As the population increases and the median age rises, there are more and more people who will have to avail themselves of the services of a nursing home. Whether it be from illness or injury, or because of age and infirmity, there are times when the family cannot care for the ill or injured person and the services of a nursing home are required. Currently, there are approximately 34,000,000 American over the age of 65. Approximately 40% will be admitted to a nursing home, and approximately 20% will have a residence longer than 5 years.
Residents of Illinois nursing homes have important rights and protections regarding their care and treatment, which are described in the Nursing Home Care Act of Illinois and the Omnibus Budget Reconciliation Act of 1987 (OBRA '87). Primary among these protections are the right to be free from neglect or abuse; the right to receive adequate assistance with meals, dressing, movement, bathing or other personal needs; and the right to have general supervision and oversight of a resident's physical and mental well being. Failure of a nursing home to comply with these rights can give rise to a lawsuit.
Each resident's particular circumstances must be appreciated and physician's orders/ treatment followed, if a nursing home is to be more than a mere warehouse for the aged or disabled. Nursing home residents under both Illinois and Federal law have specific protections designed to ensure the quality of their care and treatment, and preserve their human dignity. These rights must be protected, especially given the fragile and often vulnerable status of a nursing home resident. Families can play a significant role in making sure that a loved one in a nursing home is in fact receiving appropriate care and treatment, and to trigger legal action should it be appropriate.
If you have any reason to believe that you that your or a love one has been injured or neglected in a nursing home or assisted living facility call
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