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Nursing Home Brain Injuries

nursing home brain injury

When people place their vulnerable elderly relatives in a nursing home, we expect they can handle their needs. Many elderly people need help with daily activities. Generally, staff is incredibly friendly, supportive and available for all kind of help. Unfortunately, sometimes residents suffer neglect and negligence. This neglect can lead to traumatic brain injuries.

An incident took place in Bartow County, Georgia where an employee of a nursing home was convicted for forcing an elderly woman – 95 years old – to strike herself in the face. The employee had pinched the victim’s earlobe and forced the elderly women to repeatedly hit herself in the face. The employee was found guilty of the offenses.

What Head Injuries Occur at Nursing Homes

Head injuries can occur due to:

  • falls out of a bed,
  • slips in a bathroom,
  • improper bed rails,
  • wet floors,
  • transportation related injuries, and
  • weak upper bodies that cannot catch a slip or fall.

50% of deaths that occur due to falling occur after a head injury. Additionally, 32% of hospital admissions involving a head injury result from a fall. Of these head injuries, 25% occur in elderly adults who are in a nursing home facility.

How Can Nursing Homes Reduce Head Injuries

Nursing home staff must reduce hazardous situations that may result in a head injury. Therefore, the staff must stay alert and aware of the situations of their residents. Additionally, facilities must supervise the weaker residents. If a resident has certain diseases, such as dementia, additional resources may be necessary. Lastly, overmedication or undermedication neglect could result in a slip or fall.

If a significant fall occurs, the nursing home may need to dismiss the employee. If the employee remains, they need to hold them responsible for their actions or inaction.

When Your Family Member Suffers a Head Injury

First, take your relative to emergency care for evaluation and treat the any injury. Due their age, even a minor injury could result in significant pain and suffering. If your relative has declining health, they become even more susceptible to injury. If you need to discuss the injury with a lawyer, find a local experienced personal injury lawyer, such as the Law Offices of R.F. Wittmeyer, Ltd. to discuss your options. Many attorneys will meet with your for a free consultation. If you desire a free consultation with our attorneys, call us today at 847-357-0403.

Generally, nursing homes do not provide specific rehabilitative therapies to address the needs of person with head brain injury. Regardless of if the brain injury occurs at the facility or not, you may need to find an outside care provider. Approximate 244,000 residents suffering from brain injuries in nursing homes without proper treatment. Luckily, some nursing homes put great efforts to get those residents with brain injuries into facilities that have the resources to care for them. Unfortunately, around 4 million people require long term care and the current brain injury facilities can only accommodate 40,000 patients.

Medicaid Rules

Medicaid is required to cover the cost of nursing home for long term care under the United States laws. The laws do not require the Medicaid to pay for specialized that those suffering from brain injuries need. Facilitates that can handle cases for brain injuries are not licensed as nursing homes which means that Medicaid would not cover the facilities for long term care. Nursing homes recognize that those with brain injuries should not be in restrictive areas therefore they refuse to take them. This leaves elderly who require nursing home care and have brain injuries to a severe disadvantage.

Negligence at Nursing Homes

You do not want to believe that your loved one may not receive the care you thought they would receive at their nursing home. Unfortunately, when it comes to cleanliness and hygiene, some nursing homes show signs of neglect. Nursing home neglect, unlike nursing home abuse, is a breach of duty that results in harm to the patient. If they fail to provide adequate care, your loved one may suffer from illness, injuries or distress. Some forms of neglect may include:

  • poor hygiene
  • poor sanitation
  • uncleanliness
  • medical neglect
  • neglect of basic needs

How Can I Identify Neglect at a Nursing Home?

All nursing homes must provide the basic necessity of keeping the facility clean and caring for the resident’s personal. Failure to do so can have detrimental health effects for both the staff and residents. Residents living in a negligent environment have higher risk of certain diseases, injury or illness. Neglect can also lead to serious injury or death.

While some neglect may be extremely obvious, you may not easily detect others. Physical signs may not always present themselves when negligence takes place. The best way to detect neglect remains to visit a close family member or loved one with frequent visits and notices. Even without neglect, your loved one will happily welcome you into their new home. Unfortunately, the elderly residents who don’t usually see their family may not know how to display their concerns.

Some signs of negligence may:

  • Malnutrition
  • Sudden weight loss
  • Bed sores
  • Injuries
  • Dehydration
  • Alterations in appeareacne or personal hygiene
  • Environmental hazards at the facility including unsafe furniture’s and wheelchairs, bad light and slippery floors.

