Illinois Nursing Home Abuse Lawyer

Experienced Illinois Nursing Home Abuse Attorneys Fighting for Justice

At Nursing Home Law Center, we are proud to serve Illinois families affected by nursing home abuse and neglect. Nursing home abuse is a serious issue that tragically impacts countless elderly residents across Illinois, leaving families heartbroken and seeking answers.

When you entrust a loved one to a nursing home, you expect they will be treated with dignity and receive proper care. Unfortunately, many Illinois nursing home and assisted living residents suffered abuse, neglect, financial exploitation, and even sexual abuse. These are violations that no one should endure. These acts of abuse not only cause physical injuries but also lead to severe emotional distress and break the trust families place in long-term care facilities.

Why Hire Nursing Home Law Center

Illinois law, including the Illinois Nursing Home Care Act (210 ILCS 45), provides robust protections for residents in nursing homes and assisted living facilities. If a nursing home fails to meet its legal obligations, victims and their families have the right to pursue justice and seek compensation for injuries, emotional trauma, and wrongful death.

Our team of dedicated Illinois nursing home abuse attorneys works tirelessly to hold negligent facilities accountable. We specialize in nursing home abuse cases, ensuring that families like yours receive the justice and financial compensation they deserve. With a free case consultation and no upfront fees, you can focus on healing while we handle the legal process.

How Much Does It Cost to Hire A Nursing Home Abuse Lawyer in Illinois?

Hiring a nursing home abuse lawyer in Illinois typically comes at no upfront cost. Most attorneys, including our experienced legal team, work on a contingency fee basis, meaning you only pay if they successfully recover your compensation. Schedule your free consultation today to learn more.

In Illinois, this fee is generally a percentage of the settlement or verdict, often around 33-40%, depending on the case’s complexity. 

Our skilled legal team has extensive experience handling nursing home abuse cases and has successfully secured significant settlements and verdicts for our clients.

Settlements We’ve Won for Illinois Nursing Home Residents

• $1,500,000 settlement for the family of a dementia patient in Illinois who ingested poison after gaining access to chemicals in an unsecured storage closet at a nursing home.
• $810,000 was awarded in Illinois for the sexual assault of a dementia patient by a maintenance worker at a long-term care facility.
• $2,150,000 wrongful death settlement in Illinois due to facility-acquired bed sores that progressed to sepsis.
• $1,250,000 claim in Illinois settled before litigation following a choking incident at a nursing home.
• $735,000 settlement in Illinois for a nursing home fall resulting in a broken leg for an elderly patient.
• $1,700,000 nursing home fall claim involving a subdural hematoma and hip fracture, settled in Illinois.
• $1,500,000 group home negligence lawsuit in Illinois involving physical abuse by other residents.
• $1,200,000 settlement for a disabled woman injured in a nursing home van accident in Illinois.
• $12,800,000 verdict in Illinois for a nursing home abuse case involving untreated bed sores leading to a patient’s death. 

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.

Illinois Cities We Serve

Our Illinois nursing home abuse lawyers handle cases throughout the state, including cities such as:

Types of Cases Handled by Our Illinois Nursing Home Abuse Lawyers

Nursing home abuse refers to any harm inflicted on residents of a nursing home, 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 home neglect victims 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 neglect & abuse victims. 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 injuries, neglect, or medical malpractice, these 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.

Understanding Your Legal Rights

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

One of the most important federal protections is the one that establishes strict standards for nursing homes that accept Medicaid or Medicare funding. This law guarantees residents the right to be free from abuse, neglect, and exploitation, to receive appropriate medical care, and to live in a safe and sanitary environment.

In Illinois, the Illinois Nursing Home Care Act (210 ILCS 45) provides additional robust protections for residents of nursing homes across the state. This act explicitly mandates:

• The right to be free from abuse, neglect, and chemical or physical restraints unless authorized by a physician.
• The right to adequate and appropriate medical care includes timely diagnosis, treatment, and proper facility staffing.
• They have the right to participate in decisions regarding their care plan and receive notice of facility changes that may impact their well-being.
• Provisions requiring facilities to investigate and report suspected abuse or neglect under the Illinois Abused and Neglected Long-Term Care Facility Residents Reporting Act (210 ILCS 30).
• Penalties for facilities that violate residents’ rights range from civil fines to license revocation.

When these protections are violated, residents or their families may pursue justice through nursing home abuse lawsuits under Illinois law. These lawsuits aim to hold negligent facilities accountable and recover damages for injuries such as medical expenses, emotional distress, and wrongful death. Illinois law also provides punitive damages in cases of willful and egregious misconduct to deter future violations.

These legal frameworks empower nursing home residents in Illinois to demand quality care and ensure facilities that fail to meet these standards face consequences.

Eligibility to File a Claim 

Certain parties can take legal action on their behalf if a nursing home resident cannot file a claim themselves. 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 claim. These claims help hold nursing & assisted living facilities accountable for their actions and seek justice for the victimized resident and their family.

Illinois Nursing Home Abuse Statute of Limitations

In Illinois, the statute of limitations for filing a nursing home abuse lawsuit is typically two years from the date of the injury or the discovery of the injury, as outlined in the Illinois Code of Civil Procedure (735 ILCS 5/13-202).

The Illinois Wrongful Death Act (740 ILCS 180/2) governs the timeline for cases involving wrongful death. Under this law, families have two years from the date of death to file a claim. This specific statute allows the deceased’s representative to seek compensation for losses such as financial support, funeral expenses, and the loss of companionship the surviving family members suffered.

To avoid missing critical deadlines, it’s vital to consult an experienced Illinois nursing home abuse attorney as soon as possible to evaluate your case and preserve your legal rights.

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 adequately 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

Some nursing homes outsource specific services to third-party contractors, such as medical care, physical therapy, or custodial work. 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, which could lead 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. 

We aim 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.

Illinois Nursing Homes Annual Inspections are Troubling

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%) failed health inspections, highlighting regulatory compliance and safety standards concerns.

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]

Avoiding The Worst Nursing Homes In Illinois

Some of the worst-rated Illinois nursing homes are in major metro areas like Chicago, whereas others can be found in rural settings. In no particular order, here are some of the worst facilities in Illinois based on their CMS rating.

• BRIA of Chicago Heights
• Alden Village North
• Bria of Forest Edge
• Aperion Care Wilmington
• Alden Park Strathmoor
• Alden Town Manor Rehabilitation And Health Care Center

You can view their ratings and details on the Medicare.gov website, a good resource to check when considering a potential facility. Unfortunately, a good rating doesn’t always equate to safety for elderly residents, so you need to know what to look for.

Common Signs of Elder Abuse Among Nursing Home Residents 

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 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. Elderly 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, mainly 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 neglect victims experiencing this can suffer serious health complications.
• Fear of Certain Staff Members: If a resident shows visible signs of anxiety 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 particular 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 economic 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 essential 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:

Illinois Resources for Reporting Nursing Home Abuse

Immediate Action: Call 911

If an elderly loved one is in immediate danger, calling 911 ensures that emergency services respond quickly to protect the individual and address any urgent threats to their safety.

Illinois Department on Aging – Adult Protective Services (APS)

The Illinois Department on Aging (IDoA) oversees Adult Protective Services (APS), which investigates reports of elder abuse, neglect, or exploitation in nursing homes and private residences. APS offers a 24-hour hotline at 1-866-800-1409 (or TTY: 1-888-206-1327). This hotline connects callers to trained professionals who can initiate an investigation or guide individuals to local resources.

Local APS Reporting Options

Illinois has APS offices across the state to make reporting elder abuse more accessible. Here are some regional contact details:

• Chicago Area: Contact the local APS provider via the IDoA hotline.
• Springfield: Call the Illinois Elder Abuse and Neglect Program at 217-524-6911.
• Rockford: Reach out to regional APS providers through the statewide hotline.
• Peoria: Local APS investigations are coordinated through IDoA.

Office of the State Long-Term Care Ombudsman

The Illinois Long-Term Care Ombudsman Program is a resource for addressing complaints about safety, care, and quality of life in nursing homes. Ombudsmen advocate for residents and their families, working to resolve issues confidentially. The Ombudsman Program hotline can be reached at 1-800-252-8966, and facilities are lawfully required to display the Ombudsman contact information prominently.

Illinois Department of Public Health (IDPH)

The Illinois Department of Public Health is responsible for licensing and regulating nursing homes in Illinois. If you suspect abuse, neglect, or other regulatory violations in a facility, you can file a complaint directly with IDPH:

• Hotline: 1-800-252-4343 (available 24/7).
• Online Complaints: Use the IDPH Health Care Facility Complaint Form to report abuse, neglect, or unsafe conditions.

Medicaid Fraud Control Unit

The Medicaid Fraud Control Unit (MFCU) investigates allegations of Medicaid fraud and elder abuse in facilities receiving Medicaid funding. To report suspected fraud or abuse, contact the MFCU at 1-888-557-9503.

Legal Protections for Reporters

Under the Illinois Abused and Neglected Long-Term Care Facility Residents Reporting Act (210 ILCS 30), anyone reporting suspected elder abuse in good faith is protected from civil or criminal liability, even if the allegations are ultimately unsubstantiated.

Failure to report suspected abuse when required by law can result in penalties, including fines of up to $5,000 and imprisonment of up to one year. These legal provisions ensure that individuals come forward without fear of retaliation, prioritizing the safety and well-being of vulnerable residents.

Damages You Can Recover Through a Nursing Home Abuse Claim

When pursuing a nursing home abuse claim in Illinois, victims and their families may be entitled to various forms of compensation, depending on the specifics of the case. These damages are designed to address financial losses, provide restitution for emotional and physical suffering, and sometimes penalize the negligent or abusive parties.

Below are the key types of damages that can be recovered in nursing home abuse cases, along with brief descriptions of each:

Economic Damages

These damages cover the tangible financial losses incurred as a result of personal injury and emotional or physical abuse.

Examples include:

• Medical Expenses: Costs for treatments, hospital stays, medications, rehabilitation, and any ongoing care required due to injuries.
• Relocation Costs: Expenses associated with moving the victim to a safer facility or alternative living arrangement.
• Funeral and Burial Costs: In wrongful death cases, families can recover costs related to funeral arrangements.

Non-Economic Damages

These damages address the intangible impacts of abuse and neglect, which can be more challenging to quantify:

• Pain and Suffering: Compensation for physical pain, emotional distress, and loss of quality of life caused by the abuse.
• Mental Anguish: Damages for psychological trauma, such as anxiety, depression, or post-traumatic stress disorder (PTSD), resulting from the experience.
• Loss of Companionship: Families may recover damages for the emotional toll of losing the companionship or presence of a loved one in wrongful death cases.

Punitive Damages

Punitive damages are awarded in cases where the abuse or neglect was especially egregious, intentional, or reckless. These damages are intended to punish the wrongdoer and deter similar behavior in the future.

Future Damages

In cases where the victim requires ongoing medical care or therapy due to the abuse, future damages may be awarded to cover anticipated costs over time.

Special Damages

Special damages may apply in unique circumstances, such as reimbursement for financial exploitation or fraud perpetrated against the victim by the nursing home or its staff.

Speak With An Experienced Law Firm Today

Given the complexity of nursing home abuse claims and the variety of damages available, it is crucial to work with an experienced nursing home abuse lawyer. 

We can evaluate your case, guide you through the legal process, and fight to ensure you recover the compensation your family deserves. Schedule your free consultation with one of our nursing home abuse lawyers today to protect your loved one’s rights and hold negligent parties accountable.