The Illinois Nursing Home Care Act provides the elderly, and all residents of skilled nursing facilities with special protections. This law creates rules to make sure that nursing home residents are provided with a safe and healthy environment in which all of their personal care needs are met. The statute also holds the owners and administrators of nursing homes in Illinois accountable for injuries, or any deterioration in a resident’s condition that results from abuse or neglect. “Neglect” means a facility’s failure to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living that is necessary to avoid physical harm, mental anguish, or mental illness of a resident. “Abuse” means any physical or mental injury or sexual assault inflicted on a resident other than by accidental means in a facility.
Residents who suffer injury or deterioration in their physical or mental condition caused by abuse or neglect shall be paid the actual damages, costs and attorney’s fees. Actual damages include the costs of medical and hospital care, as well as pain, suffering and disability. Although the Nursing Home Care Act does not allow a separate recovery for wrongful death, the “next of kin”, usually the children, may sue a nursing home for wrongful death when the death was caused by the negligence of any of the nursing home’s employees.
Our firm has represented many individual and families who have been injured or lost a family member as a result of nursing home abuse or neglect. While each case is different, and requires a thorough investigation, some common examples of abuse or neglect include:
- Medication errors
- The development of full thickness bed sores, or decubitus ulcers
- Dehydration/malnutrition
- Unmonitored falls
- Failure to diagnose infections
- Physical abuse or beatings by residents or staff
- Sexual abuse
There are also many other scenarios which constitute abuse or neglect.
Incidents of suspected nursing home abuse or neglect should be investigated promptly. This investigation often requires review of the entire nursing home record, as well as the medical records from any outside physician or health care institution.
If you think you or a loved one is experiencing one or more of the aforementioned problems at a nursing home, contact the attorneys at Vinkler Law for a free no-obligation consultation today!
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