If you work with a Chicago nursing home abuse attorney from our firm, you can rest assured that they will have ample experience prosecuting cases of serious injury caused by abuse and neglect at facilities across Illinois. While the facts surrounding each case may be different, Rosenfeld Injury Lawyers LLC has represented hundreds of individuals and families in claims and helped them receive compensation for abuse caused by negligent facilities.
When they need a nursing home lawyer, Chicago residents can count on our law office to invest the time and resources necessary to secure the most favorable outcome. In fact, in 2017, we recovered more than $8 million in settlements from nursing homes on behalf of our clients, and that’s just in one year.
If your loved one has been mistreated at a nursing home, contact our law office Chicago residents can either call or complete our case evaluation form and our office will reach out to you shortly for a free review of your legal rights and options for financial compensation.
Don’t Let Illinois Nursing Facilities Put Profits Ahead of Patient Care
The nursing home industry has become a big business. According to the Centers for Disease Control and Prevention, more than 1.4 million people are residing in 15,600 nursing homes in the United States (in Illinois, there are more than 732 facilities caring for more than 100,000 patients). Nearly 70% of these are operated as for-profit facilities. According to Medicare data, nearly 37% of the facilities were deemed to be below average by surveyors.
While there is nothing illegal about making a profit by caring for people in nursing homes, a conflict begins to arise when nursing home operators attempt to maximize their profits by cutting their costs. One of the easiest ways for a nursing home to cut costs is by reducing the staffing levels and hiring inexperienced workers.
In the end, these cost-cutting measures impact the patients living in nursing homes, who may see their care needs go unmet. Acute and chronic problems may ensue, which frequently translate to serious injuries or untimely deaths.
Common Cases Involving Abusive Nursing Care
As despicable as it sounds, the term “nursing home abuse” derives from the fact that there are some truly unfit workers and companies who remain involved in the long-term care industry, allowing abusive conditions to develop. Cases that may be categorized as abuse include the following:
- Physical Harm: This may be an act perpetuated by nursing home staff, other residents, or visitors to a facility.
- Unknown Fractures: Any time a patient suffers a fracture at a nursing facility is cause for concern. In addition to the underlying circumstance, many patients suffer from serious medical complications following a broken bone.
- Sexual Assaults: Facilities have a responsibility to screen staff and residents who have a history of aggressive behavior and sexual assault.
- Dropped Patients: When staff fail to get assistance or needed lifting equipment, patients may be dropped, suffering serious injuries
- Errors Made With Medication: Facilities have a responsibility to provide the correct medication and dosage as prescribed by the resident’s physician. When errors are made, patients may sustain complications or even death.
- Bed Rail Entrapment: When facilities fail to use mattresses that are properly sized to a bed frame, residents can become entrapped and suffer injury.
- Untimely Death: A sudden, unexpected death deserves to be looked at to determine if there are factors involving the patient’s care that contributed to the death.
Situations Involving Neglect at Skilled Nursing Facilities
When patient needs go unsatisfied for extended periods, this may be more indicative of a broken or neglectful system. Situations that may be categorized as nursing home neglect include:
- Bedsores: When staff fail to turn and reposition patients with limited mobility, the blood supply to tissue is interrupted and the flesh dies. An open wound may develop.
- Repeated Falls: Each patient must be evaluated to determine if they are a fall risk. When staff fail to implement safeguards and a fall ensues, they may be accountable for the patient’s injuries.
- Choking: Many patients have special diets to accommodate difficulty swallowing. When staff fail to adhere to the dietary restrictions or monitor patients, they may choke on solids or liquids, resulting in catastrophic injury or death.
- Dehydration and Malnutrition: When a patient sustains a rapid weight loss, there may be an underlying situation involving malnutrition or dehydration.
- Wandering: Facilities must identify those prone to wandering, including dementia or Alzheimer’s patients, and implement safeguards to prevent them from leaving the safety of the facility without the knowledge of staff.
Signs of Chicago Nursing Home Abuse
As the family of a nursing home patient, you need to trust your instincts when it comes to identifying situations that may be identified as abuse or neglect. While some conditions may be attributable to old age or illness, families should be on the lookout for the following:
- Pressure sores
- Sexually transmitted diseases
- Bruises and bleeding
- Broken bones
- Emotional withdrawal
- Financial problems
- Changes to a will or power of attorney
- Silence or crying around staff at a facility
- Rapid weight loss
If you notice any of the above, you may wish to report it to your nursing home ombudsman, the police, the state Department of Public Health, or an attorney who has experienced prosecuting these cases.
