Nursing Home Negligence

Nursing Home Abuse and Negligence

Nursing homes are entrusted with the care of our loved ones. We trust nursing homes to treat our mothers, fathers, brothers, and sisters as if they were family, to safeguard their belongings, care for their wellbeing, and treat them with respect and dignity when caring for them ourselves is not an option or has become too involved. The residents of a nursing home are often elderly, vulnerable, and in need of assistance with activities of daily living. It is the nature of who they are caring for that makes nursing home abuse and neglect so deplorable. The Illinois Nursing Home Care Act sets forth the standards for nursing homes in our state. The failure to meet those standards risks the health and wellbeing of the residents and violates the trust we place in them. If you or a loved one is the victim of nursing home abuse or negligence, please call us today. By speaking out and holding the nursing home accountable you are helping to prevent the pain and suffering of future victims.

Here are some common warning signs that may indicate abuse or negligence is taking place:

  • Unexplained injuries (e.g. bruises, welts, scars, broken bones, sprains)
  • Broken eyeglasses or frames
    Signs of restraint (e.g. rope or strap marks on wrists and ankles)
  • Refusal to allow visitation with resident alone
  • Witnessing any behavior that seems abusive such as threatening or name calling
  • Signs of sexual abuse such as bruises on genitals, STD's, evidence of bleeding in and around genitals
  • Unexplained falls or falls where resident was not properly supervised
  • Weight loss, signs of dehydration, malnutrition and rapid deterioration of health beyond what the patient's medical conditions would cause
  • Bed sores, particularly bed sores that last for a long time, get worse over time, or go untreated
  • Unsanitary conditions (e.g. soiled bed linens, bugs)

Nursing Home Laws

State - The Illinois Nursing Home Act (210 ILCS 45/1 113)

The Illinois Nursing Home Care Act establishes the rights of residents and the responsibilities of facilities to protect residents from nursing home abuse and neglect. Under the Illinois Nursing Home Care Act, Residents' Rights include, but are not limited to:

  • All residents have the right to manage their own financial affairs
  • All residents have the right to wear their own clothes and keep their personal belongings in their rooms
  • All residents have the right be cared for by their own doctor under their own health insurance or at their expense
  • All residents (or their guardians) are afforded the right to access and look over all medical records related to their care
  • All residents have the right to religious freedom
  • All residents have the right to refuse treatment
  • All residents have the right be free from restraints, unless ordered by a physician to protect a resident
  • All residents have the right to visitors, mail and phones

When a long-term care facility violates the Illinois Nursing Home Care Act, it endangers the safety and well-being of residents living under its care. If you believe that a loved one was harmed or injured because an Illinois nursing home violated the Nursing Home Care Act, you may be entitled to compensation for your injury or loss. Call 630-995-9995 or complete our Contact Us form for a free and confidential consultation.

Federal - The Omnibus Budget Reconciliation Act of 1987 (OBRA 1987)

The law established a nursing home Resident's Bill of Rights and required certain services for all residents in federally funded long-term care facilities. Some nursing home provisions in OBRA 87 include:

  • Nursing homes must employ sufficient staff
  • Nursing homes must perform an initial assessment on all new residents
  • Nursing homes must develop an individualized, comprehensive care plan for each resident
  • Nursing homes must provide services to assist residents with daily tasks if they cannot perform them on their own
  • Nursing homes must ensure that residents do not develop pressure sores and if they do, nursing homes must give the proper treatment to encourage healing, avoid infection, and prevent new sores from developing
  • Nursing homes must properly supervise residents to prevent accidents, such as falls

Nursing homes must keep accurate, complete, and easily accessible medical records for all residents Some of the rights afforded to nursing home residents under OBRA 87 as part of the Residents' Bill of Rights include:

  • Residents have the right to receive adequate or appropriate care to address medical, physical, psychological, and social needs
  • Residents have the right to be treated with dignity and respect
  • Residents have the right to communicate freely
  • Residents have the right to be involved in planning their own care and must be informed when a nursing home wants to change treatments
  • Residents have the right to be free from nursing home abuse and neglect
  • Residents have to right to be free from chemical and physical restraints
  • Residents have the right to refuse medication
  • Residents have the right to privacy and confidentiality in personal, medical and financial affairs
  • Residents have the right to get involved with nursing home resident groups and family groups
  • Residents have the right to file complaints without fear of discrimination or punishment

When a long-term care facility violates the Omnibus Budget Reconciliation Act of 1987 (OBRA 1987), it endangers the safety and well-being of residents living under its care. If you believe that a loved one was harmed or injured because an Illinois nursing home violated the your, or a loved one's, rights, you may be entitled to compensation for your injury or loss. Call 630-995-9995 or complete our Contact Us form for a free and confidential consultation.



4015 Plainfield-Naperville Road, Suite 200
Naperville, Illinois 60564
Phone: 630-995-9995
Fax: 630-755-4658
Email: info@Marker-Law.com