Nursing nursing home negligence or abuse is tragic and distressing when you entrust your loved one to a facility for quality care, only to find they’ve suffered 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 law firm, The Kryder Law Group, LLC Accident and Injury Lawyers is here to provide the legal counsel and representation you need. Contact our team of personal injury lawyers today to get started.
What are Warning Signs of Nursing Home Abuse?
Some common signs include:
- Unexplained injuries or bruises
- Changes in behavior, such as withdrawal or depression
- Poor hygiene or unsanitary living conditions
- Sudden changes in finances or missing personal belongings
- Fear or discomfort around certain staff members
What Is Illinois Law Regarding Nursing Home Abuse Cases?
The Nursing Home Care Act (210 ILCS 45/) mandates that all nursing home residents be treated with dignity and respect, receiving proper medical care, to ensure their safety and well-being.
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.
The Extent of Nursing Home Abuse
Research from the World Health Organization (WHO) shows that elder abuse is critically high in long-term living facilities and nursing homes.
In fact, WHO reports that two out of three nursing home staff members admit to committing some form of elder abuse within the past year.
Types of Nursing Home Abuse
Nursing home abuse can take many forms:
- Physical Abuse: This includes any intentional use of force that causes harm or injury to an elderly resident.
- Emotional Abuse: This type of abuse involves inflicting mental pain or distress through verbal or nonverbal actions.
- Sexual Abuse: Any unwanted sexual contact or activity falls under this category of abuse.
- Financial Abuse: This involves exploiting an elderly resident’s finances for personal gain, such as stealing money or forging documents.
- Neglect: Neglect occurs when a caregiver fails to provide necessary care, resulting in harm to the resident.
Take Action If You Suspect Mistreatment
If you suspect a nursing facility of nursing home neglect or abuse, it’s important to take action immediately:
- 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 nursing home abuse lawyers.
How Do I File a Complaint about Nursing Homes in Illinois?
“The Illinois Department of Public Health operates a Central Complaint Registry to record and investigate complaints regarding nursing facilities, hospitals and home health agencies.” (Nursing Home Hotline): 1-800-252-4343, 1-800-547-0466 (TTY).
The Regional Ombudsman located in the region or county of the long-term care facility.
Adult Protective Services Illinois Department of Public Health’s Nursing Home Complaint Hotline: 1-800-252-4343.
How a Nursing Home Abuse Lawyer Can Help
If you suspect nursing home abuse, a nursing home abuse lawyer from our law firm can provide valuable assistance. We can investigate the situation, gather evidence including medical records, and help you build a strong case against the responsible parties.
Additionally, we can help you seek compensation for damages, such as medical expenses, pain and suffering, and emotional distress.
How We Prove Negligence in a Nursing Home Residents Abuse Lawsuit
To prove negligence in a nursing home abuse lawsuit, your lawyer will need to establish four key elements:
- Duty of care: Your loved one was under the care and responsibility of the nursing home.
- Breach of duty: The nursing home failed to provide adequate care, resulting in harm or injury.
- Causation: There is a direct link between the breach of duty and the harm or injury suffered by your loved one.
- Damages: Your loved one suffered damages as a result of the nursing home’s actions or lack thereof.
What Damages Might an Abused Nursing Home Resident Recover?
If you or your family members or a loved one has been a victim of nursing home abuse, you may be entitled to various forms of compensation. Some possible damages include:
- Medical expenses related to the abuse, including physical injuries and mental health treatment
- Pain and suffering
- Emotional distress
- Relocation costs if your loved one needs to move to a new facility
- Punitive damages if the abuse was particularly egregious
What Is My Case Worth?
When assessing the value of a nursing home abuse case, nursing home abuse attorneys consider factors including:
- Severity of the abuse
- Type of abuse
- Duration of the abuse
- Medical expenses
- Pain and suffering
- Emotional distress
- Impact on quality of life
- Loss of companionship
- Punitive damages
- Relocation costs
How Long Do I Have to File a Nursing Home Abuse Lawsuit in Illinois?
In Illinois, the statute of limitations for filing a nursing home abuse lawsuit is typically two years from the date of injury. However, this time limit can vary depending on the specific circumstances of personal injury in your 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 in ensuring the safety and well-being of your loved ones.
To select and manage a facility for your loved one it is recommended to:
- Research and carefully select a reputable nursing home facility.
- Regularly visit and check in with your loved one.
- Build a rapport with the staff 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 Now
Nursing home abuse is a serious issue, and our team of compassionate and experienced lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers is dedicated to helping victims of nursing home negligence cases and their families seek justice.
When people believe their loved ones have been abused or neglected in a nursing home patients’ homes or assisted living facilities, we are here to help.
Contact us today for a free consultation. Whether you are looking for answers, seeking compensation, or pursuing legal action, our skilled attorneys can guide you through the process with empathy and understanding.
(312) 223-1700