How a Chicago Nursing Home Abuse Attorney Can Help You With Your Case
From the time our law office is retained by an individual or family in a nursing home negligence case, we’ll begin to compile evidence including:
- 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
With a seasoned team of nursing home abuse lawyers, Chicago paralegals, and in-house nurses, we give each nursing home negligence case we accept the attention needed to uncover the facts surrounding how an injury occurred. Once we have uncovered the underlying facts, we can then work on moving forward with a negotiated settlement or a lawsuit against a facility.
Our goal is to get you the maximum recovery that Illinois law allows.
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 ends in a settlement with the insurance company or litigation.
When it comes to post-settlement issues such as liens from health insurance companies or Medicare, Rosenfeld Injury Lawyers LLC will negotiate 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, the probate matters that Illinois law requires will be managed by a seasoned nursing home negligence lawyer. Chicago clients 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.
Prosecuting Chicago Nursing Home Negligence Cases Under Illinois Law
Patients in Illinois nursing homes are protected under federal and state law. Under the federal Nursing Home Reform Act, nursing homes must provide services to their patients so that they can “attain or maintain his/her highest practicable level of physical, mental, and psychosocial well-being.”
Illinois has expanded this mandate to further protect nursing home patients with the Nursing Home Care Act (210 ILCS45/1-101). This law grants nursing home patients numerous legal rights when they are at a licensed facility in the state.
- “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 States solely on account of his status as a resident of a facility.” (210 ILCS 45/2-101)
- “A resident shall be permitted to manage his own financial affairs.” (210 ILCS 45/2-102)
- “A resident shall be permitted to retain and use or wear his personal property.” (210 ILCS 45/2-103)
- Patients 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 consequences 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 their medical records. (210 ILCS 45/2-104)
- Residents shall be permitted respect and privacy in their 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 or medicated for an excessive duration or given 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)
Damages in Chicago Nursing Home Abuse Cases When the rights of a nursing home patient are compromised or when inferior care is provided and a patient is injured, it’s time to call a nursing home negligence attorney. Chicago residents may pursue a case for civil damages to recover financial compensation for personal injury or death. Illinois recognizes the following types of damages in nursing home cases:
- Past and future medical expenses
- Pain and suffering
- Wrongful death
By holding facilities accountable for their conduct, we hope to improve the care that all nursing home patients receive. Nursing home operators must learn that abusive and negligent care will not be tolerated.
Rosenfeld Injury Lawyers LLC is committed to protecting the rights of nursing home patients. In fact, each year, we contribute a portion of our profits to organizations dedicated to protecting the rights of seniors living in nursing homes.
We have invested in resources to educate families about nursing home care, and we invite you to visit the pages below on our website, which are likely to be some of the most comprehensive materials you will find on the Internet related to nursing home litigation.
Get a Free Consultation With Our Chicago Nursing Home Attorneys Today
If you are ready to hold a facility accountable for poor care that contributed to an injury or fatality, contact our law firm. Assisting families and individuals are our sole focus: We do not represent corporations. And all of our Chicago nursing home negligence cases are handled on a contingency fee basis, so there is never a legal fee charged unless we are successful in a recovery on your behalf.
Join our lawyers in helping seniors to get the care that they deserve at nursing homes.
Below you will find materials from families dealing with cases of abuse or neglect of family members in nursing homes:
- How long will it take for my Chicago nursing home lawsuit to settle?
- What are some signs of nursing home neglect?
- How much is my nursing home negligence case worth?
- Can I get a copy of the records from the nursing home where my family member was injured?
- What agencies regulate Illinois nursing homes?
Nursing Home Litigation in Illinois
Many families and individuals see nursing homes as a source of care and comfort for themselves or for their loved ones. They might eventually decide on settling into one after concluding that they cannot provide the requisite attention or that their standard of living can only be maintained by moving into a center.
In fact, many more people will come to this conclusion over the next few years and decades as the “Baby Boomer” generation matures into old age. According to the National Center on Elder Abuse, the number of people over the age of 65 compared to the rest of the population will double to nearly 20% over the next 40 years. Additionally, the highest growing segment of the country is those over 85 years old.
Thus, while there has been a modest decline over the last 10 years in the number of operating nursing homes (a drop from 16,380 to 15,652 between 2003 and 2012), one would expect to see a significant increase in their construction over the coming years. In Illinois, over 100,000 people occupy over 1,000 nursing homes. These facilities are regulated by the Illinois Department of Public Health and the U.S. Department of Health and Human Services’ Health Care Financing Administration (HCFA), among other state and federal agencies.