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Parties That May Be Held Liable for Nursing Home Abuse & Neglect

CHICAGO, IL – Nursing homes should be a haven for elderly and disabled individuals who need consistent, quality care. Unfortunately, that’s not always the case. Too often you hear of nursing home horror stories of neglect and abuse happening in facilities. An estimated 5 million people are affected each year by elder abuse, according to Nursing Home Abuse Justice.

A nursing home injury claim may allow an injured victim, or a victim’s family, to hold the liability party accountable for the abuse or neglect a loved one has endured. Nursing home injury claims also may also allow victims to recover compensatory damages. Damages for physical pain and suffering, mental pain and suffering, emotional distress, and cost of medical treatment may also be recovered among other damages.

Liable Parties

Liable parties refer to the party that is legally responsible for an injury or a death, according to Law Insider. In many nursing home cases, the liable party is the nursing home itself because of their obligation to provide competent care and assist residents.

Nursing homes can violate that obligation by:

  • Failing to properly supervise staff
  • Failing to maintain an adequate staffing level
  • Failing to properly supervise staff
  • Failing to perform background checks on staff or other negligent hiring practices
  • Medical mistakes, such as medication errors
  • Failure to provide adequate assistance with residents daily living activities
  • Failing to maintain a safe facility
  • Insufficient sanitation of the facility
  • Failing to provide adequate security measures
  • Intentional abuse of residents, such as physical abuse, psychological or emotional abuse, or sexual abuse

Other Liable Parties

While the nursing home facility is often the liable party that is held accountable for abuse or neglect, there are other parties that may be liable as well. For example, an outside contractor who is not employed by the nursing home can be to blame for a resident’s illness or death. If insufficient sanitation caused a resident to contract an avoidable infection, the company that is contracted to clean and sanitize the facility may be held liable.

Another example would be if a product manufacturer made a defective product, such as a wheelchair, and a resident was injured or died as a result from the product, the manufacturer could be held liable.

Contact a Chicago Nursing Home Abuse & Negligence Attorney

If you or a loved one has suffered due to a nursing homes abuse or negligence, you may be able to hold the liable party accountable and recover compensation for damages through filing a personal injury claim. The nursing home abuse and neglect attorneys of Dinizulu Law Group have extensive knowledge and experience and can help you identify who is liable for the injury or death and represent you throughout the entirety of your case. Call our office at (312) 384-1920 for a free consultation or visit our website for more information.

Concerns Regarding Nursing Home Residents with Alzheimer’s or Dementia

CHICAGO, IL – Approximately 44 million people worldwide are living with Alzheimer’s disease or some form of dementia (Alzheimer’s News Today). Nursing home residents who suffer from Alzheimer’s or dementia may struggle to recall memories, and accurately interpret the world around them. Those who suffer from Alzheimer’s or dementia may become confused easily and even combative with other residents and nursing home staff. If your loved one suffers from dementia and is living in a nursing home, it’s important to understand some of the unique issues he or she may face while living in a nursing home.

Wandering and Elopement

Nursing home residents who suffer from cognitive impairment due to dementia or a related illness are at a high risk of wandering and elopement. A confused resident may wander into dangerous parts of the facility and be seriously hurt.

Four patterns of wandering as described by Myra A. Aud, PhD, RN to Sage Publications is described as:

  • Direct Travel: movement from one area to another without diversion.
  • Random Travel: roundabout or haphazard movement to many locations within an area without interruption.
  • Pacing: a repetitive movement that involves walking back and forth in a limited area.
  • Lapping: a repetitive movement that involves following a circular path around a larger area.

Safety issues related to wandering include both falls and wandering away (elopement). In long-term care settings, wandering interferes with caregiving activities. For example, if a resident who tends to wander infringes on territorial spaces of other residents, this may provoke a personal conflict.

Elopement is the act of wandering away from a safe residence, which is extremely dangerous for those who suffer from a cognitive impairment. An estimated 60 percent of residents with Alzheimer’s disease or dementia will wander away at least once.

