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Schwartz Injury Law

312-535-4625

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What Is Nursing Home Neglect?

Posted on in Neglect

Illinois nursing home neglect attorneysEveryone agrees that nursing home residents deserve to be well cared for. However, understanding the exact standards nursing homes must meet when it comes to resident care is often difficult. For many, it is hard to know if the type of care a resident is receiving is substandard. When does poor care cross the line into nursing home neglect? What can be done to hold a nursing home responsible for neglecting vulnerable nursing home residents?  

Failure to Provide Necessary Care

State and federal laws govern nursing home expectations and regulations. In Illinois, the Nursing Home Care Act describes the actions required of nursing home staff, the rights residents must be afforded by law, and the type of actions nursing homes are prohibited from taking. The Nursing Home Care Act defines neglect as a nursing home’s failure to provide sufficient medical care, mental health care, personal care, and assistance with daily living activities needed to avoid mental or physical harm to a resident. Put another way, neglect occurs when a facility fails to provide adequate resident care and a resident suffers mental or physical injury because of this. Neglect can lead to new and worsening medical conditions, a decrease in the resident’s independence and functioning, emotional and psychological issues like anxiety and depression, and more.  

Examples of Nursing Home Neglect

Nursing home neglect may take many different forms. Sometimes, nursing home neglect is willful. A staff member may simply choose not to complete the tasks needed to perform satisfactory resident care. More often, nursing home neglect is the result of inadequate staffing, poor staff training, inefficient scheduling, or negligent hiring practices. It is important to note that nursing home neglect is still in violation of the Nursing Home Care Act and other legislation even if it is not deliberate. Some examples of neglect suffered by nursing home residents include:

  • Failure to prevent bedsores in patients with limited mobility
  • Allowing residents to remain in soiled clothing or incontinence undergarments
  • Providing inadequate food and water
  • Forgetting to give residents medication or giving an inaccurate dose
  • Providing inadequate assistance with bathing and other personal hygiene
  • Not maintaining a hygienic, safe living environment for residents
  • Allowing residents to wander or elope
  • Not supervising residents who may be a danger to themselves or others
  • Ignoring resident request and complaints
  • Hiring staff with a history of abuse or violence
  • Not reporting resident illnesses and injuries in a timely manner

Contact a Chicago Nursing Home Neglect Lawyer

If you or a loved one were harmed because of nursing home neglect, contact Schwartz Injury Law to discuss your legal options. A nursing home injury claim may enable you to hold the neglectful nursing home accountable for the negligent care as well as recover financial compensation for damages. Call our office at 312-535-4625 today and schedule a free, no-obligation case review with a skilled Illinois nursing home injury attorney.

 

Source:

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/190.00.pdf

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