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Friday, December 24, 2010

Illinois Nursing Homes Often Pay Small Percentage of Illinois Fines

The Chicago Tribune is reporting that Alden network of nursing homes and other facilities often pay a small percentage of fines levied by the State of Illinois for violations of the state regulations for nursing homes. The Tribune investigation found that of a sample of nursing homes that care for disabled children only 21% of fines levied by the State were ultimately paid by the nursing homes.

It is important to note when the Illinois Nursing Home Care Act was enacted the Illinois legislature put into place strong protections for nursing home residents. Section 601 of the Act provides that a nursing home resident, or the family or guardian of the resident, may proceed with a civil lawsuit against a nursing home for any intentional or negligent act or omission by the staff at a nursing home. Section 602 of the Act provides that a negligent nursing home is responsible for any actual damages AND the attorney's fees in any case where the nursing home is found liable.

The significance of these sections of the Illinois Nursing Home Care Act is that a nursing home residents or their family/guardian are not limited to the disciplinary actions of the State of Illinois. The other option is to pursue a civil claim, which is most commonly referred to as a lawsuit. Due to these provisions in the Act, the lawsuit can be brought by retained an Illinois Nursing Home Abuse and Neglect Attorney. With the representation of the attorney, the nursing home can be pursued and the nursing home could be responsible for any damages they caused and the attorney's fees if the nursing home is found liable by a judge or jury.

Illinois Nursing Home Abuse and Neglect Attorney Mike Keating handles nursing home abuse and neglect cases on a contingency fee basis in accordance with the Illinois Rules of Professional Responsibility. This way the nursing home resident or their representatives are not forced to pay any attorney's fees or expenses in advance.

If you have any questions regarding this post or an issue involving Nursing Home Abuse and Neglect, please contact Illinois Nursing Home Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com. All initial consultations are confidential and free.