What Should I Expect from a Nursing Home Facility?

All residents at nursing home facilities have the right to a clean and safe environment so they can live comfortably. Staff at the nursing home facilities should be held accountable if they fail to keep the facility clean and safe for the residents. Negligence in nursing homes should not go unreported as it creates high risk of danger for the residents. The facility needs to pay close attention to the environment created for the residents and their needs.

A facility should take necessary steps to prevent injuries to elderly residents. The facility must also make sure the staff is experienced and have the skills to provide adequate care for the elderly. Facilities that are understaffed may assign more responsibilities for the individual worker to insure the resident’s safety.

What Should I Expect from a Nursing Home Staff?

The staff at a nursing home has an incredibly hard job. They care about your loved ones and want them to have the best experience at the facility. However, staff may not have the required skills or the time to ensure that they meet all of your loved one’s needs. To ensure the staff knows what your expectations are, use this list of tips:

  • Ask for ongoing communications with the staff regarding the resident’s care.
  • Make sure that the staff can always assist with your loved one’s needs, especially mobility.
  • If you believe that your loved one may have a high risk of falling, ask for close supervision and for help in ensuring their safety.
  • Pay close attention to the environment and ensure that the staff quickly resolves any sanitary issues or safety concerns for the residents.
  • The staff should regularly monitory the seniors for changes in mobile or mental ability.
  • Ask for assementments for any developing medical concerns you or your loved one may have

Research indicates that residents at the nursing home facilities who are frequently visited by family, friends or loved ones are less likely to experience the nursing home abuse, neglect or emotional distress. However, the responsibility of all nursing home facilities is to provide adequate care for the residents.

Therefore, check in on your loved one. Make sure the nursing home facility they live in remainsa safe and healthy space for residents. They a comfortable environment and to avoid any kind of nursing home neglect.

Veterans in Nursing Homes

Many families of retired military members or veterans do not know all of the options available to them for senior care. Since May is National Military Appreciation Month, remember that your veteran deserves the best care. MedlinePlus.gov defines nursing homes as secure places for patients who don’t need to be hospitalized, but they can’t function at home, either. This applies to civilians or ex-military.

Nursing homes employ a vast range of medical specialists focused on everything from speech rehabilitation to occupational therapy. But the foundation on which these facilities rests on a mix of nursing aides, RNs, LPNs and orderlies. They work day to day for the care and well-being of patients.

[Read more…]

Dementia Treatments in Nursing Facilities

Many families delay moving a loved one into nursing care until their loved one requires more care. Dementia is a progressive brain disease and with time, the patients become able to remember and do less and less. Symptoms include:
  • memory loss,
  • becoming bedridden and/or wheelchair ridden and
  • loss of motor abilities.

As a result, not all families are able to care for their loved ones when they get to this state. When they can’t, they often decide to move their loved one into a maximum care nursing home.

[Read more…]

Is the Flu Evidence of Nursing Home Abuse?

Flu Vaccination Flu Ill Cold Vaccinate Syringe

Since the middle of December 2017, over 106 people have died from influenza. This makes this flu season the worst in recent times. The Centers for Disease Control (CDC) claims this infectious disease affects people in 46 states. Additionally, it has caused an increase of hospitalization of people over the age of fifty.

At this time, many health experts cannot explain why this season is so horrible. They also cannot predict when it will be over. The CDC warns that this flu season will be especially hard for those in long-term care and nursing homes. Even though this season is terrible, you may want to understand if evidence of the flu could mean nursing home abuse.

Definitions of Elder Abuse

Before a person can claim neglect or abuse, understand some general definitions associated with elder abuse. Elder abuse includes physical abuse, sexual abuse, emotional abuse, financial exploitation, and neglect.

A senior citizen has been physically abused when physical force has caused pain or injury. If a senior has suffered unwanted or nonconsensual contact with another person in a sexual nature, they may suffer from sexual abuse. If an abuser verbally attacks, humiliates, threatens, or harasses an elder victim, talk to a lawyer about the affects of emotional abuse. Financial exploitation happens when an abuser withholds or misuses the victim’s resources. Finally, neglect can be defined as when an abuser fails to provide necessary personal care items such as food, water, shelter, social interaction, medical care, etc. to the victim.

