The Illinois Department on Aging is honoring long-term care residents. October is residents’ rights month in Illinois. It is an important time to raise awareness of the rights that residents have in nursing homes and other long-term care facilities in the state. At Kennedy Watkins LLC, we are strong advocates for the health, safety, and well-being of vulnerable long-term care residents. In this article, our Chicago nursing home abuse lawyer highlights key things nursing home residents (and their families) should know about their rights in Illinois.
Abuse and Neglect are Serious Problems in Long Term Care Facilities
October marks Residents’ Rights Month in Illinois, a time to focus on those living in nursing homes and what true dignity looks like in care. Across the state, families and advocates raise awareness about elder abuse, neglect, and the quiet ways rights can be ignored. Every resident deserves safety, respect, privacy, and control over daily life. When those rights are violated, it is a serious problem. Nursing homes must meet the standards that protect the vulnerable. Families should stay involved, ask questions, and speak up at the first sign of mistreatment.
An Overview of Residents’ Rights in Illinois
- Residents Have the Right to Be Free from Abuse and Neglect
Nursing home abuse and nursing home neglect should simply not happen. All of the residents of long-term care facilities have the right to live in an environment free from abuse, neglect, and any form of exploitation. Along with other things, this includes physical, emotional, sexual, and financial abuse. Licensed assisted care facilities must maintain written policies prohibiting abuse. They must also immediately report suspected violations to the Illinois Department of Public Health (IDPH).
- Residents Have the Right to Adequate and Appropriate Care
Long-term care residents in Chicago and elsewhere in Cook County are, by definition, vulnerable. Many of them have advanced medical needs. It is imperative that those medical needs are properly taken care of by staff at the facility. In Illinois, each resident is entitled to the level of care and services necessary to attain and maintain their highest practicable physical, mental, and psychosocial well-being. The right applies to medical treatment, rehabilitation, nutrition, and personal hygiene. Under Illinois state law (210 ILCS 45/2-102), facilities must employ qualified staff and comply with state-mandated care plans.
- Residents Have the Right to Privacy and Confidentiality
Privacy matters. That a person has moved into an assisted living facility does not mean that he or she should lose their privacy and confidentiality. Residents have the right to privacy in medical treatment, personal care, communications, and visits. Facilities must safeguard all personal and health information in compliance with both the Nursing Home Care Act and federal privacy regulations, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) .
- Residents Have the Right to Make Personal and Medical Decisions
Residents retain the right to participate in decisions regarding their own medical treatment, including the right to refuse care. Facilities must obtain informed consent for all medical procedures and must recognize valid powers of attorney for health care. Under Illinois law (210 ILCS 45/2-104), residents also have the right to manage their personal finances unless they are legally adjudicated as incompetent. If that is the case, a conservator may be appointed to protect their best interests.
- Residents Have the Right to Communication and Visitation
Residents have the right to communicate freely and privately with family, legal representatives, clergy, and government officials. Facilities must provide reasonable access to telephones, mail, and visitation during established hours. Restrictions are permissible only when necessary to protect resident health or facility safety. If there are any restrictions, they must be carefully documented.
- Residents Have the Right to Voice Complaints and Seek Change
Finally, nursing home residents in Chicago and elsewhere in Illinois have the right present grievances without fear of retaliation. Every facility must post contact information for the Illinois Long-Term Care Ombudsman Program and the IDPH complaint hotline. Under 210 ILCS 45/3-701, residents may bring a civil claim for damages and attorney’s fees for violations of their statutory rights. No punishment can be taken against a resident who voices a complaint. That would be unlawful retaliation and it is itself a violation of the law in Illinois.
What is the Statute of Limitations for a Nursing Home Abuse Claim in Illinois?
Nursing home abuse and nursing home neglect claims are time-sensitive. In Illinois, most nursing home abuse and neglect claims must be filed within two years from the date the injury was discovered or reasonably should have been discovered. If the abuse results in death, a wrongful death action must also be filed within two years of the date of death under 740 ILCS 180/2. One notable exception is that claims against a state-operated facility or public entity may have shorter notice requirements under the Illinois Court of Claims Act. Be proactive: Consult with a Chicago, IL nursing home abuse attorney right away.
Why Families Trust Our Chicago Nursing Home Abuse Lawyers
The residents of long-term care facilities are vulnerable. They have a right to safe, comfortable conditions. Unfortunately, nursing home abuse and nursing home neglect remain very serious problems. At Kennedy Watkins LLC, our Chicago attorneys help residents enforce their rights. Our verdicts and settlements tell what we can do for victims and their families. If you need help with any aspect of a claim, our Chicago nursing home abuse lawyers provide free, confidential consultations.
Contact Our Chicago, IL Nursing Home Abuse Attorney Today
At Kennedy Watkins LLC, our Chicago nursing home abuse lawyers are compassionate, experienced advocates for justice. If you or a loved one was the victim of nursing home abuse, we can help. Get in touch with us today for a free, no obligation consultation. It is our mission to fight for justice or victims and families who need help. Nursing homes must be held accountable. With an office in Chicago, we provide nursing home abuse representation throughout the region in Northern Illinois.