Illinois Nursing Home Abuse Residents- Know your Legal Rights

• The right of a resident to recover for the actual damages suffered as a result of abuse or neglect. Actual damages include present and future medical expenses, attorney's fees and the cost of litigation.
  
  
• The empowering of the Illinois Department of Public Health to monitor Illinois nursing homes, investigate complaints of abuse or neglect, the fining of nursing homes for violations of a resident's rights and establish standards for the qualifications and training of nursing home employees
  
  
• Protecting residents who seek compensation for abuse or neglect they have suffered. The act states that a nursing home shall not transfer, discharge, evict, harass, dismiss or retaliate against a resident or a resident representative because of any report, testimony or complaints. This protection becomes especially important if the resident remains at the nursing home after the alleged abuse or neglect occured.
  
  
• The Federal Nursing Home Reform Act enacted by Congress in 1987, creates a set of national minimum set of standards of care and rights for people living in certified nursing facilities. The act provides that a nursing home must provide services and activities to attain or maintain the highest practical physical, mental and psycho social well-being of each resident in accordance with a written plan of care commonly known as the Patients Bill of Rights.
  
  
• For over 34 years Donald W. Fohrman & Associates, Ltd., has protected the legal rights and secured maximum settlements/verdicts for Illinois nursing home residents that have been the victims of abuse or neglect.
  

The most significant rights of the nursing home resident's Bill of Rights include:

• The right to know about their medical conditions.
• The right to participate in the planning of their own medical treatment.
• The right to be free from abuse and restraints.
• The right to privacy, dignity and respect.
• The right to manage their own personal finances.

Click here to view the Complete Patients Bill of Rights

Most Common Types of Nursing Home Abuse

Mental : Mental : Fear, agitation, hesitancy, depression, withdrawal, sudden behavior changes, unusual behavior

Physical : Wounds, cuts, abrasions, burns, bruises, welts, swelling, broken bones, sudden, inexplicable weight loss, unexplained/hidden injuries, unwarranted restraints (either physical or chemical), specific complaints by residents

Nursing Home : Bed sores (decubitus ulcers), unsanitary environment, malnutrition, dehydration, smells of urine and/or feces, unkempt appearance, poor personal hygiene, untreated medical condition, specific complaints by residents

Exploitation/Financial : Sudden, unjustified selling of property, missing/stolen money or property, radical changes in handling personal/financial affairs, specific complaints by residents

Warning Signs of Nursing Home Abuse or Neglect

• Unexplained bruises, cuts, burns, sprains, or fractures in various stages of healing.
  
• Unexplained venereal disease or genital infections; vaginal or anal bleeding; torn, stained, or bloody underclothing.
  
• Sudden changes in behavior.
  
• Staff refusing to allow visitors to see resident or delays in allowing visitors to see resident.
  
• Staff not allowing resident to be alone with visitor.
  
• Resident being kept in an over-medicated state.
  
• Loss of resident's possessions.
  
• Abrupt changes in will or other financial documents.
  
• Sudden large withdrawals from bank accounts or changes in banking practices.
  Click here to view a complete list of common warning signs

What You can Do If You Suspect Abuse or Neglect

• Visit frequently. Vary your visits to different times of the day and evenings to assess the care provided during all times of the day, evenings, weekends and holidays.
  
  
• Talk to nurses and aides about your concerns.
  
  
• Talk to the nursing home's director of nurses, social worker and administrator.
  
  
• Make sure to have good independent documentation, such as a doctor's report or medical records, which show the true nature of the problem.
  
  
• Contact a representative of the Illinois Ombudsman Program who will investigate your concerns and provide information and referrals to appropriate services. If necessary, the Ombudsman can file a complaint on your behalf with the Illinois Department of Public Aid which overseas long term care facilities in Illinois.
  
  
  
• Find an experienced nursing home abuse attorney to start a prompt investigation to find out if your loved one is being mistreated. If you have reason to believe that your or a loved one has been injured or neglected in a nursing home or assisted living facility, call 800-437-2571 anytime for a free, no obligation consultation with one of our attorneys experienced in handling nursing home abuse cases or use our convenient Free Case Evaluation

  Find an experienced nursing home abuse attorney in your area
  
  
  

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