or negligent act in a nursing home, a compassionate Illinois nursing home negligence lawyer can help pursue justice.  Residents of nursing homes deserve to be treated with dignity and respect.

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