Nursing Home A Competent Abuse Lawyer in Chicago
Although it may seem unthinkably cruel, nursing home abuse is not at all uncommon. The types of abuse can range from verbal intimidation to over-dosing or under-dosing medications to physical violence. Although nursing homes should be places of comfort and convenience, they are often staffed with incompetent and vituperative individuals, who are undereducated and underpaid. In spite of the fact that nursing homes are required to perform background checks on those employees who have direct contact or access to patients, there have been many cases of abuse in the state’s nursing homes.
Requirements for Working in a Nursing Home
Many nursing home employees are certified nursing assistants (CNA’s). CNAs are required to pass a nursing arts course and a written examination. In addition, they must complete a manual skills test. A person may also become a CNA if they are working toward becoming a Registered Nurse (RN) or if they trained as a nurse in the U.S. military. They must also have worked as a nurse’s aide during their training.
A healthcare worker must be at least 16 years old and have no record of abuse in any previous position. A person may not become a CNA if they have any disqualifying conviction. However, they may be able to get those convictions waived in some cases. Disqualifying convictions include such crimes as abduction, aggravated and unlawful restraint, and endangering the life of a child. They also include cannabis distribution and credit card fraud. CNAs are not licensed by the state and their certification is provided by state and private educational organizations.
Typical Types of Nursing Home Abuse
There are many ways in which nursing home workers abuse patients. There are some forms of abuse that are more common than others.
Anticoagulation therapy is provided to nursing home patients to prevent blood clotting after surgery or to people who suffer from an arrhythmia. If a patient’s vital statistics are not monitored when they are taking anticoagulants, the effects can be devastating. Some nursing homes are understaffed, and the staff does not have enough time to monitor patients the way they should. Some nursing home employees are lazy and neglect to do their job.
If you have a loved one who is over 70 years of age, suffers from gastrointestinal disease, or suffers from hypertension, they may be at risk for this type of abuse. Before you take an elderly person to a nursing home facility, you should ask questions about how many CNAs the home employs versus the number of patients in a facility. You should also ask how often they monitor their patients who are undergoing anticoagulant therapy.
Falls and other Injuries
An elderly person is treated for a fall every 11 seconds in nursing homes across the country. Falls occur at least twice as much in nursing homes as they do in other situations. Poor maintenance of the facilities or a neglectful staff can be the cause of such an accident.
If a patient is immobile and they are not moved for a long period of time, they may develop bedsores. Bedsores can also be caused by dehydration or malnutrition. This is often a result of the negligence of the staff. Untreated bedsores can lead to serious problems and can even result in amputation.
Nursing home abuse law says that the staff must make every effort to ensure the safety of patients in their facility and if they fail to do this, you can sue.
What Is Considered Nursing Home Neglect?
There are two basic types of nursing home neglect: physical and emotional. Physical neglect takes place when a person’s basic needs for such things as hygiene, nourishment, sleep, and elimination are ignored. Physical neglect also includes ignoring a patient’s need for medical attention. Emotional abuse takes place when a patient is ignored or not monitored for a long period of time.
Can You Sue a Nursing Home?
If a nursing home has been negligent in the state of Illinois, you may certainly sue them. Our attorney has years of experience in dealing with nursing home abuse and understands how to research each individual case. He will be able to tell you what evidence you will need to provide to clearly establish neglect to the courts.
What is the Statute of Limitations for Nursing Home Abuse?
A statute of limitations in civil cases is the amount of time a person has to file a lawsuit. Statutes of limitations are set to protect the defendant from unfair or frivolous lawsuits and to protect the plaintiff, so that critical evidence to their case does not get old or thrown away before they have their day in court. If a person has been abused in a nursing home, they will have two years from the time the abuse took place to sue the nursing home. If you are suing on behalf of a loved one, you will have two years after you become aware of the abuse to sue. If the abuse took place in a government-run facility that time may be shorter.
How Long Does it Take to Settle a Nursing Home Lawsuit?
Any lawsuit is a time-consuming process, and a nursing home abuse lawsuit normally takes around 18 to 24 months. There are several steps to any lawsuit. First, you will call for your consultation and an assistant will ask you a few questions about your case. You will then come into the office and meet with an attorney. The attorney will then evaluate the details of your case and determine whether they will accept it.
Once you are a client, we will sign an agreement with you and begin to investigate your claim. We will look at what happened in your particular case and collect evidence to establish the neglect or abuse of the nursing home. We will then contact the nursing home and let them know of our intent to file a suit.
If the nursing home in question had you sign an arbitration agreement, we may have to meet with you and an arbitrator before proceeding to court. If there is no arbitration agreement, we will then proceed with filing a lawsuit. We may be able to negotiate a settlement with the nursing home or we may have to go to court. Obviously, it will take considerably longer if we have to go to court. Our attorney does not let things just sit on his desk. Our dedicated staff will work hard to make sure your suit is settled quickly.