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Tuesday, August 3, 2010

Definition of "Neglect" Amended in IL Nursing Home Care Act

The Illinois Nursing Home Care Act used to define neglect as:

"A failure in a facility to provide adequate medical or personal care or maintenance, which failure results in physical or mental injury to a resident or in the deterioration of a resident's physical or mental condition."

This definition of neglect now includes the "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."

The main difference is that neglect now just isn't a failure that results in physical or mental injury, but any "willful withholding" of medical care and treatment or assistance that could result in physical harm, mental anguish, or mental illness of the resident."

This is a critical change as it allows Illinois nursing home attorney to prosecute cases against nursing homes for neglect when they willfully withhold care, treatment, and assistance. There no longer needs to be a injury. Now there just needs to be a showing of physical harm, mental anguish, or mental illness to demonstrate neglect.

Illinois nursing homes should never neglect a resident under any definition. If you or a loved one have been a victim of neglect in an Illinois nursing home, please contact Attorney Mike Keating at MKeating@KeatingLegal.com or 312-208-7702.