Wandering is not only dangerous, but is difficult to predict where a resident could go next. All cognitively impaired long-term care facility residents that are cognitively impaired are presumed to be at-risk for wandering, even if they have no past history of doing so. Although some residents with Alzheimer’s or dementia may inadvertently wander away from a safe area by following staff and visitors as they leave while others actively test locked windows or doors and express a desire to leave.

Possible reasons for wandering include, but are not limited to:

  • A desire for variety such as leaving a confined area for the setting viewed through windows and doors.
  • A desire to go home or to work.
  • A desire to leave the current environment and its stresses.

Wandering and elopement can result in a resident being seriously harmed or even deadly.

Physical Abuse and Sexual Abuse

Nursing homes should be a safe place for the elderly community. Unfortunately, that’s not always the case. Some nursing home residents are victims of physical, psychological, emotional, and sexual abuse. Residents who suffer from Alzheimer’s disease and dementia are more vulnerable to this type of malicious treatment. Perpetrators may target these residents knowing they will likely struggle to report the abuse and could possibly continue to abuse this resident if they think no one may believe them.

Common people who can commit sexual abuse in nursing home facilities:

  • Nurses, aides, or other staff members.
  • Criminals who invade the facility.
  • Fellow residents.

Signs of sexual abuse may include:

  • Physical signs of abuse, such as bruising or blood-stained bedding.
  • Elderly person contracting a sexually transmitted disease.
  • Displaying fear towards a particular caregiver or resident at their long-term care facility.
  • Newly developed depression or anxiety.
  • Withdrawal from normal activities.

Sexual abuse in nursing homes is often underreported and is due to the social stigma behind sexual assault, or fear or retribution by the perpetrator. According to the Administration for Community Living (ACL), there were 20,000 complaints of sexual abuse in nursing homes over the past 20 years. On average, about three people a day in nursing homes are sexually abused.

The National Consumer Voice for Quality Long-Term Care mentions female nursing home residents who suffer from Alzheimer’s or dementia are more likely to be sexually abused. According to the Centers for Disease Control and Prevention (CDC), “1 in 5 women have been either raped or suffered an attempted rape, compared to 1 out of 38 men.”

Medication Mistakes

Most residents in long-term care facilities often rely on one or more prescription medications. They may not remember if they took their medication or not on any given day. Medication mistakes often go unnoticed and residents who suffer from cognitive impairments are at high-risk for missed medications, mixed-up medications, incorrect administration techniques, and other medication mistakes.

Contact a Cook County Nursing Home Injury Lawyer

Nursing home staff are required to provide residents with the standard of care and should take precautions to ensure that residents suffering from dementia and Alzheimer’s disease are safe. If your loved one suffered from nursing home abuse or nursing home neglect, you may be able to hold the facility responsible and recover damages through a nursing home injury claim. Contact one of our experienced nursing home abuse and nursing home neglect attorney’s today for a free consultation at (312) 384-1920 or visit our website for more information.

Recognizing Signs of Nursing Home Abuse in Residents with Alzheimer’s and Dementia

CHICAGO, IL – When placing your loved one in a nursing facility, everyone hopes their loved one will be treated with the respect and compassion they deserve. Unfortunately, that’s not the reality of how some facilities are. Physical, emotional, psychological, and sexual abuse can happen to any resident; however, Alzheimer’s disease and dementia are often ones that are at the most risk for abuse.

Physical Abuse

Physical abuse can take forms in ways of hitting, slapping, kicking, or pinching. It can also take form in a way of roughly handling your loved one when transferring them in and out of their wheelchair or bed. If a resident has bruises, cuts, or other physical injuries that they or staff are unable to explain, this may be a sign that staff or other residents have abused him or her; however, it’s important to note that not all physical injuries are a sign of abuse.

