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Chicago Nursing Home Abuse Lawyer

Attorney Jonathan Rosenfeld
Licensed in Illinois

Nursing home abuse is a tragic and alarming reality for many elderly residents in Chicago and across the country. As families place their trust in nursing homes to care for their loved ones, the expectation is that they will receive adequate care in a safe environment. 

Unfortunately, nursing home abuse cases are far too common, involving various forms of abuse and neglect. Whether intentional or due to gross nursing home negligence, these abuses often result in severe harm or even death.

For victims of nursing home abuse and their families, seeking justice can feel overwhelming. The legal process surrounding Illinois nursing home abuse cases is complex and can be challenging to navigate without professional assistance. That’s why it’s important to turn to an experienced Chicago nursing home abuse lawyer specializing in these cases. 

An attorney with a thorough understanding of nursing home abuse and neglect can be an invaluable advocate for victims and their families, helping them secure the compensation they deserve and ensuring that negligent nursing homes are held accountable.

Why Hire Nursing Home Law Center

Nursing Home Law Center is dedicated to helping victims of nursing home negligence obtain justice and compensation. Our law firm has a strong history of handling abuse cases with care and achieving substantial verdicts and settlements.

We leave no stone unturned, conducting thorough investigations to cover all aspects of the abuse, including medical costs, emotional distress, and other related damages. With our extensive knowledge of nursing home abuse claims, we effectively manage the legal process and work relentlessly to safeguard your rights.

We communicate compassionately and transparently throughout the case, ensuring you and your family stay informed, supported, and confident at every stage.

Types of Cases Handled by Our Chicago Nursing Home Abuse Lawyers

Nursing home abuse refers to any intentional harm, neglect, or exploitation of elderly residents in a nursing home or assisted living facility. This mistreatment can take many forms, all of which can have devastating effects on the physical, emotional, and financial well-being of nursing home residents. 

Our Chicago nursing home abuse lawyers handle a wide range of cases to protect the rights of older adults and their families, ensuring they receive justice and compensation for the harm they’ve endured.

Physical Abuse

Physical abuse is one of the most visible forms of nursing home abuse. It includes any bodily harm inflicted on a nursing home resident, such as hitting, slapping, pushing, or rough handling. Additionally, physical or chemical restraints may be improperly used, causing serious injuries like bruises, broken bones, or long-term psychological damage.

Mental and Emotional Abuse

Emotional or mental abuse occurs when nursing home staff members use words or actions to humiliate, intimidate, or isolate a resident, leading to psychological distress, depression, or mental illness. Verbal abuse, threats, and other forms of mental abuse are common in nursing homes that fail to train or supervise staff adequately.

Sexual Abuse

Sexual abuse in a nursing home setting involves any non-consensual or unwanted sexual contact between a staff member and a resident. This type of abuse can include inappropriate touching, assault, or coercion of a resident, particularly those who are cognitively impaired. Sexual abuse is a heinous violation of trust, leaving deep emotional and psychological scars.

Medical Malpractice

Medical malpractice in nursing homes occurs when caregivers fail to provide adequate medical care to nursing home patients. This neglect includes failure to prevent bed sores, medication errors, misdiagnosis, or failure to treat infections.

Negligence

Nursing home neglect includes failure to meet basic needs such as proper nutrition, hydration, or hygiene. It may also involve a lack of supervision, leading to dangerous situations such as residents wandering off the property (elopement).

Financial Abuse

Financial abuse involves the exploitation of a resident’s financial resources. This act can include unauthorized use of the resident’s bank accounts, forging signatures on financial documents, or coercing the resident to change their will.

Wrongful Death

In the most severe cases, nursing home neglect or abuse can lead to a resident’s death. Families who have lost a loved one due to the negligent or abusive actions of a nursing home facility can file a wrongful death claim to hold the facility accountable and seek justice for their loss.

Nursing home residents in Chicago and throughout Illinois are protected by both federal and state laws that ensure their right to adequate care and protection from nursing home abuse and neglect.

The Nursing Home Reform Act of 1987 is a critical federal law that mandates strict standards for nursing homes receiving Medicaid services or Medicare funding. Under this act, nursing home residents have the right to live in a safe environment, free from abuse and neglect, and to receive proper medical treatment.

In Illinois, the Nursing Home Care Act offers additional protections for Illinois nursing home residents. This law ensures that nursing home patients are treated with respect, dignity, and care, and it allows victims to take legal action if these standards are violated. 

The Illinois Department of Public Health oversees nursing home facilities and investigates complaints of suspected nursing home abuse or neglect.

