$3,100,000 Pressure sore death
$2,333,000 Fall involving traumatic brain injury
$1,500,000 Bedsore settlement
$1,499,000 Dementia patient injury
$1,250,000 Repeated fall injuries

Illinois Nursing Home Abuse Lawyer

Attorney Jonathan Rosenfeld
Licensed in Illinois

Nursing home abuse is an alarming issue that affects countless elderly residents across Illinois. Families place their loved ones in nursing homes with the expectation that they will receive proper care and be treated with dignity. 

Unfortunately, many nursing home residents fall victim to physical abuse, neglect, financial exploitation, and even sexual abuse. These cases of elder abuse not only harm the victims physically and emotionally but also erode the trust that families place in these facilities.

For those affected, seeking justice through the help of an experienced Illinois nursing home neglect lawyer is essential. Nursing home attorneys play a critical role in ensuring that victims and their families receive compensation for physical injuries, emotional distress, and wrongful death claims that may arise from negligent care.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to obtaining justice and fair compensation for those harmed by nursing home neglect or abuse. Our skilled legal team has extensive experience handling nursing home abuse cases and has successfully secured significant settlements and verdicts for our clients.

We carry out in-depth investigations to ensure that every aspect of the abuse, from medical costs to emotional suffering and other damages, is thoroughly addressed. Our expertise in handling nursing home abuse claims allows us to manage the legal process efficiently as we defend your rights relentlessly.

We offer compassionate and transparent guidance throughout your case, ensuring you and your loved ones feel supported, informed, and secure at every stage.

Types of Cases Handled by Our Illinois Nursing Home Abuse Lawyers

Nursing home abuse refers to any harm inflicted on nursing home residents, whether through intentional acts or neglect. This abuse can take many forms, all of which can severely impact the health and well-being of elderly residents. Our Illinois nursing home abuse lawyers handle a wide range of cases, including the following:

Physical Abuse

Physical abuse in nursing homes involves any form of harm inflicted on a resident’s body, including hitting, shoving, or inappropriate use of restraints. In many cases, this abuse can result in bruises, broken bones, or other severe injuries. 

For instance, some nursing facility residents may be tied to beds or chairs, which is a clear violation of their rights and can lead to physical injuries.

Mental and Emotional Abuse

Emotional and mental abuse involves actions or words meant to cause fear, distress, or confusion in nursing home residents. This psychological abuse can include yelling, threats, humiliation, or isolating the resident from others. These harmful behaviors may lead to depression, anxiety, and a decline in the resident’s overall mental health.

Sexual Abuse

Sexual abuse in an assisted living facility is a disturbing violation that occurs when a resident is subjected to non-consensual sexual contact. Staff members or even other residents may perpetrate this abuse, which can cause severe trauma, both physically and emotionally.

Medical Malpractice

Medical malpractice occurs when a nursing home fails to provide proper medical care, leading to serious health consequences. 

These can include the development of bedsores due to improper bedridden patient turning, medication errors, failure to treat infections, and inadequate monitoring of health conditions. Such negligence can have life-threatening consequences for residents.

Negligence

Nursing home neglect involves a failure to provide necessary care and supervision. Common examples include poor hygiene, malnutrition, dehydration, and elopement, where a resident wanders away from the facility. These conditions can seriously harm the health of elderly residents, putting them at significant risk of injury or illness.

Financial Abuse

Financial abuse in a rehabilitation center occurs when a resident’s financial resources are exploited. This exploitation can include unauthorized use of their bank accounts or credit cards or changes to wills and other legal documents. Elderly residents may be coerced into handing over money or valuables, often without the knowledge of their family members.

Wrongful Death

In some tragic cases, nursing home negligence can lead to the wrongful death of a resident. Whether due to physical abuse, neglect, or medical malpractice, wrongful death cases are heartbreaking for families. Our legal team helps families seek justice and compensation when the loss of a loved one results from inadequate care at a nursing facility.

Nursing home residents are protected under federal and state laws designed to ensure they receive adequate care and are treated with respect and dignity.

One of the most important federal protections is the Nursing Home Reform Act of 1987, which sets strict standards for nursing homes receiving Medicaid or Medicare funding. Under this law, nursing home residents have the right to be free from abuse and neglect, to receive proper medical care, and to live in a safe environment.

Illinois law also provides additional protections through the Illinois Nursing Home Care Act, which ensures that residents in Illinois nursing homes are treated with dignity, provided adequate medical care, and protected from abuse or exploitation.

