Nursing Home Neglect: Questions And Answers
Q: I think I have a claim but I’m not sure. What should I do?
A: Contact us at 847.244.0111. We will discuss the matter with you. We are also happy to meet with you in our offices to discuss the case. If you are unable to travel, we will make every effort to meet with you at your residential facility. We do not charge for initial consultations. You will be under no obligation whatsoever to retains our services.
Q: I have no money and I can’t afford a lawyer. How can I bring a claim?
A: Should you choose to retain our services, we will represent you on a contingency fee basis. Our contingency fee representation agreements are in writing. You will be presented with the written fee agreement at the very commencement of our representation. Simply stated, if we fail to collect monies for you with regard to your claim, you will be under no obligation to pay attorney’s fees for our services.
Q: I think my family member was intentionally injured by someone associated with his nursing home. Will I be able to bring a claim on his behalf?
A: We are happy to discuss the matter with you and give you our best advice. The Illinois Nursing Home Care Act provides that owners and licensees “are liable to a resident for any intentional or negligent act or omission of their agents or employees which injures the resident.”
Q: I have no assets and I am on Public Aid. Why should I bring a claim against my nursing home? If I win my case, won’t Public Aid take the money?
A: Generally, no. Plaintiffs who successfully bring claims pursuant to the Illinois Nursing Home Care Act are not required to pay liens from the Illinois Department of Public Aid from monies obtained in any settlement or judgment brought pursuant to that act. Monies recovered by a nursing home resident are exempt “for purposes of determining initial or continuing eligibility for medical assistance (from Illinois Public Aid).”
Q: Don’t you need my nursing home records in order to investigate my claim? I don’t have those records and I don’t know how to obtain the records.
A: If our services are retained, we will have you execute the appropriate releases and we will obtain your nursing home and medical records. Pursuant to law, the nursing home is required to produce a full and complete copy of your chart within 48 hours of a request for same.