As a resident, you have the right to the following:

• The right to stay in your facility:  You have the right to live in your facility unless you are found to be dangerous to yourself or others, if you have not paid your bill, or if your facility closes.

• Personal property rights:  You have the right to keep and wear your own clothing as long as it is appropriate.  You may also use your own property unless it is a hazard for the safety and health of other residents.

• Medicare and Medicaid rights:  You have the right to be given a contract that explains services provided and their cost.  According to Chicago nursing home abuse attorneys, the contract must say which expenses are not included as part of the regular rate.

• Rights as a citizen:  You do not lose your rights as a citizen of the United States, including freedom of religion, voting rights, and the right to meet an member of the general public who comes to your facility.

• The right to safety and good care:  The facility must provide services to keep your physical and mental health at their highest possible level.  You must not be a abused by other residents or staff members physically, mentally, verbally or sexually.  Illinois nursing home neglect is not excused for any reason.

• The right to privacy:  Your medical and personal care must be kept private.

• The right to participate in your own care:  Your facility must make arrangements to meet your needs and choices, and develop a written care plan outlining services that will be provided.

• Financial rights:  You have the right to manage your own money.  Your facility may not require you to allow them to manage your own money.  You have the right to view your financial record at any time.

In Illinois, nursing home negligence lawyers work tirelessly in the hopes they will put an end to Illinois nursing home neglect.  If you feel any of the rights covered in this post have been violated, contact a Chicago nursing home abuse attorney immediately.  If you or a loved one has been abused, skilled and dedicated attorneys can help you receive deserved compensation.

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The Long-Term Care Ombudsmen program protects, advocates and defends residents by:

• Resolving complaints
• Informing residents and their families of their rights
• Advocating for good individualized care
• Providing information on residents needs and concerns to their families, facility staff and their community

According to Chicago nursing home abuse attorneys, the Ombudsman program is available to any resident in a long-term care facility, along with friends and relatives of residents.  Staff members and administrators can also use the program as well as individuals and families considering nursing home placement.  The Ombudsman program offers support to the entire community and any interested groups concerned with the welfare of long-term facility residents.

The Illinois Department on Aging defines a resident as “A personal 60 or older who is either a current resident, a prospective resident or a former resident of a long-term care facility.”  When contacted, an Ombudsman will listen to all concerns, keep the information confidential, seek to resolve the problem and involve the resident and/or family in the investigation and resolution.

Illinois nursing home negligence lawyers recommend contacting an Ombudsman if you have a problem or concern, to seek information about long-term care facilities and to get answers to any questions you may have about facility services or standards, medical coverage, resident rights or transfer and discharge.  Ombudsman are dedicated to protecting residents from being victims of Illinois nursing home neglect.

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Before organizing a family counsel, Chicago nursing home abuse attorneys recommend contacting the social worker and administrator of the nursing home to enlist their support.  Offer to give a presentation of the idea at a staff meeting so that all nursing home personnel will understand your goals and not feel threatened.

The next step is planning an initial meeting with family members and friends.  This step will help determine if loved ones are interested in having a council.  If so, the process of organizing can begin.  Nursing homes are often willing to send out invitations to family members.  Follow up the invitations with a phone call and post notices in the nursing home.

The introductory meeting for the family council should include a presentation, organization and the selection of officers explains an Illinois nursing home negligence lawyer.  The presentation should include an explanation of family councils, their purpose, importance and organization.  During the organization step, the decision should be made on whether attendees want a family council.  If the decision is yes, the next step is selecting officers.  The families may not know each other at this stage, and it might be a good idea to start with temporary volunteer officers.  Chicago nursing home abuse attorneys recommend a chair (president), a vice-chair, a secretary and a treasurer.

Next, a decision must be made on the basic structure of the family council.  Generally, family councils use either a group or committee structure.  A group structure is used if the council is small.  All family members are invited to meetings where the planning and decision-making is carried out during the meetings.  If the council is large, a committee structure is often used.  An executive committee is selected to plan and make decisions that could be difficult or time consuming to deal with in the full council.  The committee needs to make efforts to get input from other members and keep everyone involved.

The importance of family councils cannot be understated according to Illinois nursing home negligence lawyers.  Family members and loved ones must take proactive steps to ensure high quality care for nursing home residents and to help prevent Illinois nursing home neglect.

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Illinois nursing home negligence lawyers describe the main purposes for having a family council as:

1)    To protect and improve the quality of life in the long-term care facility
2)    To give families a voice in decisions that affect them and their loved ones
3)    To offer support, education and information for families
4)    To facilitate action on concerns and complaints

Family councils allow members to offer each other support, encouragement and information explains a Chicago nursing home abuse attorney.  Many loved ones of residents often feel helpless without support of other individuals who know exactly how difficult it can be to place a loved one in a long-term care facility.  Family councils leave members feeling less isolated and powerless.

Studies have shown repeatedly that residents receive better care and are less likely to become victims of Illinois nursing home neglect when families and friends visit and are involved.  Family councils can also protect residents who are unable physically to voice their individual concerns and needs.