These laws ensure that nursing home patients can demand appropriate care and that facilities failing to meet these standards can be held accountable.

In cases where abuse, neglect, or exploitation occurs, nursing home abuse lawsuits can be filed to seek compensation for damages such as medical expenses, emotional distress, and wrongful death.

Eligibility to File a Claim 

If a nursing home resident cannot file a claim themselves, certain parties are allowed to take legal action on their behalf. A surviving member, legal guardian, 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 nursing facilities accountable for their actions and seek justice for the victimized resident and their family.

Liability in Nursing Home Neglect and Abuse Cases 

In nursing home neglect and abuse cases, liability can fall on several parties depending on the circumstances of the abuse. Various individuals and organizations responsible for the care and well-being of nursing home residents may be held accountable for the harm caused. Identifying the liable parties is crucial for pursuing compensation and ensuring that justice is served for victims of abuse.

Nursing Home Facility

The nursing home itself is often the primary party held liable for abuse or neglect. As the entity responsible for its residents’ overall care and safety, the facility can be held accountable if it fails to maintain proper staffing levels, ensure staff is adequately trained, or implement appropriate safety and care protocols. 

Poor management, lack of supervision, or failure to maintain safe conditions can lead to abuse or neglect.

Nursing Home Staff

Individual staff members, including nurses, aides, and caregivers, can be directly liable for physical assault, neglect, mental abuse, or sexual violation of nursing home residents. Employees who fail to provide proper care or intentionally harm a resident can be sued for their actions. 

This act can include anything from improper use of restraints to neglecting basic hygiene or medical needs.

Management and Administration

In many cases, nursing home administrators and management teams can also be held accountable. Management may be found negligent if they fail to perform thorough background checks, hire qualified staff, or properly supervise employees. 

Additionally, if abuse is reported but not adequately investigated or addressed, the facility’s leadership could face legal consequences.

Contractors or Third-Party Service Providers

In some nursing homes, certain services, such as medical care, physical therapy, or custodial work, are outsourced to third-party contractors. If these providers fail to meet their duties or cause harm to residents, they may also be liable for nursing home abuse or neglect. 

For example, a contracted medical provider could be held responsible for administering incorrect medication, leading to severe health consequences.

Owners and Corporate Entities

The ownership or corporate entity that oversees the nursing home may be liable if policies, staffing levels, or budgetary decisions contribute to inadequate care. Corporate negligence cases can arise when profit motives lead to staff cuts, improper training, or a lack of essential resources that ultimately endanger residents’ well-being.

How Our Illinois Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our dedicated team of Illinois nursing home abuse attorneys has extensive experience fighting for the rights of abused and neglected residents. We understand the complexities of these cases and are committed to securing justice and compensation for victims and their families. 

Whether the abuse involves physical injuries, neglect, or financial exploitation, we have the legal expertise to build a strong case and hold negligent nursing homes accountable. Here’s how we can help:

Free Case Evaluation

We offer a free case evaluation to review the facts of your situation and determine the best course of action. During this consultation, our experienced nursing home abuse attorneys will listen to your concerns, review evidence, and provide you with an honest assessment of your legal options. 

This step allows you to understand the potential for a nursing home abuse lawsuit without any upfront costs or commitments.

Case Investigation

Our legal team conducts a thorough case investigation to gather all relevant information and evidence. This step may include interviewing witnesses, reviewing medical records, examining facility inspection reports, and analyzing internal nursing home policies. 

Our goal is to uncover any signs of abuse or neglect and build a comprehensive case demonstrating the nursing home’s liability.

Filing the Claim

Once we’ve gathered the necessary evidence, our attorneys will file a claim on your behalf. This process includes drafting legal documents, submitting the claim to the appropriate court, and meeting all deadlines. Our attorneys are experienced in handling the complexities of nursing home abuse lawsuits and will guide you through every step of the legal process.

Settlement Negotiation

Many nursing home abuse cases can be resolved through settlement negotiations without going to trial. Our attorneys are skilled negotiators who will work tirelessly to reach a fair settlement that compensates you for medical bills, emotional distress, and other damages. 

We will keep you informed throughout the negotiation process, ensuring that any settlement offer reflects the full extent of the harm caused.

