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Since 2005, Michael Bonamarte IV has been a passionate advocate for victims of negligent conduct, corporate malfeasance, and medical malpractice. He has won numerous awards and recognitions, including Best Lawyers in America and Super Lawyers’ Rising Star. He has presented for the American Association for Justice, the AAJ Nursing Home Litigation Group, the John Marshall Law School, and numerous other legal associations. He regularly lectures at Chicago-area aging organizations about nursing home abuse. His writings have been published by the American Bar Association, the Chicago Daily Bulletin, and numerous other prestigious publications.
Read Bio
Since 2005, Michael Bonamarte IV has been a passionate advocate for victims of negligent conduct, corporate malfeasance, and medical malpractice. He has won numerous awards and recognitions, including Best Lawyers in America and Super Lawyers’ Rising Star. He has presented for the American Association for Justice, the AAJ Nursing Home Litigation Group, the John Marshall Law School, and numerous other legal associations. He regularly lectures at Chicago-area aging organizations about nursing home abuse. His writings have been published by the American Bar Association, the Chicago Daily Bulletin, and numerous other prestigious publications.
Nursing homes are allowed to institute reasonable visitation policies that may prevent family members from entering the facility in certain situations. However, when a nursing home repeatedly discourages a resident’s family from visiting or being involved in their care, it can be a red flag for the resident’s well-being and the quality of care being provided.
In this guide, the experienced nursing home abuse team at Levin & Perconti explains when and how ethical nursing homes can discourage visitation, as well as how family members can help protect their loved ones from abuse and neglect.
When Can Nursing Homes Discourage Family Visits?
Under the Illinois Nursing Home Care Act, nursing home residents have a legal right to visitation. While nursing homes can’t arbitrarily deny or significantly limit family visits, there are a few specific circumstances in which facilities can restrict visitation:
- Health: Family visits can be restricted when they might threaten a patient’s health or interfere with medical treatment. Nursing homes must still allow residents to have at least one designated visitor in the event of a disease outbreak, but may deny access if the visitor fails or refuses to undergo a health screening.
- Safety: If a family visit poses a threat to the resident, visitor, or others, a facility may restrict access.
- Resident preference: If a resident does not want to see their family members, the facility must abide by their wishes.
Outside of these situations, it is abnormal for a nursing home to deny you access to a family member, whether by limiting communication or refusing visits.
How Can I Help Protect My Loved One From Abuse and Neglect?
If your family member is a resident at a nursing home, staying involved with their life is an important part of maintaining their well-being and ensuring they are being treated well. Care issues in nursing homes often go unreported, and despite legal protections for residents, Illinois facilities often lag behind in care quality.
Regular in-person visits can help lift your loved one’s spirits while allowing you to monitor for any signs of abuse or neglect. If you notice any changes in your loved one’s general health, hygiene, behavior, or the quality of care they’re receiving from staff, you can take action to hold the nursing home accountable.
What Are Signs That a Nursing Home Is Intentionally Discouraging My Involvement?
If you are on good terms with your loved one and do not interfere with operations while visiting, most nursing homes won’t attempt to limit your access outside of valid health concerns. While restricted visitation doesn’t imply abuse or neglect on its own, seemingly unjustified limitations on your ability to freely visit and communicate with your family member might point toward bad intentions.
Some potentially suspicious actions by a nursing home include:
- The nursing home refused your visit and did not provide a written explanation, which is required under Illinois law
- The home will only allow you to visit for short periods at odd times
- The facility insists that you provide advanced notice whenever you intend to visit your loved one
- You’re unable to speak to your loved one without staff present
What Can I Do if the Nursing Home Is Keeping Me From My Loved One?
If you feel like your loved one’s nursing home is discouraging you from visiting or contacting them, start slowly and diligently documenting the situation. Ask questions about how and why you’re being denied visitation, and whether what you’re experiencing is standard procedure for the facility. Take thorough notes on the answers you get, as well as any observations you have on suspicious activity.
You can also request a meeting with nursing home officials to go over your loved one’s care plan. You have a legal right to be involved, so efforts to keep you out of care plan meetings or prevent you from seeing relevant records can be signs of unethical behavior.
If you believe your loved one isn’t being treated properly, you have multiple options for making a complaint. You can report your grievances to the facility’s administrator, contact the Illinois Long-Term Care Ombudsman Program, or file a complaint with the Illinois Department of Public Health.
When Should I Speak With a Nursing Home Abuse Lawyer?
If you believe a nursing home is restricting your ability to visit your family member in violation of your legal rights, a nursing home abuse attorney can help investigate the facility, discover any patterns of abuse or neglect, and ensure your loved one gets the proper treatment they’re entitled to.
Talking to an experienced lawyer as soon as possible will help you understand your legal options and plan your next steps. Your attorney can provide peace of mind and work to get justice for your loved one, saving your family stress and confusion.
If Something Doesn't Feel Right, Trust Your Instincts
If you need help holding a nursing home accountable for violating your family’s rights, Levin & Perconti is here. With over 400 years of combined experience, our team features some of the first lawyers in the county to handle nursing home abuse cases. We’ve recovered over $2 billion in verdicts and settlements for clients like you, and we’re ready to fight to get the results your family deserves.
Contact us online or call (312) 332-2872 today to schedule a free consultation with our trusted legal team.
