Legal Question in Medical Malpractice in Illinois
Nursing Home Abuse
My elderly mom was in a nursing home for rehab post hip surgery. On the second day there she was left unattended and fell and broke her hip. While in the hospital for the hip surgery, she came away with 3rd degree pressure ulcers, which led to amputation, and death. I submitted a document to the IL Dept of Public Health and the nurins home facility was cited with negligence, emotional abuse, and improper nursing care. I would like to pursue legal action against the nursing home. Can I request a complete copy of my mom's medical records? I was not the Medical POA. My sister who was, is not interested in pursuing this. My question is - as a daughter, am I entitled to request a copy of my mother's medical records at the nursing home, and are they required to give them to me?
5 Answers from Attorneys
Re: Nursing Home Abuse
Dear Sirs:
You have a case under the Illinois Nursing Home Act which will entitle you to damages which you Mother sustained while in the nursing home.
We can also sue for wrongful death under the Illinois Wrongful Death Act.
Medical bills and funeral bills as well as loss of society and companionship are recoverable.
We have sucessfully handled many such cases. We are a firm that has been in existence for twenty-seven (27) years.
Please call should you seek a free consult with an experienced attorney.
Law Offices
JOHN C. WUNSCH, P.C.
(312) 977--9900
Re: Nursing Home Abuse
Yes--The Court can name you as the executive of the Estate of your Mother and then you may make the necessary requests. My office has accepted elderly abuse and/or nursing home negligence cases in the past and if you like to talk about this case more in depth, please feel free to contact my office.
I hope this helps-
Re: Nursing Home Abuse
Generally speaking you are entitled to the records. However, you may find that it is difficult to obtain them from the nursing home. My office handles these types of caes, and would be pleased to discuss this with you. Please feel free to contact me directly.
Jeff Friedman
Re: Nursing Home Abuse
Please accept my condolences to you and your family. Their treatment of your mother was horrific and you should pursue this so that no one else's family goes through this with that nursing home. Your sister's POA ended upon your mother' death. You can obtain the medical records as a representative of the estate. Please contact me if you have any questions. I help victims throughout Illinois and Indiana.
Re: Nursing Home Abuse
Please accept my condolences to you and your family. Their treatment of your mother was horrific and you should pursue this so that no one else's family goes through this with that nursing home. Your sister's POA ended upon your mother' death. You can obtain the medical records as a representative of the estate. Please contact me if you have any questions. I help victims throughout Illinois and Indiana.
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