Nursing homes also benefit from family counsels in Illinois.  Nursing home negligence lawyers explain that councils allow administration and staff to deal directly with family concerns and ideas.  They can also convey needed information to families and help decrease resident and staff turnover by creating workable ways to deal with family dissatisfaction.  Family councils allow staff, administrators and families the opportunity to establish meaningful lines of communication.  Chicago nursing home abuse attorneys strongly recommend family councils for all nursing home residents.

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The following list includes examples of quick remedies for nursing home abuse and neglect:

• Visit frequently at different times of the day and night, including weekends and holidays
• Talk to nurses and aides about any concerns
• Discuss your concerns with the Administrator, Director of Nurses or Social Worker
• Talk to the doctor
• Call the ombudsman
• Call your state survey agency
• File a complaint with the State Licensing and Certification

Family members of nursing home residents are often concerned that if they make a complaint to the nursing home, the facility may retaliate against their loved one.  If you have the same fear, express these concerns to the licensing agency.  They can help protect your loved one if he or she still resides in the same nursing home facility.  Moving your member to another facility is another option to keep him or her safe from Illinois nursing home neglect.

Issuing a complaint to the any state health department can be made orally or in writing according to Illinois nursing home negligence lawyers.  Generally, an on-site visit to the nursing home for investigation will take place within ten working days of the notice.  No advance notification can be given to the nursing home by law.

When an inspector conducts an investigation, he or she will evaluate all available evidence and determine whether the complaint is substantiated or unsubstantiated.  The complainant will be notified of the determination in writing and may receive a citation.  The complainant may request an informal hearing if the complainant is dissatisfied with the determination.

Another option is to pursue civil litigation and to take private legal action against the nursing home in court.  Time limitations exist in each state.  Consult a Chicago nursing home abuse attorney for additional guidance on how to proceed with legal action.  Illinois nursing home neglect is unacceptable.

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An estimated 40% of long-term care environments provide sub-standard care throughout the state of Illinois.  Nursing home neglect is a direct result of sub-standard care.  Education about rights and guidelines in nursing homes can help protect you or your loved ones.  Illinois nursing home negligence lawyers are advocating aggressively for change; however, you can help your loved one receive the care he or she deserves.

You may be unaware that residents and family members must participate in the “New Resident Care Plan.”  Nursing home staff members are required to develop an individualized plan of care with a goal of attaining the resident’s highest practicable psychosocial, mental and physical well being.  This comprehensive plan of care must be developed within seven days of admission according to a Chicago nursing home abuse attorney.

The comprehensive care plan is designed to avoid Illinois nursing home neglect but it is not a guarantee that your loved one will avoid all abuse or negligence.  Many federal and state laws exist to protect residents in long-term care environments.  Sadly, many facilities disregard regulations.  Placing a loved one in a nursing home can be a difficult decision.  Having a skilled Illinois nursing home negligence lawyer review the contract and comprehensive care plan can help your loved one avoid becoming a victim of neglect or abuse.

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Recent studies indicate financial responsibility and visitation rights are violated most frequently.  In this post, Chicago nursing home abuse attorneys will list common violations of nursing home contracts.

• A nursing home resident has the right to be visited by a family member at any time.
• A nursing home may not require residents to deposit their personal funds with the facility.
• The Nursing Home Reform Law prohibits a nursing home from requiring a third party guarantor as a condition of a resident’s admission or continued stay.
• The Nursing Home Reform Law requires a facility to provide the care necessary for a resident to “attain or maintain the highest practicable physical, mental, and psychosocial well-being.”

If you see statements such as “The facility reserves the right to limit any or all visitors,” or “Regular daily visiting hours are from __ to __” the nursing home is violating the law.  Visitation hours have become an industry standard but Illinois nursing home negligence lawyers state this is a violation.

Regarding depositing personal funds, any statement such as “It is the policy of the facility to complete a Representative Payee form to the Social Security Administration requesting the resident’s Social Security income be directly sent to the facility” is unlawful.  Additional statements such as, “I authorize Facility to request and be named Payor on my Social Security checks” is unlawful.  Nursing homes cannot require residents to deposit their personal funds with the facility.  If you have seen statements such as these, contact a Chicago nursing home abuse attorney immediately.

Third party guarantors cannot be required as a condition of a resident’s admission or continued stay.  Contracts stating ‘Responsible Party’ as an emergency contact are often signed by family members who therefore accept full financial responsibility for the resident.  If a nursing home holds the ‘Responsible Party’ liable for money, it is a violation of law.
The fourth violation listed above involves providing care.  Nursing home contracts will often state that although they do their best to provide reasonable care, conditions beyond their control may interfere with care.  Contracts will attempt to immune the facility for quality of food, safe conditions, lack of staffing, falls, bedsores, and other potential forms of Illinois nursing home neglect.