Psychological or Emotional Abuse

Nursing home staff can embarrass, isolate, and scare residents as a form of controlling them. If you see or feel that your loved one exhibits signs of fear towards staff, especially a specific staff member, this may be a sign of abuse. Sudden changes in behavior suck as rocking back and forth can be a sign of abuse. Residents who suffer from Alzheimer’s and dementia become confused and may convince themselves they are in danger and someone is harming them when they may not be the case; however, it’s important to take every precaution and investigate any report of mistreatment or signs of abuse.

Sexual Abuse

It’s difficult to believe anyone could take advantage of someone as vulnerable as an elder, especially someone who suffers from a cognitive impairment. A resident is not limited to suffering from sexual abuse from only staff members – any visitor that enters the facility can abuse an elder, along with other residents or staff members. Signs of abuse can be bruises, bleeding, agitation, depression, torn or blood-stained clothing, and contracting a sexually transmitted infection.

Contact a Cook County Nursing Home Abuse Attorney

If you suspect your loved one has been a victim of nursing home abuse, it’s important to take immediate steps to protect his or her safety. Always alert the nursing facility and authorities about signs of suspected abuse. Once your loved one is safe, contact a Chicago nursing home injury attorney at Dinizulu Law Group for a free consultation at (312) 384-1920 or visit our website for more information.

CMS Issues Memo Reaffirming Nursing Home Residents’ Right to Vote

CHICAGO, IL – The Centers for Medicare & Medicaid Services (CMS) has issued a memo affirming the continued right that nursing home residents are allowed to exercise their right to vote. The memo recognizes limitations visitors have to enter facilities to assist residents in voting; however, nursing homes must still ensure residents are able to exercise their Constitutional right to vote.

Residents’ Rights include:

  • 483.10(b) Exercise of Rights: The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States
  • 483.10(b)(1): The facility must ensure that the resident can exercise his or her rights without interference, coercion, discrimination, or reprisal from the facility
  • 483.10(b)(2): The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights and to be supported by the facility in the exercise of his or her rights as required under this subpart

A resident has the right to vote and must not be impeded in any way by the nursing home facility and its staff. Nursing homes should have a plan in place to ensure residents are able to exercise their right to vote, whether in-person, by mail, absentee, or other authorized process. Some states may have specific programs to enable nursing home residents to vote in which the facility should coordinate and engage with those programs. This may include:

  • Mobile Polling in residential facilities performed by a bipartisan team of workers; and/or
  • Assistance in registering to vote, requesting an absentee ballot, or completing a ballot from an agent of the Resident’s choosing, including family representative, LTC Ombudsmen or nursing home staff

If a resident is unable to cast their ballot in person, nursing homes must ensure residents have the right to receive and send their ballots via the U.S. Postal Service, or other authorized mechanism allowed by the State or locality.

CMS regulations specific to use of mail, which also apply to voting, for voting, include:

  • 483.10(g)(7): The facility must protect and facilitate that resident’s right to communicate with individuals and entities within and external to the facility, including reasonable access to: (i) A telephone, including TTY and TDD services; (ii) The internet, to the extent available to the facility; and (iii) Stationery, postage, writing implements and the ability to send mail
  • 483.10(h)(2) The facility must respect the residents right to personal privacy, including the right to privacy in his or her oral (that is, spoken), written, and electronic communications, including the right to send and promptly receive unopened mail and other letters, packages and other materials delivered to the facility for the resident, including those delivered through a means other than a postal service
    • Promptly meaning the delivery of mail or other materials to the resident within 24 hours of delivery by the postal service, including a post office box, and delivery of outgoing mail to the postal service within 24 hours, except when there is no regularly scheduled postal delivery and pick-up service.

Additional information is available from the HHS Administration for Community Living related to voting rights and resources, as well as contact information for Long Term Care Ombudsmen can be found here.

CMS Clarifies Quality Reporting Rules After COVID Pause, Nursing Home Compare Frozen Until 2022

CHICAGO, IL – The federal government waived several reporting requirements for nursing homes during the COVID-19 pandemic. Although they have been reinstated, the temporary pause will continue to have ripple effects on public data for years to come.

The Centers for Medicare & Medicaid Service (CMS) released an updated tip sheet explaining how the agency’s including data on the Nursing Home Compare website.

