In the State of Illinois, we have a law called the “Illinois Nursing Home Care Act” commonly referred to as the NHCA. The NHCA sets forth minimum standards of care that nursing homes must abide by. When a nursing home fails to maintain those minimum standards, or otherwise violates the NHCA — the nursing home can be held accountable in a court of law.
Violations of the NHCA occur, when a nursing home “abuses” or “neglects” its residents. “Abuse” means any physical or mental injury or sexual assault inflicted on a resident other than by accidental means. ”Neglect” means a nursing home’s failure to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living that is necessary to avoid physical harm, mental anguish, or mental illness of a resident.
Common forms of nursing home “abuse” and “neglect” include dropping residents or allowing residents to fall, the failure to treat or prevent bed sores, lack luster approaches to personal hygiene, i.e. the changing of incontinence undergarments and bathing, a failure to nourish and hydrate a resident, or even physical and sexual abuse to a resident by nursing home employees or other residents.
While many claims brought under the NHCA are for “abuse” or “neglect”, a resident may also bring a claim when any of the following “rights” are violated: the right to manage financial affairs; the right to personal property; the right to retain a personal physician; the right to respect and privacy in medical and personal care; the right to be free from physical restraints; the right to be free from unnecessary drugs; the right to unimpeded private and uncensored communication; the right to free exercise of religion; the right to be discharged after giving written notice; the right to present grievances; the right to refuse to perform labor for the facility; and the right to be free from unlawful discrimination. We call these the nursing home bill of rights.
The bottom line: the causes of action available to a nursing home resident are broad and are not limited to simple abuse and neglect.
The biggest mistake a resident’s family member or friend can make is not reporting nursing home abuse, neglect or a rights violation. One third of all nursing home residents will be abused during their nursing home stay — but sadly, only twenty percent of those cases of abuse will be actually reported. Many residents and their family members are afraid that if they say something, the resident will be kicked out of the facility or will suffer backlash. If you see something — say something. Nursing home residents with family members or friends who visit often and act as a voice for their resident, tend to receive better treatment than residents who do not have a supportive circle of family and friends.