Chicago nursing home abuse attorneys recommend potential nursing home residents to educate themselves and to be vigilant when reviewing contracts.  Illinois nursing home neglect is unacceptable as are violations of nursing home contracts.

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According to a Chicago nursing home abuse attorney, Medicare does not pay for most nursing home care; however, residents will still be able to get Medicare-covered benefits while living in a nursing home.  Medicare Part B covers preventative services and other benefits such as the yearly flu shot.

Many residents first stay in a nursing home following a hospital stay.  Illinois nursing home negligence lawyers have represented victims who felt they were asked to leave the hospital too soon.  Your Quality Improvement Organization (QIO) can provide a review on your specific case during your hospital stay.

Upon being admitted to a hospital, you should receive a copy titled “An Important Message About Medicare Rights:  Admission, Discharge and Appeals.”  The telephone number for the QIO will be within this information.  If the hospital gives you a written “Notice of Non-Coverage,” contact the QIO for a review.  The review may take up to three business days but you will not be required to pay for your hospital stay during this time.  If the hospital tries to charge you, contact a Chicago nursing home abuse attorney.

If you have been released from the hospital and require Medicare-covered skilled nursing care, make sure you are in a Medicare-certified nursing home.  In addition, ask the nursing home staff if they can provide the skilled care you need.  Chicago nursing home abuse attorneys recommend using the following link for additional information on skilled nursing facility care: www.medicare.gov

If you have additional questions regarding Medicare benefits in a nursing home, or if you have concerns about Illinois nursing home neglect, contact a skilled and compassionate Illinois nursing home negligence lawyer today.

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In order to participate in Medicare and Medicaid programs, nursing homes must be in compliance with the United States Code of Federal Regulations.  In this post, Chicago nursing home abuse attorneys will highlight some of these regulations.

Under the regulations, nursing homes must have sufficient nursing staff.  Each resident’s functional capacity must be assessed comprehensively and accurately.  Each resident must have a comprehensive plan of care.  In addition, nursing homes must provide if a resident is unable to carry out activities of daily living, the necessary services to maintain good nutrition, grooming and personal hygiene.  The home must prevent the deterioration of a resident’s ability to bathe, dress, groom, transfer and ambulate, toilet, eat and communicate.    Federal regulations also state that residents must be ensured proper treatment and devices to maintain vision and hearing abilities.

Illinois nursing home negligence lawyers have represented numerous individuals who have suffered from pressure sores.  Federal regulations specifically state that nursing homes must “Ensure that residents do not develop pressure sores and, if a resident has pressure sores, provide the necessary treatment and services to promote healing, prevent infection, and prevent new sores from developing (42 CFR 483.25).

The following list further provides examples of federal regulations:

• Provide appropriate treatment and services to incontinent residents to restore as much normal bladder functioning as possible. (42 CFR §483.25)
• Ensure that the resident receives adequate supervision and assistive devices to prevent accidents. (42 CFR §483.25)
• Maintain acceptable parameters of nutritional status. (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)
• Promote each resident’s quality of life. (42 CFR §483.15)
• Maintain dignity and respect of each resident. (42 CFR §483.15)
• Ensure that the resident has the right to choose activities, schedules, and health care. (42 CFR §483.40)
• Provide pharmaceutical services to meet the needs of each resident. (42 CFR §483.60)
• Be administered in a manner that enables it [the nursing home] to use its resources effectively and efficiently. (42 CFR §483.75)
• Maintain accurate, complete, and easily accessible clinical records on each resident . (42 CFR §483.75)

If your rights have been violated under these federal regulations or you suspect a loved one has been a victim of Illinois nursing home neglect, contact an experienced Chicago nursing home abuse attorney immediately for a free consultation.

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Three main steps to preventing abuse and neglect are:

1. Listening to residents, their nurses or caregivers
2. Intervening when you suspect neglect or abuse
3. Educating others about how to recognize Illinois nursing home neglect

If you are a nurse or caregiver and are overwhelmed by the demands of caring for an elder request help from friends, relatives or local respite care agencies.  Do your best to stay healthy and get medical care when necessary.  Applying stress reduction practices, seeking counseling for depression, and finding a support group can be extremely helpful.  Chicago nursing home abuse attorneys stress to get help immediately if you are having problems with drug
or alcohol abuse.    If you have a loved one in a nursing home, watch for warning signs that may indicate Illinois nursing home neglect.  Report any abuse, even if you feel it is a small suspicion.  Keep an eye on your loved one’s medications and
observe if the amount matches the date of the prescription.  Watch for financial abuse.  Ask your loved one if you can help monitor bank accounts and credit card statements for any unauthorized transactions.  Call and visit as often as you can.

If you are not in a position to directly help an elderly resident, you can volunteer or donate money to the cause of educating people about nursing home neglect.  You can help lobby to strengthen Illinois state laws and policing so that abuse and neglect among elderly citizens can be investigated and prosecuted.  Contact an Illinois nursing home negligence lawyer for further information or if you suspect a loved one has already been a victim of Illinois nursing home neglect.

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