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Nursing Home Abuse and Neglect/Injuries
 Federal Nursing Home Law Controls Duties of Nursing Home to its Residents

What does the law say about what a Nursing Home's obligations are to its residents? How can you know where to turn for the black and white answers as to what Nursing Homes are specifically required to do?

Both federal and state laws regulate almost every aspect of nursing home activity. If a patient is abused or neglected, the nursing home probably is violating the strict laws prohibiting improper treatment.

The following are some of the specific sections of the Code of Federal Regulations (CFR), which regulate the nursing home industry:

* Care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident's quality of life (42 CFR 483.15).

* Promote care for residents in a manner and in an environment that maintains or enhances each resident's dignity and respect in full recognition of his or her individuality (42 CFR 483.15).

* Ensure that the resident has the right to choose activities, schedules, and health care consistent with his or her interests, assessments, and plan of care (42 CFR 483.15).

* Conduct initially (no later than 14 days after admission) and periodically (after a significant change in the resident's physical or mental condition and, in no case, less often than once every 12 months) a comprehensive, accurate, standardized, reproducible assessment of each resident's functional capacity (42 CFR 483.20).

* Develop a comprehensive care plan for each resident that includes measurable objectives and timetables to meet the medical, nursing, mental, and psychosocial needs identified in the comprehensive assessment. The care plan must be developed within 7 days after completion of the comprehensive assessment and describe the services that are to be furnished. In addition, qualified persons must review, and if necessary revise, the care plan prepared after each assessment (42 CFR 483.20).

* Prevent the deterioration of a resident's ability to bathe, dress, groom, transfer and ambulate, toilet, eat, and to use speech, language or other functional communication systems (42 CFR 483.25).

* Provide, if a resident is unable to carry out activities of daily living, the necessary services to maintain good nutrition, grooming, and personal and oral hygiene (42 CFR 483.25).

* Ensure that residents receive proper treatment and assistive devices to maintain vision and hearing abilities (42 CFR 483.25).

* Ensure that residents do not develop pressure sores and, if a resident has pressure sores, must provide the necessary treatment and services to promote healing, prevent infection and prevent new sores from developing (42 CFR 483.25).

* Provide appropriate treatment and services to incontinent residents to restore as much normal bladder functioning as possible and prevent urinary tract infections and to restore as much normal bladder function as possible (42 CFR 483.25).

* Ensure that the resident receives adequate supervision and assistive devices to prevent accidents (42 CFR 483.25).

* Ensure that a resident maintains acceptable parameters of nutritional status, such as body weight and protein levels (42 CFR 483.25).

* Provide each resident with sufficient fluid intake to maintain proper hydration and health (42 CFR 483.25).

* Ensure that residents are free of any significant medication errors (42 CFR 483.25).

* Maintain sufficient nursing staff to provide nursing and related services to attain or maintain the highest practicable physical, mental, and psycho-social well-being of each resident, as determined by resident assessments and individual plans of care (42 CFR 483.30).

* Ensure that the medical care of each resident is supervised by a physician and must provide or arrange for the provision of physician services 24 hours a day, in case of an emergency (42 CFR 483.40).

* Provide pharmaceutical services (including procedures that assure the accurate acquiring, receiving, dispensing, and administering of all prescriptions) to meet the needs of each resident (42 CFR 483.60).

* Be administered in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident (42 CFR 483.75).

* Maintain clinical records on each resident in accordance with accepted professional standards and practices that are complete, accurately documented, readily accessible, and systematically organized (42 CFR 483.75).

If you think that a loved one was the victim of nursing home abuse or neglect, you owe it to that individual and your family to try to find out what happened. It is important to talk with a lawyer experienced in nursing home cases and federal regulations of nursing homes.

by Scott D DeSalvo
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Source: http://www.desalvolaw.com

What My Clients Have To Say

“ I met Mr. DeSalvo when he was calling my medical office trying to get help for one of his clients. He was very sincere and he really cares about his clients. That’s why I hired him. Since then, Mr. DeSalvo has helped my family with two cases. He goes the extra step for you and makes you feel like a friend, not just a “client.” In one of the cases, I brought a case to him last minute. After he hung up with me, he called the insurance company, and within 30 minutes, LITERALLY, he had gotten me a very generous settlement–no court costs.  He really went out of his way to help me, and never makes you feel like “you should have known that” attitude that you get with a lot of other attorneys.  Working with Mr. DeSalvo has been a very nice experience. I will ALWAYS refer people who need a lawyer to him. He’s the best!”

