Understanding the legal rights of convalescent home residents

Nursing Home Abuse and Neglect - February 13, 2025 by Horwitz, Horwitz & Associates

Convalescent homes, also known as nursing homes or rehabilitation centers, provide essential care for individuals recovering from illness, injury, or surgery. While these facilities play a vital role in patient recovery, residents are often vulnerable to neglect, abuse, and mistreatment. Understanding the legal rights of convalescent home residents is key to ensuring they receive the care they deserve and are safeguarded from harm.

At Horwitz, Horwitz & Associates, our Chicago nursing home abuse lawyers are dedicated to protecting the rights of convalescent home residents. As experienced convalescent home lawyers, we help families hold negligent facilities accountable and fight for the compensation victims deserve. In this blog, we’ll highlight the crucial legal rights of convalescent home residents and offer guidance on how to take action if those rights are violated.

The right to be treated with dignity and respect

Every resident in a convalescent home has the right to be treated with dignity, respect, and compassion. Residents should receive care that preserves their privacy, individuality, and autonomy. Illinois law, under 210 ILCS 45/2-101, ensures that residents have the right to make decisions about their daily activities, be free from abuse, and live in a clean, safe environment.

Facilities that fail to provide these basic protections or engage in discriminatory practices violate state and federal regulations. If your loved one has been mistreated, a convalescent home lawyer can help you take legal action.

The right to proper medical care

Residents of convalescent homes are entitled to receive proper medical care and treatment tailored to their individual health needs. Under the Illinois Nursing Home Care Act (210 ILCS 45/3-202.2a), facilities must develop a personalized care plan for each resident. This plan should include specific medical treatments, therapies, medications, and dietary requirements to meet the resident’s needs.

If a facility neglects its duty to provide necessary medical care, such as failing to administer medication or address health concerns promptly, this can lead to serious consequences for the resident. In cases of medical negligence, families may seek legal recourse with the help of a convalescent home lawyer.

The right to be free from abuse and neglect

Convalescent home residents have a right to live in a safe environment, free from abuse or neglect. Abuse can take many forms, including physical, emotional, sexual, and financial abuse. Neglect may involve failing to provide adequate food, hydration, hygiene, or medical care. Both abuse and neglect are prohibited by Illinois law (210 ILCS 45/2-107).

Signs of abuse or neglect can be subtle but may include unexplained injuries, poor hygiene, weight loss, depression, or sudden changes in behavior. If you suspect that your loved one is being mistreated, a convalescent home lawyer can help investigate the situation and file a claim against the facility.

The right to privacy and confidentiality

Residents in convalescent homes are entitled to privacy regarding their personal and medical information. HIPAA (Health Insurance Portability and Accountability Act) protects the confidentiality of medical records and requires facilities to safeguard sensitive health data.

Residents also have the right to privacy in their living spaces and during personal care activities. Residents or their families can take legal action to protect this right, such as through unauthorized disclosure of medical information or intrusion into personal space.

The right to make decisions about care

Residents have the right to participate in decisions about their care and treatment, including the right to refuse treatment. Convalescent home staff must explain treatment options, risks, and benefits clearly and understandably, allowing the resident to make informed choices., residents also have the right to designate someone to make decisions on their behalf, such as through a healthcare power of attorney.

If a facility disregards a resident’s preferences or forces treatment without consent, it violates their legal rights under 210 ILCS 45/2-104. A convalescent home lawyer can help ensure that these decisions are respected.

The right to file complaints

Residents of convalescent homes and their families have the right to file complaints about the quality of care without fear of retaliation. Complaints can be made to the facility itself, or, more formally, to the Illinois Department of Public Health (IDPH), which investigates allegations of abuse, neglect, or violations of residents’ rights.

If a facility does not address the concerns or the resident suffers further harm, filing a lawsuit may be the next step. A convalescent home lawyer can guide you through the complaint process and help build a case for compensation.

The right to visitors and communication

Social interaction is important for convalescent home residents’ mental and emotional well-being. Residents have the right to receive visitors and communicate with family and friends, as protected by 210 ILCS 45/2-108, 3-102.3. This right includes making phone calls, sending mail, and having private conversations with visitors.

If a facility unjustly restricts access to visitors or interferes with a resident’s communication, it infringes on their legal rights. Families should consult a convalescent home lawyer to address any unjust limitations.

Seeking justice for violations of convalescent home residents’ rights

When a resident’s rights are violated in a convalescent home, the consequences can be severe, ranging from physical harm to emotional trauma. It’s critical to act quickly if you believe your loved one is being mistreated.

At Horwitz, Horwitz & Associates, we understand the complexity of these cases and are committed to holding negligent facilities accountable. As experienced convalescent home lawyers, we will work to protect your loved one’s rights and secure the compensation they deserve for any harm they’ve suffered.

Free consultations and no upfront costs

If you suspect your loved one’s rights have been violated in a convalescent home, contact us today for a free consultation. Our firm works on a contingency fee basis, meaning you won’t pay unless we win your case. Let us help you navigate the legal process and fight for justice.

Lean on us for guidance and support

Illinois law outlines that residents of convalescent homes are entitled to a high standard of care and respect. Understanding their legal rights is key to protecting their well-being and ensuring they are not subjected to neglect, abuse, or mistreatment.

If you or a loved one have experienced a violation of these rights, reach out to Horwitz, Horwitz & Associates for guidance. As dedicated convalescent home lawyers, we are here to advocate for your family and hold facilities accountable for their actions.

For more information on the rights of convalescent home residents and relevant Illinois laws, visit the Illinois Nursing Home Care Act (210 ILCS 45).