Trial Representation

We are fully prepared to take your case to trial if a fair settlement cannot be reached. Our legal team has extensive courtroom experience and will present a compelling case before a judge and jury. We will fight aggressively to protect your rights and seek maximum compensation for your injuries or losses, ensuring that the nursing facility is held accountable for its actions.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 679 Medicare-approved nursing homes in Illinois. Of these, 384 facilities (56.5%) have received a below- or much-below-average overall score.

Specifically, 325 nursing homes (47.8%) fall short in health inspections, highlighting concerns about regulatory compliance and safety standards.

Regarding staff levels, 487 facilities (71.1%) received low scores, highlighting widespread inadequacies in staffing that can affect the quality of care and attention residents receive.

In terms of quality measures, 248 nursing homes (36.5%) rated poorly, indicating that most nursing homes in the state are not meeting high standards of care.

Additionally, 196 facilities (approximately 28.9%) were cited for abuse, raising serious concerns about resident safety in nearly one-third of the state’s facilities. [1]

The worst-rated Illinois nursing homes include: 

Accolade Hc of East PeoriaAccolade Healthcare of Savoy
Aledo Rehab & Health Care CenterAliya of Oak Lawn
Aliya on 87thAllure of Zion
Aperion Care Forest ParkAperion Care Glenwood
Aperion Care InternationalAperion Care Lakeshore
Aperion Care MarseillesAperion Care Morton Villa
Arc at NormalArcadia Care Auburn
Arcadia Care BloomingtonArcadia Care Jacksonville
Archer Heights HealthcareAustin Oasis
Au Well Care Home, IncBelhaven Nursing & Rehab Center
Belleville Healthcare CenterBenton Rehab & Hcc
Bloomington Rehabilitation & HccBria of Alton
Bria of BellevilleBria of Cahokia
Bria of Elmwood ParkBria of Forest Edge
Bria of WestmontBurbank Rehabilitation Center
California TerraceCasey Healthcare Center
Center Home Hispanic ElderlyChicago Ridge Snf
Claridge Healthcare CenterCollinsville Rehab & Health CC
Community Care Nursing CenterContinental Nursing & Rehab Center
Cornerstone Rehab & HcCountryview Care Center-Macomb
Decatur Rehab & Health Care CTDowners Grove Rehab & Nursing
Eastview TerraceElevate Care Chicago North
Elevate Care Country Club HillElevate Care Niles
Elevate Care North BranchElevate Care South Holland
Elevate Care Windsor ParkEvercare at University
Fair Havens Senior LivingFarmer City Rehab & Healthcare
Flanagan Rehabilitation & HccFondulac Rehabilitation & Hcc
Forest City Rehab & Nrsg CtrGoldwater Care Bloomington
Goldwater Care DanvilleGoldwater Care Gibson City
Goldwater Care Spring ValleyGrove of Elmhurst
Havana Health Care CenterHelia Southbelt Healthcare
Hillsboro Rehab & HccHilltop Skilled Nsg & Rehab
Hope Creek Nursing & RehabIllini Heritage Rehab & Hc
Imboden Creek Senior LivingJerseyville Nsg & Rehab Center
Kenwood Vlge Nrsg and Rhb CtrKewanee Care Home
LA Bella at CliftonLA Bella of Danville
LA Bella of EdwardsvilleLakeview Rehab & Nursing Center
Loft Rehabilitation & NursingLoft Rehab & Nursing of Normal
Loft Rehab of DecaturLoft Rehab of Peoria, The
Loft Rehab of Rock SpringsManor Court of Clinton
Mattoon Rehab & HccMayfield Care and Rehab
Morgan Park HealthcareMoweaqua Rehab & Hcc
Norridge GardensOak Lawn Respiratory & Rehab
Odin Health and Rehab CenterPalm Terrace of Mattoon
Paris Health and Rehab CenterParker Nursing & Rehab Center
Parkshore Estates Nursing & RehabPark View Rehab Center
Pearl PavilionPiatt County Nursing Home
Piper City Rehab & Living CtrPittsfield Manor
Pleasant Meadows Senior LivingRenwick Nursing and Rehab
River View Rehab CenterRochelle Gardens Care Center
Rosiclare Rehab & HccRoyal Oaks Care Center
Ryze on the AvenueRyze West
Sandwich Rehab & HccSharon Health Care Elms
Sharon Health Care PinesShawnee Senior Living
South Elgin Rehab & HccSouthpoint Nursing & Rehab Center
South Shore RehabilitationSt Anthony’s Nsg & Rehab Ctr
Sunset HomeSwansea Rehab Health Care
Taylorville Care CenterThrive of Lake County
Timbercreek Rehab & Healthcare CenterTower Hill Healthcare Center
Tuscola Health Care CenterWashington Senior Living
Watseka Rehab & Hlth Care CtrWealshire Ctr of Excellence
Westside Rehab & Care CenterZahav of Des Plaines

Elder abuse and neglect in nursing homes can take many forms, and it’s often difficult for family members to detect, especially when residents are unable or afraid to speak out. However, several common signs may indicate abuse or neglect.