When a nursing home fails to meet these standards, victims or their family members can file a nursing home abuse lawsuit to seek compensation for damages, including medical expenses, emotional trauma, and wrongful death.

Eligibility to File a Claim 

If an elder abuse victim is unable to file a nursing home abuse lawsuit themselves, certain parties are allowed to take legal action on their behalf. Family members, legal guardians, or someone with power of attorney for the resident can pursue a nursing home abuse case. 

Additionally, if a resident dies as a result of abuse or neglect, the resident’s estate or close family members may file a wrongful death claim. These claims help hold Illinois nursing homes accountable for their actions and seek justice for the abused or neglected resident and their family.

Liability in Nursing Home Neglect and Abuse Cases 

In cases of nursing home neglect, liability can extend beyond the individual staff members directly responsible for the mistreatment.

Nursing Home Facility

The nursing home can be held liable if it fails to provide a safe environment for its residents. This failure includes inadequate staffing, poor training, or failure to implement proper safety protocols. When a nursing facility prioritizes financial gain over resident care, it can lead to neglect and abuse, making the facility directly responsible for any harm that occurs.

Nursing Home Staff Members

Individual caregivers, nurses, or aides can also be personally liable for their abusive or negligent behavior. This includes actions such as physical abuse, verbal abuse, and neglect of basic needs, as well as failing to provide necessary medical treatment. Staff members who abuse or neglect residents are legally accountable for their actions.

Medical Providers

Doctors, nurses, and other healthcare professionals who provide medical care to nursing home patients may be liable if their negligence results in harm. This liability can include prescribing incorrect medications, failing to monitor a resident’s health condition, or neglecting to treat injuries or illnesses.

Third-Party Contractors

Nursing homes often rely on third-party contractors for services such as food preparation, security, or medical care. If these contractors fail to meet the necessary standards of care and their negligence harms a resident, they can also be held liable. 

For example, if a third-party security company fails to prevent unauthorized access to the nursing facility, resulting in abuse, they may share responsibility.

Owners and Administrators

The owners and administrators of nursing homes are responsible for overseeing the operations of the facility and ensuring compliance with state and federal regulations. They can be held liable if they fail to properly hire, train, and supervise staff or ignore reports of abuse and neglect.

How Our Chicago Nursing Home Abuse Attorneys Can Help

At our law firm, we understand the emotional and physical toll that nursing home abuse can take on both victims and their families.

With years of experience handling nursing home abuse cases throughout Chicago and Illinois, our team of dedicated attorneys is committed to fighting for the rights of elderly residents who have been mistreated in nursing facilities.

We are well-versed in the complexities of nursing home abuse lawsuits and work diligently to ensure that our clients receive justice and fair compensation for the harm their loved ones have suffered.

Our Chicago nursing home abuse lawyers offer comprehensive legal services to assist you at every stage of the legal process, from the initial consultation through settlement or trial. Here’s how we can help:

Free Case Evaluation

We offer a free consultation to help you understand the details of your case and the legal options available to you. During this evaluation, we will listen to your concerns, assess the situation, and provide guidance on the best course of action. 

Whether you are dealing with suspected abuse or clear signs of neglect, our legal team is here to answer your questions and provide advice without any obligation.

Case Investigation

Our attorneys conduct thorough investigations into nursing home abuse claims. This process involves reviewing medical records, interviewing witnesses, and examining the policies and practices of the nursing home facility where the abuse or neglect occurred. 

We work closely with medical experts and other professionals to build a strong case on behalf of the nursing home residents who have been harmed.

Filing the Claim

Once we have gathered sufficient evidence to support your case, we will file a nursing home abuse lawsuit against the responsible parties. This may include the nursing home staff, administrators, and the facility itself. Our team ensures that all legal documents are prepared and submitted on time, allowing you to focus on your loved one’s recovery while we handle the legal work.

Settlement Negotiation

In many cases, nursing home abuse lawyers are able to secure compensation through settlement negotiations. We negotiate with the nursing home and their insurance company to seek a fair settlement that covers the costs of medical treatment, pain and suffering, and other damages your loved one has experienced. 

Our goal is to obtain a settlement that reflects the full extent of the harm done, without the need for a lengthy trial.

Trial Representation 

While many cases can be resolved through settlement, some nursing home negligence cases require a trial to reach a resolution. If the responsible parties refuse to offer fair compensation, our experienced trial attorneys are fully prepared to take your case to court. 

We have a proven track record of success in representing victims of nursing home abuse in courtrooms across Illinois and will aggressively pursue justice on behalf of your family.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 221 Medicare-approved nursing homes in Los Angeles, and a significant portion of these facilities are struggling with their overall ratings and inspections. Specifically, 137 of these homes, or 62%, have received an overall rating of below or much below average.

