Finding the right nursing home for your loved one isn’t always easy. Even when you think you’ve found the perfect facility, there’s a chance the quality of care the residents receive isn’t what it looks like when you visit. If you suspect your loved one isn’t receiving the proper treatment, you have the right to seek legal guidance from a Naperville, IL nursing home abuse lawyer.
Thomas Law Offices has extensive experience representing victims of elder abuse, and we’re prepared to take your family’s case on next. Whether your loved one suffered from abuse or neglect while under the care of a nursing home and its staff, it’s important to understand their legal rights and options, as well as the benefits of filing a personal injury claim to seek compensation for their injuries and related losses.
Nursing Homes in Naperville
If you live in or around Naperville and you’re helping your loved one find the right long-term care facility for their needs, it can be overwhelming trying to figure out where to start. Fortunately, Medicare’s Nursing Home Compare tool lays out your options. Based on their listings, there are seven nursing homes with Naperville city limits:
- The Pearl of Naperville
- Arista Healthcare
- The Springs at Monarch Landing
- Meadowbrook Manor – Naperville
- Patrick’s Residence
- Alden Estates of Naperville
- Tabor Hills Health Care Facility
Medicare rates the facilities using a five-star scale, with ratings being based on three sources: health inspections, staffing, and quality of resident care measures. Three of Naperville’s facilities, The Springs at Monarch Landing, St. Patrick’s Residence, and Tabor Hills Health Care Facility, are ranked as much above average, with five stars. The remaining facilities are either listed as below average, with two stars or much below average, with one star.
One of the eldercare homes with one star, Arista Healthcare, has been cited for abuse. The facility has 153 beds and is for-profit and corporate-owned. The majority of the nursing home’s citations are regarding fire safety. The total number of fire safety citations is 16. This is compared to the Illinois state average of five and the national average of three.
Residents’ Rights Under the Illinois Nursing Home Care Act
Illinois nursing home residents’ rights are established under the federal Nursing Home Reform Act of 1987. The rights are in place to ensure facilities’ living environments allow residents to achieve and maintain “their highest practicable physical, mental, and psychological wellbeing.”
All residents are entitled to the following:
- The rights of a U.S. citizen
- The right to be free from abuse or neglect
- The right to know about the rules regarding spousal impoverishment
- The right to manage their own financial affairs
- The right to retain, use, and wear their personal property
- The right to have personal property protected
- The right to choose and retain a physician
- The right to have access to current and complete medical information
- The right to participate in the planning of their own care and medical treatment
- The right to refuse medical treatment
- The right to name one or more potential health surrogates
- The right to privacy and respect
- The right to be free from restraints or confinement
- The right to not be given unnecessary drugs, including psychotropic medication
- The right to private communication
- The right to share a room with their spouse
- The right to be free from performing labor
- The right to privately speak with an attorney or social worker
- The right to be discharged or transferred
- The right to be free from discrimination
- The right to organize an advisory council
- The right to bring legal action against a nursing home
If a resident’s rights are violated, they can file a complaint with their facility and the state. A family member can help them take further action in the event of abuse, neglect, or injury.
Actions Constituting Nursing Home Abuse Claims
There are instances where nursing home residents are unsatisfied with their care, but not every situation warrants an injury claim.
For example, if a resident is unhappy with the dietary options but is given everything they need to be hydrated and nourished, they are being adequately cared for. If, however, a resident suffers from dehydration and malnutrition as a result of a staff member neglecting to provide adequate sustenance, a resident has the right to hold the facility accountable for failed care.
Situations that constitute a nursing home abuse claim are those that involve intentional abuse or unintentional neglect. Whenever a facility violates a right or causes harm to a resident, legal action is available.
Reach Out to Thomas Law Offices
Learning your loved one has been injured in their nursing home can be devastating. When you put trust in a facility to take care of a family member and they not only fail but cause additional harm, it’s important to understand your legal rights and options.
At Thomas Law Offices, a Naperville nursing home abuse lawyer can help you represent your loved one and fight for the compensation they need to recover as fully as possible. Taking on a nursing home, especially if it’s corporate-owned, isn’t always easy. Fortunately, we have extensive experience battling negligent long-term care facilities, and we’re prepared to help you next.
To schedule a case evaluation, contact our firm today. We’ll review your loved one’s situation, including the alleged incidents of abuse or neglect, and give you an idea of what your options are. The sooner you get started, the better your chances are of receiving a full and fair settlement for your loved one.