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The Illinois Nursing Home Care Act: Resident’s Rights When Faced with Nursing Home Abuse, Neglect, or Bad Care

The decision to place a loved one in a nursing home can be a difficult one. While we often have the best of intentions, caring for an elderly family member can be a strain on your family and moving an individual into a facility designed to care for the aging can be tremendously helpful. Not only do nursing homes have skilled staff on hand, but facility resources are also designed to help loved ones transition into their autumn years.

IL Nursing Home Abuse Law Chicago

Unfortunately, the National Council on Aging (NCOA) provides data indicating that approximately one out of every 10 Americans over the age of 60 will experience some form of elder abuse. Many times, this is nursing home abuse comes at the hands of caregivers at a senior care facility. Nursing home neglect and abuse takes many forms, such as:

  • Physical Abuse
  • Sexual Abuse
  • Emotional Abuse
  • Confinement
  • Passive Neglect
  • Willful Deprivation of Medicine, Care or Food.
  • Financial Exploitation

The elderly who are experiencing nursing home abuse or neglect are at an increased risk of death at a rate of 300% more those who do not experience such cases of elder abuse. During a time when your loved one is supposed to be enjoying their golden years, the last thing you want is another’s misconduct causing harm to your loved one. What can you do to ensure nursing homes and elder care facilities are following the law and treating their patrons with the respect they deserve?

Nursing Home Abuse Takes Many Shapes

Under the Nursing Home Care Act, the state of Illinois ensures that nursing home patrons and their families have recourse if the unthinkable happens and the facility or one of their agents neglects or mistreats an individual. For example, every nursing home resident has a right to manage their own financial affairs. Additionally, residents must be allowed their own personal physician if requested, albeit at their own expense. In addition to the hard line rules, Illinois law also requires that caregivers treat residents with dignity, ensuring privacy and respect in treatment programs.

IL Nursing Home Neglect Law

Although sometimes patients or residents may need restraints to prevent them from harming themselves, these restraints may never be used as punishment. The facility, however, may not use restraints without the informed consent of the resident or the resident’s guardian.

Sometimes physical neglect or abuse in a nursing home is obvious, but emotional trauma is less apparent, particularly when a resident suffers from an ailment that prevents them from effectively communicating.

Chicago Nursing Home Neglect Lawyers and Elder Abuse Attorneys Can Help You

It may appear that nursing home lawsuits resulting from the injury of a loved one are straightforward. Although the law does prohibit certain neglectful or abusive acts, administering justice remains complicated. A skilled nursing home lawyer will help you determine who to bring an action against and also what claims to assert.

The experienced Chicago nursing home abuse attorneys at Dinizulu Law Group, Ltd. understand the complicated nature of bringing caretakers and nursing home facilities to justice in the unfortunate event of nursing home negligence and abuse. Let our nursing home abuse lawyers in Chicago help you. Please contact us today at 1-312-384-1920 or 1-800-693-1LAW.

Questions To Ask a Nursing Home Administrator

 

Do you have a loved one that needs to reside in a nursing home?  Our loved ones mean the world to us.  We would do anything to make them happy including researching the best care for them.  Ask staff and administrators the following questions when searching for a nursing home.

The first thing that you want to inquire about is her staff’s education.  What kind of experience and education do they have?  Is continuing education available to them on an ongoing basis?  Are they up to date in new medical techniques and care giving techniques?  The next thing that you’ll want to inquire about is what the caregiver-to-resident ratio is.  You want your loved one to have interactions with the same set of caregivers each day because it promotes stronger bonds and ensures that the caregivers really get to know what your loved one needs and wants.

You’ll also want to inquire about how the staff is trained in handling special conditions.  Do they have training and experience working with residents who may have Dementia or Alzheimer’s?  Do they know the signs, and are the able to handle any obstacles?

Finally, you’ll want to ask about the care they offer.  Is staff trained in infection prevention?  How about preventing bedsores or ulcers?  What about best hygiene practices?  These are all things that should be included in the care plans for residents.  They are also all important factors in determining what facility your loved one resides in.  You don’t want them somewhere where the staff are inadequately trained. Watch the video to learn more.

If you have questions about what questions to ask nursing home administrators, please contact our nursing home abuse attorneys by email or call us at 1-312-384-1920 or 1-800-693-1LAW. Our experienced Chicago-based nursing home abuse lawyers are here for you. You may also find more educational videos and media content from the Dinizulu Law Group, Ltd. on our media page.

Rules For Ensuring Trucking Companies Properly Secure Their Cargo

 

Many different parties are responsible for securing cargo on a semi truck, and 7% of all serious semi truck accidents are caused by loose cargo.  If you happen to be the person driving behind the semi who is hit with flying debris, you’re going to want to know who is responsible for the damage and injuries you incurred as a result of lack of adequate securement.

The initial shipping company is responsible for ensuring that all cargo is properly loaded into the semi truck following OSHA safety standards.  They can’t take any shortcuts, or else they risk violating OSHA standards, which can have serious consequences for them.  The trucking companies must also make sure that their drivers are properly trained in how to secure loads.  The seller or manufacturer of the securement devices also holds responsibility for properly secured loads.  If their device is faulty, then there is a chance that a load won’t be properly secured.  The manufacturer of the cargo itself also holds responsibility.  They need to make sure that all of the cargo is properly bundled before shipping.