However, does an infectious disease fall into any of these categories? [Read more…]

Nursing Home Generators: Keeping Residents Safe

nursing home power outage

Three months ago  Hurricanes Harvey, Irma, and Maria devastated parts of the United States. Many parts of Texas, Florida, and Puerto Rico continue to reel. Of course, their main concern remains clearing, repairing, and rebuilding their landscapes and homes. However, some saw frightening images of the affects on nursing homes. What happens to the residents in their care when the power goes out?

La Vita Bella Nursing Home

On August 27, 2017, Timothy J. McIntosh, the son-in-law of the facility owner the Dickinson, Texas La Vita Bella nursing home, tweeted a picture of an elderly woman sitting in waist-high murky water from the flooding of Hurricane Harvey. In his post, McIntosh was urging rescue teams to help evacuate the nursing home by demonstrating just how dreadful the situation had become. People shared the photograph via Twitter and Facebook. Ultimately, this story had a happy ending. The nursing home residents were successfully relocated to another nearby facility.

While this situation and other like it ended happily, Florida wanted to become more proactive.

Florida’s Attempt to Require Generators at Nursing Homes

Florida Governor Rick Scott urged his legislators to act. He urged passage of a bill requiring all nursing homes and assisted living facilities to have back-up generators with enough fuel to sustain power for 96 hours. This specific piece of desired legislation came as a result of an incident at a Broward, Florida nursing home where damage from Hurricane Irma lead to the facility’s air-conditioning system failing and causing the death of six residents.

In September, Governor Scott enacted an emergency rule. The rule required all nursing homes and similar facilities to meet the generator and fuel requirement. However, the discussion did not go much farther. When Governor Scott met with legislators and the Florida Agency for Health Care Administration on Friday, November 3, the meeting lasted 30 minutes. Many hoped that the emergency rule would become codified. However, that did not occur.

Administrative Law Judge Garnett Chisenhall

Previously on Friday, October 27, Administrative Law Judge Garnett Chisenhall ruled that the regulation was an over-reaction to the deaths at the Broward, Florida nursing home. The judge advised that the Florida Agency for Health Care Administration did not have the “authority to require all nursing homes and assisted living facilities to purchase generators and fuel by Nov[ember] 15” as required by Governor Scott’s emergency ruling from September.

Administrative Law Judge Garnett Chisenhall came to his decision based on a multitude of reasons:

  • Technical experts
  • Electricians
  • Meteorologists attesting to the likelihood of a similar hurricane occurring this year
  • a prior act revoking the nursing home’s license after the incident
  • The lack of correlation between the incident at the nursing home and other nursing homes within the state of Florida

Ultimately, Judge Chisenhall concluded that a vast majority of nursing homes and ALFs could not comply quickly. He noted that it seemed impossible for them to achieve compliance by Nov. 15, 2017.

What Does This Mean for Illinois Nursing Homes?

Governor Scott has appealed the decision. But this dialogue has caused many Illinois laws and regulations say. Many have wondered what nursing home regulations regarding power generators exist. How do nursing homes in Illinois ensure the safety of their residents in power outages?

Illinois states that each nursing home facility within the state of Illinois “shall have policies covering disaster preparedness, including a written plan for staff, residents and others to follow.”

The plan shall include, but not be limited to, the following:

  • Proper instruction in the use of fire extinguishers for all personnel employed on the premises;
  • A diagram of the evacuation route;
  • A written plan for moving residents to safe locations within the facility in the event of a tornado warning or severe thunderstorm warning; and
  • An established means of facility notification when the National Weather Service issues a tornado or severe thunderstorm warning that covers the area in which the facility is located. The notification mechanism shall be other than commercial radio or television.

The rules further state that nursing homes must hold a fire drill at least quarterly for all employees. They must hold any other disaster drills two times annually for all personnel. The importance of practicing resident evacuations is also stressed throughout the rules. However, they do not require nursing homes to purchase and maintain backup generators.

As technology continues to improve our way of living and as we become more reliant on it, the likelihood of natural disasters creating a debilitating situation for nursing homes in the United States will continue making this issue one that will not disappear any time soon.

Choosing the Right Nursing Home

elder abuse

When a family member begins to need a nursing home, most families have a hard decision ahead of them. While we all hope to take care of these loved ones when the day comes, more likely than not, you cannot. The reality of caring for an elderly person includes many hardships that require professional, medical attention provided by trained doctors, nurses, and other staff members. Nursing homes facilities that provide this around the clock medical attention on a permanent basis for individuals needing constant care become necessary.