In March, CMS announced that the fourth quarter 2019 data for the Skilled Nursing Facility Quality Reporting Program (QRP) and the Value-Based Purchasing Program (SNF VBP) would be optional. This does not require submissions for the first and second quarters of 2020. The agency positioned the move as an emergency measure to allow health care providers to focus on the early days of the COVID-19 pandemic.

CMS Administrator Seema Verma stated the exceptions and extensions that were grant allows for CMS to support clinicians fighting coronavirus on the front lines.

The waived expired on July 1 with quality and Minimum Data Set (MDS) reporting resuming as usual. However, because of how much of CMS’s public data lags the present by several quarters, the pause will have a long-lasting ripple impact on Nursing Home Compare.

The missing data for quarter one and two of 2020 will impact what is displayed on the Nursing Home Compare too; however, CMS claims they have developed a strategy to accommodate these quarters of data.

Enough providers were able to voluntarily report quarter four 2019 data to include that information in the October refresh, which will also unveil six new quality measures. These include:

  • Changes in skin integrity post-acute care: pressure ulcer/injury
  • Drug regiment review conducted with follow-up for identified issues
  • Application of IRF function outcome measure: change in self-care
  • Application of IRF functional outcome measure: change in mobility
  • Application of IRF functional outcome measure: discharge self-care score
  • Application of IRF functional outcome measure: discharge mobility score

October 2020 data will remain constant until public reporting resumes in January 2022, with the next normal Nursing Home Compare refresh which is scheduled for April 2022.

If CMS should change the methodology for calculating measures before January 2022, the agency will follow normal rulemaking procedures with notice and comment periods, according to Skilled Nursing News.

CMS acknowledged the resumption of data reporting requirements on July 1 may have created data mismatches. For example, a resident who does not have an admission record in the MDS because it occurred during the pause.

The agency stated they will make adjustments on their end to accommodate any records that may have missing admissions. The mismatched sets of records will not be counted or included in SNF data calculations for Nursing Home Compare.

Top 4 Elder Abuse Assessment Questions

CHICAGO, IL – If you suspect someone you love may be suffering from elder abuse in their nursing home facility, it’s important to ask questions. The following questions were adapted from the Elder Abuse Suspicion Index (EASI). EASI is a set of questions that doctors may ask if they think an elderly patient is being abused. You can use these assessment questions to check on your loved one’s well-being and begin to take action from there.

  1. Has anyone limited your daily activities?

If someone is limiting a seniors daily activities, they may be doing so in order to take advantage of them, which is known as “willful deprivation.” Willful deprivation can have a wide range of negative consequences.

Through willful deprivation, seniors may not receive food and water, proper medications, glasses or hearing aids, or medical care. According to the National Institute of Aging (NIA), this is a form of emotional abuse.

If a senior tells you someone has been restricting or changing their daily activities, it’s important to find out who. Many times the person who is abusing a senior is someone close to them such as a family member, at-home caregiver, or nursing home staff member.

  1. Has someone talked to you in a threatening way?

Verbal harassment can cause elders to be scared, agitated, and withdrawn; furthermore, can lead to mental health problems such as anxiety and/or depression.

An abuser may use threats to prevent a senior from speaking to loved ones, nursing home staff, and law enforcement officials. This type of intimidation can make it much harder for seniors to seek the help that they need.

  1. Has someone forced you to give them money or sign strange papers?

If someone has forced an elder to give them money or sign papers such as legal documents and checks, it can be a sign of financial abuse.

Financial abuse can drain seniors of their life savings, leaving them unable to afford basic living expenses. It can also cause seniors to suffer from distrust, depression, and feelings of worthlessness.

Unfortunately, some cases of financial abuse may not come to light until months or years after because it can be hard to detect. Some seniors with mental or physical health issues may not be able to properly track their finances. For example, a former attorney store nearly $1 million dollars from a nursing home resident who suffered from dementia over a seven-year period.

