Many Americans will eventually spend time in a nursing home. One estimate reveals that 40% of nursing home patients have reported abuse.
Unfortunately, nursing home and abuse cases are becoming more common across the country. One problem that sometimes happens in nursing home abuse cases is false imprisonment.
Below is the medical definition of false imprisonment and other vital information about nursing home abuse and neglect. If you have questions, please contact Illinois nursing home abuse lawyer David Monteleone for a free consultation.
The Rights Nursing Home Residents Have in Illinois
Residents of nursing homes are protected by state and federal laws and have authority over their medical care and treatment. Other rights they have are:
- The right to have friends and family visit
- The right to complain about inadequate medical care
- The right to never be abused or neglected
- The right to respect and privacy
- The right to use personal belongings and clothes
- The right to personal care by a doctor
The Medical Definition of False Imprisonment
Any illegal restraint on someone against their will is known as false imprisonment. This does not necessarily mean the person is in a confined room or cell. The victim cannot take the action they want based on using authority or blackmail. Under Illinois law, the false imprisonment medical definition described here is considered nursing home neglect or abuse.
For instance, if the assisted living facility restrains your father from meeting you and threatens to withhold food or medicine, this is considered false imprisonment.
However, there are situations where the nursing home may correctly restrain the patient for their well-being. But the nursing home resident may not understand why they are being restrained because of their emotional or mental health.
In this situation, the court will get the patient’s medical records and question the caregivers to understand if the restraint is medically necessary. The nursing home may lie to you about your loved one’s mental and psychological health, potentially complicating matters and leading to restraint.
If a nursing home abuse case goes to trial, the jury will consider these points when determining if there was false imprisonment:
- The restraint must have been done against the will of the patient.
- The will or consent of the person detained is involved in the case.
- The detention did not have a legal justification.
