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What should I do about a settlement with 2 different agencies that were supposed to care for my elderly mother?

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Location: McHenry  |  Law type: general practice attorneys
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My 83-year-old mother, who has dementia, was staying at Bickford Senior Living in Crystal Lake, IL. On Sept. 9, according to their report, she was using the washroom and tripped on her pants, fracturing her right hip. She was transported to Centegra Hospital McHenry, where she spent 4 days before being moved to The Springs in Crystal Lake for rehab. After approximately 3 weeks, she went back to Bickford with an outside agency, Arden Rose Home Care, providing 24-7 caregiving. She fell again on Oct. 7, fracturing the left hip, and went back to the same hospital. She now is at Fair Oaks in McHenry for rehab.

Her husband and my stepdad has POA, as do I. (I cannot find my papers at the moment.) We agreed upon the decisions made. However, we both have heard different stories about what happened on Oct. 7. We still are trying to gather reports from all parties involved.

In summary, both the apartment rental and caregiving services were paid a month in advance. We do not wish to get into a lawsuit. However, we would like to at least get Mom's money back, since she no longer is using their services.

Any advice would be appreciated.   

 

 

 

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Legal Solution

The response provided below is specific to general practice attorneys in the jurisdiction of McHenry. If the response is inadequate, please submit a detailed inquiry.

Analysis of Elderly Care Settlement Issue in McHenry

Context Review: Your 83-year-old mother, afflicted with dementia, has suffered two separate incidents at her senior living facilities. Both incidents resulted in hip fractures, with one occurring at Bickford Senior Living and the other shortly after her return to the same facility but under the care of an external agency, Arden Rose Home Care. These incidents can lead to potential legal complications concerning elderly care standards, negligence, and overall patient safety.

Relevant Legal Statutes and Resources:

  • Illinois Nursing Home Care Act - Governs the care and rights of residents within nursing homes.
  • Elderly Abuse and Neglect Act - Provides guidelines on what constitutes abuse or neglect of the elderly.
  • Adult Protective Services Act - Regulates the reporting and investigation of elder abuse.
  • Full list of relevant regulations pertinent to elderly care in McHenry and Illinois.

Potential Solutions:

  1. Initiate a Conversation: Before taking legal action, it's always advisable to have a detailed conversation with the facilities involved, particularly Bickford Senior Living and Arden Rose Home Care. It's crucial to understand their perspective and any measures they've taken post the incidents.
  2. Documentation and Evidence Collection: Ensure that you have copies of all medical reports, care facility incident reports, and any other relevant paperwork. Photographs, witness testimonies, and video footage (if available) can be crucial.
  3. Consultation: Consider consulting with personal injury lawyers in McHenry. Given the specialized nature of this case, you may want to find the right lawyer with experience in elder care negligence.
  4. Possible Legal Action: If after your consultations and assessments you find that there was negligence on the part of the care facilities or caregiving agency, you may have grounds to pursue a lawsuit.

Estimated Costs of Legal Services in McHenry:

Type of Law Service Estimated Cost Factors Affecting Cost
Initial Consultation $150 - $350 Duration, lawyer's experience, location
Case Investigation $500 - $1,200 Complexity, type of law, required resources
Representation in Court $2,000 - $15,000 Case complexity, attorney cost, duration
Out-of-Court Settlement $1,000 - $5,000 Negotiation skills, case strength, knowledge

Clarification and Next Steps:

To get the best possible advice and direction for your particular situation, it would be beneficial to get some more details. Feel free to ask a free legal question on our platform.

Questions for Further Information:

  1. Were there any prior incidents or complaints at Bickford Senior Living or with Arden Rose Home Care regarding similar incidents or negligence?
  2. What safety measures were allegedly in place at both the senior living facility and under the external agency's care to prevent such incidents?
  3. Were there any witnesses to the falls or any staff who can provide firsthand accounts of the incidents?

Remember, the more detailed and thorough your information, the better equipped a lawyer will be to guide you. Protecting your mother's rights and well-being should always be the priority, and taking the right legal steps is crucial in this journey.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "What should I do about a settlement with 2 different agencies that were supposed to care for my elderly mother?" has been changed 8 months 1 week ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of McHenry & area of law: general practice attorneys.
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