Chicago Assisted Living Injury Lawyer

Legal Representation for Injuries in Chicago Assisted Living Facilities

Assisted living facilities are responsible for providing a safe and healthy environment for their residents. Unfortunately, many injuries in these facilities are a result of negligence, understaffing, or improper care. When a facility fails to meet its legal care standards, injured residents and their families have the right to pursue compensation. 

Successful Assisted Living Injury Abuse Settlements

Here are some successful cases where assisted living facilities were held accountable for their negligence and mistreatment. These care facility case values demonstrate the legal recourse available for victims:

• $12,800,000 Nursing Home Abuse Verdict – Awarded for a resident’s death caused by untreated bedsores due to nursing home neglect.
• $2,333,000 Settlement for Sexual Abuse – Reached for two women sexually assaulted by a CNA in an assisted living facility.
• $2,150,000 Wrongful Death Settlement – Involving a resident’s death caused by untreated bedsores leading to sepsis.

If your loved one has suffered from negligence in a nursing home, it’s important to act quickly. Contact us for a free case evaluation to discuss your legal options. 

How Assisted Living Facility Negligence Leads to Injuries

Negligence in assisted living facilities often occurs when there is a lack of trained staff, leading to inadequate care and supervision. Failure to monitor residents, particularly those with mobility issues, can result in falls. 

Neglecting medical needs such as infections, malnutrition, and general health conditions can exacerbate existing problems. Poor facility maintenance, including wet floors, unsafe furniture, or unmaintained equipment, increases the risk of injury. Moreover, failing to address complaints of mistreatment allows it to continue unchecked.

Common Injuries Among Assisted Living Residents

Elderly residents in assisted living facilities are highly vulnerable to injuries due to their age, health conditions, and reduced mobility. When neglect or abuse occurs, it can lead to a range of injuries that can have severe and lasting consequences. Here are some injuries to keep an eye out for:

Falls and Fractures

According to the CDC, more than 1 in 4 older adults fall each year, and falls are the leading cause of injury-related death among adults over 65. Due to reduced mobility, frailty, and medication side effects, many elderly people are at higher risk of falling. 

These falls can lead to serious injuries such as fractures, hip injuries, or even traumatic brain injuries (TBIs). A TBI can cause permanent cognitive impairment, making it essential for nursing facilities to provide proper supervision and safety measures.

Spinal Cord Injuries

Spinal cord injuries in assisted living residents are often the result of falls or improper handling by staff members. These injuries can cause permanent paralysis or disability, significantly impacting the quality of life for residents. Inadequate care, such as failure to properly assist with mobility, puts residents at higher risk of suffering these debilitating injuries.

Bedsores (Pressure Ulcers)

Bedsores, or pressure ulcers, occur when residents who are immobile or bedridden are not regularly repositioned. These painful sores can lead to serious infections and long-term health complications if left untreated. Bedsores are a clear indicator of medical neglect and can significantly affect a resident’s well-being.

Medication Errors

Medication errors are common in assisted living facilities in Chicago and can have devastating consequences. These errors include overmedication or incorrect dosages, which can lead to severe side effects or even overdose.

Medication errors can worsen existing medical concerns, lead to emotional distress, and, in some cases, result in fatalities. Facilities must have properly trained staff to manage medication and ensure the safety of residents.

Malnutrition and Dehydration

Malnutrition and dehydration often occur in neglected residents, especially when staff members fail to provide adequate care or monitor residents’ eating and drinking habits.

These conditions can exacerbate existing medical issues and lead to further health complications, including infection and sepsis. Giving patients proper nutrition and hydration is a basic responsibility of assisted living facilities.

Abuse by Staff or Other Residents

Physical, sexual, and emotional abuse are grave concerns in assisted living facilities. Residents may experience physical abuse from staff members or even from other residents. 

Emotional abuse and verbal abuse can cause severe psychological harm, leading to anxiety, depression, and social withdrawal. Sexual assault is a particularly traumatic form of mistreatment that violates the dignity and rights of vulnerable residents.

Infections and Sepsis

Poor hygiene and unsanitary conditions can result in infections, which may progress to sepsis. Residents who are not regularly bathed or whose living environments are not kept clean are at higher risk of developing infections. 

If left untreated, these infections can spread rapidly, leading to life-threatening conditions like sepsis. Assisted living facilities must maintain proper infection control practices to protect the health of residents.

Legal Rights of Family Members When a Loved One is Injured

When a loved one suffers abuse or neglect in an assisted living facility, families may notice several warning signs. Sudden weight loss, dehydration, or malnutrition can indicate neglect, while bruises, broken bones, or unexplained injuries suggest physical abuse. 

Medicaid 

Medicaid services offer vital protection for elderly individuals in assisted living and nursing home facilities. Federal regulations under Medicaid state that elderly residents are entitled to proper care, and any violation of care standards could potentially be a case of negligence in nursing homes. 

If the facility fails to meet these standards, residents or their families can seek legal action to protect their rights and secure compensation for the harm caused.

Illinois Nursing Home Care Act

The Illinois Nursing Home Care Act (210 ILCS 45) sets clear regulations to protect the rights of residents in nursing homes and assisted living facilities across Illinois. This state law mandates that facilities provide adequate care and prohibits mistreatment. 