Health inspections present challenges, as 125 facilities, or 57%, scored poorly in this category. This rating suggests widespread issues related to compliance with state and federal health regulations, potentially affecting residents’ well-being.

Staffing levels are a critical concern, with 165 nursing homes (75%) receiving below-average ratings. These staffing deficiencies may reflect difficulties in providing consistent, adequate care for residents, impacting their day-to-day well-being and long-term health.

Regarding quality measures, 69 nursing homes (31%) received low ratings in this area. This score indicates that while staffing and inspections are problematic, most facilities still perform reasonably well in maintaining residents’ overall quality of care. [1]

The worst-rated nursing homes in Chicago include:

  • Alden Estates of Orland Park
  • Alden Lakeland Rehab & Hcc
  • Alden Town Manor Rehab & Hcc
  • Alta Rehab at Fairmont
  • Aliya of Oak Lawn
  • Aliya of Palos Park
  • Aliya on 87th
  • Aperion Care Dolton
  • Aperion Care Forest Park
  • Aperion Care Glenwood
  • Aperion Care Hillside
  • Aperion Care International
  • Aperion Care Lakeshore
  • Aperion Care Niles
  • Aperion Care South Holland
  • Archer Heights Healthcare
  • Atrium Health Care Center
  • Avantara Evergreen Park
  • Avantara Palos Heights
  • Austin Oasis, The
  • Beacon Care and Rehabilitation
  • Belhaven Nursing & Rehab Center
  • Bella Terra Bloomingdale
  • Bella Terra Morton Grove
  • Berkeley Nursing & Rehab Center
  • Burbank Rehabilitation Center
  • Briar Place Nursing
  • Bria of Elmwood Park
  • Bria of Forest Edge
  • Bria of River Oaks
  • Bria of Westmont
  • Center Home Hispanic Elderly
  • Chateau Nrsg & Rehab Center
  • Chicago Ridge Snf
  • Citadel of Skokie, The
  • Community Care Nursing Center
  • Continental Nursing & Rehab Center
  • Crestwood Rehabilitation Ctr
  • Crestwood Terrace
  • Downers Grove Rehab & Nursing
  • Elevate Care Chicago North
  • Elevate Care Country Club Hills
  • Elevate Care Lakeshore
  • Elevate Care North Branch
  • Elevate Care Niles
  • Elevate Care Riverwoods
  • Elevate Care South Holland
  • Elevate Care Windsor Park
  • Foster Health & Rehab Center
  • Grove of Elmhurst
  • Hammond-Whiting Care Center
  • Harbor Health & Rehab
  • Heather Health Care Center
  • Hickory Vlg Nrsg & Rhb
  • Irving Park Living & Rehab Ctr
  • Kensington Place Nrsg & Rehab
  • Kenwood Vlge Nrsg and Rhb Ctr
  • Lakefront Nursing & Rehab Ctr
  • Lakeview Rehab & Nursing Center
  • Little Village Nrsg & Rhb Ctr
  • Mayfield Care and Rehab
  • Morgan Park Healthcare
  • Munster Med-Inn
  • Norridge Gardens
  • Oak Lawn Respiratory & Rehab
  • Oak Park Oasis
  • Park View Rehab Center
  • Parkshore Estates Nursing & Rehab
  • Pavilion of Logan Square
  • Pavilion of South Shore
  • Pearl of Elk Grove, The
  • Pearl of Hillside, The
  • Pearl of Montclare, The
  • Pearl of Riverwoods, The
  • Peterson Park Health Care Ctr
  • Prairie Oasis
  • Ryze on the Avenue
  • Ryze West
  • Sheridan Village Nrsg & Rhb
  • Skylake Post Acute
  • South Shore Health & Rehabilitation Center
  • South Shore Rehabilitation
  • Southpoint Nursing & Rehab Center
  • South Suburban Rehab Center
  • Tri-State Village Nrsg & Rhb
  • Uptown Care and Rehabilitation
  • Warren Barr South Loop
  • Warren Park Health & Living Ctr
  • Wentworth Rehab & Hcc
  • Westmont Manor Hlth & Rhb
  • Zahav of Berwyn
  • Zahav of Des Plaines

Elder abuse in nursing homes can take many forms, and recognizing the common signs is essential in protecting nursing home residents from further harm. Here are some examples of the most frequent signs of elder abuse in nursing facilities:

