Chicago Assisted Living Facility Accident Lawyer
In many ways, assisted living centers are the gateway between independent living and full nursing care facilities. Although assisted living center residents have more independence and are generally in better health than nursing homes, they still depend on the facility's caregivers for many of their needs.
This reliance could put many elderly seniors living in these facilities at risk of injury, neglect, and even abuse by poorly managed assisted care centers.
The Chicago assisted living injury attorneys at Rosenfeld Injury Lawyers LLC are committed to holding facilities in Illinois responsible for the injury they cause to their residents.
Our nursing home abuse attorneys currently represent clients throughout Illinois, including Cook County, DuPage County, Kane County, Lake County, Will County, Aurora, Chicago, Elgin, Naperville, and Schaumburg.
We have a successful track record in handling nursing home injury cases involving medical malpractice, malnourishment, unexpected weight loss, sepsis, medication errors, bedsores (decubitus ulcers), financial exploitation, emotional abuse, and staffing abuse cases.
Assisted-Living Injury FAQs
Can You get Kicked out of an Assisted Living Facility?
The law provides little protection to assisted-living residents to save them from being evicted from the home. The law allows assisted living centers to evict patients who do not pay the facility for their residence.
Additionally, if the facility's administration cannot meet the patient's needs and requirements, they can kick the resident out of the center to open a spot for others.
What to do When You can Afford Assisted-Living?
Not everyone can afford an assisted living facility's monthly maintenance fees, especially those in their final years, when their funds become depleted. However, there are alternatives, including seeking a financial adviser's help on moving into an affordable senior center.
Many local communities have senior programs or provide State-funded assisted living options. Assisted living facilities are often expensive and require future planning to ensure adequate funds are available that can last for a decade or longer.
Do Assisted-Living Facilities Have to Report Falls?
Every assisted living center that accepts Medicare payments for services provided to their residents is obligated to file a report of any fall occurring in their facility. However, the home's liability is usually limited to public areas.
As a result, their duty to report a fall is limited to any accident or injury that occurs only in the common areas.
How Will Health Insurance Cover Assisted-Living?
Most health insurance policies in America do not extend coverage for assisted living locations and offer limited nursing home care coverage. Federal government-subsidized programs, including Medicare, provide limited short-term care options in skilled nursing facilities that have been approved by the government agency.
The policyholder will receive benefits that include:
- 100% payment for the first hundred days of care. However, the patient must have been in the hospital for at least three nights before relocation into the assisted living facility
- 80% payment from the twenty-first day to the 100th day at any facility
- Hospitalization followed by short-term nursing home rehabilitation
- In-home therapy and rehabilitation services in unique cases
What is the Difference Between Assisted Living and a Nursing Home?
Nursing facilities provide skilled care to the aging, infirm, or disabled who require assistance, medical care, and monitoring around-the-clock. Alternatively, assisted-living facilities provide patient's private residency around common areas shared by the community.
Nursing homes provide medical services, whereas assisted-living facilities provide custodial care.
Do Assisted-Living Facilities Have Medical Directors?
Nursing homes provide medical care and hygiene assistance managed by the Medical Director on staff. Alternatively, there are no doctors working or on-call in an assisted living community.
According to the Illinois Department of Public Health, some assisted living centers will have an active registered nurse on duty around-the-clock, providing limited service to the residents.
Safe Environment Required for Illinois Assisted Living Residents
Under state law, Illinois' regulations require assisted living centers to provide a safe environment for their residents and protect them from harm. Many of the elderly living in these facilities have deteriorating health and might become increasingly dependent on the caregivers to protect them from injury.
Serious injuries can happen when the nursing home staff is negligent in monitoring their patients and their changing needs. A few of the injuries that gave rise to Illinois nursing home and assisted living lawsuits include:
- Falls. Older adults over sixty-five years of age are highly susceptible to injury from falls. According to the CDC, one out of three older adults falls each year, with over 19,800 fatal injuries from falls in 2018.
Assisted living centers must provide a safe environment that prevents falls resulting in broken bones, spinal cord injuries, traumatic brain injuries, hip fractures, or even death.
