Were you or a loved one abused or neglected in a nursing home? Whether or not the conduct was intentional, you may be able to hold the facility liable for damages, including medical expenses and transfer costs.
Unfortunately, even when liability is clear, nursing homes won’t be quick to admit fault or hand over fair compensation. That’s why having an experienced Chicago nursing home abuse lawyer by your side is crucial to the success of your claim.
JusticeRx should be your first call. The founding partner of our law firm, Dr. Peter McCool, is a licensed attorney and board-certified emergency medicine physician. His knowledge of both legal and medical principles gives him unique and invaluable insight into identifying when a healthcare provider has acted negligently.
Contact us online or call (312) 705 2863 for a free consultation to discuss your nursing home abuse or neglect case. We’ll provide an honest assessment of whether you have a valid claim and explain the best path forward.
How Can JusticeRx Help With a Nursing Home Abuse Case?
Deciding to place a loved one in a nursing home is emotionally challenging. However, it is often the best course of action if they need continuous care and supervision. That’s why it’s devastating to suspect or discover that a facility has abused or neglected a resident.
You left your loved one under their supervision, expecting a certain standard of care and treatment. They failed to provide the anticipated medical services, and now you’re left wondering how to move forward.
Turn to JusticeRx, and let us put decades of medical and legal experience to work for you.
If you hire a Chicago nursing home neglect attorney from our law firm, we’ll:
- Thoroughly investigate the abuse or neglect and determine if the nursing home fell below their standard of care
- Collect evidence proving that the facility is financially accountable
- Calculate the full extent of losses sustained due to the negligence or abuse
- Negotiate with the nursing home and their insurance company on your behalf
- Take your case to court if we fail to reach a fair settlement
If you’re struggling with the aftermath of nursing home neglect or abuse in Chicago, Illinois, contact JusticeRx today for a free case review.
What Qualifies As Nursing Home Abuse in Illinois?
The Illinois Nursing Home Care Act establishes the rights of nursing home residents, the responsibilities of long-term care facilities, and enforcement provisions.
For example, under the Act, residents have a right to:
- Respectful and dignified care and treatment
- Basic human needs, such as food, water, personal hygiene, and medication
- Manage their finances unless otherwise specified
- Retain their own personal property and clothing
- Continue being treated by their own physician at their expense
- Refuse medical care and treatment
- Be free from physical restraint unless it’s ordered by a physician for a good reason or with informed consent
- Communicate and visit with family and others
- Free exercise of religion
Depriving a resident of any of these rights can constitute abuse. Nursing home abuse can be physical, psychological, sexual, or financial in nature.
What Is Nursing Home Neglect?
Neglect occurs when a nursing home fails to provide adequate care. It differs from abuse in that it isn’t typically intentional. It may result from an accident, error, or oversight.
For example, an understaffed facility may not have enough employees to properly supervise every single resident at all times. Alternatively, a medication error – such as giving a resident the wrong prescription – can have disastrous effects.
However, by some definitions, neglect can also arise from the willful withholding of a basic need, such as personal care.
What Are the Signs of Nursing Home Abuse and Neglect?
Under Illinois law, the Abused and Neglected Long-Term Care Facility Residents Reporting Act requires certain medical personnel and care providers to report suspected abuse or neglect to the Illinois Department of Public Health.
However, nursing home negligence and abuse aren’t always easy to identify. Your loved one may be unable to effectively communicate what they’ve experienced, or they may be frightened to tell you or their physician. They may be scared of retaliation by their abuser.
That’s why it’s crucial to look for signs and symptoms of abuse or neglect. You know your loved one better than most, so you may be able to identify when something feels off.
The exact signs of abuse will vary depending on the victim, type of abuse, and other factors.
Physical Abuse
Physical abuse can include hitting, punching, or otherwise assaulting a resident. It could also include forcefully restraining a patient.
Potential signs include:
- Unusual or unexplained injuries, including bruises or lacerations
- Markings around the ankles or wrists, indicating improper restraint
- Bed sores
- Broken bones
- Fear of being left alone with nursing home personnel
Damaged personal belongings, such as eyeglasses, could also indicate that your loved one has been physically abused.
