Nursing home abuse can be particularly tragic and distressing. You entrust your loved one to a facility that you expect to provide the best care only to later find out your loved one was subject to abuse and neglect. It’s unfortunate that these issues exist. But, hopefully, learning about them can either help prevent this kind of abuse from happening or help victims receive the compensation they deserve for the pain and suffering they endured.
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 staff admit to committing some form of elder abuse within the past year.
We know how difficult it is when a loved one is injured or abused at a nursing home or care facility. That’s why we fight tirelessly for justice and fair compensation on behalf of nursing home victims. If you or someone you love is a nursing home resident and sustained injuries in such a facility, our Chicago nursing home abuse lawyers can handle your case.
In this Article
What Qualifies as Nursing Home Abuse in Chicago?
Nursing home abuse describes instances where a caretaker intentionally or unintentionally harms a resident. Abuse is traumatic at any age, and nursing home mistreatment can lead to critical injuries, medical emergencies, and, in severe circumstances, death.
If you or a loved one suffered physical, mental, or emotional injuries due to a care facility or nursing home staff member, you might have a nursing home abuse case. Contact one of our proficient elder abuse lawyers in Chicago for a free consultation to determine if you may have a case and what steps to take next.
Even you just suspect nursing home abuse is occurring get in touch and we can help you determine if physical abuse may be happening to someone you love.
Understanding Your Rights: The Illinois Nursing Home Care Act
As part of the Illinois General Assembly’s Health Facilities and Regulation laws, the Nursing Home Care Act (210 ILCS 45/) protects Illinois nursing home residents living in long-term care facilities. It provides the framework for a standard of care all care facilities and nursing homes must adhere to, including for-profit and nonprofit organizations.
Long-Term Care Residents Rights
The act protects the rights of nursing home residents and lists reasonable responsibilities the long-term care facilities must adhere to. It also outlines violations and penalties enforced when a facility is guilty of breaching any regulations listed in the act. Under the Illinois Nursing Home Care Act, long-term care residents have the right to:
Manage their own finances
Decline medical treatment
Practice the religion of their choice
Receive visitors, phone calls, and letters
Keep personal items in their rooms
Access their medical documents
Be free from neglect, abuse, and unreasonable restraints
Types of Cases Our Nursing Home Abuse Lawyers Handle
There are many different types of nursing home abuse cases, and our experienced nursing home lawyers have handled them all. You can trust that our attorneys know exactly how to identity abuse and fight for the compensation you deserve. Examples of abuse claims our Chicago nursing home abuse attorneys can assist you with include:
Bedsores: Pressure ulcers that stem from being left in one position for extended periods of time. Bedsores can cause infections, chronic pain, and even death.
Choking: Staff must supervise meals and take action to prevent choking, especially for residents with dysphagia (which is common among the older population).
Falls: The premises must be kept clear, and staff members have a duty to supervise residents and call for help if an accident occurs.
Verbal abuse: Facility staff may not verbally harass or belittle residents. Verbal abuse leads to psychological trauma, even for residents with cognitive ailments (like dementia).
Unjustified restraints: Staff cannot overuse physical or chemical substances to keep residents restrained. Unreasonable restraint is a form of physical and emotional abuse.
Elder abuse is, unfortunately, not limited to the examples above. In some cases nursing home abuse could also include financial abuse, sexual abuse, mental abuse, medical malpractice, and even wrongful death.
Nursing Home Neglect Lawsuits
Assisted living facilities have an obligation to provide reasonable care to their elderly residents. Failing to do so is negligence and forms the grounds for a nursing home abuse lawsuit. Many causes contribute to nursing home neglect. It can be as simple as a nursing home facility not providing essential bathing, laundry, and cleaning needs.
Neglect can also stem from caregivers not providing social support to residents of nursing homes, leaving them feeling ignored, lonely, and depressed. Examples of negligence in long-term care facilities include:
Understaffed departments (which leads to nursing home staff members or caregiver burnout)
Employees not receiving proper training to perform their duties
Failure to follow Illinois health and safety regulations for an assisted living facility
Failure to provide basic care (which leads to malnutrition and dehydration)
Residents with unexplained injuries
What We Do for Nursing Facility Victims
Our legal experience and passion for justice have allowed our personal injury law firm to collect millions in settlements for our clients. We begin with a free case review, in which a nursing home neglect lawyer will evaluate your claim and assess your damages.
From there, we build your case, negotiate with insurance providers, and, if necessary, represent you during a trial. We fight for your rights, and we don’t stop until you receive every penny your injuries justify.
