Sadly, hundreds of residents residing in Illinois in long-term care facilities become victims of Illinois nursing home neglect every year.  Many of these residents and their family members are not even aware they are a victim.  The first step in preventing neglect and abuse is becoming educated about resident rights in nursing homes and other long-term care facilities.  In this post, Illinois nursing home negligence lawyers will help educate residents and their families on rights they are entitled to.

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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Illinois nursing home negligence lawyers have been working diligently to protect residents in nursing homes from abuse and neglect.  Often times family members who suspect Illinois nursing home neglect contact lawyers with questions on how to proceed.  In this post, experienced Chicago nursing home abuse attorneys will offer advice on what to do if you suspect a loved one is the victim of abuse or neglect.

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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Medicare benefits can be confusing to many nursing home residents in Illinois.  Nursing home negligence lawyers will discuss helpful facts about Medicare coverage in relation to nursing home care.  Financial worries can overwhelm many residents and it is important to understand your rights and coverage under Medicare.

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 response to reports of neglect in nursing homes throughout the United States, Congress enacted legislation to require nursing homes participating in the Medicare and Medicaid programs to comply with certain requirements for quality of care.  Nursing homes that receive any federal funding must comply with federal legislation according to Illinois nursing home negligence lawyers.  All states must comply with federal regulations and some have adopted stricter state laws.  Illinois has adopted stricter laws with a goal of protecting residents from being victims of Illinois nursing home neglect.

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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Illinois nursing home neglect affects thousands of elderly residents every year.  Caregivers and nurses can experience stress at levels that lead to neglect and elder abuse.  In some cases, neglect is unintentional explains a Chicago nursing home abuse attorney.  Staff members pushed beyond their capabilities or psychological resources may not intentionally strike, yell at or ignore needs of residents.  Identifying risk factors can help prevent Illinois nursing home neglect before it happens.

Nursing home staff members may be more likely to neglect or abuse residents if they lack training, are unsuited for the job, have too many responsibilities or work under poor conditions.  Taking care of elderly residents can be satisfying and enriching yet the demands and responsibilities can take their toll.  The stress of taking care of elderly residents can lead to physical and mental health problems that turn caring friendly nurses to burned out, impatient  individuals, lashing out at
residents.  Illinois nursing home negligence lawyers offer the following list as potential risk factors for Illinois nursing home neglect:

• Depression
• Lack of support from co-workers and administration
• Substance abuse
• Inability to cope with stress
• A perception that taking care of elderly residents is burdensome

In addition, risk factors exist among elderly residents as well that does not excuse abuse but can increase the risk for Illinois nursing home neglect.

• The resident’s tendency to physical or verbal aggression
• The intensity of the resident’s illness or dementia
• Social isolation
• The resident’s role at an earlier time, as an abusive parent or spouse

Chicago nursing home abuse attorneys are dedicated to protecting nursing home residents from being victims of neglect or abuse.  Although risk factors can be subtle, becoming familiar with situations that can escalate to abuse is crucial to keeping loved ones protected.

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Restraints are often used in nursing homes as a temporary measure in providing needed medical treatment.  When used without necessity, restraints can be a form of Illinois nursing home neglect.  Applying physical restraints routinely or for prolonged periods should be avoided whenever possible.  Recent research suggests that restraints are more likely to cause harm than prevent harm.

Illinois nursing home negligence lawyers have found through past cases that restraints can cause strangulation or lead to muscle and bone weakness.  Restrained individuals often feel humiliated or become depressed, withdrawn or agitated when freedom of movement is taken away from them.

Restraints can increase the risk of falls and other serious injuries according to Chicago nursing home abuse attorneys.  Studies have consistently demonstrated that there is no increase in serious injuries when less restrictive safety measures are used in place of physical restraints.  Many alternatives to restraint use exist and include:

• Use of positioning devices such as padded furniture or body and seat cushions
• Design of the physical environment to allow for close observation by staff
• Personal rehabilitation and strengthening program
• Use of door alarms for residents with a risk of wandering
• Use of chair or bed alarms to signal staff when a resident needs assistance
• Regular attention to physical and personal needs
• Use of personal assistance devices such as visual aids, hearing aids or mobility devices
• Efforts to increase staff awareness of a resident’s needs

If you feel a loved one is being restrained unnecessarily and you live in the state of Illinois, nursing home negligence lawyers can be of assistance.  Excessive use of physical restraints can be a sign of Illinois nursing home neglect and should not be tolerated.

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Many people are unaware of Adult Protective Services (APS).  These services aim to ensure the safety and well-being of elders and adults who are in danger of being neglected or abused.  Many elderly residents in nursing homes are unable to take care of themselves or protect themselves from harm.  Illinois nursing home negligence lawyers and APS are dedicated to protecting residents from being victims of Illinois nursing home neglect.

APS caseworkers are often first responders to reports of neglect or abuse of vulnerable adults.  In addition to casework services, APS also can arrange for medical, economic, social, legal, law enforcement, housing and emergency services.  Additional services include investigating reports, monitoring and evaluating cases of vulnerable adults.

What defines a vulnerable adult is a questions Chicago nursing home abuse attorneys have been asked.  A vulnerable adult is defined as “a person who is being mistreated or is in danger of mistreatment and who, due to age and/or disability is unable to protect himself or herself.”

Additional Adult Protective Services include:

• Developing a case plan
• Assessing a victim’s risk
• Receiving reports of adult abuse, neglect and/or exploitation
• Investigating received reports
• Assessing the victim’s capacity to understand his or her risk
• Service monitoring
• Evaluation
• Arranging for legal assistance

Adult Protection Services is dedicating to protecting our beloved loved ones.  If you or a loved one has been the victim of neglect or abuse in Illinois, nursing home negligence lawyers with extensive experience are dedicated to pursuing justice and holding responsible parties responsible.

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Many pressure sores can be prevented according to Illinois nursing home negligence lawyers.  Many sores that have already formed can also be properly treated so they do not get worse.  Precautions can be taken by caregivers to help prevent bedsores.  Every resident’s individual circumstances are different, which must be taken into consideration by staff members when developing a plan of care.  Bedsores can indicate you or a loved one is a victim of Illinois nursing home neglect.

Chicago nursing home abuse attorneys offer the following precautions which nursing home staff should, but all too frequently fail to undertake:

1. The resident should be bathed properly
2. A thorough and systematic assessment should be conducted to evaluate a resident’s risk for developing a bed sore
3. Reassessments should be conducted periodically for determining risk
4. Proper nutrition and hydration should be maintained
5. The resident should be bathed properly
6. Frequent repositioning of the resident should be done to relieve pressure
7. Incontinence should be treated and assessed to prevent skin moisture from developing into a bedsore
8. Support devices should be used appropriately to relieve pressure from troublesome area
9. Lifting techniques and devices should be used when necessary to avoid shear and friction related injuries
10. When positioning residents in chairs or wheelchairs, balance, stability, pressure relief and distribution of weight should be evaluated
11. Thorough education should be given to the caregivers, resident, and family members or loved ones on preventing bedsores.

A customized plan is crucial to prevent bedsores in residents explains Illinois nursing home negligence lawyers.  Each resident has a unique set of risk factors which should be evaluated when determining the plan of care.  If you or a loved one is suffering from bedsores in a nursing home, and feel the nursing home staff members failed to properly implement a prevention plan of care, contact a Chicago nursing home abuse attorney immediately.  Bedsores can often be prevented and therefore is a warning sign that Illinois nursing home neglect is taking place.

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Sadly, Illinois nursing home neglect happens all too frequently.  Often times, family members suspect abuse yet fail to trust their instincts and investigate further.  Many nursing home residents who are victims do not report the problem.  If you visit a loved one in a nursing home and see signs of neglect or abuse, contact a Chicago nursing home abuse attorney immediately.  He or she can help identify signs of neglect and proceed legally for justice.  In this post, Illinois nursing home negligence lawyers will give indicators of neglect in nursing homes.

Indicators of physical abuse may be discoloration or bruising of the wrists, inner arms or thighs, choke marks, old and new bruises or suspiciously shaped bruises.  If your loved one has cuts, burns, scratches, unexplained bleeding or deep lacerations, it is imperative to ask questions and investigate further.  Subtle indicators of abuse are drowsiness, drooling, vacant staring or dry, cracked lips.  These subtle indicators may indicate over-medication.

The following signs may indicate Illinois nursing home neglect is taking place:

• Rapid weight loss due to dehydration or malnutrition
• Unkempt appearance such as dirty or uncut fingernails, torn clothing, or knotted hair
• Inadequate dental or personal hygiene
• Bedsores
• Signs of feces or urine on residents’ clothing and bedding
• Limited staff members or residents left unattended in hallways or bathrooms

Mental abuse is another form of neglect.  Contact a Chicago nursing home abuse attorney if you see indicators of fear, anxiety, depression, helplessness, withdrawal, non-responsiveness, anger, agitation or any hesitation to talk openly.

Illinois nursing home negligence lawyers urge family members and other loved ones of residents to take action if indicators of Illinois nursing home neglect or abuse are witnessed.  Many residents do not understand what is happening.  Residents have the right to dignified treatment and care.

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Burns in nursing homes are becoming a common occurrence according to Illinois nursing home negligence lawyers who have represented many victims of Illinois nursing home neglect.  As people age, skin becomes thinner and more sensitive to touch.  Many residents in nursing homes have slow reaction times to pull away from something that is to hot.  In many instances, a burn occurs because the resident does not have the ability to pull away.

A number of scenarios can take place that cause burns but most burns involve hot water in bathtubs or showers.  A staff member may be too tired, careless or lazy to check the temperature of a bath.  A resident should never be blamed for this type of burn for the responsibility lies on nursing home staff members to ensure the water is not too hot.

Water temperature over 120 degrees can cause third degree burns according to a Chicago nursing home abuse attorney. Water temperature over 140 degrees can cause serious damage in less than five seconds.  Thermal burns are also frequent due to the misuse of hot packs.  Regardless of what caused a burn, the underlying reason is Illinois nursing home neglect and should not be tolerated.

Staff members have a duty to monitor residents when taking a bath or using a hot pack.  Devices are available to help avoid burns from taking place.  For example, anti-scald devices can automatically turn water off if the temperature exceeds 120 degrees.  In past cases, burns can lead to other traumatic events such as a slip and fall or broken bones.  If a resident is injured trying to get out of a high temperature bathtub, legal action can be taken.  Illinois nursing home negligence lawyers are dedicated to protecting residents in nursing homes and should be contacted immediately if you or a loved one has been the victim of a burn accident.

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