- Malnutrition. If residents are not given proper nutrition, their health will be affected. Many elderlies have specific dietary needs that must be met to ensure they are getting the nutrition they need to avoid permanent injuries.
- Supervision. Although assisted living is not full of nursing care, staff members must supervise their residents. When there is inadequate staff to monitor and supervise residents, physical abuse and catastrophic injuries might occur that could have been prevented.
The Illinois Nursing Home Care Act requires the staff to provide adequate health care treatment and supervision of the residents' Activities of Daily Living, including grooming and hygiene.
Abusive Conditions Commonly Found in Assisted Living Facilities in Illinois
Unfortunately, abuse is all too common at assisted living centers. Although those who live in these facilities might be more mobile and have better cognitive function than those in others' care, they are still easy targets for nursing home abuse and neglect.
These care facilities must keep their residents safe from abuse and neglect from staff and caregivers. Types of elder abuse and neglect that can occur are:
- Physical. Using physical force to hurt or discipline, residents should never be tolerated.
- Emotional. Harassing, verbal abuse, bullying, and emotionally abusing residents can be just as destructive as any other kind of abuse.
- Sexual. Assisted living centers are responsible for protecting those under their care from sexual abuse, both from workers and other residents.
- Financial. An increasingly common abuse of the elderly is financial abuse. These facilities need to protect those who depend on them from workers that steal and embezzle money and identities.
- Neglect. Those who live in assisted living still might have some independence but do require assistance. Neglecting the resident's nutritional, medical, or personal hygiene needs should never be tolerated.
Sample Legal Actions and Awards Against Assisted Living Facilities in Illinois
$400,000 Settlement; Assisted Living Lawsuit; Chicago, Illinois (Cook County)
Directors diagnosed and treated an eighty-four-year-old long-term nursing home resident for several serious health issues. The resident had deep vein thrombosis in his lower legs that required Lovenox's injections in his abdomen.
On one occasion, the nurse administering the shot injected the medication into his muscle, causing several complications. The resident developed a hematoma in his abdomen and started bleeding profusely before going into shock and dying after the chain of events.
Personal injury lawyers for the man's estate brought a wrongful death action against the facility, seeking compensation for his catastrophic injuries, medical treatment, pain, untimely death, and expenses. The attorneys argued that the negligent administration of medicine directly correlated with their client's death.
The lawyers argued that the Illinois ALF should pay damages. In the end, the two sides reached an agreement to settle for $400,000.
$175,000 Settlement; Assisted Living Neglect; Chicago, Illinois (Cook County)
This dispute involved nursing home neglect, malnutrition, and dehydration of a woman in her early 80s at a Chicago-area assisted living center. The female resident entered the care center because she required day-to-day help and medical attention.
While she was there for roughly five years, the staff helped her eat, change, and wash. During this time, she was not getting the help that she needed and lost over ten pounds, suffering from the effects of dehydration and malnutrition. Her medical bills for her sustained catastrophic injuries were nearly $5,000 to bring her back to good spirits.
The victim filed a civil lawsuit against the assisted living facility, seeking compensation for the harm the center's neglect caused her. The two sides decided to resolve the case with a $175,000 compensation negotiated settlement instead of presenting evidence at trial.
$450,000 Settlement; Assisted Living Neglect; Chicago, Illinois (Cook County)
The nearly 90-year-old female resident with dementia lived in and out of nursing homes and long-term care facilities for a long time. The accident occurred when she walked around the center, going outside, and strolled along the fence.
She walked along a portion of the fence that was not secured that had been left bare by landscapers for resident use. The victim broke her rib bone and her left hip in a fall, requiring immediate medical care followed by long periods of medical treatment.
Her injuries left her with substantial bills, disability, and future suffering. She filed a civil lawsuit against the assisted living facility to recover monetary compensation, citing nursing home negligence. She argued through her assisted living facility injury lawyer that she fell due to others' negligence and carelessness.
The victim also complained that the center and the landscaping company should have better secured the fencing. She suffered several economic and non-economic damages as a result.
The older woman stated in court documents that the assisted living center should pay for her damages because of their negligence. They ended up doing so. She got a combined $450,000 settlement from the pair.
