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Chicago Trial Attorney: Personal Injury & Business Litigation: Nursing Home Abuse and Neglect Law — The Right to Know Your Rights

November 7, 2012
Berenz Law Network

A common theme that attorneys representing nursing home abuse and neglect victims preach is that the best way to prepare yourself and your loved one and keep vigilant against potential nursing home misconduct, is to be well aware of your rights as a patient.

In addition to a facility’s particular practices and procedures, the Illinois Nursing Home Care Act sets out a number of specific rights of a patient in a long-term care facility. One important right, and one that is often overlooked, is the basic right of a patient to know their rights.

In fact, Section 2-211 actually requires that:

“[e]ach resident and resident’s guardian or other person acting for the resident shall be given a written explanation” of the patient’s rights.

The key to this section, however, comes near the end:

“[t]he explanation shall be given at the time of admission to a facility or as soon thereafter as the condition of the resident permits, but in no event later than 48 hours after admission, and again at least annually thereafter.”

This is often a good “tell” as to what type of facility you are dealing with — do they follow the rules even on the smallest steps? Make no mistake about it, this may be a basic gesture, but it’s an important one. A nursing home resident has the right, guaranteed by law, to have their rights explained to them no later than 48 hours after admission to a facility, and the ones that do not follow these rules are sometimes the ones that also make bigger mistakes.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have anyquestions and to learn how we may be able to help you or your loved one who has been a victim of nursing home abuse or neglect – in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters – large or small.

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Berenz Law Network

Chicago injury attorney Phil Berenz has secured substantial settlements and verdicts for clients in personal injury, medical malpractice, and wrongful death cases. He has also successfully defended businesses and individuals against lawsuits, winning judgments that far exceeded the amounts plaintiffs originally sought.

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