Taking Action Against Nursing Home Abuse Lawyers

In response to reports of abuse and neglect in American nursing homes, Congress passed the Federal Nursing Home Reform Act which includes standards of care for all nursing homes. Under this law, nursing homes "must provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident in accordance with a written plan of care." In order to participate in Medicare and Medicaid, nursing homes must comply with this federal law and fulfill the following requirements:

1. Have sufficient nursing staff
2. Conduct an initial comprehensive assessment of each resident’s functional capacity
3. Develop a comprehensive care plan for every resident
4. Provide the necessary services to maintain good nutrition, grooming and personal hygiene if the resident is unable to carry out these daily living activities
5. Ensure residents receive proper care and assistive devices to maintain their vision and hearing
6. Prevent the deterioration of a resident’s ability to bathe, dress, groom, use the restroom, eat, communicate and ambulate
7. Provide appropriate treatment and services to incontinent residents to restore as much bladder function as possible
8. Ensure residents do not develop bedsores, and if they do, provide the necessary treatment and services to promote healing, prevent infection and prevent new sores from developing
9. Ensure that residents get adequate nutrition
10. Provide residents with sufficient fluids to prevent dehydration
11. Ensure residents have enough supervision and assistive devices to prevent accidents
12. Ensure that residents are not subjected to significant medical errors
13. Give residents the right to choose activities, schedules and health care
14. Promote the residents’ quality of life
15. Maintain the dignity and respect of each resident
16. Provide the pharmaceutical services that the residents need
17. Maintain accurate, complete and accessible records on each resident
18. Ensure that the nursing home administration uses the facility’s resources effectively and efficiently

Many nursing homes cut corners because the residents they are mistreating are scared to speak up about the neglectful and abusive treatment. Even when this treatment is reported, many nursing home administrators fail to act. We have seen all too often what nursing home negligence can lead to: wrongful death, falls, injuries, bedsores, urinary tract infections, medication errors, abuse and neglect. When this occurs you should be ready to consider suing the facility.

Choosing to sue a nursing home can be a difficult decision, but there are some times when it is the best option for your family. Knowing that you are not alone, and that people in Illinois have had remarkable success in pursuing claims against long-term care homes, may help. In fact, it has been reported that the majority of all cases filed since 2004 have resulted in victims and their families receiving compensation from nursing facilities for injuries suffered. The following are some common reasons why you might pursue a claim against a nursing home facility:

1. You suspect or have determined that abuse occurred.
2. You have complained about the situation to the administration, but they have done nothing about it.
3. The abuse continues to occur or is escalating.
4. Your loved one has been injured as a result of abuse or neglect.
5. Your loved one has passed away because of abuse or neglect.
6. A nursing home representative has defrauded your loved one of money or other assets
7. A lawsuit can result in compensation for the harm suffered.
8. A lawsuit may prevent future cases of abuse or neglect from happening—either to your loved one or someone else’s.