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Illinois Nursing Home Abuse Questions & Answers
1 Answer | Asked in Medical Malpractice and Nursing Home Abuse for Illinois on
Q: My father passed away in March of 2022. He was at a skilled nursing facility. I ordered his medical records and found

Many errors and charting that looks as if it was copied. Wrong name listed on a record. Charting was done after my father passed as if they took care of him during that time. Wrong room numbers at times. Blood work reviewed by an LPN. Last wishes were not entered correctly in his chart so his DNR... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 18, 2023

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

1 Answer | Asked in Nursing Home Abuse, Personal Injury and Wrongful Death for Illinois on
Q: Can you sue a John Doe or John Doe corporation as the Defendants in a nursing home neglect civil suit in Illinois?

My situation is, my mom fell or was dropped in a nursing home, a lawyer called me and said he was on the case 1y and 9m later he called and said he passed the case to another firm but that firm had no records and urged me to get the records which has pushed up to the deadline to file tomorrow. The... View More

Charles Candiano
Charles Candiano
answered on Dec 16, 2022

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

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Nursing Home Abuse and Wrongful Death for Illinois on
Q: I'm suing a nursing home for negligence and a hospital for negligence and wrongful death as in malpractice .

Because they were both at fault, do I have to sue them in the same case or separate cases

David Wolkowitz
David Wolkowitz
answered on Feb 18, 2023

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.

1 Answer | Asked in Elder Law, Health Care Law and Nursing Home Abuse for Illinois on
Q: Can a Senior citizen have a private duty nurse or a family member stay with her if she needs care?
Cheryl Powell
Cheryl Powell
answered on May 15, 2020

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.

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: my family member is be neglected by the angenice that is supposed to take care of him what can i do about it
Cheryl Powell
Cheryl Powell
answered on Aug 24, 2018

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

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: Is there laws for treatment of patients in a rehabilitation center

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

Stephanie Sexauer
Stephanie Sexauer
answered on May 10, 2018

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).

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: We hired a self-employed person to take care of my mother in her house - is that person subject

to laws regarding nursing home abuse?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Mar 27, 2018

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

1 Answer | Asked in Elder Law, Nursing Home Abuse and Personal Injury for Illinois on
Q: Dad fell at Nursing Home the day he was to be discharged. Nurse called & said he fell & skinned his knee but was fine.

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... View More

Steve McCann
Steve McCann
answered on Mar 26, 2018

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

2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: What sort of evidence do I need to gather to make a solid claim against my mom's nursing home?
Steve McCann
Steve McCann
answered on Feb 2, 2018

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

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1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: What's the standard of reasonable care in Illinois nursing homes?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Dec 26, 2017

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.

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: I'm considering putting my Mother in the care of someone who also takes care of

three other people out of her house - these types of situations are regulated right, in case something goes wrong?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Oct 30, 2017

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.

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: Are there any legal barriers to removing a relative from a nursing home that is acting negligently?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jun 9, 2017

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

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: Is it legal for me to put a camera in my Dad's nursing home room

- I'd like ot make sure he's being taken care of properly.

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on May 16, 2017

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/

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: If my mother's nursing home changed her medication without authorization is that legal?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Apr 28, 2017

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

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: What is the standard of care that applies to nursing home staff?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Apr 10, 2017

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.

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: Do they do a credit check before you are accepted to a nursing home?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Mar 19, 2017

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?

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: What kinds of nurses are required to be on site at a nursing home 24 hours a day?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 28, 2017

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...
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1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: How much proof do you need that a nursing home is mistreating its patients before you can bring a suit?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 4, 2017

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.

2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: My father was injured in a nursing home. Can I ask them for his medical records?
Jonathan Rosenfeld
PREMIUM
Jonathan Rosenfeld
answered on Jan 12, 2017

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

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1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: If my father died in a nursing home and I've filed a suit against the home,

how do I access their records to prove my case?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Dec 5, 2016

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.

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