- Free Consultation: (630) 527-4177 Tap Here to Call Us
Owners, Operators, Licensees, Administrators, Physicians, and Nurse Practitioners: A Guide to Different Roles at Illinois Nursing Homes
When families entrust a nursing home to care for their loved ones, they assume that the facility will provide safe, professional, and compassionate care. However, determining exactly who is responsible for that care—and who can be held accountable when things go wrong—can be complicated. Multiple individuals and entities, including owners, operators, licensees, administrators, physicians, and nurse practitioners, all play a role in running a nursing home and ensuring that residents receive the care they deserve.
At John J. Malm & Associates, we understand how important it is for families to know who is responsible for nursing home care, especially when neglect or abuse occurs. In this blog, we will explore the roles of these key players in Illinois nursing homes, explain how they impact resident care, and discuss how accountability is determined in cases of nursing home neglect.
Understanding the Structure of Nursing Home Management
Nursing homes can be complex organizations with multiple layers of management and oversight. Various individuals and entities are responsible for different aspects of running the facility, from ownership and administration to providing medical care. When problems arise, such as neglect, understaffing, or medical errors, it’s critical to identify who is responsible for ensuring that residents receive proper care.
Below is an overview of the roles that each party plays in the operation of a nursing home:
1. Nursing Home Owners
The owner of a nursing home is the individual or corporate entity that has financial control over the facility. Owners may include private individuals, partnerships, or large corporations that own multiple nursing homes. While owners may not always be directly involved in the day-to-day operations, they have a significant influence on the facility’s financial decisions, such as staffing levels, equipment purchases, and overall policies.
Owners are ultimately responsible for ensuring that the nursing home operates in compliance with state and federal regulations. In cases of nursing home neglect, owners can be held liable if they fail to provide the resources needed for adequate care or if they prioritize profits over residents’ safety and well-being.
2. Nursing Home Operators
The operator is the individual or management company responsible for overseeing the daily operations of the nursing home. Operators handle the facility’s administrative tasks, such as managing staff, ensuring regulatory compliance, and maintaining safety standards. In many cases, operators are hired by the owners to manage the facility on their behalf.
Operators play a critical role in determining the quality of care provided at the nursing home. They are responsible for setting policies related to resident care, staffing, and health and safety protocols. If an operator fails to properly manage these aspects of the facility, resulting in harm to residents, they may be held legally responsible.
For example, if an operator allows chronic understaffing, resulting in neglect of residents’ basic needs, they could be liable for the harm caused by their mismanagement.
3. Nursing Home Licensees
The licensee is the entity or individual that holds the nursing home’s state license to operate. In Illinois, nursing homes must be licensed by the Illinois Department of Public Health (IDPH). The licensee is legally responsible for ensuring that the facility complies with all state regulations governing nursing home care, including staffing levels, resident safety, and quality of care.
Licensees can face serious penalties if they fail to comply with state regulations. This can include fines, license suspension, or revocation. In cases of nursing home resident neglect or abuse, the licensee may also be held accountable in civil lawsuits for failing to ensure that residents were adequately cared for.
4. Nursing Home Administrators
The administrator of a nursing home is often the individual who manages the facility on a day-to-day basis. Administrators are responsible for the overall operation of the nursing home, including hiring and managing staff, overseeing resident care, handling complaints, and ensuring that the facility complies with state and federal regulations.
Administrators play a hands-on role in running the nursing home, and their decisions directly impact the quality of care that residents receive. If an administrator fails to properly manage the facility—such as by allowing unsafe conditions, failing to address resident complaints, or not providing sufficient staff training—they can be held accountable for the resulting harm to residents.
In neglect cases, the role of the administrator is often scrutinized to determine whether they took appropriate action to address problems or prevent harm.
5. Nursing Home Physicians
Physicians play a vital role in ensuring the health and well-being of nursing home residents. Each nursing home typically has one or more physicians who are responsible for overseeing residents’ medical care. These physicians may visit the facility regularly or work on-call, depending on the size and needs of the nursing home.
A nursing home physician’s responsibilities include diagnosing medical conditions, prescribing medications, and overseeing residents’ treatment plans. They must also respond to medical emergencies and ensure that residents receive appropriate medical care. In some cases, physicians are responsible for coordinating care with specialists or hospitals.
