Chicago Nursing Home Abuse Lawyer
Illinois Nursing Home Residents
Your family entrusted your loved one to a nursing home. You expected the nursing home staff to provide the care he or she needs. Unfortunately, the care you expect is not always what is given. In some cases, nursing home employees act purposely or negligently, causing serious injury or even wrongful death to nursing home residents. If your loved one suffered harm in an Illinois nursing home, Chicago nursing home abuse lawyer Kurt D. Lloyd can help your family take legal action.
At Lloyd Law Group, our legal team prepares every case as if it is going to trial. Our law firm has recovered verdicts and settlements totaling over $350 million on behalf of injury victims.
Call our Chicago nursing home abuse lawyers at Lloyd Law Group today. (312) 519-2777
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Nursing Home Abuse and Neglect Is a National Crisis
Maltreatment of elderly adults is prevalent in Chicago, IL, and in nursing homes throughout the United States. The National Council on Aging reports that roughly 1 in 10 elderly people have suffered some type of abuse. Unfortunately, the number of nursing home abuse and neglect cases is only expected to increase as the demand for long-term care continues to grow. There were approximately 1.4 million people living in nursing homes in the United States at the beginning of 2023. By 2050, the number of U.S. adults over the age of 60 who will need long-term care services is estimated to be between 27 and 30 million.
Elder abuse in nursing homes and assisted living facilities can take many forms. Victims may suffer physical abuse, mental abuse, sexual assault or exploitation, financial abuse, and neglect. Some of the most common types of maltreatment a nursing home abuse attorney in Illinois might handle include:
Physical Abuse
Physical abuse involves the use of physical force to cause harm to a nursing home resident. Examples of physical abuse include hitting or striking nursing home residents with or without objects, kicking, shoving, pinching, shaking, or burning. The use of physical restraints, imposition of physical punishments of any kind, forced feeding, or inappropriate administration of drugs also constitutes physical abuse.
Mental Abuse
Mental abuse occurs when nursing home staff cause residents emotional distress, pain, or anguish. In Illinois nursing homes, mental abuse often involves verbal abuse, insults, humiliation, or threats, as well as isolation. Sometimes mental abuse causes serious emotional distress or mental health issues, such as anxiety or depression.
Sexual Abuse
Sexual abuse occurs when employees of nursing home facilities have non-consensual sexual contact with elderly residents. Sexual abuse cases may include unwelcome touching, taking explicit photographs, or coercing nudity, in addition to sexual assault and rape.
Medical Malpractice
Sometimes, nursing home negligence involves medical malpractice. If a resident suffers harm or wrongful death because of medication errors or another type of substandard medical care, your nursing home abuse case could also include a medical negligence claim.
Nursing Home Neglect
Sometimes, severe illnesses and life-threatening injuries happen when caregivers in Chicago nursing homes fail to provide for the needs of a nursing home resident. While staffing shortages and other situations can cause unintentional negligence in nursing homes, neglect is not acceptable.
Some of the most common examples of neglect in nursing homes include:
- Not helping residents with mobility issues to regularly move positions
- Failing to administer the appropriate medications or to give them at the correct times
- Not reporting or addressing signs of illness or infection to resident’s own doctor or facility medical staff
- Isolating residents from other residents or family
- Failing to assist nursing home patients with bathing and other personal hygiene tasks if they cannot perform for themselves
The consequences of neglect in Illinois nursing homes extends beyond poor hygiene. Neglect can also have repercussions on residents’ physical and mental health. In extreme cases, neglect of elderly residents results in serious injuries, worsening illnesses, or wrongful death.
What Should You Do if You Suspect Nursing Home Abuse or Neglect?
One of the most disheartening things a family can experience is to discover an elderly loved one is suffering nursing home abuse or neglect. Every year, an estimated five million older adults suffer abuse. Knowing what to do and taking appropriate action if you suspect abuse can play a vital role in helping you and other family members to protect your loved one and other residents from further harm.