Tina Lunau
Car Accident/Medical Malpractice
Medical Office Supervisor  
Naperville, Illinois

“ I was worried about getting paid for my time lost from work in my work injury when I hired Mr. DeSalvo.     He explains the legal system in plain English and explains your options in the case before he takes any action. The insurance company denied my case from the beginning and did not want to pay anything. Mr. DeSalvo got them to pay and was able to settle my case quickly and got me a fair settlement, even though it was a tough case.     I really feel like I got the best possible settlement we could.     I send all of my friends and family to Mr. DeSalvo because he works hard to get you your fair share for an injury.”

John Czaplewski
Work Injury
Industrial Machine Repairman  
Hodgkins, Illinois

“ Mr. DeSalvo is a very fair lawyer. He will tell you if you have a case and what he can do about helping you. When I hired him, my number one concern was the insurance company paying me for the time I lost from work because of my injury. Other lawyers turned down my case, but Mr. DeSalvo helped me get the money I deserved.     He made sure I was informed on my case every step of the way. He got the job done.      I would refer a friend or family member to him any time because I like him as a person and a lawyer.”

Dorothy Hamilton
Car Accident
Security Guard
Chicago, IL

“ I hired Mr. DeSalvo instead of another lawyer because of his honesty and willingness to help. I never felt like I was bothering him with my questions and worries.       He explained things real good and made sure I understood all the answers to my questions.  My biggest worry about my wife’s injury was getting lost in the rush of everything that was going on. Mr. DeSalvo was always there to watch over our best interests. He gave me the peace of mind that he is there for us 24/7.   We had a problem at the hospital concerning care for my wife because the doctors were not keeping us informed. One call to Mr. DeSalvo and he was at our side at the hospital. He could have made a phone call, but instead, he came to the hospital to help us with the problem when we needed him most.     He was always there for us .  ”

Loren and Melissa Brooks
Medical Malpractice
Truck Driver and Nurse
Joliet, Illinois

“ A friend of mine referred me to Mr. DeSalvo, and when I spoke with him over the telephone, he seemed like he was very straight up.     He kept me informed and gave me his opinion on the case, but he let me make my own decision. He made me feel very confident about my case. I would refer a friend or family member who needed a lawyer to him.”

Vanishia Jamison
Car Accident
Store Manager
Chicago, Illinois

“ I hired Mr. DeSalvo because I trusted him to handle my case with professionalism. Before I knew about Mr. DeSalvo, years ago, I suffered a very severe injury and hired a lawyer that a friend suggested. The case could not have been handled any worse than it was by this other lawyer. While I am angry and frustrated that I had another injury,    I like Mr. DeSalvo’s good attitude and he makes you feel at ease    . Rest assured that Mr. DeSalvo will handle everything perfectly and recover the money you deserve.”

Erin Riley-Benson
Fall down/Premises Liability Case
Medical Malpractice Case
Waitress/Homeaker    
Lagrange, Illinois

“ Mr. DeSalvo took my case even though I brought it to him long after the accident happened, and right before the case was about to expire. He reviewed the case right away and took it to Court. He is different from other lawyers because he keeps me in touch about my case, tells me what I need to do, and tells me what he is doing on my case.  With him handling my case, I feel confident and relaxed.

Guy Oppedisano
Car Versus Pedestrian Accident
Disabled/Chef    
Chicago, Illinois

“  Mr. DeSalvo was very open and honest with me, so I felt confident in hiring him. I was worried about how much of a settlement I could get, and how long I would have to wait. He’s different than other lawyers I have used in the past. Frankly, I do not like most lawyers and I think that some of them lie, they do not return phone calls, they are rude, harsh, and some have no business practicing law. Mr. DeSalvo got straight to the point on how severe my injuries were and what they were worth as far as what insurance companies pay for injuries.     He was quick, he got me the maximum for my injuries, and he was always truthful.      I was secure in what he told me about my case. And secure with him fighting for me as my attorney.    He doesn’t hustle you, he is sincere and truthful, and he didn’t mind me asking him a million questions.     I refer all of my friends and family members to him because he is a true professional.”

Steve Parson
Fall Down Accident    
 Doorman    
 Chicago, Illinois

"My Mom recommended Mr. DeSalvo to me.   I never hired a lawyer before Mr. DeSalvo but he answered all my questions and constantly stayed in contact with the insurance company and kept me updated on the status of my case.  He made me feel like there was hope of getting justice in my case.    I feel like he did an excellent job in a timely manner on my case.  Thank You!"

