By Dan Noll on February 21st, 2025 in Articles, Nursing Home Abuse
Springfield Nursing Home Abuse Lawyers Explain the Illinois Nursing Home Care Act
Victims of nursing home abuse, neglect, or negligence in Illinois may be entitled to rely on the provisions of the Illinois Nursing Home Care Act to recover compensation for their personal injuries. Also known as the NHCA, this extensive body of law establishes certain rights for residents and their families in nursing homes and long-term care facilities – which is in addition to the large body of common law (judge-made law) that helps protect individuals being treated by medical providers and facilities throughout Illinois. The Springfield nursing home abuse lawyers at the Noll Law Office know that this is for good reason too.
According to government statistics, roughly one in ten individuals over the age of 65 in the United States will be the victim of elder abuse this year. However, other statistics indicate that this is just the tip of the iceberg, as estimates suggest only one out of every 24 incidents of elder abuse or neglect is actually reported. Of the reported abuse, the most common forms of abuse that are seen in nursing home lawsuits include emotional/psychological (almost 12%), physical (almost 3%), neglect (over 4%), and sexual abuse (about 1%) – and usually a combination of each type. Each of these types of abuse and injuries to residents may result in compensation under Illinois law, including the Illinois Nursing Home Care Act.
That’s why, if you or a loved one may have been victim of nursing home abuse, neglect, or negligence in Illinois, understanding the Illinois Nursing Home Care Act is crucial to supporting your claim. At the Noll Law Office, their experienced Springfield nursing home abuse lawyers can handle serious and catastrophic injuries caused by nursing home neglect or errors. To learn more about your rights to compensation, schedule a free consultation with their compassionate legal team.
What is the Illinois Nursing Home Care Act?
The Illinois Nursing Home Care Act is one of the most important bodies of law for nursing home and long-term care residents in Illinois, if not the country. It is a very important consumer rights statute that empowers attorneys to effectively advocate for nursing home residents who have suffered abuse, neglect, or other errors in a facility.
Although, traditionally, litigation for nursing home residents could be brought under common law claims, the NHCA has transformed this landscape by creating certain rights of residents that are stronger than the existing common law causes of actions (or claims). This includes certain rights for residents and requirements for facilities. In doing so, the NHCA has also made cases more economically viable for victims and their families, as well as their attorneys, by strengthening damages and awarding counsel fees, litigation costs, and other expenses for victims to ensure that their rights are well-protected.
Important Rights Under the Illinois Nursing Home Care Act
The most important and clear-cut part of the NHCA is that it guarantees residents the right to be free from abuse or neglect. The NHCA defines neglect comprehensively, including failures to provide adequate medical care, mental health treatment, personal care, or assistance with activities of daily living. This broad definition enables attorneys to pursue cases involving various forms of negligence, from bed sores and falls to medication errors and failures to supervise.
Some of the other key rights and points necessary for a full understanding of the Illinois Nursing Home Care Act include the following:
- Right to basic human needs, including water, food, medication, toileting, personal hygiene, and related needs
- Right to manage your own finances
- Right to your personal property
- Right to use your own physician
- Right to see your medical record
- Right to participate in your own medical care and treatment, and make related decisions
- Right to create and maintain a living will (advanced health care directive)
- Right to be rescreened when admitted with a serious mental illness or cognitive impairment
- Right to respect and privacy in medical care and treatment, including for examinations, discussions, consultations, treatment, and other similar care that you have the right to maintain as confidential
- Right to be free from unnecessary physical restraints (i.e., bed rails or straps) or chemical restraints (i.e., sedatives)
- Right to not be given unnecessary drugs or treatment
- Right to private communications and visits with family or friends, and the right to live with your spouse
- Right to re-evaluation when a facility changes over ownership, and the right to transfer
- Right to the free exercise of religion
- Right to an employee of a state or public agency, or to a legal representative at any reasonable time to discuss any matter
- Right to be discharged upon request
- Right to file grievances against a facility and its staff, and to be free from retaliation in doing so
- Right to refuse to perform labor at a facility
- Right to be free from unlawful discrimination, and
- Other certain rights that are afforded under the Illinois Nursing Home Care Act and that are as interpreted under the common law that a nursing home abuse lawyer could protect for you.
Were You or a Loved One Injured in a Nursing Home? Need Help Understanding the Illinois Nursing Home Care Act? Call the Springfield Nursing Home Abuse Lawyers at the Noll Law Office
The Illinois Nursing Home Care Act is one of the most comprehensive nursing home resident protection acts in the United States, and it represents a powerful tool for attorneys seeking justice for nursing home residents. Its provisions for mandatory attorney fees, broad definition of damages, and protection against retaliation make it possible to pursue cases that might otherwise be economically unfeasible under the common law. By understanding the NHCA’s nuances and knowing their rights, victims and their families can effectively advocate for themselves and their loved ones when facilities violate their well-established rights.
If you or a loved one may have had one or more of your resident rights violated under the Illinois Nursing Home Care Act, contact the experienced Springfield nursing home abuse lawyers at the Noll Law Office to schedule your free case evaluation and consultation to learn more about your rights to compensation. They can help victims recover the compensation that they deserve under the law. To schedule your free appointment with their Springfield nursing home abuse lawyers, call (217) 414-8889 or send a message here.