For many, nursing homes are the answer. However, with stories of elder abuse, malpractice, and other unfortunate happenings, some families hesitate to admit members into nursing home facilities. The AARP says that families should stay cautious when selecting which nursing home to place their loved one in. Advocate for your loved one by asking facilities and yourself the right questions.

The AARP interviewed a panel of experts in nursing home care as well as former nursing home workers. They asked what families should consider when selecting a nursing home. According to the panel, here are some questions. [Read more…]

Jacuzzi or Injury – How Medicare Handles “Dangerous” Nursing Homes


Imagine sitting in a large, luxurious arm chair next to a babbling waterfall fixed in Zen garden. As you look to your right, you can see a long hallway filled with rooms that lead to a relaxing Jacuzzi. To your left, another long hall lined with rooms leads to a lounge cluttered with every amenity you could think of (coffee, cookies, HBO access, the works).  The reception desk welcomes you to this inviting location.

While this scene appears to be one like a five-star hotel on Michigan Avenue, instead, a new trend among some nursing homes and other rehabilitation centers tries to lure new patients in order to gain Medicare benefits. However, although the amenities of the facilities seem top of the line and successfully entice patients, some nursing homes fail to provide the type of care comparable to their amenities.

Warning Signs

Although millions of Americans live at wonderful nursing home facilities with experienced and wonderful staff, some nursing homes give the rest a bad name. Several facilities hire unskilled nurses and workers and lack a sufficient number of doctors. Additionally, understaffing affects the rehabilitiation and medical care needs of the residents.

According to a study conducted in 2014 by the Department of Health and Human Services’ Office of the Inspector General, 22% of Medicare patients staying in a nursing home for a duration of 35 days or less experienced injury or harm from the medical care received. Additionally, 11% of Medicare patients endured some sort of temporary injury. The study stated that Medicare spent an estimated $2.8 billion on hospital visits and treatment for the injured Medicare recipients.

Hour to Hour Care

Most people typically picture a nursing home filled with older people needing hour to hour care. However, nursing home and rehabilitation centers alike welcome short term stays for anyone utilizing Medicare insurance. In fact, these centers are pushing to enroll more Medicare patients as opposed to Medicaid patients. Currently,  Medicare pays facilities 84% more for short term patients than Medicaid pays for long term residents.

With large percentage difference in payment, nursing homes and rehabilitation centers eagerly welcome Medicare recipients. But what is the difference between a Medicare recipient and a Medicaid recipient?

Medicare v. Medicaid in Nursing Homes

According to the Medicare.gov website, “Medicare is the federal health insurance program for people who are 65 or older.” Additionally, younger people with disabilities or for people with End-Stage Renal Disease can use Medicare

There are three kinds of Medicare plans:

  1. Hospital Insurance (Part A)
  2. Medical Insurance (Part B), and
  3. Medicare Advantage Plans (Part C).

In contrast, “Medicaid is a joint federal and state program that helps with medical costs for some people with limited income and resources.”

While these two benefit services are separate, it is important to note that a person can have both Medicare and Medicaid coverage. In terms of determining who pays first, Medicare.gov states that “Medicaid never pays first for services covered by Medicare.” Instead, Medicaid pays after Medicare and all other insurance coverage providers have paid.

Special Focus Status

Due to a growing number of Medicare recipients needing rehabilitation center and nursing home care, Medicare as begun to impose higher scrutiny on the facilities. Medicare officials note the number of Medicare recipients at a facility who have needed hospital care based on an injury. The federal government then places the facility on “special focus status.” This status is the highest and strictest forms of monitoring that is reserved for the poorest performing facilities in the nation. “Special focus status” facilities are required to either fix gaps in patient care while the government provides increased inspections or be threatened with losing Medicare and Medicaid funding. Facilities can also be punished with monetary fines.

Medicare Rights for Residents of Nursing Homes

The Medicare.gov website states that residents of nursing homes and rehabilitation centers have rights and protections under both state and federal law. Some of these rights and protections include:

  • Freedom from discrimination
  • Right of respect and dignity
  • Right to be informed on services and fees
  • Freedom from restraints
  • Right to manage money
  • Right to privacy, property, and living arrangements
  • Freedom from abuse and neglect
  • Right to proper medical care
  • Right to receive visitors
  • Protection against unfair transfer or discharge
  • Right to social services
  • Right to complain
  • The Right to see family and friends

Facilities must honor these rights granted to patients, and facilities that violate those rights that involve the proper care of patients are put on “special focus status.”

If you know someone who has had any of these rights violated by their nursing home, please contact the experienced nursing home lawyers at the Law Offices of R.F. Wittmeyer, Ltd. today for a free consultation.

How Does the Government Define a Dangerous Nursing Home?

The government puts a nursing homeon “special focus status” when

  • Giving a patient incorrect medication
  • Failing to protect patients from violent or bullying residents or staff members
  • Neglecting to tell the patient’s family or physician about injuries
  • Failing to provide adequate care by having a sufficient number of registered nurses and qualified doctors
  • Failing to conform to federal government regulations given to facilities to ensure safety of patients

Facilities can end their high watch status by fixing the issues stated by the federal government. However, of the 528 nursing homes in 2014 that lost their “special focus status,” 52% have relapsed into providing dangerous care, harming patients, or placing patients in serious jeopardy.

These relapsing violators are usually not placed back under “special focus status” and watch. Instead, the government imposes fines.However, facilities can continue to operate with unpaid fines and multiple penalties.

How to Research a Nursing Home

As a consumer, you can choose where you. Don’t just look at the Jacuzzis and Zen gardens. Ask about their hiring practices

And go to https://www.medicare.gov/nursinghomecompare/search.html to compare nursing home rankings and reviews and to make the best choice for you.

Elder Abuse – How to Spot It

elder abuse

One of TV’s most successful dramas follows attorney Jimmy McGill in his small-time law practice. In the course of the first season of AMC’s Better Call Saul, McGill uncovers a nursing home money scam and opens an elder abuse case. While this story line makes for great television, in reality, real senior citizens do not receive the respect and care they deserve. In the state of Illinois, reports show that 76,000 elders are victims of elder abuse. But what exactly is elder abuse?

What is elder abuse?

The National Committee for the Prevention of Elder Abuse defines elder abuse as any form of abuse or neglect that causes harm or loss to an elderly person. The abuse could come at the hands of family members, caregivers, or nursing home workers.

Seniors can suffer

  • loss of independence,
  • their homes,
  • financial earnings and savings,
  • through their health,
  • loss of dignity, and
  • loss of security.

Unfortunately, elders who have experienced abuse have a shorter life expectancy than elders who have not experienced abuse.

If you have noticed any neglect of a senior citizen that includes any of these effects, call the experienced lawyers at The Law Offices of R.F. Wittmeyer, Ltd. Contact us to help evaluate your case and advise you of your legal options.

What forms of elder abuse are there?

There are six major forms of neglect:

  • physical abuse,
  • sexual abuse,
  • domestic violence,
  • psychological abuse,
  • financial abuse,
  • neglect, or
  • health care fraud or abuse.

Although each of these forms of neglecy have specific legal definitions, below are some details of each type of abuse. If any of these definitions apply to a loved one or to you, please contact the Law Offices of R.F. Wittmeyer, Ltd. today for a free consultation about the neglect or other nursing home injuries.

Types of Elder Abuse

Physical abuse includes more than just hitting, pushing, or shoving an elder. Other types of abuse include improperly using drugs, restraining the elderly person, or confining the person.

An elder can suffer emotional abuse, either verbally or nonverbally. Examples of verbal abuse include the use of intimidation via yelling, humiliation, or frequent blaming or scapegoating. Nonverbal emotional abuse can occur when people ignore the elderly person, separate them from friends or regular activities, or terrorize the individual.

Elder sexual abuse occurs when a person makes any sexual contact with an elderly person without consent. Showing sexual explicit materials to elderly persons also constitutes sexual abuse.

Domestic violence occurs between the elder and an intimate partner.

Financial abuse occurs whenever a person inappropriately uses an elderly person’s funds, property, or other assets. These inappropriate uses can take the form of large withdrawals from bank accounts, changes in the elderly person’s financial stability, wills, power of attorney, titles, or policy changes that seem strange or unlikely, unpaid bills, or unreasonable and unnecessary subscriptions to services or goods.

While the first five are self-explanatory, neglect can occur when a caregiver fails to provide necessary and proper care or in the form of self-neglect, the failure to provide for one’s own essential needs.

Healthcare fraud occurs when an elderly person is put into the care of an institution. This institution acts as the elderly person’s caregiver and many times is responsible for paying the person’s bills and other basic and necessary tasks. Healthcare abuse can occur in the forms of duplicate billing for medical services, overmedicated or undermedicated, and subpar care for the elderly person. Many times healthcare providers provide inadequate care due to lack of trained workers, overcrowding of facilities, or poor follow-up and responses to questions regarding care.