  • Unexplained Injuries: Bruises, cuts, fractures, or other physical injuries that cannot be easily explained may be signs of physical abuse. Repeated injuries or frequent trips to the hospital can also indicate ongoing abuse or neglect.
  • Sudden Changes in Behavior: Mental or emotional abuse often leads to drastic changes in a resident’s behavior or mood. If your loved one becomes unusually withdrawn, anxious, or depressed, it may be a sign that they are experiencing verbal or psychological abuse.
  • Poor Hygiene: Neglect in a nursing home can manifest in poor hygiene. Nursing home residents who appear unkempt and dirty or are left in soiled clothing or bedding may be experiencing neglect. This mistreatment could include a lack of assistance with basic hygiene needs, such as bathing, brushing teeth, or grooming.
  • Bedsores and Infections: Bedsores, also known as pressure ulcers, are a common sign of neglect in nursing homes, particularly when residents are bedridden or have limited mobility. Bedsores develop when a resident is not turned or repositioned frequently enough. Infections and untreated wounds are other signs that nursing home staff may not be providing adequate care.
  • Weight Loss or Dehydration: Sudden or unexplained weight loss, malnutrition, or dehydration can be signs of neglect, especially if a resident is not being provided with adequate food, water, or assistance with eating. Nursing home residents who are neglected in this way can suffer serious health complications.
  • Fear of Certain Staff Members: If a resident shows visible signs of fear or discomfort around specific staff members, it may be a sign of physical or psychological abuse. Residents may flinch, avoid eye contact, or refuse to interact with certain caregivers, indicating that they may be suffering mistreatment at their hands.
  • Financial Irregularities: Financial abuse often involves the exploitation of a resident’s finances, such as unauthorized withdrawals from their bank account, sudden changes to wills, or missing personal belongings. Unexplained changes in a resident’s financial situation or legal documents may be a sign of financial exploitation by caregivers or others in the facility.
  • Lack of Medical Care: Neglect can also result in a failure to provide necessary medical care, leading to deteriorating health conditions. This inadequate care could include missed medications, untreated infections, or delayed treatment for illnesses. Frequent hospital visits or untreated medical conditions should raise concerns about the level of care being provided.

Family members should regularly check for these signs when visiting loved ones in nursing homes. If you suspect nursing home abuse or neglect, it’s important to consult with an Illinois nursing home neglect lawyer to help protect your loved one and hold the responsible parties accountable.

What to Do If You Suspect Nursing Home Abuse

If you suspect that a loved one is being abused or neglected in a nursing home, it’s crucial to take immediate action to protect their safety. Here are the steps you should follow:

Call 911 if Immediate Danger Exists

If you believe your loved one is in immediate danger or has suffered serious harm, call 911. This action will ensure the victims receive prompt medical attention and allow law enforcement to intervene if necessary.

Report the Abuse to the Nursing Home Administrator or Management

Notify the nursing home’s administrator or management team about your concerns. Nursing homes are required to investigate any allegations of abuse or neglect and take corrective actions. Document the date, time, and details of your complaint to keep a record of your efforts.

File a Complaint with Your Local Ombudsman’s Office

The Ombudsman program exists to advocate for nursing home residents and investigate complaints about their care. Filing a complaint with your local Ombudsman’s office ensures an independent investigation into the suspected abuse. The Ombudsman acts as a third-party mediator and works to resolve issues between the resident, their family, and the nursing home.

Contact a Nursing Home Abuse Lawyer

Consulting with an experienced Illinois nursing home neglect lawyer is a critical step to ensure your loved one’s rights are protected. A lawyer can help you understand the legal options available, file a nursing home abuse claim, and seek compensation for the harm caused. 

A nursing home abuse attorney will also help you gather evidence, investigate the facility, and ensure those responsible are held accountable.

