Medical malpractice cases require the Health Care Provider to have done something wrong that led to harm. Doing wrong action is not enough. It must be proven, for example, the errors you outline caused or contributed to his death. You should review these facts with experienced medical malpractice... View More

You are going to need an Illinois personal injury lawyer and nursing home negligence lawyer to handle your case. You are involved in a complicated matter.

On your facts, the statute of limitations (SOL) is two years. You need to file on or before that date. No attorney or law firm was "on the case" unless your mother signed documents, hiring that attorney or that law firm. The SOL is all that matters. Whether your mother hired two... View More

Certainly. But if she has a family member, there should be a contract written that the family member will be paid out of the estate at the rate of x per hour and will be reimbursed for her services upon death.

That is unless she can be paid now or they forego any payment.

File a complaint through the administrative system. If it is a nursing home, ask at the office for complaint procedures.

That is not right and should never have happened. I'm sorry to hear it did. Please feel free to call me to further discuss (Stephanie Sexauer 312-300-4743).

Yes. The Home Health, Home Services and Home Nursing Agency Licensing Act would cover your situation. 210 ILCS 55/1, et seq.

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... View More

It depends on the nature of the claim, but detailed pictures and written evidence is always preferred in proving any claim. Claims against nursing homes are often an uphill battle, as your mother likely signed a contract limiting her rights. That said, I would recommend organizing the contract,... View More

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... View More

As long as your dad and if he has a roommate consent, it is permitted. See this link for more detail on this Illinois law.

https://www.robertkreisman.com/nursing-home-lawyer/2016/04/05/illinois-law-now-allows-cameras-nursing-homes/

Authorization would have to be given by your mother's treating physician. I would urge you to contact your mother's doctor.

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.

Yes. Nursing homes want to know who will pay for the resident and the services received. If not out of pocket, then will Medicaid be paying?

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.

Here's the Illinois law on this:

MINIMUM STAFFING STANDARD FOR SKILLED... View More

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... View More

If you already filed the lawsuit on your own, you would send a notice to produce (request to produce documents) to the attorney representing the nursing home.