There are several legitimate reasons for evicting or discharging a resident from a nursing home or long-term care facility. For example, administrators might discharge a resident who recovered from serious injuries and no longer needs specialized care.
Additionally, a private facility can evict residents who fail to pay for services rendered, and in some cases, a nursing home might evict a resident who poses a threat to the staff or to the other residents. Unfortunately, involuntary discharges, or evictions for no apparent reason, are becoming more common around the state.
In fact, according to National Public Radio, the number of nursing home evictions has more than doubled in Illinois over the past five years. State Sen. Daniel Bliss believes nursing homes would like to attract a certain kind of resident, and when individuals do not meet their unspoken “standards,” administrators essentially evict them and then refuse their readmission.
If your loved one sustained serious injuries or an illness as a result of a poorly handled involuntary discharge, contact the Dinizulu Law Group, Ltd. Yao O. Dinizulu is an elder abuse attorney in Chicago who will interview witnesses, gather evidence, and help you make a claim for the maximum compensation possible. Call 312-384-1920 to schedule a free case evaluation.
When Can a Nursing Home Discharge a Resident?
According to the Illinois General Assembly, nursing home administrators must allow residents to continue living in their facility unless:
- The facility cannot meet all of the resident’s healthcare needs;
- The resident no longer needs long-term care or around-the-clock access to nursing services;
- The resident poses a danger to staff or other residents in the facility;
- The resident has failed to meet his or her financial obligations; or
- The facility is closing.
Unless the facility is closing, nursing home administrators must document why they are transferring or discharging the resident before the staff actually moves him or her. If the transfer or discharge is a result of the resident’s failing or improving health, his or her physician must provide documentation stating as much.
The Nursing Home Discharged My Loved One—Can I File an Appeal?
Nursing home residents always have the right to appeal a discharge or transfer. Additionally, if the facility violated state regulations by failing to follow all mandated procedures when discharging your loved one, you also have the right to file a lawsuit. In such a scenario, the court may issue an injunction to prevent or reverse the transfer and may order the nursing home to pay punitive and compensatory damages.
If your loved one suffered serious injuries or died following an improperly handled nursing home transfer or discharge, Yao O. Dinizulu will calculate your damages and help you file a nursing home lawsuit in Chicago for the maximum compensation. Call 312-384-1920 to schedule a free consultation with an elder abuse attorney. You can learn more about nursing home abuse claims in Illinois by visiting the USAttorneys website.
