Illinois Nursing Homes May Soon Need Liability Insurance

Illinois nursing homes may soon be required to carry liability insurance for injuries sustained by their residents. House Bill 5213 addresses the increasing trend of nursing homes who are failing to purchase liability insurance for the claims made by individuals injured in their nursing homes. House Bill 5213 provides that no person may establish, operate, maintain, offer or advertise a long-term care facility unless they provide the Department of Public Health with proof of liability insurance in an amount not less than One Million Dollars. We are hopeful that this Bill will become the law in the State of Illinois.

Fortunately, our firm has first hand experience with nursing homes who have refused to purchase liability insurance to protect their residents. For example, we currently represent a nice lady who was injured in a nursing home as a result of the nursing home=s failure to properly transfer the resident. The resident sustained a significant fracture requiring surgery and causing permanent injuries.

Our firm was hired to investigate the matter and duly requested the medical records from this nursing home. The nursing home flat out refused to provide us with the medical records of our client thereby forcing us to file suit in Cook County, Illinois.
When we did obtain the records of our client, from the nursing home, there were massive gaps in nursing home records. For nearly three months, not a single note was entered by the nurses caring for our client. It was not until two days after the injury, for which our firm was hired, that the nursing home again began to have the nurses take notes in the chart. This is a gross deviation from necessary chart keeping by the nursing home staff, in our opinion.

Shortly after filing the lawsuit, we were contacted by attorneys for this nursing home who told us that the nursing home has no insurance whatsoever, to cover the horrific injuries and damages sustained by our client. The smug comment made to us was if you want the keys to the nursing home, you can have them. It is behavior like this that House Bill 5213 is being put forth to correct.

At the Law Offices of Craig L. Manchik & Associates, P.C., we represent those who have been injured as a result of others negligence or wrongdoing. If you, or someone you know, has been injured or requires the assistance of an attorney, please contact our office to determine if a cause of action exists.

Our law practice centers around catastrophic personal injuries and wrongful death cases. The majority of our cases consist of actions for nursing home injuries, medical malpractice actions, motor vehicle accidents, work place injuries and all other personal injury matters. The majority of our cases have been referred to us by other attorneys because of our years of experience and past success.


Injuries at Illinois Nursing Homes Allow For Statutory Remedies

Injuries at nursing homes in Illinois allow lawyers to use statutory remedies not otherwise available to negligent actions generally. The Illinois Nursing Home Care Act provides for extraordinary remedies including actual out-of-pocket costs and attorney’s fees when a plaintiff is successful in bringing an action versus a nursing home that has injured or wronged the plaintiff. These two valuable tools in the arsenal of weapons that can be used to combat the increasing abuse our loved ones are undergoing at nursing homes are remedies our firm incorporates in nearly all of its nursing home litigation matters.

When a new matter is being investigated by our firm, the Law Offices of Craig L. Manchik & Associates, P.C., we determine first if there was an injury caused by the wrongdoing of the nursing home or its staff. If the injury is such a significant nature our office may undertake representation. Each and every significant injury sustained as a result of negligence or wrongdoing on the part of the nursing home or it’s employees should be investigated to determine if a valid cause of action exists. Please contact our office if you have any questions whatsoever relative to injury matters. Our law practice centers around catastrophic personal injuries and wrongful death cases. The majority of our cases have been referred to our firm because of our years of experience and past success.

The majority of our cases consist of actions for nursing home injuries, medical malpractice actions, motor vehicle accidents, work place injuries, product liability cases and other related matters. If you or someone you know has been injured or requires the assistance of an attorney, please have them contact our office. One of our knowledgeable attorneys will be available to consult with you and answer any questions you may have.


Illinois Nursing Home Treble Damages

Illinois nursing home lawyers may be given treble damages back as a remedy against negligent nursing homes.  On March 12, 2008, HB5213 attempts to reinstate a provision that was removed from the Statute (Illinois Nursing Home Care Act) in 1995 that provides that a licensee shall pay treble damages (the greater of three times the actual amount of damages or $500.00)in addition to costs and attorneys fees when the rights of a residence are violated.

The Illinois House=s Human Services Committee passed House Bill 5213 which provides, in pertinent part that no person may establish, operate, maintain, offer or advertise a long-term care facility unless they provide the Department of Public Health with proof of liability insurance in an amount not less than One Million Dollars.

For example, if a verdict, in the amount of One Million Dollars was obtained versus a nursing home, the judge would multiply that verdict by three, under the treble damages provision, making the verdict Three Million Dollars versus that negligent nursing home. We are hopeful that treble damages will once again become part of the Illinois Nursing Home Care Act for all of us to use in our arsenal in our war against nursing homes providing substandard care to our loved ones.