Taking the “Nurse” Out of Nursing Homes: Under-Staffing and Neglectful Care in Chicago Nursing Homes

Nursing homes in the US are in a staffing crisis, and it's hitting Chicago hard. Chicago nursing home workers and city lawmakers have been fighting for a law to regulate nursing homes, claiming that the dangerously low staffing levels put residents at risk of “neglectful care.”

According to WGN9 News, the Service Employees International Union (SEIU) has gained the support of President Joe Biden as well as Chicago Congresswoman Jan Schakowsky in advocating for proposed legislation to mitigate neglectful care in nursing homes. The proposed legislation aims to ensure that elderly residents receive individualized and real-time care from their caregivers, as well as guaranteeing a minimum employee-to-resident ratio.

With clear protocols in place, nursing homes should be able to provide better care for their elderly residents and prevent neglectful practices from occurring. The proposed legislation highlights the importance of prioritizing the care and well being of elderly residents in nursing homes and provides a framework for achieving this goal. By promoting one-on-one care and implementing staffing ratios, the proposed legislation will create a safer and more comfortable environment for elderly residents in nursing homes.

The hope is that with these rules in place, nursing homes will be able to spread their care to all residents, thus creating a safer, more vigilant environment. Hopes and new legislation are important but this is a serious problem in nursing homes today. Let’s look at examples of the effects under-staffing has on residents.

Is under-staffing in a nursing home considered “neglectful care?”

Nursing homes that are understaffed put residents at risk of neglectful care, which can be life-threatening. In an in-depth report on nursing home abuse, USA Today stated that  “having enough nurses and aides is the most significant predictor of whether nursing home residents will thrive.” However, many nursing homes in America are not adhering to federal staffing guidelines, and some even go an entire day and night without a registered nurse on duty.

Federal staffing guidelines for nursing homes have been in place for decades, but they are rarely enforced. USA Today notes that only 4% of nursing homes were cited for violating these federal rules by government inspectors, and even fewer were fined. Shockingly, one-third of all US nursing homes did not meet the nurse and aide staffing benchmarks set by the federal government. With one-third of nursing homes being understaffed, we can infer that more than 4% of nursing homes should have been cited by those government inspectors for safety infractions.

The effects of understaffing in nursing homes in Chicago are particularly concerning. For example, USA Today notes that Alden Lakeland, a nursing home in Chicago, has fewer nurses and aides than most other nursing homes in the state. The facility has been cited multiple times for neglectful care, including abuse, broken bones, head wounds, medication errors, and pressure ulcers caused by not following treatment protocols. Staff members have even provided care beyond the scope of their licenses, and residents have been left in soiled diapers for extended periods.

What should I do if me or my family member has suffered from nursing home neglect?

In the event that your family member has suffered an injury due to negligence or understaffing in a Chicago nursing home, there are immediate steps that you should take in order to support a future legal case.

• Contact the nursing home: Inform the nursing home management of the incident and request a written report detailing the event.
• Seek medical treatment: Seek medical attention for yourself or your family member to identify and document any injuries that may not be immediately apparent.
• Document the evidence: Collect any evidence that may support your case, such as photographs of the injury or videos illustrating the nursing home’s environment.
• Avoid discussing the incident with nursing home staff: Refrain from discussing the incident with any nursing home staff members without legal representation present.
• File a complaint with the Illinois Department of Public Health (IDPH): If you are experiencing neglect or abuse or your family member is suffering in an understaffed nursing home you will file a complaint with the IDPH. The IDPH investigates complaints of neglect, abuse, and financial exploitation in nursing homes. It is recommended that you have an experienced nursing home abuse attorney for this step.
• Call the Long-term Ombudsman: The Long-Term Care Ombudsman Program was created to help ensure that elderly residents in long-term care facilities are being treated safely and with dignity. There are multiple programs throughout Illinois and three in Chicago alone; you can find the full list here.
• Consult with experienced attorneys: Seek the guidance of experienced and trustworthy attorneys at Gainsberg Injury and Accident Lawyers, who can help you understand and explore your legal options. Our team has extensive experience in handling cases of nursing home negligence and abuse in the Chicagoland area.

Keep in mind that nursing homes are required by law to provide a minimum standard of care to their residents. If you or a loved one has suffered neglectful care in a nursing home in the Chicago area, it's crucial that you seek immediate legal help from experienced attorneys. With the nursing home staffing crisis affecting the safety and well being of elderly residents in nursing homes, it's important that you take action to ensure that justice is served and that you or your loved one is fairly compensated for any injuries or damages. Don't let nursing home abuse and neglect go unpunished. Take action today by contacting Gainsberg Injury and Accident Lawyers for a free consultation. Together, we can fight for the safety and well being of elderly residents in nursing homes and hold negligent facilities accountable for their actions.