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 Boone County nursing home abuse attorneys David Monteleone and John Fisk for a 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.
False Imprisonment Examples in a Nursing Home
- The nursing home staff drugs the patient against their will or uses threats when medicating them.
- The staff holds the person in physical restraints or in an enclosed room for a long time.
- The nursing home staff locks the patient in a garage or room.
If these situations occur to your loved one in a nursing home, you could have a strong civil case for false imprisonment.
Contact Boone County Nursing Home Abuse Attorneys Today
About one in six people 60 years or older experienced some type of abuse in a nursing home or community setting in the last year. If your loved one has been the victim of nursing home abuse and false imprisonment, you don’t have to take it lying down. You can file a nursing home abuse or negligence lawsuit to demand compensation from the staff and facility.
You should hire a Boone County nursing home abuse attorney serving Boone County and the communities of Pecatonica, Rochelle, Machesney Park, Belvedere, Loves Park, DeKalb, Poplar Grove, Byron, and Freeport. Our attorneys will carefully review the nursing home abuse evidence to see if a settlement is possible. For more information, please contact attorneys David Monteleone and John Fisk to fight for your rights. Call our firm in Boone County for a free consultation at: (815) 962-0044.