In response to the Coronavirus or COVID-19, our law firm is constantly monitoring both the legal impact and community health guidelines. Keeping our clients and our employees healthy and safe is our top priority.
We are currently limiting in-person meetings and instead, offer phone and video conferencing support. We are closely monitoring court closures throughout Illinois and will be in touch should there be postponements or delays in your case.
Please call or email us if you have concerns. We are here for you. Be safe and be well!
During the COVID-19 crisis, our attorneys are working and available to discuss your case with you.
Schwartz Injury Law

312-535-4625

60 W. Randolph Street, Suite 300, Chicago, IL 60601

5 Convenient Locations - Available 24/7 - We can travel to you

Chicago nursing home negligence lawyersThere are over a million individuals currently living in nursing homes across the United States. Some nursing home residents suffer from physical disabilities, hearing and vision loss, and age-related illnesses. Others suffer from cognitive conditions such as dementia and Alzheimer’s disease. Regardless of their reasons for being there, all nursing home residents have one thing in common: the right to competent and compassionate care. When nursing homes employ staff who are not qualified to work in a long-term care environment, residents may suffer from neglect or even intentional abuse.

Underqualified Staff Members Can Make Dangerous Mistakes

Caring for elderly and disabled individuals is not an easy job. Residents may suffer from multiple physical and mental health complications and require a strict medication regimen. They may need help with daily living activities like eating and bathing. Many residents also need help getting to and from their beds and wheelchairs. When staff are not qualified to handle residents’ needs, the residents can suffer preventable injuries or even death.

Intentional Abuse in Nursing Homes

Nursing homes must take steps to ensure that the staff they hire are suited to perform the job tasks. They should also ensure that the applicants do not have a history of violence or abuse. The following steps can prevent unqualified or dangerous individuals from being hired at a nursing home:

...

Chicago nursing home abuse attorneysNursing home residents have a number of rights that are afforded to them by the Illinois Nursing Home Care Act, as well as other state and federal legislation. Nursing home staff members have both an ethical and a legal responsibility to treat nursing home residents with respect and to provide satisfactory medical care. Another provision contained in the Illinois Nursing Home Care Act is that nursing home residents should be free from “unreasonable restraint.” This includes both physical restraints and chemical restraints. If your loved one has been restrained through the use of unnecessary medication, he or she may be a victim of nursing home abuse or neglect.

When Can Restraints Be Used on a Nursing Home Resident?

Individuals living in a nursing home deserve to have as high a quality of life as possible. Their movements should never be restricted unless it is absolutely necessary. Both physical restraints like limb ties and chemical restraints like sedating medication should only be used if needed to protect the immediate safety of the resident. According to the law, nursing home residents should only be given medication such as antipsychotics and benzodiazepines if a medical condition necessitates it and the medication is prescribed by a physician. Unfortunately, many nursing homes administer sedating medications to residents who do not even have the condition the medication treats. They often do this in order to keep the residents docile and less likely to wander around.

Dangers of Giving Residents Unneeded Medication

Not only is it cruel to give nursing home residents sedating medication they do not need but it also puts the residents’ lives at risk. Antipsychotic medications are designed to treat mental conditions like schizophrenia but they also have a strong sedative effect. Nursing home staff frequently administer antipsychotic medications to residents to keep them sedated. Alarmingly, antipsychotic medications carry a “black box warning” which is the most serious type of warning issued by the U.S. Food and Drug Administration (FDA). The warning specifically cautions against administering antipsychotic medicine to elderly patients or those with dementia or Alzheimer’s disease. The drugs have been associated with an increased of risk among these groups.

...

Illinois nursing home abuse attorneysThe majority of people living in a nursing home must stay there because they have mental and/or physical ailments that make it impossible for them to live alone. Dementia, Alzheimer’s disease, and other illnesses that affect cognition are especially common in nursing home resident. These illnesses can sometimes cause a nursing home patient to become extremely confused or hostile.

In some cases, a resident may believe that nursing home staff or other residents are trying to hurt them so they act out aggressively. In order to keep residents from harming themselves, other residents, or nursing home staff, physical restraints are sometimes used. However, excessively using physical restraints to confine a nursing home resident can constitute nursing home abuse.

Common Types of Physical Restraints

Restraints are anything that restricts the movement of a nursing home resident. Examples of physical restraints include:

...

Illinois nursing home abuse attorneysIf you have a loved one who is currently living in a nursing home, you expect that the facility will provide a high level of care based on your loved one’s needs. Many nursing home residents, as you probably know, are already dealing with a wide range of physical, mental, or behavioral conditions that necessitate the around-the-clock care that nursing homes provide. For some residents, however, things are made even more difficult. Sadly, physical abuse is not unheard of in nursing homes, and such abuse can be extremely serious.

Physical Abuse by Staff Members

It is no secret that staffing is a problem in many nursing homes. Chronic understaffing has long been associated with significant drops in employee morale, as well as concerns regarding proper training and patient care protocols. In short, far too many nursing homes are left with staff members who are overworked, underpaid, and, often, ill-equipped to handle their patients. Unfortunately, some staff members take their frustrations out on their patients.

According to research compiled by the National Center on Elder Abuse, more than 50 percent of nursing home staff admitted to the mistreatment of their elderly patients. While two-thirds of these admissions reportedly involved neglect, this still means that about 17 percent admitted to physically mistreating patients under their care.

...

Illinois nursing home abuse attorneysNursing home residents live in a nursing home because they are unable to live on their own. This could be due to physical disabilities, mental incapacitation, or most often, both. Sometimes these issues make it necessary to restrain a resident in order to limit his or her movement in some way. For example, side rails on a bed may be used to help a resident who is prone to rolling out of bed avoid injury. Restraints can be either physical or chemical, and should only be used when doing so is absolutely necessary to prevent harm to the resident. Restraints that are used as a punishment or for the convenience of nursing home staff are unacceptable and not in compliance with Illinois law.

The Nursing Home Care Act Outlines Residents’ Rights

The Illinois Nursing Home Care Act is a law that protects the rights of nursing home residents and dictates the type of care that nursing home staff must provide for residents. According to the law, nursing home residents have the right to:

  • Be free from neglect and abuse at the hands of nursing home staff;
  • Practice their chosen religion;
  • Keep personal items and clothing in their room;
  • Receive medical treatment from a doctor of their choosing;
  • Receive visits, phone calls, and other correspondence from loved ones;
  • Refuse unwanted medical treatment; and
  • Be free from unreasonable restraint.

These are only a few of the rights protected by the Nursing Home Care Act. The full text of the act can be found in Section 210 of the Illinois Compiled Statutes.

...
Back to Top