Shakka Bradford  
 Can Accident  
 Bank Teller
Chicago, Illinois

"A friend of mine told me about Mr. DeSalvo. I was really worried about my doctor bills being paid. I never had a lawyer or any kind of case before. Mr. DeSalvo made sure my bills got paid and that I recovered my lost wages.    He was very professional, quick-witted, and in control.   Thanks to Mr. DeSalvo, my case was a success!"

Tamberia Johnson
Work Injury
Sales Manager
Chicago, Illinois

"Mr. DeSalvo is a good lawyer. I did some research before hiring Mr. DeSalvo. He was very professional. I received a good settlementon my case. This was my first time using a lawyer but he kept me informed on my case, and he works good with the client helping resolving their case.     I am very happy and satisfied."  

Michael Maury
ConstructionLaborer
Car Accident
Summit   , Illinois  

"I hired Mr. DeSalvo because he came well-recommended to me. Once I hired him, I had no worries. He broke the entire legal process down to simple terms that are clearly understood. The thing I liked best was his honesty and consistency in moving the case forward . I felt that he would work hard and do his very best to solve and settle my case and he was confident that he could do the best to get the very best settlement we could . If someone in my family needed a lawyer, he would be the very best attorney to get the case settled. He's an attorney I trust and he can be trusted to tackle the case. I liked him so much, I hired him a second time! He has settled two cases for me!" 

Kim V. Ewing
Secretary
CarAccident/Breach of Contract
Chicago , Illinois  

Disclaimer:      None of the above is legal advice. Every case is different. Nothing above should suggest the promise of any particular outcome on your case. If you need a lawyer, it is an important decision you must consider carefully. This website contains promotional and informational material. If you need a lawyer or have a case, seek the advice of an attorney immediately. Do not rely on the information contained on this website alone. It cannot take the place of the knowledge, experience, advice and judgment of a skilled, aggressive and ethical attorney. 

To Contact Mr DeSalvo with a legal question or any questions or concerns about this website, please CLICK HERE

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More Client Comments!

“ When I was considering lawyers, Mr. DeSalvo seemed to know a lot more and told me a lot more than others did. I hired him. He got me a good settlement amount quick. He is fast, and always let me know about things.  He made me feel very good about my case.  He had faith in me and my case even when I didn’t. He is a wonderful lawyer doing a wonderful job.”  

Cynthia Outler
Car Accident
Homemaker
Chicago, Illinois  

I had an attorney before Mr. DeSalvo. The day before the trial in my case, the other lawyer dismissed my case, claiming that he and I had ‘irreconcilable differences’ of which I knew nothing about . I didn’t know what to do.  That’s when I met Mr. DeSalvo.    I could feel his concern from the very beginning. My case was a mess, and     Scott said “   Sharon, I’ll do my best ” and he always kept in touch with me. I encounter attorneys all day in my job, and a lot of them are just nasty. If you hire Mr. DeSalvo, you have an attorney that will be concerned about you, that knows how to respect you, and I believe does his best to resolve the case for you as fast as possible.     Overall, I Thank God for introducing me to Scott. He is one of the nicest and most down to earth people I have ever met, and is also is always professional."  

Sharon Scott
Car Accident
Sales Associate
Chicago, Illinois  

“ I hired Mr. DeSalvo because he is an attorney who really cares about his clients, and he takes the extra effort to makes sure the client is cared for in every possible way for the best results in their case. He gets the job done right, he’s fast, and he does quality work. I have been delightfully pleased with Mr. DeSalvo because he has exemplified Honesty, Integrity, and Trust.    He went to work immediately on my case, making calls, and following up on every detail, and resolving my case in several weeks. I really felt satisfied, educated, and helped. ”

Leroy Bowers
Work Injury/Motor Vehicle Accident
Construction Worker 
Chicago, Illinois  

“ I had a lawyer before I hired Mr. DeSalvo, but I fired him because the other lawyer wasn’t “into” into my case. So I was looking for a new lawyer and then I spoke to Mr. DeSalvo about my injury and what could be done, and I’m glad I had him as my lawyer. I was concerned about making sure that the young lady did not get away with hitting my car and causing injuries to myself and to know she was not right. Mr. DeSalvo cares, and he is there for the little man, so that the little man can stand tall. He put in a lot of time and he wasn’t afraid to go to Court to prove the point. He was confident and wouldn’t quit until the last word was said. He cared about me and my case.  He’s good.  He’s a good lawyer and I‘m glad I had the chance to meet him.”

Dennis Brown
Car Accident
Forklift Operator  
Chicago, Illinois  

"Mr. DeSalvo is a good lawyer to talk to. My main concern in my case was getting full recovery and a fair settlement. He will talk to you about your case, not settling your case for little money. He made me feel good about my case and confident that we would get a good deal.   He handled my case with confidence like a good attorney should."

Ivory Johnson
CTA Bus Accident
Construction Worker 
Chicago, Illinois  

“ I hired Mr. DeSalvo because he indicated professionalism to me and I felt that he would do the best in representing me.    I was worried about getting a fair settlement for my rotator cuff injury, and he expedited the settlement. I feel very good about how he handled my case. Everything worked out very well.”

Charles "Chuck Cannon" Giannone
Premises Liabity/Fall Down Case
Journalist
Skokie, Illinois

(Excerpt from a letter Nina wrote me before she voluntarily filled out the testimonial which follows--what a sweetheart Nina is!)

"Mr DeSalvo, thank you very much for handling my case. I appreciate everything you have done for me in getting the best offer. I appreciate your taking the time to talk to me to answer my questions. Thank you!"
.....    
"The first lawyer I hired did not seem to care about me, but was only interested in me signing my name before things were properly explained to me. Mr. DeSalvo kept me abreast of how things were going and I was always informed when something was or was not happening.  Mr DeSalvo is honest and upfront: he is more concerned about what you are concerned about and wont do anything without your permission. I like that he is easy to communicate with, with no airs or separation between lawyer and client.      I am very pleased with the outcome in my case (settlement) and I will most definitely refer my family and friends who need a lawyer to you!"

Nina Ellison
Car versus Semi-Truck Accident
School Teacher
Chicago, Illinois  

"I had a case with another lawyer, but they dropped my case after 6 months of frustration.     I was afraid Scott would drop my case too, because it was a difficult case to get recovery .  Mr. DeSalvo was able to track down the person responsible for my injuries when the other lawyer couldn't. He got me a settlement and was even able to reduce the doctor bills. Mr DeSalvo got me more money than I thought I would get! Confident is the best word I would use to describe Mr. DeSalvo handling my case . I already referred my mother to Mr. DeSalvo for her work injury! He beats the Defendants in his cases as if he was the one who was injured.  Very professional and he got the job done!  

Sinovia Bell
Ceiling Collapse
Medical Administrative Assistant
Chicago, Illinois

"Scott: Thanks for everything! You are a really great lawyer and an even better friend!" (Excerpt from a hand written note) 

Joe and Anne Galvan
Graphic Artist and Sales Representative
Chicago , Illinois  

" Mr DeSalvo has alot of care in him about people. I didn't worry about anything because once I talked to Mr. DeSalvo, he made me know my worries was over.  He really let's you know he is on your side. He made sure I was comfortable and he answered all of my questions. He talked to me on the telephone. He didn't push me off on someone else. He has a big, w onderful heart! My case was a success and I would refer a friend or loved one to him from now until forever!" 

"It's not all about how much money I recovered. Mr DeSalvo is one of a kind. Other attorneys once they get your case, they don't have time to talk and make you feel like you need them but your case means nothing to them. There should be more like Mr. DeSalvo! I thank him because he really is on the client's side!"

Teresa Martin
Cosmetology
Multi-car Crash
Chicago Illinois 

"Dear Mr. DeSalvo:  My mother and I wanted to thank you for everything you have done for us. We can't begin to express our apprecciation and gratitude enough!" [Excerpt from a Thank You card]  

Lynette and Mae Tucker
Chicago Illinois

"A family member referred me to Mr. DeSalvo. I came to his office and he was very nice and very caring. Right away, it seemed like he could get the job done for me. So I hired him and it worked out just fine. My son and I were hurt when we were hit by a car that crossed the center line as we were crossing the street in the crosswalk. I was really worried about me and my son getting our bills paid and being treated fairly. I have never had a law case before so I was pretty worried about how long it would take and whether my son and I would be protected." 

"He did a Master job--he was great from the beginning to the end and was great with every question I had and because I could tell he cared, I felt like everything would be okay. He told me not to worry. When he talked to me and explained everything all the worry went away." 

"He has very friendly people in his office, and he really made me feel at home whenever I went over there. I have no complaints at all. He had my back and everything worked out great. He is a great person besides being a great and skilled lawyer. He will take care of you like he took care of me and my son. Thanks for everything, Mr. DeSalvo--I hope we meet again in the future!" 

[Me, too, Michelle, but no more injuires, okay? - Scott   ]  

Michelle Clark
Customer Service Representative
Car versus Pedestrian
Chicago, Illinois

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