How Can You Hold a Nursing Home Accountable for Excessive Isolation?

 Posted on June 27, 2024 in Personal Injury

In Illinois, nursing homes have a legal and ethical obligation to provide quality care for their residents, including ensuring their emotional and social well-being. Excessive isolation can severely impact residents’ health and quality of life. An Illinois lawyer can help you determine the best approach to hold a nursing home liable for excessive isolation.

What is Excessive Isolation?

Excessive isolation in nursing homes occurs when residents are unnecessarily separated from others or denied opportunities for social interaction. While some isolation may be necessary for medical reasons or during health emergencies, prolonged or unjustified isolation can be harmful.

Excessive isolation can lead to numerous health problems for elderly individuals, including increased risk of depression and anxiety, cognitive decline, weakened immune system, higher blood pressure, and increased risk of falls and fractures. These health issues can significantly reduce a resident’s quality of life and may even lead to premature death.

Illinois Laws Protecting Nursing Home Residents

Illinois has laws to protect nursing home residents from abuse and neglect, including excessive isolation. Key provisions include the Nursing Home Care Act (210 ILCS 45/), which establishes residents’ rights, and the Illinois Administrative Code (77 Ill. Adm. Code 300), which sets standards for nursing home care. The Federal Nursing Home Reform Act applies to all nursing homes receiving Medicare or Medicaid funding and mandates quality of life standards.

Steps to Hold a Nursing Home Accountable

If you believe a nursing home is subjecting residents to excessive isolation, take these steps:

• Document Everything: Keep detailed records of instances of isolation, including dates, times, and any explanations provided by the facility.

• Communicate with the Nursing Home: Express your concerns to the facility’s administration in writing and request a care plan meeting to address the issue.

• File a Complaint: If the situation does not improve, file a complaint with the Illinois Department of Public Health (IDPH). They are responsible for investigating nursing home complaints.

• Contact the Long-Term Care Ombudsman: This advocate can help resolve issues between residents, families, and nursing homes.

Legal Remedies and Prevention

If a nursing home is found to be violating residents’ rights through excessive isolation, several legal remedies may be available. These include regulatory penalties imposed by the IDPH, civil lawsuits for damages, injunctive relief ordered by a court, and, in severe cases, license revocation.

To prevent excessive isolation, nursing homes should implement comprehensive social and activity programs. They should also facilitate safe visitation whenever possible, provide regular staff training on the importance of social interaction, use technology to keep residents connected with loved ones, and regularly assess residents for signs of depression or decline related to isolation.

Recognizing Signs of Excessive Isolation

To effectively advocate for your loved one, you must recognize the signs of excessive isolation. These may include:

• Restricted visitation without valid medical reasons
• Limited or no access to common areas
• Lack of organized social activities
• Confinement to rooms for extended periods
• Inadequate staff interaction with residents
• Sudden changes in mood or behavior
• Rapid cognitive decline
• Expressions of loneliness or abandonment
• Decreased appetite or weight loss
• Increased agitation or restlessness

By staying vigilant and observant, you can quickly identify potential issues and take action to address them.

Protect Your Loved One With an Aurora, IL Personal Injury Lawyer

If you believe your loved one is suffering from excessive isolation in a nursing home, do not hesitate to seek help. A Kane County, IL personal injury attorney can help guide you through the necessary steps to take action. Call Kinnally Flaherty Krentz Loran Hodge & Masur P.C. at 630-907-0909 to start with a free consultation.