We are passionate about fighting for our clients, and if you or a loved one has suffered an unexplained injury or illness in a nursing home, we want to help you stand up for yourself and enforce your legal rights.
Our nursing neglect attorneys will always stand for victims who had been hurt from negligence of caretakers. Negligence occurs when the care taker is not fulfilling his/her duty to a resident. It includes physical neglect (deprived bathing methods, lack of toileting and wrong body positioning), medical neglect (lack of medical care, poor access to medical aid and more) and proper assisting (Lack of assistance to the resident in eating, drinking, avoiding cries for help and more). Our highly skilled personal injury lawyers provide right justice and fair treatment for your abuse and negligence.
Our nursing neglect attorney will always stand for victims who had been hurt from negligence of caretakers. Negligence occurs when the care taker is not fulfilling his/her duty to a resident. It includes physical neglect (deprived bathing methods, lack of toileting and wrong body positioning), medical neglect (lack of medical care, poor access to medical aid and more) and proper assisting (Lack of assistance to the resident in eating, drinking, avoiding cries for help and more). Our highly skilled personal injury lawyers provide right justice and fair treatment for your abuse and negligence.
If you believe your loved one has suffered abuse while in a nursing home, you may be looking for a nursing home abuse lawyer near your location.
Whether it was bedsore, rough treatment, or any kind of abuse, our expert attorneys at Malman Law will fight for your loved one until justice is served.
Contact today one of the best nursing home abuse lawyers near you right away.
Nursing home neglect and abuse in Chicago is a real concern. Residents who are recipients of that sort of behavior often suffer emotional and psychological distress. When this deplorable behavior occurs, you may have a cause of action for a nursing home abuse lawsuit. Keep in mind that it’s possible that your loved one may not feel comfortable talking to you about what you overheard or whether it is something that is happening on a regular basis. Warning signs of verbal and emotional abuse in a nursing facility include:
If you believe that your loved one may be a victim of nursing home abuse or neglect in Chicago, call Malman Law to schedule a free consultation. We will provide compassionate and experienced evaluation of the claims.
Nursing home abuse and neglect in Chicago should not be tolerated. Facilities should be a place of safety and rest for our loved ones. It’s important to note that just like in other forms of abuse, your loved one or the caretakers may make excuses on how injuries occurred. Sadly, statistics reveal that 44 percent of residents have been abused at some point. Signs of this abuse or neglect include:
It is also important to keep in mind that sometimes these signs don’t indicate nursing home neglect or abuse, but they are signs of other problems. For instance, dehydration, bedsores, and unexplained weight loss are also symptoms associated with diabetes. However, it is important to look at these signs to determine the type of help that your loved one needs.
If you believe that your loved one is experiencing nursing home neglect or abuse in Chicago, call Malman Law right away to schedule a free initial and confidential consultation.
Yes, you can, because human rights don’t need contractual support. If you were hit by a car, for example, you wouldn’t have to prove that you had a contract with the driver not to hit you in order to win a lawsuit against him or her – you could sue under general tort law principles, just as you can in cases of abuse and neglect in a nursing facility.
The Illinois Nursing Home Care Act defines the rights under state law that your loved one enjoys with or without a contractual arrangement with the nursing home. Federal regulations also apply if the institution participates in the Medicare program. Proving that the facility violated an applicable regulation will go a long way toward establishing their liability for compensatory damages. In cases of outrageous conduct, you might even be able to collect punitive damages against the nursing home. Of course, if there is a contract, a contract claim could be added to other claims arising from the abuse or neglect.
The most common legal theories used to file lawsuits against nursing homes include:
These are very broad categories that may overlap. If your loved one falls and breaks a hip, for example, this injury might be actionable as negligent supervision and care, negligent maintenance of facilities (slippery floors), or both.
The Illinois Department of Public Health (IDPH) is the state agency responsible for enforcing the law in favor of the more than 100,000 nursing home residents residing in over 1,200 facilities in Illinois. The IDPH licenses these facilities, conducts inspections at least annually, and cooperates with the U.S. Centers for Medicare and Medicaid Services for eligibility to participate in federal payment reimbursement programs.
The IDPH maintains a Nursing Home Hotline (800-252-4343) for complaints. Upon receiving a complaint of abuse or neglect, the IDPH’s Bureau of Long Term Care may launch an investigation. Although it does not participate in lawsuits, it can sanction or even close down homes that violate the Illinois Nursing Home Care Act or federal regulations. The results of its investigation can be used as evidence in a civil lawsuit against a home or an employee.
Residents of facilities that participate in the Medicare program enjoy the following federal rights:
Most of these rights also apply under state law, even for nursing homes that do not participate in the Medicare program.
There are three main legal avenues you can pursue in cases of suspected nursing home abuse or neglect – (i) filing an administrative complaint with the IDPH, (ii) filing a civil lawsuit, and (iii) filing a complaint with the local prosecutor seeking criminal charges. You do not have to choose one or the other – you can pursue all three avenues at the same time. Family members of an abused or neglected resident can file a lawsuit on behalf of the victim.
2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim