Intentional or negligent acts by caregivers that result in harm to patients are considered patient abuse or elder abuse.
If your family member or loved one experienced elder abuse in a nursing home facility, a nursing home abuse lawyer from our law firm, The Kryder Law Group, LLC Accident and Injury Lawyers, may be able to help you determine if your loved one is entitled to compensation for their suffering.
Patient abuse is especially upsetting due to the vulnerability of those who trust their caregivers. The person responsible for the elder abuse may face criminal charges. However, the outcome of their criminal case has no bearing on any civil litigation.
What is Elder Abuse?
Understanding the types of abuse that elderly patients may face in nursing home facilities requires thinking beyond physical abuse. While this is the most reported type of abuse, physical abuse is just one type of abuse affecting the elderly population and nursing home residents.
Common Types of Nursing Home Patient Abuse
The most common types of patient abuse or elder abuse include:
Physical abuse
Psychological abuse or emotional abuse
Sexual abuse or sexual assault
Financial exploitation
Neglect leading to poor hygiene
How Serious is Nursing Home Abuse?
The Centers for Disease Control and Prevention (CDC) states that patient abuse in nursing homes is a serious problem in the United States. According to the CDC, the statistics reporting abuse that are available are an underrepresentation of actual elder abuse that is occurring due to a lack of reporting.
According to the World Health Organization (WHO), approximately 1 in 6 seniors in community settings faced abuse last year. Abuse rates are particularly high in institutions like nursing homes, with 2 in 3 staff members admitting to abusive behavior within the past year.
There are many reasons why nursing home abuse can go unreported. Nursing homes may treat the patient in-house rather than risk a trip to the emergency department. Victims of domestic violence or elder abuse may not report the abuse for fear of retaliation by their abuser.
Nursing homes are known for high turnover in staff and insufficient funds for managing the facility. None of these risk factors makes abuse and neglect excusable.
When Elder Abuse Results in Death
In some cases, the abuse and neglect results in death. If your loved one died due to nursing home abuse or patient neglect, you may qualify for a wrongful death claim.
Entrusting a loved one to others’ care is hard. Discovering their death due to those trusted with their care is distressing.
Your relationship to the patient’s family or the deceased determines your eligibility for a wrongful death claim. An experienced personal injury attorney can advise you on whether you have a valid claim.
How to Report Abuse in Illinois’ Long-Term Care Facilities
In Illinois, suspected elder abuse in long-term facilities can be reported to various entities. For suspected abuse of vulnerable persons or family members, contact adult protective services or seek professional medical advice about their wellbeing.
Long-Term Care Ombudsman
Contact the Regional Ombudsman in the region or county of the long-term care facility. Ombudsmen aren’t emergency responders. For immediate danger, call 9-1-1 and report to local police. They’ll explain abuse reporting, residents’ rights, and their protocol.
Illinois Department on Aging – Senior HelpLine
Contact the Senior HelpLine. The HelpLine is open Monday through Friday, 8:30 a.m. to 5 p.m. CST (toll-free: 1-800-252-8966). Dial 711 for deaf and speech-impaired communication.
Illinois Department of Public Health
Contact the Illinois Department of Public Health and submit a complaint online. Their Central Complaint Registry is used to record and investigate complaints for nursing facilities, hospitals, mental health, and home health agencies.
Healthcare and Family Services Hotline
Contact the Healthcare and Family Services – Hotline information and Residents’ Rights for Residents of Supportive Living Facilities. This complaint hotline is available Monday through Friday 8:00 a.m. to 5:00 p.m. CST (toll-free: 1-800-226-0768).
Illinois State Police Medical Fraud Control Unit
Contact the Illinois State Police Medicaid Fraud Control Unit. The unit investigates long-term care facility complaints related to Medicaid, medical care services fraud, abuse and/or neglect when Medicaid money has been involved. To report Medicaid health care fraud, abuse or neglect, call 1-888-557-9503.
National Center on Elder Abuse (NCEA)
The NCEA provides information on how to get help across the United States if you suspect physical harm, verbal abuse, financial abuse, abuse of drugs, exploitation, or other types of abuse or neglect of an elderly person in an assisted living facility.
Let The Kryder Law Group, LLC Accident and Injury Lawyers Help You Today
Patient abuse is never acceptable. Call today for a free consultation if you suspect elder mistreatment has happened to you or a loved one.
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