The steps you should take to address suspected nursing home abuse include:
- Evaluate the situation yourself to give a solid foundation for your concerns to the proper authorities
- File a complaint with the Senior HelpLine or local Illinois long-term care ombudsman
- File a compliant with the Illinois Department of Public Health
- Contact a Chicago nursing home abuse lawyer and pursue a personal injury claim
If your loved one requires medical treatment for his or her injuries or faces an imminent threat, you should call 911 and follow law enforcement’s instructions.
The direction or outcome of the authorities’ investigation in such cases may determine the steps you should take, or the order in which you should take them, to help protect your elderly family member.
Reporting Suspected Abuse
When you make a formal complaint with the IDPH, it will initiate the agency’s investigation process. While typically less detailed than the regular licensure surveys that take place every six to 15 months, inspectors in complaint cases will focus on the areas relating to the allegation.
In investigating claims of nursing home abuse and neglect, IDPH inspectors may take actions, such as:
- Inspecting all the areas of the nursing home, including community spaces and the patient’s room
- Conducting interviews with Illinois nursing home residents, staff members, families, and others who may speak to the abuse or injuries
- Analyzing statistical data
- Reviewing reportable events
If the department finds fault with the care provided to your loved one during the investigation, it may take actions such as specifying corrective measures to take, imposing fines, or suspending or revoking the facility’s licensure.
The department’s actions will not seek to see your family member compensated for his or her losses, however. To recover damages, your family may consider filing a lawsuit with help from a nursing home abuse attorney in your area.
Filing a Nursing Home Abuse Lawsuit
If your loved one suffers abuse or neglect in a Chicago nursing facility, the victim may recover damages through a civil lawsuit. Victims of nursing home abuse can file such claims against the facility, or a nursing home staff member or members.
Lawsuits for elder abuse may include claims of intentional personal injury or neglect. Your nursing home abuse case may also allege violations of the state or federal nursing home laws. To prove nursing home abuse, your lawyer will present various types of evidence. This may include statements from other nursing home staff members or residents, photos of injuries, medical records, or testimony from healthcare professionals.
If your loved one’s personal injury claim includes allegations of medical malpractice, your nursing home abuse lawyer will help obtain an affidavit of merit. This legal document must include a sworn statement from a qualifying healthcare professional that the facts of the claim have medical merit.
Contact our Chicago nursing home abuse lawyers at (312) 519-2777 for a free consultation. Our law firm will help stop the abuse, and ensure that your loved one recovers compensation for his or her losses.
What Damages Can You Sue for in a Nursing Home Lawsuit?
When neglect and abuse occurs in nursing and assisted living facilities, it can take a physical, emotional, and financial toll on victims. A nursing home abuse lawyer at Lloyd Law Group can help you file a lawsuit to recover compensation for the losses incurred. The damages recoverable through a nursing home negligence lawsuit include:
Non-Economic Damages
Non-economic damages in elder abuse and nursing home negligence lawsuits provide compensation for intangible losses suffered because of maltreatment. For instance, your loved one may be entitled to monetary damages for his or her pain and discomfort, emotional distress, trauma or mental anguish, decreased quality of life, or permanent impairments or disabilities.
Economic Damages
The economic damages recoverable in nursing home abuse cases provide compensation for the financial losses suffered due to the mistreatment. For example, this includes the cost of medical treatment, medications, and other out-of-pocket expenses. You may also ask the defendant to pay legal fees, if your claim is successful.
Punitive Damages
When nursing home staff act willingly and wantonly, nursing home abuse victims may receive punitive damages. Punitive damages serve as a punishment to the defendant and a deterrent to prevent others from committing the same or similar offenses. If your Illinois injury case involves medical negligence, punitive damages will be prohibited, however.
Testimonials
“I had a case that no other attorney would touch. Kurt Lloyd not only took my case but won me a very generous settlement. He displayed the utmost professionalism and while I felt he was very much in control, he never made me feel like my voice didn’t matter. Highly recommend!“
~ Roseann S.
