Do I Have a Claim Against My Nursing Home?

Whoever said, “When life gives you lemons, make lemonade,” probably never lived in a nursing home. Sometimes it may be challenging to “make lemonade” out of the figurative lemons life is handing you. For example, the effects of aging combined with serious health conditions often force people out of their homes and into a long-term facility against their will. The loss of independence is bad enough. However, when your nursing home starts treating you badly, you wonder if you still have any rights. Do you have a claim against your nursing home?  That depends on what they did or did not do for you.

Was your medication changed without notice?

You have the right to participate in decisions made about your medical care. Medications should not be changed without your knowledge or consent.

In fact, nursing homes sometimes overmedicate patients to make them more compliant. But according to the Illinois Nursing Home Care Act (the “Act”):

(b) Except in the case of an emergency, psychotropic medication shall not be administered without the informed consent of the resident or the resident’s surrogate decision maker.”

If you have been over or under medicated, you may have a claim against your nursing home.

Have they refused to let you see your own health care providers?

You have the right to see the doctor of your choice. Nursing facilities are expected to develop a written care plan for you, but that does not necessarily mean they can choose your healthcare providers. You may have a claim against a nursing home if the staff refuses to let you participate in your healthcare decisions or choose your own providers.

Has anyone abused you in any way?

The Act specifically prohibits nursing homes from abusing or neglecting residents in any way. This restriction includes the facility’s owners, licensees, administrators, employees, and agents. In addition, residential facilities must protect residents from people who just visit the facility for some reason.

Nursing home abuse can take many forms, including:

  • Physical, sexual, or emotional abuse;
  • Financial or material exploitation; and
  • Neglect, including abandonment.

You may have experienced the following specific abuses:

  • Theft of your possessions or money;
  • Shoving, hitting, pushing, shaking, burning;
  • Name-calling, isolation, intimidation, and harassment; and
  • Failing to provide water, food, or assistance with personal hygiene.

If nursing home staff have abused you or a loved one, you may want to pursue a claim against your nursing home and staff.

Call to See if You May Have a Claim Against Your Nursing Home.

If you or a loved one has been injured or neglected, you may be eligible for compensation. Caretakers who fail to provide the appropriate level of care may face serious consequences.

Osvaldo Rodriguez has more than 20 years’ experience helping people like you. Schedule a free initial consultation or ask a question by calling us at 708-716-3441 or by completing the Contact form on our website.

Mr. Rodriguez is fluent in both Spanish and English.

We represent clients throughout the state of Illinois, including Chicago, Addison, Bellwood, Bensenville, Berwyn, Chicago, Cicero, Elmwood Park, Franklin Park, Maywood, Melrose Park, Northlake, and all of Cook County, Lake County, Kane County, Dupage County, and Will County.

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