The Long-Term Care Ombudsman Program protects and promotes the rights and quality of life for people who reside in long-term care facilities in Illinois.  Nursing home negligence lawyers support the work of the Ombudsman who have a hands-on working relationship with residents and staff members of these facilities.  The Long-Term Care Ombudsman Program is mandated by the Federal Older Americans Act and is helping prevent cases of Illinois nursing home neglect.

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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In the previous post, Illinois nursing home negligence lawyers discussed the importance of family councils for residents in long-term care facilities.  Family councils are an important tool in preventing Illinois nursing home neglect.  In this post, additional information will be offered on how to organize a family council.  Every family council is different according to the needs and interests of its members; therefore, there are no hard or strict rules on organizing and running a council.  The effectiveness and ongoing success of a family council can be a direct result of the initial organizing.

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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Effective family councils benefit residents, families and the long-term care facility in which they are involved.  A family council is a group composed of friends and family members of a resident.  Generally, the council consists of 5-10 members who meet monthly at the nursing home.  In Illinois, nursing home neglect is a huge problem and family councils are an important tool to protecting loved ones in a nursing home.

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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If you live in Illinois, nursing home neglect may have been featured on the news.  If you are faced with the decision of placing yourself or a loved one in a nursing home, how do you know who to trust?  How can you prevent neglect or abuse from happening?  The Comprehensive Care Plan was designed to help protect victims of neglect and abuse.  If you or a loved one has already been a victim of negligence in a long-term living facility, contact a Chicago nursing home abuse attorney immediately.

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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Understanding nursing home contracts is crucial to protecting you and your loved ones rights in a nursing home.  Illinois nursing home negligence lawyers have witnessed multiple cases in which residents are not aware their rights are being violated.  Illinois nursing home neglect can be a result of contract violations.

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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Illinois nursing home negligence lawyers are dedicated to seeking justice for residents who have been victims of Illinois nursing home neglect.  Instead of taking action after neglect or abuse has occurred, a stronger, proactive plan is necessary to prevent neglect and abuse from happening.  Reducing Illinois nursing home neglect is crucial and will take more effort than we are making now.

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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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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Illinois nursing home negligence lawyers are dedicated to protecting residents in nursing homes throughout the state.  Receiving news that a loved one has been the victim of Illinois nursing home neglect can be devastating.  You may know you need legal help, but aren’t sure how to go about consulting an attorney.

The best way to help a Chicago nursing home abuse attorney is to supply as much documentation as possible related to the neglect or abuse.  The following list includes suggestions on how to prepare prior to meeting with your attorney:

• Keep a diary or log of everything that happens
• Keep copies of any complaints made to the nursing home or government agencies
• Keep copies of the patient’s contract with the nursing home
• Collect any documents the nursing home sent such as incident reports, changes to policies or announcements
• Collect medical records for any treatment for any injuries
• Take note of any changes you or anyone else notices in the resident’s appearance, demeanor and speech

Protecting residents from Illinois nursing home neglect and seeking justice for individuals who have already been victims is imperative.  The relationship between you and your Chicago nursing home abuse attorney is critical.  Be honest and talk openly about any concerns or questions you have.

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In the previous post, Illinois nursing home negligence lawyers discussed Adult Protective Services (APS).  In this post they will highlight the ethical principles and practice guidelines for this important service.  APS strives to ensure the safety and well-being of elders and adults with disabilities from being mistreated, abused or neglected.  This service has protected many individuals from Illinois nursing home neglect.

APS has two main values which govern their actions:

1. Every action taken by Adult Protective Services must balance the duty to protect the safety of the vulnerable adult with the adult’s right to self-determination.
2. Older people and people with disabilities who are victims of abuse, exploitation or neglect should be treated with honesty, caring and respect.

The following list highlights guidelines of APS:

• Recognize individual differences
• Avoid imposing personal values on others
• Recognize the interests of the adult are the first concern of any intervention
• Involve the adult as much as possible in developing the service plan
• Honor the right of adults to receive information about their choices and options in a form or manner they can understand
• Respect the adult’s right to keep personal information confidential
• Seek informed consent form the adult before providing services
• Do no harm.  Inadequate or inappropriate intervention may be worse than no intervention
• Maintain clear and appropriate professional boundaries
• Use substituted judgment in case planning when historical knowledge of the adult’s values is available

A Chicago nursing home abuse attorney reports on the ethical principles of Adult Protective Services:

• Adults have the right to accept or refuse services
• Adults have the right to be safe
• Adults retain all their civil and constitutional rights unless some of these rights have been restricted by court action
• Adults have the right to make decisions that do not conform with societal norms as long as these decisions do no harm others
• Adults are presumed to have decision making capacity unless a court adjudicates otherwise

Despite the role Adult Protective Services plays in protecting adults in danger or neglect or abuse, many victims are still mistreated throughout the state of Illinois.  Nursing home negligence lawyers are dedicated to protecting our loved ones.  If you or someone you know has been a victim, experienced Chicago nursing home abuse attorneys are on your side.

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