Illinois Nursing Home Abuse Lawyer

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.

Understanding Your Legal Rights

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: 

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: