A family memeber has been left soiled and fell off the bed we were never told we found out from another patient who had to get aCNA to help them we have a lot of documentation (pictures) of things that should not be done or should have been done and were not
When I arrived for his discharge, I found Dad in bed alone in his room complaining of horrible R hip pain. When I tried to have him sit, then stand to get in a wheelchair to leave, he was completely unable & began to shake & scream in pain. At this point it was obvious he had a severe injury. So,... Read more »
My most sincere apologies that you and your family have to go through this, as it certainly could be considered a case of neglect. That said, it is a very fact specific determination, and is dependent on notice the nursing home had, the nature of the fall, as well as whether or not it exercised...Read more »
This answer completely depends on what action or treatment you find to be negligent or abusive. Attorneys who practice in elder law and personal injury should be contacted as soon as possible to learn more in order to help you.
What would an ordinary and reasonable nursing facility do or not do under the same or similar circumstances. However, Illinois has adopted the Illinois Nursing Home Care Act which places what amounts to a greater duty of care on nursing homes and their medical/nursing providers.
You would need to gain verification under what state licensing this household is operating. Without making that effort to verify the arrangement there is nothing you have suggested that makes this housing situation a legal environment under Illinois law.
If your relative is not either an adjudicated disabled person or is not otherwise incompetent, your relative can choose to relocate for any reason. If your relative is incompetent, then without a power of attorney for health care, a court would need to appoint a guardian of your relative to be able...Read more »
The same general standard of care applies to all professionals including nursing home nurses, nurse practitioners, LPNs, CNAs, etc., that is, the same degree of knowledge, skill and ability as an ordinarily careful professional would exercise under similar circumstances.
Nurses of all stripes on duty should include registered nurses, certified nursing assistants and license practice nurses. The numbers and nursing types depends on the size and type of nursing home facility.
The Illinois civil procedure rules do not require a plaintiff to prove his/her case in the pleadings. All you need is enough competent information to set out those facts in a complaint that makes out a viable cause of action. Illinois is a fact-pleading state.
It depends of if you have power of attorney. If you do, you can request a copy of his records. If your father is alert and coherent, he may request a copy of his chart. Getting copies of medical records can be helpful in determining both how an incident occurred and what type of safeguards were or...Read more »
It may be possible, but it depends on the nature of your father's injuries. Was he injured at the nursing home, and what was the nature of his injuries? Depending on the answer to that question, you may have a claim against the nursing home. I would recommend consulting with an attorney...Read more »
If you witness abuse of a patient at a nursing home you may report the incident to the police and / or the Illinois Department of Public Health. Reporting an episode may help deter abuse of other patients.
You will not be able to initiate a lawsuit against the facility because you do not...Read more »
It is possible you have a cause of action against the facility, however the feasibility of recovery depends on the specific facts surrounding your dad's injury. Did the facility have knowledge that the other resident might hit your dad? In any event, I would recommend organizing all of the...Read more »
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