Sexual Abuse
Sexual abuse is any unwanted or nonconsensual sexual contact, such as rape or assault.
Potential signs may include:
- STDs
- Genital injuries and infections
- Fear
- Pelvic injuries
Sexual abuse may be committed by a member of the nursing home staff or another resident.
Emotional Abuse
Emotional or psychological abuse can be just as damaging to a nursing home resident and can include:
- Humiliation or belittling
- Isolation from family members or nursing home activities
- Threats or intimidation
- Verbal abuse
To spot this type of abuse, look for things like:
- Changes in mood, such as sudden depression or withdrawal
- Regressive behaviors, such as sucking their thumb
- Self-hugging or rocking
- Fear or agitation
Emotional abuse is often the most difficult to detect. The victim may not have any visible signs, such as injuries. However, if you witness a sudden change in personality or something seems wrong, there may be cause for concern. In some cases, it may be that your loved one is developing other conditions, such as dementia.
Financial Abuse or Exploitation
Sadly, residents in long-term care centers are vulnerable to financial abuse, such as:
- Check forgery
- Theft of personal belongings and cash
- Opening bank accounts or credit cards in the resident’s name without their knowledge
- Changing their will
- Changing beneficiary designations
You should closely monitor your loved one’s financial situation. Look for unexplained withdrawals, changes in estate planning documents, and unusual financial transactions.
Nursing Home Neglect
Many nursing home residents require round-the-clock care and supervision. For example, they may need assistance walking to the restroom, showering, or grooming themselves.
When they fail to receive this care, you’ll likely notice some telltale signs, including:
- Poor hygiene, such as unkempt hair and lack of dental care
- Dirty or unsanitary linens and clothing
- Bed sores from failing to move bedridden patients
- Malnutrition or weight loss
- Dehydration
- Frequent complaints of wandering or elopement
- Untreated medical conditions
Negligence in a nursing home can be just as damaging as physical abuse. Contact a Chicago nursing home neglect lawyer if you suspect that your loved one is a victim.
Why Does Nursing Home Abuse and Neglect Occur?
Neglect or abuse in a long-term care facility can happen for many reasons, including:
- Understaffing
- Overworked employees
- Lack of proper training or supervision
- Negligent security
- Failure to conduct background checks
- Medical malpractice
- Unqualified employees
- Failure to properly monitor residents
Of course, sometimes, one bad actor intentionally abuses someone. However, the nursing home can be liable for their actions due to negligent hiring practices.
We’ll help you identify why the elder abuse or neglect occurred and who is financially accountable for it. We’ll gather evidence, such as medical records, witness statements, photos, and more, to prove your claim.
What Compensation Is Available To Victims of Nursing Home Abuse or Neglect?
Our Illinois neglect and abuse lawyers will help you hold the assisted living facility financially accountable for your losses. That includes monetary (economic) damages and subjective, personal (non-economic) losses.
Examples of economic and non-economic damages you may be entitled to pursue include:
- Medical bills
- Future medical costs for ongoing treatment
- The cost to relocate your loved one to a different nursing home
- Pain and suffering
- Emotional distress
- Reduced quality of life
- PTSD
- Physical therapy and rehabilitation
- Restitution in cases involving financial abuse
- Your lost wages if you had to miss work to care for your loved one
- Out-of-pocket expenses
- Funeral and burial expenses in the event of wrongful death
If you need help identifying and calculating your damages, contact JusticeRx for assistance.
How Long Do I Have To File a Nursing Home Abuse Lawsuit in Illinois?
Most Illinois nursing home abuse cases have a two-year statute of limitations. The clock starts to run when you knew or should’ve known about the abuse or neglect.
However, exceptions may provide less time to act. If you miss the applicable deadline, you’ll be barred from pursuing your claim. Therefore, it’s essential to speak with a nursing home abuse attorney in Chicago as soon as possible to preserve your legal right to compensation under Illinois law.
Contact a Nursing Home Abuse Attorney for a Free Initial Consultation
If you or a loved one are a victim of abuse or neglect in a Chicago nursing home, the team at JusticeRx wants to help you make things right.
Contact our law office today for a free case evaluation to speak with an experienced Chicago nursing home abuse attorney.