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Illinois Nursing Home Abuse Questions & Answers
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
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 injury. So,... Read 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... Read 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?
Stephanie Sexauer
Stephanie Sexauer answered on Feb 2, 2018

Hi there,

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.

Stephanie Sexauer

(312)300-4743...
Read 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
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
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
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... Read 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
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
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
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
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
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...
Read more »

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
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
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... Read 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
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.

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: are nursing home employee employment histories subject to discovery in IL?
Robert D. Kreisman
Robert D. Kreisman answered on Nov 29, 2016

It depends on your claim. If the employee's acts or omissions were so egregious, the person's work history may be relevant and thus subject to discovery.

2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: Is it possible for me to get medical records from the nursing home where my father was injured?
Steve McCann
Steve McCann answered on Nov 9, 2016

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 »

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2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: My parent is at a care facility and I've witnessed what I think is neglect of another person who lives there.

Would I be able to bring suit for them? They have no family as far as I can tell.

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Oct 19, 2016

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 »

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2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: My dad was hit by another resident at his care facility and was injured. I feel like it's the facility's job to make su

I feel like it's the facility's job to make sure he is kept safe - can we sue them?

Steve McCann
Steve McCann answered on Oct 14, 2016

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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