Every state has certain laws that aim to protect nursing home residents from mistreatment, abuse, neglect, substandard care, etc. These laws have been put into place as nursing home residents are vulnerable and dependent on the staff and simply wouldn’t survive if it weren’t for them. Aside from these laws outlining how facilities should be run and the types of workers that should be hired to work in them, they can also be used as a form of defense when a nursing home resident is abused or mistreated.
Some instances where the Nursing Home Care Act can be used as a line of defense after a nursing home resident has been mistreated include:
- When a resident has been improperly restrained.
The Act states that “A restraint may be used only with the informed consent of the resident, the resident’s guardian, or other authorized representative.” However, when a staff member uses a restraint without consent or to restrict a resident from being able to move around freely so that the employee is able to tend to other resident’s with ease, they are in violation of 210 ILCS 45/2-106(c) and can then be held accountable for doing so.
- When a resident is given medication he or she has not been prescribed.
According to 210 ILCS 45/2-106.1(a), “A resident shall not be given unnecessary drugs.” This means that if a resident is administered antipsychotic drugs as a way to keep them calm as they are known to have a sleep-inducing effect, the worker and/or facility can be held liable for violating this section of the Nursing Home Care Act. The fact is, this type of medication should only be given to those who suffer from a medical condition it is used to treat, not to help make the lives of nursing home staff members easier by keeping residents quiet and calm.
- When a resident has not been provided with the proper nourishment or their personal hygiene has suffered as a result of a worker not bathing them or changing their attire regularly.
Section 2-107 of the Nursing Home Care Act states that “An owner, licensee, administrator, employee or agent of a facility shall not abuse or neglect a resident.” When a nursing home staff member fails to provide all residents with the proper amount of food and water or doesn’t bathe them regularly so they can maintain cleanliness and good overall hygiene, this is recognized as a form of neglect and yet another violation of the Act.
Anytime a section(s) of this Act or any state or federal rules or regulations are violated, a nursing home staff member and/or the facility they work for can be held accountbale for any pain, suffering, etc. they have caused a resident to experience.
How can I recognize a nursing home staff member in Chicago, IL for violating a state or federal law which resulted in my loved one being mistreated?
If an employee is responsible for harming your loved one in any way, this act can be used to defend your relative if you are looking to have criminal charges filed against them or even if you want to file a personal injury lawsuit against the facility. You will want to retain a Chicago, IL nursing home abuse attorney, however, as there is a specific process that must be followed in order to successfully do this. The lawyers at Dinizulu Law Group, Ltd. have been providing legal services to victims of abuse as well as their families and would be happy to aid you in getting the worker and/or facility acknowledged for their inappropriate and possibly even illegal behavior.
Contact us today at 1-312-384-1920 to schedule an initial consultation with one of our trusted nursing home abuse lawyers in Chicago.
Dinizulu Law Group, Ltd. is located at:
221 North La Salle Drive, Suite 1100
Chicago, IL 60601