Recover Damages with a Chicago Nursing Home Abuse Attorney
Hiring a Chicago nursing home neglect lawyer is a critical step in holding the care facility accountable for its mistreatment of your family member. Filing a lawsuit can save your loved one and any other residents suffering in silence. Sometimes exposing potential abuses to the public can be even more powerful than winning a specific case.
Just like the family members of an elderly person, our elder care attorneys believe seniors deserve the highest level of care. If a residential nursing facility fails to live up to its obligation, we want to hold it liable and bring justice to the victims and their family members. We work with you to gather evidence, evaluate damages, and calculate a fair settlement that covers all of your losses.
Types of Damages You Can Sue for in an Elder Care Abuse Claim
We help abuse victims receive compensation for non-economic and economic damages, which could include:
Nursing home residency costs
Loss of enjoyment of life
Pain and suffering
Medical expenses, hospital bills, and future rehabilitation costs needed for the victim to recover from abuse injuries
Relocation (to help the resident find a new place to live)
Punitive damages (if the liable party inflicted the abuse intentionally)
In the unfortunate event that abuse or neglect results in a fatality, you can file a wrongful death claim on behalf of the deceased resident. We understand how overwhelming the passing of a loved one can be, so we take the paperwork that comes with a wrongful death lawsuit off your hands. Instead, you can focus on healing while our well-versed attorneys take care of your claim.
How We Prove Negligence in a Nursing Home Residents Abuse Lawsuit
Nursing home abuse leads to personal injuries in the form of physical and emotional trauma. When our elder care lawyers take on a nursing home abuse claim, we collect evidence to establish a link between the victim’s injuries and the staff or facility’s harmful or negligent actions.
To prove negligence and build a strong case, a nursing home abuse lawyer in Chicago will establish:
Duty of care: The care facility or staff member had an obligation to provide reasonable care to the resident.
Breach of duty of care: The company or staff member acted in a way that prevented them from providing the resident with reasonable care.
Causation: The breach of duty caused the victim’s injuries.
Damages: The victim suffered actual damages due to the abuse.
Example Evidence Sources for Neglect Cases
To strengthen your case and support your claim, our attorneys collect evidence from:
Health care professionals (to prove medical damages)
Witnesses (including other residents, visitors, or facility workers)
Past nursing home employees (for more detailed insights into working conditions)
Health inspectors (to show the nursing home neglected sanitation processes)
Our legal team will leave no stone unturned when investigating nursing homes that could potentially be causing harm to you or your loved one.
Warning Signs of Nursing Home Resident Abuse
An abuse victim may not be aware of the mistreatment or may not know how to receive help. That’s why you must recognize the warning signs of elder abuse and speak up when you see something that isn’t right. You may be the only person with the ability to see abuse possibly occurring and do something about it. The warning signs of nursing home abuse include the following:
Unexplained injuries (like bruises, burns, broken bones, and cuts)
Sudden weight loss
Frequent mood swings or irrational behaviors
Dramatic shifts in appetite
Extreme fatigue or a lack of interest in activities
Unsanitary clothes or bedding
Poor personal hygiene
If your loved one shows signs of neglect or abuse, pay close attention to their care. Start to question and document (with photos or in writing) anything that seems out of the ordinary. Be sure to record the dates so that you can piece together an accurate timeline of abuse. Ask your loved one (in private) if they feel comfortable and safe living in the facility.
Take Action If You Suspect Mistreatment
If you suspect abuse of your loved one in a nursing home, the first step is to discuss your concerns with their doctor. Your worries could be the result of a loved one’s disease or the natural aging process and not necessarily abuse or neglect.
For instance, dehydration and malnutrition can happen during the late stages of Alzheimer’s Disease, even without any signs of nursing home neglect. Having an honest discussion with your loved one’s doctor can help you determine if you’re dealing with abuse or a medical ailment.
If you’re unsatisfied with the answers you receive from the doctor or feel that there are signs of abuse or neglect, discuss your concerns directly with a nursing home abuse lawyer in Chicago. Our legal professionals can provide feedback and determine the best plan of action to keep your loved one safe and secure.
Speak with an Experienced Nursing Home Abuse Attorney in Chicago Now
The Kryder Law Group takes corrective action to ensure independent living and nursing home facilities are held accountable for abusive behaviors. We are an experienced Chicago personal injury law firm with a track record of positive settlement results for our clients.
Do not hesitate to contact us for a free consultation if you feel you, a loved, or an elderly family member has suffered abuse or some form of neglect. Let’s talk about your case, it’s free!