In short, there are multiple companies that are responsible for secure loads in semi trucks.  You need to know which party’s negligence led to the load not remaining secured.  That’s where the help of a truck accident attorney comes in.  Watch the video to learn more.

If you have questions about trucking accidents and determining the responsibility for securing a load, we want you to contact the Dinizulu Law Group, Ltd. Our phone number is 1-312-384-1920 and 1-800-693-1LAW. We are a Chicago personal injury law firm with experienced truck accident lawyers who are here for you.

You may also find more videos about truck accident injuries and our law our firm on our media page.

Mom Unexpectedly Dies From Allergic Reaction & Medical Malpractice

Doctors can make mistakes, and these mistakes can cost the lives of your loved ones. If you have suspect medical malpractice occurred when your loved one needed care, I want you to call us at 1-800-693-1LAW or 1-312-384-1920 with your questions. I am a medical malpractice attorney that is here for you. You may also contact us by email. Visit our firm’s media page, where you can view more videos and learn more about your rights.

In this case, the patient was rushed to the ER because she had an allergic reaction to seafood. The hospital staff enacted the ABC’s of medicine, which stands for airways, breathing, and circulation. The first step was to make sure that her airway was not blocked. They did this by inserting an endotracheal tube down her throat to establish her airway.  They made a mistake and inserted the tube too far down her right bronchial tube. This in and of itself is not negligence, but not fixing the tube into the proper position is negligence. Because the tube was improperly inserted, air was only going to the right lung, which resulted in the collapse of the left lung.

At this point the ER doctor had several steps that he could have taken to prevent the patient’s death. Instead of ordering a CT scan, which required transport that could jostle the tube, the doctor could have ordered an x-ray to ensure that the tube was properly placed.

Because the doctor ordered a CT scan instead of an x-ray, the patient was transported to the CT room, which resulted in the jostling of the E.T. tube.  During the CT, the patient was required to be unrestrained.  Because the doctor did not adequately sedate the patient and insisted on a contrast scan, the patient woke up, vomiting. In the process, she pulled the tube out of her throat because she was not restrained, and this permanently collapsed her airway.  The scene was described as chaotic by medical staff, and she did not survive.  Had her medical staff ordered an x-ray instead of CT scan, she may have survived.  This case was settled confidentially and resulted in the client being awarded 7 figures.  Watch the video to learn more.

A Doctor’s Insecurity Led to a Patient’s Death and a Seven-Figure Medical Malpractice Settlement

If your loved one died as a result of mistakes made by medical practitioners, you may be outraged.  You trusted the medical staff to take care of your loved one, and instead they failed.  You may have a potential medical malpractice case. Please call us at 1-800-693-1LAW or 1-312-384-1920 with your questions. I am a medical malpractice attorney that is here for you. You may also contact us by email. Visit our firm’s media page, where you can view more videos and learn more about your rights.

Here we discuss the case of a 50-year-old woman who died as a result of mistakes that could have been avoided by her ER doctor.  The patient was admitted due to a collapsed airway. Upon her arrival, emergency procedures were enacted, and they called all available staff to the scene.  The staff that showed up included ER doctors, nurses, and respiratory therapists.

The patient’s attendant ER physician was able to manually deliver oxygen to the patient, resulting in 100 percent oxygenation during transportation.  At that moment, the ER physician was the only one in control, and as such did not feel that he needed assistance.  In this case, he could have benefited from assistance provided by someone with more specialization in intubation.  The doctor later admitted that he did not possess the skills needed for the surgery required if his intubation failed, but he still proceeded.  The doctor decided to use a paralytic drug that relaxes the muscles but prevents the patient from trying to breathe on her own.  The use of paralytic drugs in such a case is not recommended.

Upon further investigation, the doctor also admitted under oath that he does not like to ask for assistance because he thinks it makes him look stupid.  It appears he was more concerned about his self-esteem and respect from his coworkers than the survival of his patient, and this contributed to the patient’s death.  Our client received a 7-figure settlement.  Watch the video to learn more.

 

What Are the Signs of Nursing Home Neglect?

Finding the perfect nursing home for an elderly loved one is not easy. On the surface, many of these facilities seem comfortable and safe; however, appearances can be deceiving – and all it takes is one poorly trained or negligent staff member to injure a resident.

Read more

What To Do If You Suspect Nursing Home Abuse

Listen as Attorney Yao Dinizulu explains what to do when you suspect nursing home abuse.

Nursing home abuse is a common occurrence. If you suspect nursing home abuse, there are immediate steps you need to take.

The first step that you need to take is seek immediate medical attention. Depending on the severity of the abuse, this can mean calling 911 or demanding that your loved one see a doctor immediately. You can’t waste time. The second step that you need to take is to gather evidence. This includes pictures of any injuries or sores, copies of medical records, and statements from witnesses. You’ll need this evidence to support your case.

You can also contact the Illinois Department of Public Health. Once you file a claim of nursing home abuse, the Department of Public Health will send someone out to inspect the nursing home. During their inspection, they will review medical records, interview staff and residents, and assess the nursing home’s policies. As a result of their investigation, the Department can make the nursing home pay fines for negligence as well as order the nursing home to implement a plan of care that targets the specific issues stated in your claim. Watch the video to learn more.

If you have questions about nursing home abuse and what to do if you suspect it, I want you to call me at 1-800-693-1LAW. I am a nursing home abuse attorney that is here for you. You may also contact me by email. Visit our firm’s media page, where you can view more videos and learn more about the signs of nursing home abuse.

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