  1. Has anyone touched you without your consent or hit you?

If a senior is being inappropriately touched or hit, these physical interactions could be signs of sexual or physical abuse. Other signs of physical abuse can include broken bones or sprains, bruises, scratches, or loss of hair or teeth.

Even if a loved one has not been physically injured, any unwanted touching in inappropriate areas is considered sexual abuse and can traumatize them.

It’s a good idea to take a less direct approach when asking about these sensitive questions. You may want to ask your loved one to explain how they got an injury on their body if one is visible.

Other Elder Abuse Assessment Questions

A senior may not answer elder abuse assessment questions honestly out of fear that their abuser will find out and will hurt them. There are questions you can ask yourself if you think your loved one is being abused.

Ask yourself:

  • Does the senior seem withdrawn or in a bad mood?
  • Are they not making eye contact with you or others?
  • Are they suffering from poor hygiene?
  • Are they improperly clothed?
  • Do they have strange and/or unexplainable cuts, bruises, or other injuries?
  • Are they not regularly taking their medication?

Elder Abuse Assessment: Next Steps

If you believe your loved one is being abused or neglected, it’s important to remove them from that environment as soon as possible. From there, you should take them to a hospital to seek treatment, if necessary. It’s also important to report nursing home abuse or elder abuse to the police or Adult Protective Services (APS). Finally, it’s important to explore legal options to receive compensation for their injuries, medical treatment, and other expenses.

The Dinizulu Law Group, Ltd. has extensive knowledge and resources in this area of the law and provide highly personalized service by working closely with clients throughout every step of the process. Our attorneys have represented hundreds of individuals and families in making claims against abusive nursing home facilities and have helped them receive the compensation they deserve. Please call our office to schedule a free consultation at (312) 384-1920 or visit our website for more information.

Increased Nursing Home Data Reporting Could Bring ‘Perfect Storm’ of Federal Lawsuits

CHICAGO, IL – In March, the Department of Justice (DOJ) announced the creation of a specialized task force who would be investigating “grossly substandard care” in nursing homes across the United States with both criminal and civil penalties on the table for owners and operators. On March 3 when the DOJ made the announcement, approximately 30 facilities in nine states were under investigation.

The initiative became overshadowed by the COVID-19 pandemic; however, lawyers have emphasized that the initiative is one of several possible venues for government officials to enforce acts of abuse and neglect in nursing home facilities – actions that could be guided by the COVID-19 nursing home data that facilities are required to submit.

On top of the DOJ initiative, the Office of Inspector General (OIG) is reviewing multiple facets of nursing home operations that include the following according to Skilled Nursing News:

  • Medicaid nursing home life-safety and emergency preparedness reviews
  • Audits of nursing home compliance with COVID-19 reporting requirements
  • Why COVID-19 had the effect it did on the hardest hit facilities
  • Infection prevention and control programs in nursing homes
  • Nursing home oversight

According to Brian McGovern, a partner at Crowell & Moring mentioned this is “the perfect storm for a potential wave of lawsuits for targeting facilities with a record in infection control surveys.”

Whistleblowers can also bring lawsuits forward under the False Claims Act (FCA) and seek to recover damages afforded under the act. FCA cases relate to the conduct of private companies that work with Medicare, Medicaid, and other public health funding sources.

The future for FCA cases is that the DOJ has rarely based allegations of the FCA liability on quality of care since it’s a regulatory issue rather than a law enforcement issue.

Illinois lawmakers seek hearings after failure to investigate nursing home complaints

CHICAGO, IL – The Illinois Department of Public Health has hired a former U.S. Attorney to review the department’s failure to investigate complaints of nursing home abuse and neglect in long-term care facilities for more than three months over the course of the pandemic.

Last month, Deputy State Long-Term Care Ombudsman Chuck Miller said he and others could not properly advocate for residents they represent due to COVID-19 restrictions. “I’ll just say our program has had difficulties because we’re not regulators,” he said.

The department said that for more than 15 weeks during the COVID-19 shutdown, the Bureau of Long-Term Care was not properly processing or investigating claims.

