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Nursing Homes Abuse Blog By Jonathan Rosenfeld

Frequently Asked Questions


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Are Nursing Homes Required To Have Certain Numbers Of Staff?

Posted in Frequently Asked Questions

"Are nursing homes required to have certain numbers of staff" -Edward, Highland Park, IL Illinois does not require a specific staff to patient ratio for Illinois nursing home facilities.  The responsibility lies on each facility to determine the staffing needs to meet the needs of its residents.  (Section 300.1230 – Staffing)  The Administrative Code requires… Continue Reading

Can a nursing home tie my dad to a wheelchair if he has had episodes of wandering around the facility?

Posted in Frequently Asked Questions, Restraints

"Can a nursing home tie my dad to a wheelchair if he has had episodes of wandering around the facility?"                                                                                            -Sam, Memphis, TN After a recent post about a nurse tying a resident to a wheelchair with a bed sheet, I received several emails from concerned people regarding the use of restraints in nursing… Continue Reading

Nursing Home Abuse Blog Readers Highlight Issues Facing Many Patients & Families

Posted in Frequently Asked Questions, Nursing Home Abuse

I am grateful to our readers who continually supply me some great topics to write about.  I also receive questions from readers regarding a particular situation they may be experiencing.  I try to answer every question I get or direct readers to a resource to get more information.  I have put many of commonly encountered… Continue Reading

Why do nursing homes describe pressure sores according to ‘stages’?

Posted in Bed Sores, Pressure Sores, Decubitus Ulcers & Pressure Ulcers, Frequently Asked Questions, Stages of Bed Sores

“What do nursing homes describe pressure sores according to stages?” -Edith Phoenix, AZ Nursing homes and hospitals use a four stage scale to describe, monitor and treat pressure sores (also called bed sores, pressure ulcers or decubitus ulcers).  By categorizing pressure sores, according to standardized characteristics, a sense of uniformity can be established amongst all… Continue Reading

Who is responsible for deciding whether an assisted living facility can properly care for a resident?

Posted in Frequently Asked Questions

"Who is responsible for deciding whether an assisted living facility can properly care for a resident?" -Mrytle, Chicago Heights, IL Assisted living facilities are generally governed by state law.  In Illinois, assisted living facilities (ALF’s) are licensed, regulated, and inspected by the Illinois Department of Health (IDPH). The IDPH ensures that all ALF’s in Illinois comply… Continue Reading

Are nursing home patients protected under federal law?

Posted in Frequently Asked Questions

"Are nursing home patients protected under federal law?"                                                                 -Tom, Edina, Minnesota Although many nursing home patients frequently feel trapped within the situation they are currently in, nursing home patients actually have many rights granted to them under federal law.  Federal law empowers nursing home patients to make decisions with respect to their medical treatment… Continue Reading

How can nursing home ombudsmen help with problems encountered in a long-term care facility?

Posted in Frequently Asked Questions

 "How can nursing home ombudsmen help with problems encountered in a long-term care facility?" -Carol, Beachwood, Ohio Every state is required to have a long-term care ombudsmen program as set forth by the Federal Older Americans Act.  In the long-term care setting, ombudsmen act as patient advocates to help families find facilities that meet resident… Continue Reading

What is a surviving spouse entitled to in a wrongful death lawsuit against a nursing home?

Posted in Abuse In Chicago Nursing Homes & Other Communities Within Illinois, Frequently Asked Questions

Most states have enacted a specific cause of action for wrongful death lawsuit.  For example, in Illinois, a surviving family spouse and/or family member is entitled to bring a lawsuit for the loss of the deceased services.  Although no award can truly replace your loved one, you can be compensated for the loss of support… Continue Reading

What Is Hypostatic Blood Pressure & Why Is There An Associated ‘Fall Risk’?

Posted in Common Terms, Frequently Asked Questions, Nursing Home Falls

  Too we look to environmental causes of falls….cluttered hallways…improperly footwear…yet in many fall-related situations the real ’cause’ of the fall lies within the person herself… Hypotension (low blood pressure) is a problem for many nursing home residents, causing dizziness and fainting. Blood pressure readings measure the pressure in arteries – systolic pressure (the top… Continue Reading

Who Regulates Nursing Homes?

Posted in Frequently Asked Questions

               "Who regulates nursing homes?"– Amy, Little Rock, Arkansas In most states, nursing homes are regulated by a combination of state (Department of Health) and federal authorities (U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services [CMS]).  Each agency has its own regulations that control… Continue Reading

What Are Signs Of Nursing Home Abuse?

Posted in Frequently Asked Questions, Nursing Home Abuse, Unexplained Bruising

“I suspect my grandmother may be getting abused at her nursing home.  What are common signs of abuse I can look for in confirming this situation?” — Sherri, Atlanta, Georgia Physical, mental and sexual abuse are forms of abuse encountered by nursing home residents across the country.  Sadly, some of the most commonly abused nursing… Continue Reading

Is Medicare Entitled To Receive A Portion Of My Settlement From A Nursing Home Case?

Posted in Frequently Asked Questions, Medicare

Yes.  In nursing home negligence cases, if Medicare and/or Medicaid paid any medical expenses on your behalf, the agencies are entitled to be reimbursed. Federal laws impose a Medicare and/or Medicaid lien on all injury-related cases involving a recovery from a third-party. Because many nursing home residents are recipients of Medicare and/or Medicaid, it is… Continue Reading

“Are there limits on the compensation the victim of nursing home injury can recover?”

Posted in Frequently Asked Questions

"Are there limits on the compensation the victim of nursing home injury can recover?" Asks Nancy of Palos Heights, Illinois with a pending claim against a Chicago nursing home involving her fathers wandering from a nursing home. No.  There are no monetary limits on the damages available for victims of nursing home abuse and neglect. … Continue Reading

What Are The Rights Of A Nursing Home Visitor Who Sustains An Injury During A Visit?

Posted in Frequently Asked Questions

"What are the rights of nursing home visitor who sustains an injury during a visit?" -Asks, Marie a 58-year-old Cicero, Illinois resident who fell on broken stairs when entered a Chicago nursing home during visit to see her mother-in-law and broke her leg Visitors to a nursing home may pursue a ‘premises liability’ claim against… Continue Reading

“The Nursing Home Says My Dad’s Bedsores Were Unpreventable…”

Posted in Bed Sores, Pressure Sores, Decubitus Ulcers & Pressure Ulcers, Frequently Asked Questions

A blog reader recently wrote, “The nursing home says my dad’s bedsores were unpreventable. Is this the case, or are some bedsores an unavoidable part of living in a nursing home?” No!  The nursing home is lying to your face is is probably trying to cover their own.  Bedsores, also called pressure sores or decubitus… Continue Reading

Is There A Difference Between A DNR Order And ‘Do Not Treat Order’?

Posted in Frequently Asked Questions

I have been getting some really good questions from blog readers.  Some are very unique, most are questions that consistently arise in cases involving nursing home abuse and neglect.  I have added a new ‘Frequently Asked Questions’ category to blog to hopefully provide an easy source to reference information.   I will be periodically be… Continue Reading

What Is A Contingency Fee?

Posted in Frequently Asked Questions, Litigation

Few relationships have such an alignment of interests as an attorney / client contingency fee payment plan.  Simply put, a contingency payment is a payment based on a recovery for the injured person.  In a contingency fee arrangement, the attorney receives no payment until the lawsuit is tried to verdict or settled.  After all the… Continue Reading

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