Nursing Home Liability for Residents’ Abuse or Neglect
by
James M. McGing on Jul. 03, 2024
Accident & Injury Medical Malpractice
Summary: Nursing Home Liability for Residents’ Abuse or Neglect. Under the Nursing Home Care Act, long-term care facilities can be held liable for the abuse or neglect of persons under their care. “Facility" or "long-term care facility" means a private home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill or any similar institution operated by a political subdivision of the State of Illinois, which provides, through its ownership or management, personal care, sheltered care or nursing for 3 or more persons, not related to the applicant or owner by blood or marriage. It includes skilled nursing facilities and intermediate care facilities as those terms are defined in the federal Social Security Act. It also includes homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans' Affairs. What is Abuse and what is Neglect under Illinois Law? “Abuse” means any physical or mental injury or sexual assault inflicted on a resident other than by accidental means in a facility. “Neglect” means a facility's failure to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living that is necessary to avoid physical harm, mental anguish, or mental illness of a resident. If you suspect a family member or other person has been abused or neglected, call Former Judge James M. McGing (773) 467-8000 and speak to him today. Former Judge James M. McGing served as a Supervising Judge in the Law Division of the Circuit Court of Cook County and is a partner in the Miller & McGing Law Firm.
Nursing Home Liability for Residents’ Abuse or Neglect.
Under the Nursing Home Care Act, long-term care facilities can be held liable for the abuse or neglect of persons under their care. “Facility" or "long-term care facility" means a private home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill or any similar institution operated by a political subdivision of the State of Illinois, which provides, through its ownership or management, personal care, sheltered care or nursing for 3 or more persons, not related to the applicant or owner by blood or marriage. It includes skilled nursing facilities and intermediate care facilities as those terms are defined in the federal Social Security Act. It also includes homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans' Affairs.
What is Abuse and what is Neglect under Illinois Law?
“Abuse” means any physical or mental injury or sexual assault inflicted on a resident other than by accidental means in a facility.
“Neglect” means a facility's failure to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living that is necessary to avoid physical harm, mental anguish, or mental illness of a resident.
If you suspect a family member or other person has been abused or neglected, call Former Judge James M. McGing (773) 467-8000 and speak to him today.
Former Judge James M. McGing served as a Supervising Judge in the Law Division of the Circuit Court of Cook County and is a partner in the Miller & McGing Law Firm.