Is My Loved One Being Wrongfully Evicted From Their Nursing Home? 

 Posted on December 03, 2021 in Nursing Home Abuse

People in nursing homes are there because they need an enhanced level of assistance and care. When someone decides to live in a nursing home, or is moved there with the help of their family or friends, the nursing home is responsible for providing a legal standard of daily care. 

But what happens if, rather than caring for you or your loved one, the nursing home stops providing the care and instead threatens eviction? Eviction is threatening, frightening, and may even be wrongful. If you fear you or your loved one are facing wrongful eviction from a nursing home, read on. 

When is Eviction From a Nursing Home Considered Wrongful? 

Although nursing homes must provide residents with a high standard of care, some situations make it impossible for them to do so. If a resident cannot pay for their care, develops conditions that the nursing home is not capable of caring for safely, or no longer needs the kind of specialized care a nursing home provides, a nursing home may ask a resident to leave. 

However, a nursing home cannot simply tell a resident to leave and end the matter at that. Nursing home residents and their loved ones must be given adequate notice so they can find appropriate care somewhere else. In addition to failing to provide residents with ample time to find new care, other reasons for wrongful eviction may include: 

• A resident who is paying for care is asked to leave so that another resident who would be more profitable can stay at the nursing home

• The resident or their family complains about the care at the nursing home or is considered unpleasant by the staff

• The resident is more difficult to care for than other residents, but the nursing home is capable of providing the care the resident needs

Residents and their families should be able to raise issues with the quality of food, conditions of their room, and possible staff abuse without fearing eviction. Likewise, a patient with a particularly challenging form of dementia should not fear eviction if the nursing home serves other residents with dementia.  

The consequences of wrongful eviction can be serious and long-lasting. Residents are losing their home and their care, which potentially places them in an unsafe position as their family scrambles to find or provide care elsewhere. Residents may also be at an increased risk of injury due to the trauma and confusion that accompany a change in residence. 

Get Help From a Cook County Nursing Home Eviction Lawyer

Whether it is you or a loved one facing the prospect of eviction from a nursing home, it can be difficult and scary. An experienced Chicago, IL nursing home wrongful eviction attorney with Schwartz Injury Law may be able to help. We advocate passionately on behalf of our clients and have secured many successful outcomes, and we provide free, no-risk consultations so you can get a better understanding of your situation.  Call us at 312-535-4625 today to schedule your initial consultation and find out more about how we can help you. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1225&ChapterID=21