Wednesday, March 23, 2011

Nursing Home Negligence Basics

Purposes of the Illinois Nursing Home Care Act are to provide nursing home residents with civil enforcement powers and the right to seek compensation through litigation.

The Illinois Nursing Home Care Act is one of the few instances where civil remedies like personal injury litigation are encouraged.  It makes sense that under the Act, Section 622 affidavits are not required in order to bring a claim for nursing abuse.

Under the Illinois Nursing Home Care Act, "actionable neglect includes a failure to provide adequate "personal care" which failure results in physical injury to the resident.

In this framework, "personal care" is usually includes assistance with "movement, bathing or other personal needs or maintenance, or general supervision and oversight of the physical and mental well-being" of the resident.  210 ILCS 45/1-117 and 210 ILCS 45/1-120.

Potentially responsible parties:
  • Owner of Nursing Home;
  • Nursing Home;
  • Stockholders (considered owners).

24 comments:

  1. As a loving daughter/son, we need to show our love and concern to our elderly loved ones even if they're no longer living with us. We have to choose a decent housing community that can take care of them all the time.

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  2. It is really sad to know that there are some nursing homes that fail to provide proper services for their patients.

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  3. very well said post! It emphasizes an area which medical malpractice usually occur.

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  4. It is just right that nursing homes and hospice care services follow strict regulations to make sure that their patients are getting only the best type of caring.

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  6. This is a good bill to protect the people in nursing homes. Thanks.
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  7. People in nursing homes and assisted living communities should get access to proper medical services. They should be able to consult with a chiropractor Bulleen pinched nerve, if they choose to.

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  8. Things like this should not be taken lightly. If this had happen to me I'd file charges. Thanks.
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  9. Nursing homes and the members of the medical team must provide the best nursing care to their patients. This will prevent injuries that may lead to serious debilitation and even death.

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  10. Medical malpractice is a common lawsuit involving doctors and nurses. This is because of negligence and improper drug administration. However, many hospitals settle lawsuits but if you are persistent and eager to continue with the trial, then you can go ahead and find the best attorney that will help you with the case.

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  11. Medical malpractice is one of the cases that can easily be managed by the lawyers. Most of the time, medical malpractice lawsuits end up in settlement. Many Mediation lawyers believe that these kinds of cases must not be brought to the court to protect the integrity and dignity of the hospital. In that case, it is important for the medical team to practice good health care practice to bring the best health services to their patients.

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  12. Medical malpractice may cause severe damage to the health system of any individual. It can even cause death. Minor malpractices can be tolerable, but major one should be acted up on immediately. This will avoid abrupt death. In many cases, a lawsuit can be filed against the doctor and the hospital. However, mediation is always there to help these hospitals settle the case.

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  13. Medical malpractice may cause severe injury to the patients. This is possible whenever a wrong drug or medication has been given to the patient. If this drug causes severe damage to the integrity and health of the patient, the patient has the right to file a complaint against the doctor and the hospital.

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  14. Medical malpractice is indeed punishable by law. However, this kind of case can easily be settled. If you want to continue with the case, then don't agree with the mediation.

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  16. Medical malpractice is a crucial issue. It may lead to trial if both parties do not agree with mediation. It is essential for the doctor/hospital to settle the case outside to ensure that their credibility will not be affected by the lawsuit.

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  17. Medical professionals should be very responsible in any issues. We all know that Medical malpractice is a crucial issue and it could lead to trial if it is proven.


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