Spot the Warning Signs of Nursing Home Abuse or Neglect
Out of embarrassment, fear, lack of ability, or any other number of reasons, your family member may not tell you that he or she is the victim of Illinois nursing home abuse or neglect. This is not uncommon, however. Studies estimate that 24 cases of elder abuse go unreported for every one incident reported to the authorities.
Knowing the signs to watch out for can help you identify abuse or nursing home neglect right away, aiding to keep your loved one safe from further or worsened harm.
Signs of Physical Abuse
Physical abuse often leaves physical injuries or marks, making it one of the easier types of nursing home abuse to spot for family members. Some of the signs to look for include unexplained injuries, such as:
- Bruises or black eyes
- Cuts, abrasions, or welts
- Broken bones
- Sprains or dislocations
Other things, such as broken eyeglasses without an appropriate explanation, or laboratory findings showing over-medicating or under-medicating may also signal your loved one has or is suffering physical abuse.
Signs of Emotional Abuse
The signs your loved one is experiencing emotional abuse can be more challenging to spot, as they are often not visible. Symptoms of emotional abuse may include things such as unusual upset or agitation, withdrawal from communication or previously enjoyed activities, or unusual behaviors. Further, the onset of new or unusual mental health issues, such as anxiety or depression, may also be signs of emotional abuse in nursing home residents.
Signs of Sexual Abuse
Due to their personal nature, signs of sexual abuse can sometimes be challenging to spot. Bruising or unexplained bleeding around or from the genital or anal area may be a sign that sexual assault has occurred. New and unexplained genital infections or a sexually transmitted disease may also signal that a loved one has suffered this type of elder abuse.
Signs of Nursing Home Neglect
You may notice signs of nursing home neglect in the appearance or behavior of your family member, or in his or her surroundings. Some common signs of neglect in a nursing facility include:
- Unusual malnutrition or dehydration
- Bed sores
- Unexplained injuries
- New or untreated medical conditions
- Missing or mismanaged medication
- Poor personal hygiene
Additionally, things such as no heat or running water that indicate unsafe living arrangements, can also signal nursing home neglect. You should also inspect your loved one’s living conditions to make sure they are clean and sanitary.
Contact Our Chicago Catastrophic Injury Attorneys
With so much on the line after suffering a catastrophic injury, it’s vital that you and your family have an experienced catastrophic injury lawyer on your side. You need someone who knows how to uncover the details that can help prove your case. You need an injury lawyer who will investigate to identify all liable parties. Most of all, you need a catastrophic injury lawyer who will make sure your rights are protected.
At Lloyd Law Group, we don’t pretend to be the best catastrophic injury attorneys in Chicago, we prove it. Our injury lawyers bring experience, knowledge, and skill to the table, and we win more than 90% of the cases we handle. As true trial lawyers, we aren’t afraid of taking on the most complicated personal injury cases, and fighting for your rights in court to make sure you receive maximum compensation for your losses.
Frequently Asked Questions About Nursing Home Neglect and Abuse Cases
How long do I have to file a nursing home abuse or neglect lawsuit in Chicago?
Like other personal injury cases, you generally have up to two years from the date that the abuse occurred. Failing to file within this timeframe may cost your loved one his or her ability to recover compensation.
To help ensure you do not miss the filing deadline, you should contact a Chicago nursing home abuse law firm to get started investigating, preserving the evidence, and holding the nursing home accountable.
Is there a limit on Illinois nursing home abuse lawsuit damages?
Illinois does not limit the damages recoverable through nursing home abuse cases. Therefore, an injured nursing home patient may receive compensation for the total amount of his or her economic and non-economic losses. The state does, however, limit punitive damage awards to no more than three times the awarded damages.
How long does a nursing home lawsuit take?
The time it will take to reach a settlement or verdict in your family’s nursing home abuse lawsuit depends on several factors. Whether the nursing home staff or facility defends against the claim, as well as the court schedule, will affect the timeline. Some nursing home neglect cases may require extensive discovery, including taking depositions from multiple witnesses and working with medical experts to provide supporting testimony.