Book Resources on Nursing Home Abuse
Springfield, IL Fax: Upon receiving your complaint , IDPH will conduct an investigation. IDPH must investigate abuse and neglect complaints alleging that a resident's life or safety is in imminent danger within 24 hours after receipt.
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All other abuse and neglect investigations must be completed within 7 days. Investigations concerning non-abuse and neglect allegations are to be completed within 30 days. If the investigation determines that the facility is in violation of the Nursing Home Care Act, IDPH will send a notice of the violation to the facility. IDPH will not require you to give your name when you file a complaint.
But if you do not give your name, IDPH will be unable to notify you of the outcome of their investigation. IDPH will not reveal your identity without your permission. If IDPH determines that disclosure of your identity is essential to the investigation or a judicial proceeding, you will be given the opportunity to withdraw the complaint.
The facility cannot retaliate against you because you make a complaint or provide information in connection with an IDPH investigation. Upon completing the investigation, IDPH will notify you and the facility of the results of their investigation. If IDPH decides that the facility has violated the Nursing Home Care Act, it can impose fines and other penalties on the facility or in extreme cases, revoke the facility's license.
You must make the appeal in writing and file it with IDPH within 30 days of the notice of the investigation findings. IDPH will hold a hearing to determine whether the investigation was adequate and whether it resulted in a correct determination.
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You are entitled to appear and testify at the hearing and have an attorney represent you. The hearing officer can require other people to appear and testify or provide evidence. If the IDPH hearing officer rules against you, you are entitled to file a complaint in the circuit court of the county in which you reside.
You must file the complaint within 15 days of the IDPH written decision. A judge will decide whether the hearing officer properly considered the facts and applied the law. You are entitled to file a lawsuit against a nursing home if its agents or employees violate your rights or if they injure you, either negligently or intentionally. You may also bring an action if they violate the terms of your contract. The judge also can enter an injunction , which is a court order requiring the nursing home to stop doing something such as violating your rights.
Common Causes of Action in Nursing Home Negligence Lawsuits
The amount of damages recoverable are exempt from consideration when the state determines your eligibility for medical assistance Medicaid and they are not to be used toward the payment of medical care or services received under Medicaid. The facility cannot transfer, discharge, evict, harass, or retaliate against you for filing a lawsuit or for providing testimony in connection with a lawsuit filed by someone else.
There are local legal assistance providers who provide free legal services to Illinoisans 60 years of age or older. They advocate for and represent older clients in civil cases. To find the legal assistance program for your county:. Nursing home residents who are not over the age of 60 and reside in a nursing home because of a disability may request assistance from:. Equip for Equality, Inc. Michigan Ave.
- Settlements for Nursing Home Abuse Lawsuits.
- Nursing Home Abuse Center - Defending Seniors Against Elder Abuse;
- The Voice of the Victim.
- Abuse and Neglect: A Family’s Guide to Nursing Home Lawsuits in Illinois.
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http://mantis.dev3.develag.com/map2.php Attorney Help Center. Typical Nursing Home Cases. Common Causes of Action in Nursing Home Negligence Lawsuits This article is designed to help you identify potential nursing home cases by informing you of the relevant laws surrounding these facilities as well as common scenarios triggering skilled nursing facilities.
OBRA also outlines a Bill of Rights for nursing home residents, which among other things includes the following: Appropriate medical, psychological, and other relevant care. Dignity and respect in care. Information and a role in all medical decisions. Freedom from neglect and abuse. Privacy in their care.
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Ability to refuse care. Process to complain about their care.
Freedom to hold their own personal items and wear their own clothes. Capability to see visitors, use phones, and check mail. How do I select a facility? What are the signs of poor care? How do I get records from a nursing home? How much are nursing home cases worth? Testimonials Too many lawyers try pass you off to another person in their office to answer questions.
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