Recent Blog Posts
Protecting The Vulnerable: Filing A Nursing Home Injury Claim for Physical Abuse
Nursing homes play an essential role for elderly and sick individuals. They should be places of safety and refuge. Sadly, physical abuse within nursing homes is not unheard of. When a vulnerable resident suffers harm due to physical abuse, the resident or the resident’s loved ones may be able to take legal action to protect their rights and seek justice. In this blog, we will explore the issue of physical abuse in nursing homes and explain how a lawyer can help a nursing home abuse victim seek justice and compensation.
Physical Abuse in a Nursing Home
There is no doubt that nursing home staff have a challenging job. Caring for individuals who suffer from severe physical health conditions or cognitive impairment can be exhausting. However, nursing home staff are legally and ethically obligated to treat nursing home residents with respect and compassion.
Antibiotic-Resistant Bacteria “Superbugs” Threaten Lives of Nursing Home Residents
Antibiotics are supposed to kill bacteria. However, some bacteria survive antibiotics and begin to grow and multiply. Eventually, certain strains of bacteria become resistant to common antibiotics. Many experts blame the overuse of antibiotics for the rise in these so-called “superbugs.”
For vulnerable nursing home residents, superbugs are a potentially deadly threat. Nursing home staff must take appropriate precautions to prevent the spread of bacteria in the facility and keep residents as safe as possible. Failure to maintain a clean, hygienic facility and use appropriate measures to prevent the spread of bacteria can lead to avoidable infections.
Nursing Homes Must Take Steps to Reduce Drug-Resistant Bacteria
Choking: A Deadly Hazard for Nursing Home Residents
For most of us, eating is something that we do without giving it much thought. We may eat while watching TV, working, or even driving. However, the risk of choking while eating is always present, and this risk is especially severe for nursing home residents.
Residents in a nursing home are at an increased risk of injury or death caused by choking on food. Many residents are elderly and have reduced muscle mass which can make it difficult to swallow food. Others are on medication that causes dry mouth or other symptoms that make eating more challenging.
Nursing homes have a legal duty to take reasonable steps to prevent residents from choking. If a nursing home resident is injured or killed due to a choking incident, the nursing home may be liable for damages in a nursing home injury or death claim.
What Rights Do Nursing Home Residents Have?
When an individual suffers age-related cognitive decline or significant illness, he or she may require round-the-clock care in a nursing home. Living in a nursing home inevitably leads to a loss of independence. For example, an elderly person who has lost his eyesight may no longer have a valid driver’s license or be able to drive. An individual with advanced Alzheimer's disease may not be permitted to walk around the grounds of the nursing home facility alone because she could get lost.
However, nursing home residents still have important rights that are protected by state and federal law. In this blog, we will discuss some of the most important rights afforded to nursing home residents and what you can do if you believe that your loved one’s rights have been violated.
Rights Protected by the U.S. Constitution
Unpacking the Reasons Why Nursing Home Negligence Occurs
Nursing home negligence is a serious and growing problem in the United States. Not only is this form of negligence shockingly cruel and despicable, such negligence can easily lead to life-threatening injuries and sometimes even death. Several factors contribute to nursing home negligence, which is essential to understand why this form of negligence is so prevalent. If your loved one has suffered from instances of neglect, contact a nursing home negligence attorney to ensure those responsible can be held accountable for their actions.
Factors that Contribute to Nursing Home Negligence
One of the primary causes of nursing home negligence is understaffing. Many nursing homes are understaffed, meaning caregivers may be forced to work long hours and care for many residents. This can lead to burnout and fatigue, which can, in turn, result in mistakes, neglect, or abuse. In addition, understaffing can make it difficult for caregivers to provide individualized care to each resident, leading to a decline in the quality of care.
Heat-Related Dangers in Illinois Nursing Homes
Chicago is called the Windy City, but it is also known for having surprisingly warm summer weather. As summer approaches, nursing homes must be vigilant for signs of heat-related illnesses and other summertime dangers. Elderly people are more sensitive to higher temperatures and can suffer heat related-illness much more easily than a younger person would.
Many nursing home residents also have medical conditions or take medications that can make it harder for their bodies to cope with higher temperatures. It is imperative that nursing home staff be aware of the dangers associated with rising temperatures, the signs of heat-related conditions such as heat stroke, and take precautions to prevent wandering and elopement.
Catastrophic Injuries Can Occur from Lack of Supervision
One of the primary responsibilities of any nursing home is to supervise nursing home residents and ensure their safety. Most nursing home residents have one, if not more, significant medical concerns. They may suffer from cognitive decline that makes them at risk for wandering or elopement from the facility, physical conditions that require round-the-clock care, or medical issues that increase the chances of falling or other accidents.
Unfortunately, understaffing is a frequent problem in nursing homes, and when there are not enough staff to provide adequate supervision, catastrophic injuries can occur. Residents may wander off the premises of the facility and sustain serious bodily harm or even death. They may fall without anyone noticing until it is too late, leading to a traumatic brain injury. Without appropriate observation, residents may suffer from malnutrition or dehydration. In extreme cases, unsupervised residents may even suffer physical and sexual abuse at the hands of staff or other residents.
Claims for Failure to Provide Appropriate Medical Care
Nursing homes help residents with everyday needs like bathing and eating. However, nursing home staff are also expected to provide medical care, if needed. When they fail to provide appropriate medical care, or when there is a delay in providing such care, the resident or the resident's surviving family may be able to file a claim against the facility and recover compensation for damages. A successful claim requires evidence that the nursing home staff failed in their duty of care towards the resident and that this failure caused an injury or illness.
When is a Nursing Home Required to Provide Medical Treatment?
Nursing home staff are primarily responsible for routine medical needs such as administering medication and helping with daily living tasks. If a resident requires immediate emergency medical care or has medical needs above and beyond the facility's capabilities, the nursing home must secure the appropriate treatment for the resident. This may require ambulance transportation to a hospital.
Fatal Breathing Tube Mistakes and Nursing Home Negligence
Most would agree that nursing home staff and medical professionals have extremely demanding jobs - especially in today's world, where the elderly population is growing and nursing home facilities are chronically understaffed. Nursing home workers must always be mindful of the needs and safety of their patients because when an error or omission occurs during their care, it can have devastating consequences.
Although most can sympathize with the difficulty facing nursing home staff, this is not an excuse for substandard care or neglect. When a nursing home mistake or oversight involving a breathing tube leads to a resident's death, the nursing home may be liable for damages.
Chemical Restraint of a Nursing Home Resident Can Lead to Avoidable Injury or Death
In a previous blog, we discussed when nursing home staff may use physical restraints on a resident. According to the Illinois Nursing Home Care Act, physical restraints must be a last resort solution for residents who are at risk of hurting themselves or others. The restraints must be the least restrictive form of confinement possible, and the facility must get consent from the resident or the resident’s guardian before using restraints.
Chemical restraints are drugs used to sedate residents. Although it is disturbingly common, the use of chemical restraints on nursing home residents is extremely dangerous.