One of the key jobs of any attorney who sues a nursing home for abuse, neglect, bad patient care, etc, is to establish the proper standard of care. All good nursing home malpractice attorneys know to look for the nursing home’s own procedures, as well as the Illinois Nursing Home Care Act and the federal OBRA regulations. Yet some forget that the State of Illinois has many specific regulations in the Administrative Code – Title 77, Chapter I, Part 300. I’d recommend taking a look at that before filing a nursing home case and discussing some of the relevant regulations with your experts.
(Howard Zimmerle is an attorney in Rock Island Illinois, who practices in the entire Quad Cities and surrounding area. He often handles cases against nursing homes and long term care facilities. He can be reached at 309-794-1660 or hzimmerle [at] mjwlaw.com).