Illinois law requires abuse and neglect complaints to be reviewed within certain time frames was not suspended. IDPH personnel did not complete reviews of allegations of abuse and neglect in a timely manner between March 15 and June 30.

According to the Washington Examiner, the department has more than 272 allegations of abuse and neglect from that period and substantiated the factual circumstances of 17 of those complaints.

To ensure findings are thorough and accurate, IDPH has hired former U.S. Attorney Cox to conduct a thorough review of the complaints that IDPH found to be unsubstantiated.

Nursing Homes & Their Response to Residents with Dementia

CHICAGO, IL – Close to two-thirds of all US nursing home residents have some type of cognitive impairment, such as dementia, and the quality of care and quality of life of these people have been long called into question. Dementia denial from caregivers is real and dangerous, especially in a nursing home setting. Dementia diagnoses can also be missed when staff members are overworked, and poorly resourced care teams do not receive adequate training to evaluate struggling residents that may require extra supervision and management of medications, daily activities, and financial needs.

Signs of Dementia

It is important to know the signs of dementia to know when a resident should be moved from a nursing facility to move to a 24-hour assisted specialized living environment to keep them safe.

  1. Early Stage Memory Loss

One of the most common and prominent signs of dementia, especially in early stages, is forgetting information such as important dates or events, and asking the same questions repeatedly. Those who are in the early stage tend to have an increasingly need to rely on others to recall facts, people, or routines.

  1. Inability to Concentrate and Conversate

Some people who suffer from dementia may experience changes in their ability to concentrate and follow a plan or conversation. They may have trouble keeping up with the conversation or become confused. They may also begin to struggle with naming familiar objects, such as calling a “bed” a “table.”

  1. Falls Occur

Those with dementia have an increased likelihood of increased falls and hip fractures. Falls can happen when staff are not following protocol, such as needing two people present to move a resident from their wheelchair to bed. Severe bone fractures and traumatic brain injuries (TBI) are both common fall injuries that can lead to a decline in a person’s health.

  1. Wandering and Elopement

Six out of 10 people who suffer from dementia will wander and aimlessly attempt to move around the facility without regard for their personal safety. The National Council of Certified Dementia Practitioners (NCCDP) have identified different types of wandering; such as, environmentally cued wandering, recreational wandering, agitated purposeful wandering, fantasy or reminiscent wandering, and elopement. According to NCCDP, elopement is the most dangerous type of wandering and occurs when a patient attempts to leave the nursing home altogether and wander outside.

  1. Growing Difficulty with Simple Tasks

As dementia progresses, the ability to perform daily tasks such as bathing, eating, getting dressed, and socializing decreases.

  1. General Confusion Over Visits and Appointments

As stated early, those who suffer from dementia begin to lose track of important dates and events, like holidays, or forget a family member is coming to visit. They begin to start struggling to understand where they are, why they are there, and how they got there.

  1. Misplacing Items

Your loved one may begin to lose items or put them in an unusual place. They likely will not be able to retrace their steps as their memory decreases. They may also accuse others of stealing or misplace important personal items, especially as the disease progresses.

  1. Changes in Mood, Personality, and Sound Judgement

Individuals may experience difficult changes in judgement and decision making. Mood and personality changes can happen to someone with dementia and early-stage Alzheimer’s. Individual’s become easily confused, fearful, suspicious, anxious, or depressed.

Nursing Homes Response to Residents with Dementia

In a recent study published by the US National Library of Medicine National Institutes of Health, residents with dementia or Alzheimer’s are at a greater risk of experiencing abuse. Abuse can exist in many forms such as caregiver neglect, psychological abuse, physical abuse, emotional abuse, abandonment, self-neglect, sexual abuse, and financial exploitation.

The most common facilitators were the introduction of policies and programs in the facility, education, and working conditions. The most cited barriers were poor training, working conditions in a long-term care setting, and a lack of research. The growing population could increase this problem exponentially, researchers stated.

Current abuse continues because of detection and prevention issues; however, another issue is that 80 percent of elder abuse goes unreported.

