The Chicago nursing home attorneys at Rosenfeld Injury Lawyers have experience handling elder abuse lawsuits across Illinois. Our office is uniquely positioned to help individuals and families who have suffered abuse or neglect at a nursing facility. We have successfully resolved nursing home lawsuits involving most major chains and stand-alone operations. The goal of our Chicago nursing home lawyers is to approach every case on its own merits to ensure that we recover the maximum compensation from all responsible parties.
If you believe that your loved one has been mistreated, injured or abused at an Illinois nursing home call or complete our free case review form to see if our nursing home abuse lawyers may be able to assist you in filing a lawsuit against the facility to recover damages for your loss. Our nursing home negligence law firm is committed to fully prosecuting negligent facilities and handles cases throughout Illinois.
A Duty to Safeguard Nursing Home Patients From Harm and Injury
When a person is placed in an Illinois nursing home, the individual and his or her family are entitled to expect that the person will receive proper care and will be treated with dignity.
Nursing home neglect — or perhaps more accurately, the failure of a facility to properly attend to the needs of its patients — is a problem encountered in all types of nursing homes across the country.Chicago Nursing Home Attorneys See an Epidemic of Patient Neglect at Many Facilities
A primary cause of nursing home neglect may be an influx of corporations entering the nursing home industry. In many of these cases, the companies’ motive is purely profit-driven, with quality of patient care coming a distant second. Frequently, we see corporate owners trim staff at nursing homes to bare-bones levels and utilize less-experienced, lower-salaried staff instead of more experienced workers.
Signs of Nursing Home Neglect in Your Loved One
These major changes in the nursing home industry are having a direct impact on patient care. We are seeing more instances of abuse, neglect, and patient injury than we saw in the past as corporate owners strive to maximize the profitability of their facilities by reducing the care dispensed to patients.
The signs of neglect or poor care of a nursing home patient care vary widely. In most cases, the family of an individual is in the best position to evaluate if their loved one was receiving inferior care. Some signs of deficient care may have a gradual onset and may not always be apparent during regular visits. However, experts commonly identify the following warning signs of systemic abuse innursing homes:
- Withdrawal from friends and family
- Weight loss
- Loss of appetite
- Change in demeanor, anger
- Pressure sores
- Dirty conditions
Physical and emotional abuse has no place in any environment– especially one that is designed to care for our elders. Unfortunately, we continually see abusive acts carried out against our loved ones by nursing home staff, visitors and other patients. As hurtful as these episodes are for family members to learn of, taking action is not only a right granted pursuant to the Nursing Home Care Act of Illinois (210 ILCS45/1-101), the well-being of other patients at the facility is very much dependent upon the exposure of abusive conduct. How else will these atrocities come to light?
In addition to granting patients at a "long term care facility" in Illinois the right to pursue a case for civil damages when they have been abused or neglected, the Act clearly sets forth some of the following rights:
- No resident shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the State of Illinois, or the Constitution of the United State solely on account of his status as a resident of a facility. (210 ILCS 45/2-101)
- Residents shall be permitted to manage his or her own financial affairs. (210 ILCS 45/2-102)
- Residents are permitted to retain and / or wear their personal property / clothing (210 ILCS 45/2-103)
- Patient's are entitled to see their own physician at their own expense or via their health insurance. (210 ILCS 45/2-104)
- Every resident shall be permitted to refuse medical treatment and to know the consequnces of such action, unless such refusal would be harmful to the health and safety of others and such harm is documented by a physician. (210 ILCS 45/2-104)
- Every resident, resident's guardian, or parent if the resident is a minor shall be permitted to inspect and copy all of his or her medical records. (210 ILCS 45/2-104)
- Residents shall be permitted respect and privacy in his or her personal care program. (210 ILCS 45/2-105)
- Residents have the right to be free from unnecessary chemical and physical restraints. (210 ILCS 45/2-106)
- Residents shall not be given unnecessary drugs. Further, residents shall not be given excessive doses, for excessive duration or drugs without sufficient monitoring. (210 ILCS 45/2-106.1)
- All residents shall be permitted "unimpeded, private and uncensored" communication with respect to mail, telephone calls or in-person visits. (210 ILCS 45/2-108)
- All residents shall be permitted freedom of religion and no religious beliefs are to be imposed on any resident. (210 ILCS 45/2-109)
- Residents and their families may conduct authorized electronic monitoring of the resident's room via electronic monitoring devices. (210 ILCS 45/2-115)
The Illinois nursing home neglect attorneys at Rosenfeld Injury Lawyers are proud to be a recognized leader in the field of nursing home litigation. With an expansive network of nursing experts, physicians and legal colleagues, we are ready to see that nursing homes and their corporate owners are held fully responsible for poor and abusive care as exemplified by:
- Pressure sores
- Repeated falls
- Patients dropped by staff
- Patients wandering from facilities
- Medication errors
- Physical abuse
- Untimely death
Jonathan Rosenfeld, founder of and lead attorney at Rosenfeld Injury Lawyers, is an active member of the American Association of Justice’s Nursing Home Litigation Group, a group of trial attorneys dedicated to representing the individuals and families who have been harmed or killed due to poor care in nursing homes. Mr. Rosenfeld has garnered the respect of his peers in the group and others throughout the country and is regularly called upon to assist in nursing home litigation matters in Illinois and in other jurisdictions across the country.
Why You May Need an Experienced Team to Get Compensation for Your Loved One
Even when a case seems 'open and shut' negligent facilities may attempt to evade responsibility when it comes to providing you with the compensation that you are entitled to under Illinois law. Rosenfeld Injury Lawyers has been hired by hundreds of families who are facing a situation where a loved one has been mistreated at a skilled nursing facility.
While we cannot control how a facility reacts to a claim or lawsuit initiated against them, we prepare our cases with the goal of assembling the strongest possible case so that we can maximize the value of your case whether it means settlement with the insurance company or litigation. From the time our law office is retained by an individual or family in a nursing home negligence case, we regularly obtain the following:
- Charts from nursing homes
- Medical records and bills from physicians and hospitals
- State nursing home surveys and inspection reports
- Death certificates and coroner's reports
- Photographs of injuries or conditions at a facility
- Reports of nurses or physicians to establish deviations from the standard of care
- Medicare payment logs
When it comes to post-settlement issues such as liens from insurance companies or Medicare, we negotiate their liens to ensure that they are reimbursed for what they are entitled to under the law--- and to maximize the amount distributable to the individual or their family. Further, when it comes to distribution of proceeds from a wrongful death lawsuit, we handle the probate matters that Illinois law requires. You can rest assured that everything that needs to be done will be handled in a manner that is ethical but will maximize what the law affords you and your family.
There is No Cost or Obligation to Speak to Some of the Most Respected Chicago Nursing Home Lawyers About Your Case
If you are concerned about the care of a loved one at an Illinois nursing home, contact our office today for a free explanation of your legal rights by attorneys who have experience litigating Chicago nursing home abuse cases. Unfortunately, situations involving inferior nursing home care plans are rarely resolved without some intervention.
Our experience and track record of superior case results has earned us a reputation as true legal advocates who are willing to do what it takes to provide the best possible results for our clients. As a result of our achievements, we receive many referrals from our peers in the legal community who know that when we handle a case– it will be handled with integrity and uncompromising zealousness.
Take the steps today to protect your loved one and others in their situation from further harm. Call (847) 835-8895 and take a stand against bad care.
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