Damages You Can Recover Through a Nursing Home Abuse Claim

When pursuing a nursing home abuse claim, victims and their families may be entitled to various types of compensation, depending on the circumstances of the case. These damages can cover care costs, compensate for the pain and suffering endured, and punish the wrongdoers. 

The following are examples of the damages that can be recovered in nursing home abuse cases:

Illinois Nursing Home Abuse Frequently Asked Questions

What Are the Responsibilities of Nursing Homes in Illinois to Prevent Abuse and Neglect?

In Illinois, nursing homes are required by both the Illinois Department of Public Health and federal regulations to protect residents from abuse and neglect. These responsibilities include implementing comprehensive care plans, maintaining adequate staffing levels, and ensuring staff are adequately trained and vetted. Nursing abuse attorneys often cite these regulations when advocating for victims.

These facilities must also provide a safe environment that meets the resident's physical, emotional, and social needs. Regular assessments by the Illinois Department and mandatory reporting of any incidents of abuse are critical components of these responsibilities. Moreover, nursing homes must have policies in place for preventing, identifying, and responding to allegations of abuse.

Can a Nursing Home Be Held Liable for Wrongful Death Due to Abuse or Neglect in Illinois?

Yes, a nursing facility, rehabilitation center, or assisted living facility in Illinois can be held liable for wrongful death if it can be proven that their negligence or intentional actions led to a resident's death. Illinois nursing home abuse cases often involve claims where the lack of proper care or abusive behavior has resulted in fatal consequences.

Families seeking justice for a loved one can consult with nursing abuse attorneys for a free case evaluation and consultation to explore their legal options. In these civil cases, compensation may cover funeral costs, loss of companionship, and the emotional distress suffered by family members.

Illinois nursing home regulations are stringent, and when a facility fails to protect its residents, it can face significant legal repercussions, including substantial financial penalties and operational restrictions imposed by state agencies.

What Should I Do if I Believe a Family Member Has Suffered Abuse in an Illinois Nursing Home?

If you suspect that a loved one has suffered neglect or abuse in an Illinois nursing home or rehabilitation center, it is essential to take immediate action, such as:

  • Document any physical signs of abuse.
  • Gather testimonies from the victim and other residents.
  • Report your concerns to state agencies that oversee senior care facilities, including the following:

Seeking the guidance of an experienced nursing home abuse attorney can also be a crucial step. Our law firm offers a free consultation and can assist in navigating the complexities of Illinois nursing abuse law, ensuring that your family member's rights are protected.

If necessary, involve law enforcement, particularly if there is evidence of criminal activity, such as physical or sexual abuse. The safety and well-being of your loved one and other residents in the living facility are paramount.

How Do Rehabilitation Centers Differ From Illinois Nursing Homes When it Comes to Abuse Cases?

Illinois's rehabilitation centers and nursing homes offer care to individuals with medical needs but differ in their services and patient demographics. Rehabilitation centers focus on recovery and therapy for patients regaining independence after an illness or injury, while Illinois nursing homes provide long-term care for individuals who need ongoing assistance.

Regarding abuse cases, the legal considerations and regulations can be similar, but the context and types of abuse may differ. Illinois nursing home abuse laws apply to both settings, but the temporary nature of stays in rehabilitation centers may affect the detection and reporting of abuse.

Nursing home abuse attorneys are skilled in handling cases in both environments and can offer a free case review to discuss the specifics of potential abuse, whether it occurred in a Chicago nursing home, assisted living facility, or rehabilitation center.

Are There Any Special Laws in Cook County That Protect Nursing Home Residents From Abuse?

All counties follow state and federal regulations designed to protect nursing home residents from abuse. However, local ordinances and the Department of Health may also have additional guidelines and resources for addressing Illinois nursing home abuse.

Residents and family members should be aware of these protections and the resources available in the county. Consulting with nursing home abuse attorneys who are familiar with local laws can provide valuable guidance and support for those who have experienced abuse.

These attorneys can explain how Cook County regulations may influence a nursing home abuse case and what additional steps might be taken to safeguard nursing home residents.

How Do You Choose an Illinois Nursing Home Abuse Attorney for an Elder Abuse Case?

Selecting the right nursing home abuse attorney is crucial. Look for lawyers with the following:

  • Expertise in nursing home abuse cases
  • A track record of successful outcomes
  • A compassionate approach to handling sensitive cases

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