Anyone who has been faced with the decision to put a loved one into a nursing home understands how important and difficult that decision is. Who else, besides your family, is looking out for your loved one? If nothing else, the law should protect our community's most vulnerable members. Senior citizens residing in nursing homes are especially in need of the law's protection.

Many people in nursing homes are there because they have physical and/or mental conditions requiring care beyond that which their families can provide. Others move into nursing homes because they are isolated from family and friends who would otherwise be able to help them live independently.

Their isolation and their physical and mental conditions often make nursing home residents vulnerable to neglect or abuse on the part of the nursing home staff.

The Nursing Home Care Act

In Illinois, the Nursing Home Care Act (NHCA) provides special remedies for senior citizens who are injured as a result of abuse or neglect by nursing home staff.

Detailed federal and state regulations spell out what must be done to preserve the health of nursing home residents and protect them from injury.

Violation of those regulations may mean that the injured resident, or his or her family, may have a valid nursing home negligence case against the nursing home.

Regulations require the nursing home to keep detailed chart notes about the resident's condition and treatment. That chart will often provide strong evidence of abuse and neglect.

Signs of abuse or neglect

• Falls
• Bed sores (pressure ulcers)
• Physical or emotional abuse
• Improper use of restraints
• Resident-on-resident assaults
• Malnutrition or dehydration
• Wrongful death

If you see any signs of abuse or neglect involving a nursing home resident, you should investigate further.

When injuries are sustained by nursing home residents, the NHCA provides a way to claim compensation for:

• Medical expenses
• Pain and suffering
• Disability
• Disfigurement
• Aggravations of pre-existing conditions

This compensation can be used to move the resident to a higher-quality facility where his or her needs will be better cared for. In cases where the abuse or neglect caused the resident's death, any compensation won would go to his or her next of kin for the wrongful death of their family member.

No retaliation

To help ensure that senior citizens and their families made use of this NHCA remedy, the General Assembly also made it illegal to retaliate against the resident for filing a suit under the NHCA.

The Nursing Home Care Act states:

A licensee or its agents or employees shall not transfer, discharge, evict, harass, dismiss, or retaliate against a resident, a resident's representative, or an employee or agent who makes a report of resident abuse or neglect, brings or testifies in a private right of action, or files a complaint because of the report, testimony, or complaint.

Statute of Limitations

Generally, the statute of limitations is two years, but when the nursing home is operated by a local public entity, it is only one year.

If you have reason to believe that you or a family member was the victim of abuse or neglect in a nursing home, immediate action is required. Many of the injuries suffered by nursing home residents are in fact the result of long-term deficiencies of care.

Learn more about Nursing Home Abuse and Neglect:

• Falls in Nursing Homes
• Physical/Emotional Abuse
• Physical/Emotional Abuse FAQ
• Wrongful Death in a Nursing Home
• Wrongful Death FAQ
• Bed Sores/Pressure Ulcers
• Malnutrition/Dehydration
• Restraint Injuries
• Resident Assault

Nursing Home Abuse Resources

Medicare Official site nursing home overview:
http://www.medicare.gov/Nursing/Overview.asp

National Senior Citizens Law Center
http://www.nsclc.org

National Citizen's Coalition for Nursing Home Reform
http://www.nccnhr.org

Illinois Department on Aging
http://www.state.il.us/aging/

The Coalition to Protect America's Elders
http://www.protectelders.org

National Center on Elder Abuse
http://www.elderabusecenter.org

American Association of Retired Persons
http://www.aarp.org

No Recovery, No Fee. Are you or a member of your family the victim of abuse? Chicago nursing home abuse lawyer Barry Doyle can help you. Call or email our Chicago law office today for your free nursing home neglect consultation.

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- Practice Area - Nursing Home Abuse Accidents Wrongful Death Severe Injuries Work Related Injuries Medical Malpractice Product Liability Message