April 26, 2008

Illinois Nursing Home Abuse and Neglect Lawyer Update–The Progress of Illinois State House Bill 5213

Illinois Nursing Homes grow closer to being required to have liability insurance coverage for negligent injuries caused to their residents. I have learned, from discussions with sources working in the nursing home community, that Illinois State House Bill 5213 will likely pass, requiring, in its current form, that Illinois nursing homes carry One Million ($1,000,000) Dollars of liability insurance coverage, with some changes. Instead of requiring every nursing home in Illinois to purchase the liability insurance coverage, there is talk of working into the bill a provision to allow some portion of self insurance, after purchase of an appropriate bond. There is also talk of a three year phase-in for the law.

House Bill 5213 is directed at insuring that injuries caused as a result of negligence by nursing homes and their staff, such as Negligent supervision by staff, bed sores/pressure ulcers, transfer injuries such as hip fractures, tibia fibula fractures, elopement injuries, abuse and neglect by nursing homes generally, have insurance coverage to cover medical bills, pain and suffering, disability and disfigurement and loss of a normal life.

We have our ear to the floor on this one, and will keep you informed of developments as they are learned. If you have any questions about House Bill Illinois 5213 or the Illinois Nursing Home Care Act, please call our office at 312-460-8888 or email us at lawyer@speakeasy.net

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April 25, 2008

Illinois Nursing Homes Without Liability Insurance Addressed by Illinois House Bill 5213 Which Requires Nursing Homes to Carry Liability Insurance Coverage

Illinois nursing homes may soon be required to carry liability insurance for injuries sustained by their residents. Illinois House Bill 5213 addresses the increasing trend of nursing homes who are failing to purchase liability insurance for the claims made by individuals injured in their nursing homes. House Bill 5213 provides that no person may establish, operate, maintain, offer or advertise a long-term care facility unless they provide the Department of Public Health with proof of liability insurance in an amount not less than One Million ($1,000,000) Dollars. We are hopeful that this Bill will become law in the not to distant future.

Unfortunately, our Chicago based law firm has first hand experience with nursing homes who do not have any liability insurance coverage to protect their residents. For example, we currently represent a nice lady who was injured in a nursing home, sustaining a tibia fracture, as a result of the alleged negligence of the nursing home and its staff.

Our firm was hired to investigate the matter and duly requested the medical records from this nursing home. The nursing home flat out refused to provide us with the medical records of our client thereby forcing us to file suit in Cook County, Illinois. Surprising, when we obtained the records of our client, from the nursing home, there were massive gaps in the nursing home records. For nearly three months, not a single note was entered in the chart, by the nurses caring for our client. It was not until two days after the injury, for which our firm was hired, that the nursing home again began to have the nurses take notes in the chart. This is a gross deviation from necessary chart keeping responsibilities by the nursing home, in our opinion.

Shortly after filing the lawsuit, we were contacted by attorneys for this nursing home who told us that the nursing home has no insurance whatsoever, to cover the horrific injuries and damages sustained by our client. The comment made to us was - if you want the keys to the nursing home, you can have them. It is behavior like this that Illinois House Bill 5213 is being put forth to correct. I urge each and everyone of you to write your local Congressman and urge them to pass House Bill 5213. If you have any questions whatsoever, please do not hesitate to call our office.

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April 24, 2008

Chicago, Illinois Nursing Home Case - Testimonial for the Law Offices of Craig L. Manchik & Associates, P.C.

When my mom suffered a fall at the nursing home, I didn’t know what to do. I tried to deal with the nursing home on my own, but they just gave me the run-around. I tried other lawyers, but it was difficult finding someone who I felt had experience in the area of nursing home injuries. When I found the Law Offices of Craig L. Manchik & Associates, P.C., I knew within five minutes that my search for an attorney was over. Mr. Manchik knew more about nursing home cases than any of the other attorneys I had spoken with. He told me about the Illinois Nursing Home Care Act, a special statute, a special law, which we could use to help use in a lawsuit versus the nursing home for injuries they caused to my mother.

When I found Craig Manchik and his firm, Law Offices of Craig L. Manchik & Associates, P.C., I felt a tremendous burden had been lifted off my shoulders.

On a personal level, Craig gave me as much time as I needed to talk to him about my case; he and his staff always returned my calls promptly, and always listened to me, helping me greatly through the difficult periods following my mother’s fall, her death, and numerous other issues that came up. I felt a strong sense of trust with him and his firm. Craig was more than just my attorney, he became my friend.

My mom’s injuries were fairly small-she suffered an ankle fracture, with minimal medical treatment and no surgery. The total medical bills were less than $3,000.00. Mr. Manchik, through his had work, dogged perseverance, legal skill, and knowledge of the Nursing Home Care Act, was able to secure a settlement, shortly after filing suit, of $77,500.00. This was much more money than we had expected to receive. Initially, we were hoping that we would be able to have the $3,000.00 in medical bills paid and to receive some money for hiring a sitter to sit with mom while I was working. The settlement far exceeded our expectation as this was much more money than we had expected to receive.

Other firms told me that I didn’t have a case. Mr. Manchik believed in me and believe in this case from the beginning. I can’t imagine another attorney having as much knowledge and experience in nursing home injury cases. We were referred to Mr. Manchik’s firm by another attorney who highly recommended Mr. Manchik and the Law Offices of Craig L. Manchik & Associates, P.C.

I highly recommend that if you have a case or need an attorney that you call Mr. Manchik at the Law Offices of Craig L. Manchik & Associates. You will not regret hiring his firm.

Michael Danisevich

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April 23, 2008

Illinois Nursing Home Care Act Provides Statutory Remedies for Nursing Home Negligence

Injuries caused as a result of nursing home negligence, in Illinois, allow lawyers to use statutory remedies not otherwise available to negligent actions generally. The Illinois Nursing Home Care Act provides for extraordinary remedies including actual out-of-pocket costs and attorney’s fees when a plaintiff is successful in bringing an action versus a nursing home that has injured or wronged the plaintiff. These two valuable tools in the arsenal of weapons that can be used by Illinois attorneys to combat the increasing nursing home abuse and neglect our loved ones are undergoing. Our firm seeks these remedies in nearly all of its nursing home litigation matters.


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April 22, 2008

Illinois Nursing Home Negligence Cases May Lead to Treble Damages - Illinois House's Human Services Committee Passes House Bill 5213

Illinois Nursing Home Negligence Lawyers may be given treble damages back as a remedy against negligent nursing homes. On March 12, 2008, Illinois House Bill 5213 attempts to reinstate a provision that was removed from the Statute (Illinois Nursing Home Care Act) in 1995, that provides that a licensee shall pay treble damages (the greater of three times the actual amount of damages or $500.00) in addition to costs and attorneys fees when the rights of a residence are violated.

The Illinois House’s Human Services Committee passed House Bill 5213 which provides, in pertinent part that no person may establish, operate, maintain, offer or advertise a long-term care facility unless they provide the Department of Public Health with proof of liability insurance in an amount not less than One Million Dollars.


For example, if a verdict, in the amount of One Million ($1,000,000) Dollars was obtained versus a nursing home, the judge would multiply that verdict by three, under the treble damages provision, making the verdict Three Million ($3,000,000) Dollars versus that negligent nursing home. We are hopeful that treble damages will once again become part of the Illinois Nursing Home Care Act for all of us to use in our arsenal in our war against nursing homes providing substandard care to our loved ones.