$317,500 Settlement; Assisted Living Fall Case; Stark County, Illinois
This controversy arose in an assisted living center in Stark County, Illinois when a 92-year-old woman became stuck between her bed and her nightstand. The incident left her with compressional asphyxia and brain injuries. She eventually died.
The victim was survived by one of her children, a son. Lawyers for the woman brought legal action, alleging that the assisted living center could not give her the proper care she needed due to her declining health.
Further, they thought that the assisted living center should have transferred the woman to another facility with better equipment and personnel. Also, they alleged that the center did not realize the risk of entrapment that the woman faced because of the setup of the furniture in her room.
Citing mistreatment, the plaintiff's nursing home abuse lawyer sought compensation from the defendant assisted living facility. The defendant center offered to settle, and the plaintiffs agreed. They received $317,500.
Legal Help for Those Mistreated at Assisted Living Facilities in Chicago, Illinois
No one deserves to be treated poorly or be injured while under the care of an assisted living facility. If you, a loved one, or a family member has been abused, neglected, or injured while living at one of these centers, you might be able to receive compensation for these transgressions.
Talk with an experienced Chicago assisted living attorney before considering discussing your situation with an insurance company or representative from a facility. Rosenfeld Injury Lawyers LLC has represented many families who have been injured while residing at an Illinois assisted living facility.
We offer a free consultation to discuss your case and only charge a fee if we win a financial award for your injury. Contact our law firm today at (888) 424-5757 (toll-free phone call) or through the contact form to schedule a free consultation.
All discussions with our law firm remain confidential through an attorney-client relationship. Please do not send sensitive information to our law office through voicemail, email, or text message.
Our attorneys follow social distancing guidelines to prevent the spread of Covid-19 (coronavirus).
|Admiral at the Lake||933 W. Foster Ave||Chicago||Illinois||60640||7734331800||5104192||56|
|Artis Senior Living of Lakeview||3535 North Ashland Avenue||Chicago||Illinois||60657||7736979003||5106866||136|
|Autumn Green at Midway Village||6700 S. Keating||Chicago||Illinois||60629||7735822888||5103996||44|
|Autumn Green at Wright Campus||4239 N. Oak Park Ave.||Chicago||Illinois||60634||7732023388||5103988||45|
|Brookdale Lake Shore Drive||2960 N. Lake Shore||Chicago||Illinois||60657||7738802960||5102378||70|
|Brookdale Lake View||3121 N. Sheridan Rd||Chicago||Illinois||60657||7734049800||5101776||57|
|Colfax Manor Assisted Living||8200 S Colfax Ave.||Chicago||Illinois||60617||7732034098||5201162||4|
|Ever-Green Manor Memory Care||8641 South Saginaw||Chicago||Illinois||60617||7732034098||5201782||6|
|Hartwell Place||5520 N. Paulina St||Chicago||Illinois||60640||7732752400||5100653||29|
|3659 West 99th Street||Chicago||Illinois||60655||7732533600||5104507||43|
|Montgomery Place||5550 South Shore Drive||Chicago||Illinois||60637||7737534100||5103046||19|
|Norwood Crossing||6016-20 N. Nina Ave||Chicago||Illinois||60631||7736314856||5103137||55|
|Presence Resurrection Retirement Community||7262 W. Peterson Ave||Chicago||Illinois||60631||7737927930||5101685||37|
|Selfhelp Home, Inc||908 W Argyle||Chicago||Illinois||60640||7732710300||5102261||60|
|Smith Village||2320 W. 113th Place||Chicago||Illinois||60643||7734747314||5102006||82|
|St. Joseph Village of Chicago||4021 W. Belmont||Chicago||Illinois||60641||7733285500||5102030||40|
|Sunrise of Lincoln Park||2710 N. Clark St||Chicago||Illinois||60614||7732440005||5107252||60|
|Terraces at The Clare||55 East Pearson Street||Chicago||Illinois||60611||3125915690||5107203||39|
Some of the 480 licenses assisted living facility chains within Illinois include:
- Bickford Senior Living
- Brookdale Senior Living
- Cedarhurst Senior Living
- Courtyards Assisted Living
- Morningside Assisted Living
- Silverado Assisted Living
- Sunrise Senior Living
- The Villas Senior Care Communities
Resources for assisted living patients and their families: