Nursing homes have a duty to provide reasonable quality care to their residents, and failure to do so can lead to neglect claims. It is tragic and distressing when you entrust a family member to a facility, only to find they’ve suffered nursing home abuse and neglect.
If you or a loved one has suffered abuse or neglect in a nursing home, a skilled nursing home abuse lawyer at our personal injury law firm is here to provide the legal counsel and representation you need.
What Are the Warning Signs of Nursing Home Abuse?
Nursing home abuse is often underreported due to fear or the inability of many nursing home residents to communicate their experiences. Some common signs include:
- Untreated medical issues can cause harm to residents. For example, bedsores can indicate neglect in nursing homes, especially if residents are not regularly repositioned.
- Injuries like unexplained bruises or fractures may suggest abuse or neglect; frequent slips and falls in nursing homes can also be a sign of neglect.
- Changes in behavior, such as withdrawal or depression, can be a red flag.
- Poor hygiene or unsanitary living conditions are concerning.
- Sudden changes in finances or missing personal belongings—for example, requests to change legal documents by a nursing home resident—may indicate coercion or abuse.
- Fear or discomfort around certain staff members may be a warning sign.
How Does the Law Protect Nursing Home Residents?
The U.S. Nursing Home Reform Act (NHRA) was enacted in 1987 to protect the physical, mental, and psychosocial health of nursing home patients.
Nursing homes and assisted living facilities in Illinois are licensed, regulated, inspected, and certified by the Illinois Department of Public Health and the U.S. Department of Health and Human Services (IDPH).
The Illinois Nursing Home Care Act regulates all licensed facilities and provides clearly-defined legal rights for residents (210 ILCS 45/).
- Residents have the right to manage their own financial affairs according to the Illinois Nursing Home Care Act.
- Every resident has a legal right to choose and retain their own personal physician for medical care and to refuse medical treatment.
- Nursing home residents have the right to conduct authorized electronic monitoring of their rooms.
- Residents have the right to privacy in their personal care program and communication.
The Adult Protective Services Act (320 ILCS 20/) protects residents from physical, sexual, emotional, or verbal abuse; financial exploitation; or neglect in Illinois nursing homes.
If nursing home abuse or neglect results in death, families may pursue a wrongful death claim under the Illinois Wrongful Death Act (740 ILCS 180).
The Extent of Nursing Home Abuse
Elder abuse is alarmingly high in nursing homes, with the World Health Organization (WHO) reporting two out of three staff members admitting to some form of abuse in the past year.
Types of Nursing Home Misconduct and Abuse
Common forms of neglect in nursing homes include malnutrition, dehydration, and the development of bedsores due to a lack of proper care. In addition:
- Physical abuse is any intentional use of force that causes harm or injury to an elderly resident. It may include actions such as hitting, slapping, or using unreasonable force to restrain a resident.
- Emotional abuse, mental abuse, or psychological abuse involves inflicting mental pain or distress through verbal or nonverbal actions.
- Sexual abuse includes any unwanted sexual contact or activity. It can involve unwanted touching, exposure of intimate parts, or even rape.
- Financial abuse involves exploiting an elderly resident’s finances for personal gain, such as stealing money or forging documents.
- Neglect occurs when a caregiver fails to provide necessary care. Malnutrition and dehydration can result from inadequate care and staffing.
- Medical malpractice includes medication errors, untreated infections, or failure to monitor serious conditions.
Steps to Take If You Suspect Abuse or Neglect
If you suspect nursing home mistreatment, it’s important to take action immediately:
- Seek medical attention from your own doctor.
- Document any signs of abuse or neglect, including photographs if possible.
- Speak with your loved one privately about their experiences and document their statements.
- Contact the facility’s management and report your concerns.
- File a complaint with the Illinois Department of Public Health or Adult Protective Services.
- Seek legal counsel from skilled Chicago nursing home lawyers.
How Do I File a Complaint About Nursing Homes in Illinois?
When nursing home abuse occurs, report abuse:
- The Illinois Department of Public Health ensures nursing homes comply with the provisions of the state Nursing Home Care Act. It provides a Central Complaint Registry to record and investigate complaints regarding nursing facilities, hospitals, and home health agencies.
- Primary hotline: 1-800-252-4343
- Teletypewriter (TTY) for the hearing impaired: 1-800-547-0466
- The Regional Ombudsman is located in the region or county of the long-term care facility.
- The Illinois Department on Aging provides Adult Protective Services (APS) if you suspect abuse of adults (60 years or older) or people who are disabled (18–59 years old) living in domestic/community settings.
- Hotline: 1-866-800-1409
- TTY (for the hearing impaired): 1-888-206-1327
- The Illinois Department of Public Health’s (IDPH) Nursing Home Complaint is available if you suspect abuse or neglect of a resident by nursing home staff or issues with the facility’s care standards.
- Hotline: 1-800-252-4343
- TTY (for hearing impaired): 1-800-547-0466
How a Chicago Nursing Home Attorney Can Help
Our nursing home abuse and neglect lawyers commonly handle cases involving bed sores, malnutrition, falls, medication errors, and wrongful death. When necessary, a nursing home negligence attorney can assist with transferring residents to safer placements due to abuse or neglect.
If you suspect nursing home abuse, a nursing home abuse lawyer from our law firm can help you build a strong nursing home neglect case against the responsible parties:
- We have the resources to hire medical experts and conduct thorough investigations.
- We gather evidence, including surveillance footage, medical records, incident reports, and internal nursing home documents.
- We can help you seek compensation for damages and take the elder care facility to court if necessary.
What Damages Might an Abused Nursing Home Resident Recover?
If you or a loved elderly person has been a victim of abuse or neglect in a nursing home, you may be entitled to compensation. This can include payment for current and future medical treatment and mental illness conditions, pain and suffering, and emotional distress. If relocation to a new facility is necessary, those costs may also be recoverable.
How Long Do I Have to File a Nursing Home Abuse Lawsuit in Illinois?
It is crucial to act quickly when pursuing a nursing home abuse claim due to strict statutes of limitations (735 ILCS 5/). In Illinois you typically have two years to file a personal injury case.
Prevention Is Key
While it’s important to know your legal options, if you suspect abuse in a nursing home setting, prevention is key to ensure your loved ones avoid physical harm and continue to receive safe, attentive care. To select and manage a facility for your loved one:
- Research and carefully select a reputable nursing home facility.
- Regularly visit and check in with your loved one.
- Build rapport with the nursing home staff members and address any concerns promptly.
- Educate yourself on the signs of abuse and be aware of any changes in your loved one’s behavior or living conditions.
Speak with an Experienced Chicago Nursing Home Abuse Attorney
Nursing home abuse cases can be complex and require a thorough investigation to build a strong case. Our Chicago nursing home abuse lawyers protect elderly residents by investigating abuse or neglect, proving liability, and securing compensation for injuries caused by negligent facilities.
Our nursing home abuse lawyers offer free consultations to review your case and answer your questions. Our legal team operates on a contingency fee basis for nursing home negligence cases, requiring no upfront payment of legal fees.
(312) 223-1700