Our elderly population is clearly growing which directly correlates to more of our loved ones in nursing homes or similar facilities. Often an elderly person – our loved ones – are like children who need care and help with the most basic daily living activities:
bathing, dressing, and using a restroom. Being older brings something different though vs. a child in such care: medications have to be monitored, skin issues become more important and bones can be broken from simple falls.
According to statistics found here via the National Center on Elder Abuse (NCEA), “3.2 million Americans resided in nursing homes during 2008.”
Neglect & Abuse of elderly can take many forms. A cause of action under the Illinois Nursing Home Care Act (the “Act”) generally encompasses a nursing home – and its agents – being sued for violating the rights of a resident including the right not to be neglected as provided by the Act:
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
An owner, licensee, administrator, employee or agent of a facility shall not abuse or neglect a resident. It is the duty of any facility employee or agent who becomes aware of such abuse or neglect to report it as provided in the “Abused and Neglected Long Term Care Facility Residents Reporting Act.” 210 ILCS 45/2-107
“Neglect” means a failure in a facility to provide adequate medical or personal care or maintenance, which failure results in physical or mental injury to a resident or in the deterioration of a resident’s physical or mental condition. 210 ILCS 45/1-117.
“Abuse” means any physical or mental injury or sexual assault inflicted on a resident other than that by accidental means in a facility. 210 ILCS 45/1-103.
“Personal Care” means assistance with meals, dressing, movement, bathing, or other personal needs, or general supervision and oversight of the physical and mental well-being of an individual, exclusive of nursing, who because of age, physical, or mental disability, emotional or behavior disorder, or mental retardation is incapable of maintaining a private, independent residence, or who is incapable of managing his person whether or not a guardian has been appointed. 210 ILCS 45/1-120.
You can contact me here 24/7/365 (and I really mean that as I will answer my phone) if you have any questions and to learn how I may be able to help you or your loved one who may desire to discuss these difficult and sensitive nursing home care matters – in particular, you will find that I listen, take your phone calls and e-mails (and even text messages–BUT NOT WHILE DRIVING!!). I would be honored to help you with your matters – large or small.
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Berenz Law Network
Chicago injury attorney Phil Berenz has secured substantial settlements and verdicts for clients in personal injury, medical malpractice, and wrongful death cases. He has also successfully defended businesses and individuals against lawsuits, winning judgments that far exceeded the amounts plaintiffs originally sought.
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