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When Does Substandard Nursing Home Care Become Negligence?

Posted on in Neglect

Illinois nursing home neglect lawyersIn the United States, it is an unfortunate reality that many nursing homes and long-term care facilities fail to provide the standard of care that their residents deserve, and that is required of them by state and federal laws. Nursing homes that fail to meet required standards can face financial, legal, and professional sanctions. However, if you or a loved one has been negatively impacted by substandard care in a nursing home, you will have a higher legal standard when it comes to holding the nursing home accountable and recovering compensation for your damages. Specifically, you will need to demonstrate negligence or neglect on behalf of the nursing home or its staff.

Causes of Insufficient Care in a Nursing Home

There are a number of reasons why the care provided to nursing home residents may fall below standards. Some of the most common include:

  • Overcrowding - A nursing home may take on more residents than it has the capacity to care for, leading to cramped conditions that may contribute to safety hazards or the spread of illnesses.
  • Insufficient staff - When a nursing home fails to maintain an adequate staff, residents are likely to receive rushed or less frequent care, or to be left unsupervised.
  • Insufficient training - Staff who are not properly trained in their duties can be more prone to medication errors and mistakes when moving or assisting residents, and they may be less likely to recognize a resident’s needs in order to promptly address them.
  • Environmental conditions - Residents can be exposed to hazardous conditions if the nursing home fails to maintain a clean and safe environment.

If you recognize any of these issues in the nursing home where you or your family member resides, you can take preventive measures to avoid harm, like filing a complaint with the Illinois Department of Human Services or arranging to leave the facility.

Demonstrating Nursing Home Negligence

Nursing home neglect or negligence occurs when the facility’s substandard care causes actual harm to a resident. You may have evidence of neglect if you or your loved one has suffered from any of the following:

An attorney can work with you to build a case for the nursing home’s negligence and recover compensation for damages including medical expenses for the injuries suffered, physical and mental pain and suffering, and wrongful death in the unfortunate event that a resident suffers fatal injuries due to neglect.

Contact a Chicago Nursing Home Neglect Attorney

Holding a nursing home accountable for your damages can help to provide some degree of peace of mind and financial relief. At Schwartz Injury Law, we are committed to serving victims of nursing home abuse and neglect and helping them achieve a fair outcome. For a free consultation, contact our Cook County nursing home negligence lawyers at 312-535-4625 today.

 

Sources:

https://www.dhs.state.il.us/page.aspx?item=32675

https://www.ilga.gov/legislation/ILCS/ilcs3.asp?ActID=1222&ChapterID=21

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