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Illinois Nursing Home Abuse Questions & Answers
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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1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: I feel like my mother is being given way too many invasive tests,

which are not going to change the outcome of the progression of her disease - it feels like these guys are just doing this to rack up a higher bill. Is there anything I can do?

Robert D. Kreisman
Robert D. Kreisman answered on Oct 7, 2016

You should definitely bring this to the attention of your mother's treating physician and to the nursing home administrator. If your inquiries are not answered I would suggest you contact the Illinois Department of Health and Human Services which inspects Illinois nursing home and handles... Read more »

2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: I suspect my Dad might be being given too much medication at his senior home

- he seems pretty out of it. If I can prove that's the case, can I sue them?

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Sep 28, 2016

Over medication of nursing home patients is a major problem. In some instances facilities intentionally provide the medication to sedate patients and make them easier to care for. In other instances, the over-medication may be less intentional-- in either respect, the over-medication of nursing... Read more »

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1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: Do I have a case in that after filing for Medicaid Mother`s health rapidly failed, ending in death at a nursing home?

The cause for mother`s death was reported as failure to thrive and dementia. She thrived as long as she was self-paying. After filing for Medicaid, she began sleeping more and through mealtimes. When awake she complained of being hungry and ate whatever I brought as well as that which I gave an... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Sep 21, 2016

I suggest you contact the Illinois Department of Health and Human Services about this. It will investigate and file a report of its findings. Depending on what the cause of death was, you may want to consider whether to have an attorney review the hospital and nursing home records to see if there... Read more »

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: It was only by chance that I stopped to check in on my Mom

at her nursing home and discovered her on the floor with no one assisting her. Is this enough to file neglect charges?

Robert D. Kreisman
Robert D. Kreisman answered on Sep 21, 2016

This occurrence should certainly get the attention of the Illinois Department of Health and Human services which you may contact to report this and file a complaint. The department will investigate this event. Whether there is a case to be brought under the Illinois Nursing Home Care Act depends... Read more »

2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: I suspect that the care facility is neglecting my Mother.

Is there any issue with installing a camera in her room to see what's going on when I'm not there?

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Sep 14, 2016

I am sorry to hear about your concern. Illinois recently passed a law that allows families to place a camera in the room of a loved one in a nursing home. Read more here http://progressillinois.com/news/content/2015/10/06/nursing-home-cameras-ensuring-safety-loved-ones

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1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: My Dad came back from rehab with a bed sore and it's taken months to heal. Can we sue the place for neglect?
Robert D. Kreisman
Robert D. Kreisman answered on Sep 9, 2016

If the bed sore was caused or arose while your dad was rehabbing at this facility, he may have a good cause of action for negligence. I would encourage you to photograph the wound and to be sure that your dad is receiving medical care given the dangers of an open would has to infection. I assume... Read more »

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: I feel like my Mom is not being treated very well in her nursing home but my brother doesn't want to make waves.

Can he stop me from suing them?

Robert D. Kreisman
Robert D. Kreisman answered on Sep 3, 2016

Your brother and your other siblings would have the same standing to file a lawsuit against a nursing home for injuries or death to a resident assuming a few facts not given here. For one, is your mother's husband alive and well? Is your mother of sound mind and memory, not adjudicated a... Read more »

2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: I just found out a social worker at my Mom's nursing home had her sign a new power of attorney.

But I'm already her power of attorney. What should I do?

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Aug 24, 2016

Does the new power of attorney appoint someone other than yourself?

Changing a power of attorney is a significant decision as it affects who can make life-changing decision about health care and other substantive issues.

If your mother is capable of understanding the significance...
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1 Answer | Asked in Elder Law and Nursing Home Abuse for Illinois on
Q: Is there a legal number of times my mother's bed should be changed in her nursing home?

She is incontinent and we are worried about bed sores.

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Aug 23, 2016

I think you may be referring to patient 'off-loading' or turning. This is done to help keep the blood circulating in patients who are immobile or disabled. The idea is that by moving the patient regularly, the underlying tissue will remain healthy and bed sores will not form.... Read more »

2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: When I admitted my Dad to the care facility we signed something that said something about arbitration.

But I feel like his death was due to their neglect - do we have an option to sue them?

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Aug 23, 2016

Arbitration agreements in nursing home admissions have become increasingly common. The primary reason nursing homes have opted to include arbitration agreements is because they believe that disputes will be resolved more favorably for them. Additionally, since these arbitrations are not filed in... Read more »

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1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: I want to know what(particular motion to file) to allow me more to dismiss a case after an attorney withdraw from a case

That would allow me additional time to percue my case.

Adam Studnicki
Adam Studnicki answered on Aug 3, 2015

See if you can find another lawyer to take over. Better to be represented.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for...
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1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: If my grandfather died because he was neglected at the nursing home my mom put him in, should we try to investigate?
Robert D. Kreisman
Robert D. Kreisman answered on Dec 2, 2010

If the circumstances of your grandfather's death were such that his death can be related to the treatment or lack of it at the nursing residence, I would recommend that the family request the nursing home's records for your grandfather's time at this facility. Also, I would... Read more »

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