What Protections Does the Illinois Nursing Home Care Act Afford?

 Posted on February 05, 2020 in Nursing Home Abuse

Nursing home residents are often very frail and vulnerable. They may have severe physical handicaps or cognitive issues like dementia that leave them unable to care for themselves. These residents rely on nursing home staff for medical care as well as help them with daily living tasks like eating and showering.

You probably already know that nursing home workers have an ethical obligation to adequately fulfil their work duties and treat residents with compassion and respect. However, you may not realize that they also have a legal obligation to provide nursing home residents with quality care. There are several pieces of federal and state legislation that prohibit mistreatment of nursing home residents. One of the most important pieces of nursing home legislation in Illinois is the state’s Nursing Home Care Act.

Rights Afforded to Residents in the Illinois Nursing Home Care Act

The Nursing Home Care Act was adopted in Illinois after many people became concerned about the substandard level of care some nursing home residents were receiving. There were also reports of residents being severely mistreated and even abused. One of the most important components of Nursing Home Care Act is the residents’ “bill of rights.” These rights include:

• The right to be free from neglect and abuse
• The right to religious freedom
• The right to refuse medical treatments
• The right to handle their own financial affairs
• The right to keep personal belonging in their room and wear their own clothes
• The right to receive medical treatment from their own doctor
• The right to access their own medical records
• The right to enjoy the company of visitors and communicate through phone calls and mail
• The right to be free from physical and chemical restraints, unless these restraints are absolutely necessary to protect a resident and are ordered by a physician

Nursing home neglect and abuse is tragically not an uncommon occurrence. Any violation of the rights promised by this act or the other laws enacted to protect nursing home residents can be considered neglect or abuse. If your loved one is in a nursing home and he or she has been mistreated, do not wait to take action.

Contact a Chicago Nursing Home Abuse and Neglect Lawyer

Nursing home residents deserve to be treated with compassion and respect. Staff members who neglect residents’ needs or purposely abuse residents should be held accountable for their despicable actions. If your loved one has been denied his or her rights while living in a nursing home, contact a Cook County nursing home abuse injury attorney at Schwartz Injury Law to learn about your legal options. Call our office at 312-535-4625 to schedule a free, confidential consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1225

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/190.00.pdf