Families can seek justice by filing lawsuits for Chicago nursing home negligence under this Act, which also ensures that victims are protected from physical harm, including broken bones, and receive appropriate medical attention.

Federal Nursing Home Reform Act

The Federal Nursing Home Reform Act, part of the Omnibus Budget Reconciliation Act (OBRA) of 1987, established national standards for nursing homes. 

It mandates that facilities provide services that meet residents’ physical, emotional, and social needs, and it outlines the right to be free from abuse and neglect. If a Chicago nursing home fails to comply with these standards, relatives have the right to pursue compensation if their loved one has suffered injuries.

Illinois Adult Protective Services Act

The Illinois Adult Protective Services Act (320 ILCS 20) provides legal protection for vulnerable adults, including those living in an assisted living and nursing facility. This law allows relatives to report mistreatment to Adult Protective Services (APS), which will investigate any claims and take legal action as necessary. 

If your loved one is a victim of abuse, neglect, or other forms of mistreatment, APS can intervene to protect them from further harm.

The Elder Justice Act

The Elder Justice Act is a federal law that combats elder abuse, neglect, and exploitation. It provides funding for programs to investigate abuse and neglect cases in nursing homes and other care facilities. 

Under this law, victims are provided with legal protections, and loved ones can pursue legal action for the harm caused, including any instances of physical abuse or emotional distress.

Illinois Wrongful Death Act

If a loved one dies due to endangerment in an assisted living facility, the Illinois Wrongful Death Act (740 ILCS 180/1) allows the family to pursue a wrongful death lawsuit. This law holds facilities accountable for their negligence, and families can receive compensation for the emotional and financial loss caused by the death of their loved one. 

If a nursing home’s failure to meet care standards leads to their death, the family can hold the facility legally responsible.

What to Do If You Suspect Negligence

Documenting injuries and behavioral changes is the first step in addressing potential negligence. Requesting medical records and facility incident reports can provide vital evidence for your case. Consulting with an experienced attorney can help ensure that your loved one’s rights are protected and the facility is held accountable for any wrongdoing.

Who to Contact

If you suspect nursing facility negligence, there are several organizations you contact in the Chicago area:

• Illinois Department of Public Health (IDPH) Nursing Home Hotline – The IDPH records and investigates complaints regarding nursing homes. Phone: 1-800-252-4343 (voice) | 1-800-547-0466 (TTY)
• Chicago Department of Family & Support Services – Offers various services and interventions to support victims of elder abuse in the community. Phone: 312-744-4016
• Illinois Department on Aging Elder Abuse Hotline – Handles reports of abuse or neglect for individuals aged 60 and over, available 24/7 for immediate assistance. Phone: 1-866-800-1409 (voice) | 1-888-206-1327 (TTY)

Our team also offers free consultations. Support is here for you; don’t wait. 

When a Nursing Facility Can Be Held Liable for Negligence

Nursing homes and assisted living centers are legally required to provide a safe and healthy environment for their residents. If a facility fails to meet these standards, it can be held liable for any resulting injuries or harm. Some common reasons a facility may be held responsible for negligence include:

• Failure to Provide Adequate Supervision and Medical Care: Nursing homes must monitor residents closely, especially those with mobility issues or chronic illnesses. Neglecting to do so can result in falls, malnutrition, untreated medical conditions, or worsening health.
• Hiring Unqualified or Untrained Staff: Staff members should be properly trained and qualified to handle the needs of elderly residents. If a facility hires unqualified personnel or provides inadequate training, it can lead to negligence or even abuse.
• Ignoring Safety Hazards: Nursing homes have a duty to maintain a safe environment for residents. If they fail to address safety hazards such as wet floors, broken furniture, or improperly maintained equipment, residents are at a higher risk of injury.
• Failure to Act on Reports: If a nursing home is made aware of harmful actions and fails to investigate or take corrective action, it can be held liable for any further harm. This includes physical, emotional, and sexual abuse and medical neglect.

In cases of nursing home abuse or neglect, holding the facility accountable is key to protecting your loved one and preventing further harm. If you believe your family member has suffered due to an assisted living facility’s failure to meet legal care standards, seeking legal counsel is the best way to pursue compensation and justice.

How Our Legal Team Can Help You Seek Justice

Our team is committed to investigating the cause of injuries, gathering evidence, identifying facility violations, and holding responsible parties accountable. Whether negotiating settlements or pursuing lawsuits, we will fight for maximum compensation and advocate for the protection of your loved one’s rights.

Why You Need an Experienced Law Firm to Handle Your Case

Assisted living injury cases require specialized legal knowledge to prove negligence. Our attorneys work with medical experts and investigators to build a strong case. We handle insurance companies and settlement negotiations on your behalf, and if necessary, we will take your case to trial to secure the compensation your loved one deserves.

Contact a Chicago Assisted Living Lawyer for a Free Consultation

If your loved one has suffered an injury or abuse in an assisted living facility, it’s important to act immediately. Talk to our Chicago nursing home abuse lawyers for a free consultation to discuss your case and legal options. 

Call (800) 926-7565 or fill out our online form.