What are the signs of elder abuse?

Many times, signs of elder abuse can seem like symptoms of dementia, or caregivers may state that an elder’s actions are due to dementia. While many signs of elder abuse reflect signs of dementia, the following signs of abuse should not be dismissed:

  • Regular period of tension or arguments between the elderly person and his or her caregiver
  • Changes in the personality of the elderly person
  • Changes in the behavior of the elderly person

While these signs do not always stem from cases of elder abuse, it is important to check on an elderly person when these signs are present. If you have seen any of these signs in regards to a relative or loved one, contact the Law Offices of R.F. Wittmeyer, Ltd. for a free consultation today. Experienced attorneys can help you identify the signs of elder abuse when you need information.

How do you report elder abuse?

Many people do not know who to turn to when they see their loved ones suffering abuse. First, you can contact the experienced senior citizen care and nursing home abuse attorneys at the Law Offices of R.F. Wittmeyer, Ltd. Our consultations are free and confidential. Additionally, you are under no obligation to choose our law firm.

If you want other information, the state of Ilinois has several agencies to fight against elder abuse. These three agencies are

  1. the Adult Protective Services,
  2. Long Term Care Ombudsman Program, and
  3. Legal Services Development Program.

First, according to the Illinois Department on Aging, Adult Protective Services acknowledges the right for elderly people “to live in dignity and safety, free from mistreatment of any kind.” Illinois’s Adult Protect Services responds to reports of elder abuse. The program helps to represent and protect persons 60 years or older that live in a specific community.

Additionally, the Long Term Care Ombudsman Program aims to promote the rights of elderly person and to protect those rights in long-term care facilities such as nursing homes.t

Lastly, the Legal Services Development Program provides legal services and advice for elders.

However, there are many different ways to report elder abuse depending upon what kind of elder abuse is occurring. For example, to file a claim regarding discrimination or sexual harassment, contact the Illinois Department of Human Rights via phone or letter to either their Chicago or Springfield office. However, remember to follow the specific filing deadlines found online at https://www2.illinois.gov/aging/Pages/default.aspx.

The attorneys at the Law Offices of R.F. Wittmeyer, Ltd. can assist you with any of these needs.

Senior Helpline

The Adult Protective Services Program maintains a Senior Helpline that provides assistance to elders. According to the Senior Helpline website, the program follows a HELP mantra, an acronym that states the program’s mission to (1) Help elders local necessary services in their community, (2) Evaluate elders needs as well as answer questions, (3) Link elders to coordination services within their areas, and (4) Provide information.  The Helpline is not only for elders but for their caregivers as well. The organization works in coalition with the Long-Term Care Ombudsman program, legal services, transportation, employment, and nutrition services.

The Senior Helpline is available Monday through Friday 8:30am to 5:00pm Central Standard Time by dialing 1-800-252-8966 or emailing at [email protected]. For 24-hour assistant, dial 1-866-800-1409 for the Adult Protective Services Hotline.

Illinois Nursing Home Mandatory Arbitration Clauses

6850760963_1cc9603d1b_bNursing homes in Illinois can ask residents to sign an arbitration agreement so long as it is drafted in compliance with general Illinois contract law. Although the Illinois Nursing Home Care Act nullfieid any waiver given by a resident that bars his right to litigation, a 2012 Illinois Supreme Court decision invalidated this provision. In short, the provision voided mandatory arbitration clauses. But the Court invalidated the anti-waiver provision of the Act in favor of the Federal Arbitration Act (FAA), which deems mandatory arbitration clauses valid, irrevocable, and for the most part, enforceable.

In 1979 lawmakers passed the primary regulatory scheme regarding the operation of nursing homes.  The Illinois Nursing Home Care Act was enacted “amid concern over reports of inadequate, improper and degrading treatment of patients in nursing homes.”  The Act gives the Illinois Department of Public Health (IDPH) the authority to regulate the standard of care given in long-term care facilities and provides civil and criminal penalties for violations of these regulations. Among other things, the Act prohibits conduct such as neglect by employees who fail to provide adequate patient care or maintenance resulting in mental or physical injury to a resident. [Read more…]

About the Firm

Ronald F. Wittmeyer, Jr. practices plaintiffs' personal injury law at his office in Arlington Heights, Illinois.

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