As parents and loved ones grow older, many are faced with decisions regarding long term, residential care. As with anything in life, some nursing facilities and providers are better than others. When care, or lack of care, leads to illness or injury, residents and their guardians should be aware of legal actions and remedies available to them in Illinois.

In Illinois, nursing home negligence cases and claims are generally subject to the provisions of the Illinois Nursing Home Care Act, found at 210 ILCS 45/1. Such claims could arise out of various instances of abuse or neglect, battery or sexual assault (among others). As the Nursing Home Care Act is extensive, potential claimants should consult with qualified lawyers regarding application of the act to any given situation. Among other things, the law provides for the payment of attorneys fees to plaintiffs who succeed in obtaining verdicts at trial. Part One of the act delineates resident's various legal rights. Another section of the act requires employees of facilities to report violations (abuse, neglect, etc.) to the Illinois Department of Public Health. Under the act, residents cannot be compelled to waive their right to a jury trial prior to the commencement of litigation.

Perhaps most important in terms of litigation, 210 ILCS 45/3-605 provides, "the amount of damages recovered by a resident (under the act) shall be exempt for purposes of determining initial or continuing eligibility for medical assistance under the (Illinois Public Aid Code)... and shall neither be taken into consideration nor required to be applied toward the payment or partial payment of the cost of medical care or services available under the Illinois Public Aid Code." As such, public aid recipients who are injured as a consequence of nursing home negligence should not allow their status (as recipients of public aid) to influence their decision to pursue a bona fide claim. Such decisions should be made after consultation with qualified legal counsel.

Unlike medical malpractice claims, individuals bringing claims under the Illinois Nursing Home Care Act are not required to file a report of an expert witness (physician or other relevant health care practioner) prior to filing suit. Having said that, nursing home claims may also give rise to spearate medical malpractice claims, which (under Illinois law) would require certification prior to filing suit. Again, this is a matter best discussed with an attorney experienced in these areas of the law.

In short, residents of long term care facilities and nursing homes have legal rights and access to the courts under Illinois law. In cases of injury or neglect, residents and their loved ones or guardians should seek immediate legal advice so as to protect the resident's potential legal claim.

DISCLAIMER: The information contained on this website is for informational purposes only. Individuals with questions or problems in any area of the law should consult a qualified attorney licensed to practice in the individual's jurisdiction.