When you make the difficult decision to place a loved one in the care of a nursing home, you expect that their needs will be met and that they will, in fact, be cared for. Unfortunately, negligence and outright abuse in nursing homes is all too common and is on the rise. In spite of the many state and federal regulations which have been established to protect the elderly in these settings, gross violations continue to occur every single day, tragically compromising the health, well-being and dignity of your family members.
Nursing Home Abuse Goes Unreported, Undetected
It is estimated that about 84 percent of nursing home abuse cases go unreported or unrecognized. It can be difficult to recognize because it is frequently concealed by nursing home staff, or sometimes the abuse victim is too frightened or incapacitated to report the mistreatment. Common warning signs that a nursing home resident may be suffering abuse or negligence include rapid weight loss, unexplained bruises or other injuries, sudden agitation or emotional withdrawl, the substitution of heavy medication or sedatives for supervision, or the inability of a caretaker to sufficiently explain the patient's condition.
Illinois Nursing Home Abuse Laws
The Nursing Home Reform Act of 1987 requires that a nursing home "provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident" in accordance with a specific plan of care. To obtain Medicare and Medicaid funds, nursing homes must also comply with the U.S. Code of Federal Regulations policies for long-term care that specify that nursing homes must:
- Have sufficient nursing staff to provide nursing and related services,
- Develop a comprehensive care plan for each resident,
- Prevent the deterioration of a resident's ability to bathe, dress, groom, transfer and ambulate,
- Ensure that residents receive proper treatment to maintain vision and hearing abilities,
- Ensure that residents do not develop bedsores,
- Provide appropriate treatment and services to incontinent residents,
- Ensure that the resident receives adequate supervision and assistive devices to prevent accidents,
- Ensure that residents are free of any significant medication errors,
- Promote care for residents in a manner and environment that maintains or enhances each resident's dignity,
- Ensure that the medical care of each resident is supervised by a physician and must provide or arrange for the provision of physician services 24 hours a day, in case of an emergency, and
- Provide pharmaceutical services.
If you suspect that a loved one in a nursing home is the victim of nursing home abuse or neglect, it is important to contact a nursing home attorney to immediately get involved to stop the wrongdoing. Baizer Kolar & Lewis P.C.'s experienced lawyers know the ins and outs of nursing home litigation and can help you and your loved ones recover the compensation and dignity you deserve.
Contact the attorneys at Baizer Kolar & Lewis P.C. for a free consultation to discuss your case.