If a physician fails to provide timely medical care or makes an error in treatment, they may be held liable for medical malpractice. For example, if a physician fails to properly diagnose an infection or fails to respond to a medical emergency, resulting in the resident suffering serious injuries or even death, they could be legally responsible for the consequences.
6. Nurse Practitioners
In many nursing homes, nurse practitioners (NPs) play a key role in providing medical care to residents. Nurse practitioners are advanced practice nurses who are licensed to diagnose medical conditions, prescribe medications, and provide treatment. NPs often work closely with physicians to oversee the health care of nursing home residents, particularly in facilities where physicians may not be present full-time.
Nurse practitioners are often responsible for conducting routine medical exams, monitoring residents’ health, and addressing changes in residents’ conditions. Because NPs have the authority to provide medical care independently, they share in the responsibility for ensuring that residents receive proper treatment.
If a nurse practitioner fails to properly monitor a resident’s health, administer treatment, or respond to medical emergencies, they may be held liable for any harm that results.
How Each of These Roles Impact Resident Care at Nursing Homes
Each of these individuals and entities plays a critical role in ensuring that nursing home residents receive safe, compassionate, and timely care. However, when any of these parties fail to meet their responsibilities, the consequences can be devastating for nursing home residents. Some of the most common issues that arise from poor management or care include:
1. Understaffing
One of the most common problems in nursing homes is chronic understaffing. Unfortunately, owners and operators often attempt to cut costs by hiring fewer staff members than necessary, which can result in residents going without proper care. When understaffing leads to neglect—such as missed medications, unsupervised falls, or untreated medical conditions—the owner, operator, and administrator may be held liable for their failure to ensure adequate staffing levels.
2. Inadequate Training
If nursing home staff are not properly trained to care for residents, the risk of neglect and harm increases significantly. Operators and administrators are responsible for ensuring that staff receive the training they need to care for elderly and disabled residents. If untrained staff make medical errors, fail to recognize health issues, or neglect residents’ needs, the facility’s leadership may be held accountable for their lack of oversight.
3. Failure to Provide Timely Medical Care
When nursing home residents experience a medical emergency, physicians and nurse practitioners are responsible for providing timely care. Failure to do so can lead to serious complications, such as untreated infections, bedsores, or life-threatening conditions like strokes or heart attacks. In such cases, the physician or nurse practitioner may be held liable for medical malpractice if they fail to act quickly or provide the appropriate treatment.
Legal Accountability in Illinois Nursing Home Neglect Cases
When nursing home neglect or abuse occurs, it is essential to identify which individuals or entities are responsible for the harm. In many cases, multiple parties may share responsibility for ensuring residents’ safety, and each party’s actions—or inaction—can play a role in the neglect.
1. Identifying Responsible Parties
In any nursing home neglect case, it is crucial to investigate the roles of the owners, operators, administrators, physicians, and nurse practitioners to determine who was responsible for providing care. This may involve reviewing medical records, staffing reports, IDPH complaints and reports, and state licensing documents to determine who made critical decisions regarding the resident’s care.
2. Holding Negligent Parties Accountable
At John J. Malm & Associates, we have extensive experience in investigating and litigating nursing home neglect cases. Our top-rated Illinois nursing home abuse lawyers work tirelessly to hold owners, operators, administrators, physicians, and nurse practitioners accountable when they fail to provide proper care to nursing home residents. Families may be entitled to compensation for medical expenses, pain and suffering, and, in cases of wrongful death, funeral expenses and other damages.
How John J. Malm & Associates Can Help With Your Illinois Nursing Home Abuse and Neglect Claim
When nursing home neglect occurs, it is important to understand who is responsible for the harm caused to your loved one. At John J. Malm & Associates, we are committed to investigating all aspects of a nursing home’s management and care structure to determine who should be held accountable. We will work to gather evidence, identify the responsible parties, and fight for the justice your family deserves.
Contact the Award-Winning Illinois Nursing Home Abuse Attorneys at John J. Malm & Associates
If you suspect that your loved one has been a victim of neglect or abuse in an Illinois nursing home, don’t wait to take action. Contact John J. Malm & Associates for a free consultation. With offices in Naperville and St. Charles, our dedicated Illinois nursing home injury lawyers are here to help families throughout Illinois hold negligent nursing homes accountable. Contact us today, and let us fight for justice for your family.