  • Unexplained bruises, cuts, or burns
  • Broken bones or fractures
  • Marks from restraints
  • Sudden changes in behavior, such as withdrawal or anxiety
  • Fearfulness around certain staff members
  • Reluctance to speak openly about their care
  • Unexplained injuries or infections in the genital area
  • Torn or stained underwear
  • Difficulty sitting or walking
  • Bedsores, malnutrition, dehydration
  • Poor personal hygiene or dirty living conditions
  • Untreated medical conditions
  • Unauthorized withdrawals or credit card charges
  • Missing personal belongings
  • Unexplained changes in wills or legal documents
  • Worsening health conditions
  • Medication errors

What to Do If You Suspect Nursing Home Abuse

If you suspect nursing home abuse involving your loved one, it’s crucial to act quickly to ensure their safety and hold those responsible accountable. Here are the essential steps to take to report nursing home abuse or neglect:

Call 911 if There is Immediate Danger

If your loved one is in immediate physical danger or suffering from life-threatening harm, do not hesitate to contact local law enforcement by calling 911. This step ensures your family member receives medical care and protection right away.

Report to the Nursing Home Administrator or Management

If there is no immediate danger but you suspect abuse or neglect, notify the nursing home administrator or management staff. Request an investigation and ask them to document your concerns. Make sure you keep a copy of any written communication for your records.

File a Complaint with Your Local Ombudsman’s Office

Every state has a Long-Term Care Ombudsman Program that advocates for the rights of nursing home residents. The Ombudsman’s office investigates complaints about nursing homes and works to resolve issues involving abuse, neglect, or poor conditions. Filing a complaint with this office is a crucial step to ensure proper oversight and intervention.

Contact a Nursing Home Abuse Lawyer

If you suspect abuse or neglect, it’s important to speak with a nursing home abuse lawyer as soon as possible. An experienced lawyer can help you understand your legal options, gather evidence, and file a nursing home negligence lawsuit if necessary. 

A nursing home abuse attorney will ensure your loved one’s rights are protected and work to secure compensation for the harm they have suffered.

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims of nursing home negligence may be entitled to various types of compensation, depending on the severity of the abuse and the harm suffered.

Economic Damages

Economic damages cover the measurable financial losses related to the abuse. Examples include:

  • Medical Expenses: Costs for hospital visits, treatments, medications, and rehabilitation resulting from the abuse.
  • Relocation Costs: Expenses associated with moving the resident to a safer facility.
  • Lost Wages: Lost income may be recovered in cases where a family member must take time off work to care for the abused resident.

Non-Economic Damages

Noneconomic damages compensate for the emotional and psychological harm caused by abuse. These damages include:

  • Pain and Suffering: Compensation for the physical pain and emotional distress experienced by the nursing home resident.
  • Loss of Enjoyment of Life: If the abuse has caused a significant decline in the resident’s quality of life, this can be factored into the personal injury lawsuit.
  • Emotional Trauma: Damages for anxiety, depression, and psychological harm caused by physical or emotional abuse.

Punitive Damages

Punitive damages are awarded in cases where the abuse is particularly egregious or malicious. These damages are intended to punish the wrongdoer and deter future abuse. They are not related to the actual harm suffered but serve as a form of penalty for the abusive behavior.

The Cost of Hiring a Chicago Nursing Home Abuse Attorney 

At Nursing Home Law Center, we work on a contingency fee basis, meaning you do not have to pay legal fees unless we win your case. This setup allows neglect victims and their families to pursue justice without worrying about the cost of legal representation. Our goal is to ensure that you receive the compensation you deserve without financial stress.

In Chicago, as in the rest of Illinois, the statute of limitations for filing a nursing home neglect or abuse lawsuit is generally two years from the date the abuse or neglect occurred or when it was discovered.

It is important to act quickly, as failing to file within this timeframe can result in losing your right to seek compensation. Contact a Chicago nursing home abuse lawyer as soon as possible to protect your legal rights.

Contact a Chicago Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced team of Chicago nursing home abuse lawyers has successfully represented countless victims and their families in nursing home abuse lawsuits. We are dedicated to holding negligent assisted living facilities accountable for their actions, ensuring that residents receive the care and respect they deserve.

We fight tirelessly to secure financial compensation for victims of nursing home abuse and neglect, and our comprehensive legal knowledge makes us well-equipped to handle your case from start to finish. If you or a loved one has suffered abuse or neglect in a Chicago nursing home, don’t wait to take action.

Contact us today for a free consultation to discuss your case and explore your legal options. Let our law firm help you seek the justice and compensation you deserve, ensuring that the responsible parties are held accountable for their actions.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare

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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was...

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After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit...

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