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Premises Liability

Do I give up my rights when I become a nursing home resident?

Not many Chicago residents are willing to give up their independence. Having one’s own home, the ability to drive, and the power to make decisions for one’s self are all capacities that some people take for granted. When illness, injury, or other ailments force a person to seek the ongoing assistance of a medical or nursing care facility, he may find that the luxury of independence that he once enjoyed is replaced by the control of a third party.

However, if you must live or rehabilitate in a nursing home for any period of time, you are still entitled to many personal rights. For example, nursing home residents cannot be barred from seeing their family members and loved ones and they cannot be stopped from speaking with authorities about the quality and sufficiency of the care they receive. They cannot be required to submit to medical procedures and treatments against their will, and they may request to receive information about their treatment plans.

Nursing home residents do not lose their rights to privacy simply because they live in communities with other patients and care workers. They have rights to continue practicing their religions, engage in social activities, and maintain relationships while in care homes. Nursing home residents cannot be released or transferred without sufficient notice.

A person does not lose his basic rights when he must live in a nursing home or other care facility. Those individuals who suffer abuse, neglect, or other maltreatment at the hands of care workers and nursing home staff members may have rights to compensation for their losses. Personal injury attorneys are often equipped to manage these cases and work with clients who have been victimized during their nursing home stays.

Source: Findlaw, “Rights of Nursing Home Residents,” Accessed Feb. 4, 2016

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$2,300,000 – Brain Injury
$650,000 – Motor Vehicle Accident
$800,000 – Construction Injury
$570,000 – Medical Malpractice

$4,300,000 – Medical Malpractice
$4,100,000 – Construction
$4,000,000 – Medical Malpractice
$3,000,000 – Vehicle Accident

$950,000 – Birth Injury Malpractice
$5,860,000 Medical Malpractice – Wrongful Death
$1,800,000 – Product Liability
$4,000,000 – Medical Malpractice

$3,000,000 – Vehicle Accident
$950,000 – Birth Injury Malpractice
$7,500,000 – Premises Liability

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