false imprisonment in nursing home

How Is False Imprisonment In Nursing Homes Proven?

David Monteleone
Illinois Accident and Wrongful Death Lawyer

  Posted  |  Category : Nursing Home Neglect Lawyer

Elderly Americans do not relinquish their civil rights in a nursing home or assisted living facility. But unfortunately, it is common for these residents to be abused or neglected in some facilities. One way this happens is false imprisonment, when someone is illegally restrained against their will.

While the victim is imprisoned, it means they are restricted from movement by the use of authority or blackmail. False imprisonment in a nursing home is a form of nursing home abuse or neglect and is illegal. You have legal options if you suspect a loved one has been falsely imprisoned in a nursing home. Speak to our Illinois nursing home neglect lawyers today at Fisk & Monteleone Ltd. for more information about this matter.

Nursing Home Residents Have Rights In Illinois

First, understand that the Illinois Nursing Home Care Act outlines nursing home patient’s rights in the state and the duties of the facilities and staff. To summarize, patients have the right to be free of neglect and abuse, including false imprisonment, and to manage their financial affairs. Also, nursing homes must have a written internal grievance policy that outlines this process and provides responses to complaints within 25 days.

False Imprisonment Overview In Illinois

False imprisonment means someone is being detained without them being given good justification. But there are situations in a nursing home where the care provider may restrain the patient for their health or safety. But the nursing home patient might not understand why they are being restricted because of a psychological condition, disease, or emotional distress. If that is the case, the court can get the patient’s medical records and ask them to confirm what the care provider claims.

What Are The 3 Factors In False Imprisonment?

Three elements must be proven if you think your relative has been falsely imprisoned in a nursing home. First, the detention must be against the patient’s will. Second, the will or consent of the person doing the detaining is a factor, and third, the detention was performed without a good reason or is illegal.

What Are the Different Kinds Of False Imprisonment?

There are many types of false imprisonment possible in a nursing home. For example, the detainer could physically restrain your relative against their will, but that is not always the case. In other situations, the detainer could verbally abuse and threaten your loved one, which is a type of emotional abuse.

The nursing home patient also could be falsely imprisoned with tools, restraints, and other equipment. For instance, the care provider doing the detaining could imprison someone in a vehicle. These are other common types of false imprisonment in a nursing home:

  • The nursing home staff gives medication to the person against their will.
  • The staff keeps the person in physical restraints or a room for long.
  • The staff puts the person in a locked room, such as a garage, closet, or room.
  • Security staff detains the patient for unusual reasons, such as not wearing the proper clothes.

Speak To Illinois Nursing Home Neglect Lawyers

If you think your loved one is being abused, neglected, or falsely imprisoned in a nursing home, you should report it immediately. Then, speak to our Illinois nursing home neglect lawyers at Fisk & Monteleone Ltd. for legal assistance today at (815) 962-0044.