James dreaded moving his Mom out of the home she had lived in for 42 years. But after Mom’s 79th birthday, he started noticing signs that she needed more and more help with her daily activities. As James vetted and visited local facilities, he found himself asking the management of the homes what his mom should expect as she moves into the nursing home. This article might help you answer that important question.
The Standard of Care
When your loved one moves into a nursing home, he or she is covered by state and federal laws. For example, nursing facility owners are expected to comply with the Illinois Nursing Home Care Act (the “Act”). Among other things, this Act states:
“An owner, licensee, administrator, employee or agent of a facility shall not abuse or neglect a resident.”
So, your loved one has the right to expect to be free from abuse and neglect, at the very least. Other parts of the Act relate to the duty of care nursing homes owe to their residents. Also, the Act provides certain other rights for people who move into a nursing home.
Residents Have Rights
Just because you moved into a nursing home or other long-term care facility does not mean you drop your ‘rights’ at the doorstep. According to a Residents’ Rights booklet produced by the Illinois Long-Term Care Ombudsman Program, you will have the right to:
- Be treated with dignity and respect.
- Live in a safe environment.
- Participate in your own care.
- Privacy and confidentiality.
- Manage your own money.
- Keep personal property.
- Apply for Medicaid or Medicare benefits.
- Continue living in your facility, in most cases.
- All other rights you have as a “citizen of Illinois and the United States.”
When the owner or staff at a nursing facility prevents you from exercising your rights, you have one more right: the right to complain. Depending on how badly your loved one is treated, he or she might be entitled to compensation for their suffering.
Were Your Rights Honored After You Moved into a Nursing Home?
The attorneys at Osvaldo Rodriguez, P.C., are here to help with your nursing home neglect and abuse claims. Schedule a free initial consultation with Osvaldo Rodriguez, a lawyer with over 20 years’ experience representing people like you. Just call us at 708-716-3441 or fill out 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.