How to Prevent Abuse

The best way to prevent and abuse is to keep yourself educated of the sign and symptoms so you know what to look for, and attentively listen to residents, especially those who are most vulnerable that suffer from dementia or Alzheimer’s. By creating a culture in which nursing home staff members report all suspected abuse, organizations are able to increase their chances of identifying and rectifying abuse behaviors quickly.

Facilities need to offer training and better screening processes for employees to identify and recognize resident issues. They must also diligently hire staff who are fit to care for older adults and train staff to recognize and report suspected abuse. Dementia professionals must also be educated and on high-alert to the risks associated with dementia-ridden residents and their likelihood of being exposed to abuse and neglect.

Contact an Experienced Nursing Home Abuse Attorney

It can be difficult and traumatic to discover that you or a loved one is suffering from dementia or Alzheimer’s and are unsure about your future. If you suspect your loved one is being neglected or abused due to suffering from a cognitive impairment, the Dinizulu Law Group will help you understand common situations and signs that something is wrong.

The Dinizulu Law Group, Ltd. has extensive knowledge and resources in this area of the law and provide highly personalized service by working closely with clients throughout every step of the process. Our attorneys have represented hundreds of individuals and families in making claims against abusive nursing home facilities and have helped them receive the compensation they deserve. Please call our office to schedule a free consultation at (312) 384-1920 or visit our website for more information.

What Are a Nursing Home Resident’s Financial Rights?

When you think of a nursing home, you probably imagine many elderly individuals living there who rely on staff members to help them with their everyday tasks. While it is true that most do require around the clock assistance, there are plenty of residents who still act independently and are able to manage certain areas of their life. Take finances, for instance. A large portion of residents living in a nursing home in Illinois still have the mental capacity to make financial decisions and even handle their own money. According to The Consumer Voice, some of the financial rights a nursing home resident has include:

  • They have the right to handle their own bank accounts and money.
  • They have access to their funds on weekdays during business hours.
  • They are able to withdraw as much of their own money as they choose.
  • They can keep their spending habits private.
  • They can receive an itemized account of their monthly bill.
  • They can appoint a person to handle their finances.

Because a nursing home resident may still have access to their funds, many individuals, including workers and even family members, will sometimes take advantage of their vulnerability and steal from them. This is referred to as financial abuse or financial exploitation. Because this is a serious issue many aging individuals are faced with today, it is important that if you are considering allowing someone to manage your money, it is someone you can trust.

What are some preventative measures that can be taken to avoid theft in a nursing home?

Aside from financial abuse, nursing home residents also find themselves faced with other issues including having their valuable items taken from them should they choose to bring them when they transition from living in their own home and into a nursing home. Because we understand how important these items may be as they may not only hold value but also a place in your heart, it is important that you take preventative measures to avoid from becoming a victim of theft during your stay. Some preventative measures The Consumer Voice recommends you take include:

  • Mark all of your personal items, including watches, dentures, eyeglasses, and hearing aids, etc. so that everyone knows who they belong to.
  • Keep a written inventory checklist of clothing and other valuables, signed by you and a representative from the facility.
  • Provide your family members with a copy of the inventory checklist as well.
  • Take pictures of your valuable items.
  • Keep copies of all receipts for any items taken into the facility.
  • Place locks on clothing drawers and/or cabinets, where only you and an administrator have a key to open it.

What should I do if I am the victim of financial abuse?

If you or your aging relative has become the victim of financial abuse and you believe an Illinois nursing home employee is inflicting this abuse, you are encouraged to contact the Chicago, IL nursing home abuse lawyers at Dinizulu Law Group, Ltd. Our dedicated team of attorneys can investigate into the matter and gather all the necessary evidence that proves you or your loved one is, in fact, the victim of such abuse. We can then explain what options are available in terms of taking legal action and help you make an informed decision as to which may be the best for you to pursue.

To schedule a consultation to learn more about nursing home financial abuse and how we can serve as an advocate for you and your loved one, contact us today at (312) 384-1920.

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