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Koester & Bradley Illinois Nursing Home Negligence Lawyers

It was once said that time and tide wait for no man.  With so many Americans getting older, particularly from the Baby Boomer generation, it is no wonder that the nursing home industry and long-term care industry has such a strong presence in Illinois.  However, Illinois victims of nursing home abuse and negligence need only to look at the national and local news to know that they are not alone.  In fact, Illinois has more cases of nursing home abuse than any other state.  This stark fact is not surprising to Koester & Bradley who investigate and pursue nursing home claims in Illinois.  These incidences include both physical, mental, and sexual abuse and negligence. 

According to the Illinois Department of Public Health, Illinois is home to over 1,200 long-term care facilities that serve more than 100,000 residents.  Nursing homes are regulated, licensed and certified by the Illinois Department of Public Health and the U.S. Department of Health and Human Services’ Health Care Financing Administration.  Each year, the Illinois Department of Public Health’s Bureau of Long-term Care conducts surveys, conducts annual licensure inspections, investigates complaints and conducts re-inspections of long-term care facilities.  The Illinois Department of Public Health produces a quarterly report that contains a listing of those facilities that have been determined to be in violation of the Nursing Home Act or have been recommended for decertification by the Illinois Department of Public Aid or the U.S. Department of Health and Human Services.  A Long-Term Care Report to the Illinois General Assembly is published by the Illinois Department of Public Health annually every July.   

Despite the best efforts of the dedicated enforcement and investigation team in the state of Illinois, most cases of nursing home abuse and negligence are not reported and victims are not compensated.  This is why the nursing home case team at Koester & Bradley is dedicated assisting victims of nursing home injuries and negligence.  Still many questions usually remain for families who have loved one in nursing home and long-term care facilities.   So, how do you know if your loved one is in the right Illinois nursing home?  Koester & Bradley is here to help and can provide resources not only to choose the right nursing home or Illinois long-term care facility, but also assist families who were victims of nursing home abuse.  

WHAT IS NURSING HOME NEGLIGENCE? 

Nursing home negligence is defined as any knowing, intentional or negligent act by a caregiver or other person that causes serious risk or harm to a resident in a nursing home setting.  This is a statutory definition provided by the State of Illinois, but basically, a nursing home is negligent when the institution or members of the staff provide a level of care and attention that leads to injury.

WHAT ARE THE MOST COMMON TYPES OF NURSING HOME ABUSE:

  • Emotional Abuse.  
  • Financial Abuse (e.g. missing possessions, bills being unpaid, etc.) 
  • Physical Abuse 
  • Sexual Abuse 

WHAT ARE THE COMMON SIGNS OF NURSING HOME ABUSE OR NEGLECT  

  • Unexplained Injuries  
  • Broken bones 
  • Sprains 
  • Bruises 
  • Burns 
  • Head Injuries
  • Unexpected Falls 
  • Injuries related to inadequate restraints 
  • Inadequate care 
  • Malnutrition 
  • Dehydration 
  • Unsanitary/unclean conditions 
  • Medication errors or overdoses 
  • Pressure Sores At or Above a Level 2 (bed sores & decubitus ulcers) 
  • Instances of wandering or elopement 
  • Inadequate security at the facility 

police-minKoester & Bradley Case Spotlight:  Champaign nursing home abuse attorney Tom Koester represented the family of a military servicewoman who was assaulted by another patient at a prominent Central Illinois nursing home facility.  Koester was able to achieve a substantial settlement after proving through surveillance footage that the security provided at the facility was not appropriate.


WHO CAN BE HELD LIABLE FOR NURSING HOME NEGLIGENCE? 

  • Nursing Home Facility: If an individual is injured as a result of, Negligent hiring, Understaffing, Inadequate Training, or Breach of statutory or regulatory obligations the facility can be held liable financially.  In almost every situation, it is the facility, not the individual working at the facility, which has the insurance policy to cover such situations and the nursing facility must be notified immediately.  Nursing home facilities may also be held liable for medication errors--particularly in situations where the medicine is distributed to the patient by the facility.  
  • Employees of the Nursing Home Facility  (the facility would be vicariously liable for the “bad acts” of its employees, including actions taken in the course and scope of the worker’s job responsibilities) 
  • Third-parties of the Nursing Home Facility:  For example a private security company contracted to provide security for the nursing home facility and inadequate security resulted in injury or death to a resident. 

WHAT DO I DO IF A LOVED ONE HAS BEEN INJURED AT A NURSING HOME? 

  • Seek necessary medical attention immediately. 
  • Contact the Illinois Department of Public Health at 1-800-252-4343, or by fax to 217-524-8885 or by mail to Illinois Department of Public Health, Office of Health Care Regulation, Central Complaint Registry, 525 W. Jefferson Street, Ground Floor, Springfield, IL 62761-0001.  representative will investigate the matter and determine if the facility is complying with the state Nursing Home Care Act.   Then contact Koester & Bradley to handle the portion of your claim to secure compensation and damages.
  • Gather your medical documentation. 
  • If you receive a report from the Illinois Department of Public Health showing violations, contact an attorney.  

 

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