Nursing homes and nursing facilities should provide a safe, supportive environment for senior citizens, with qualified staff, nurses, and aids administering quality care.
Unfortunately, nursing home abuse and neglect can occur, leaving residents at risk and vulnerable.
Obtaining legal counsel is a way to right the wrongs of nursing home abuse.
If you, an elderly family member, or a loved one has experienced abuse or neglect, or suffered an injury due to nursing home abuse in Chicago, Cook County, or Lake County, contact an experienced nursing home abuse attorney from TorHoerman Law today for a free consultation to discuss your legal options.
Potential clients can also use our chatbot below to get an instant online case evaluation to find out if you qualify for a lawsuit right away.
TorHoerman Law’s dedicated team of personal injury and nursing home abuse lawyers offer a free consultation and an in-depth discussion of the legal process as it pertains to your potential case.
Our personal injury law firm is built on competence and attention to detail, and our past results speak to quality of our exceptional legal representation.
We understand the attorney client relationship and will work hard to win you or your family rightfully owed compensation.
Consider hiring TorHoerman Law for your nursing home facility abuse case in Chicago.
Any person who suffers an injury or loss as a result of a nursing home or nursing home employee’s actions can sue the facility or individual responsible.
If an individual is unable to represent themselves, the family of the victim can recover damages on their behalf.
It is important to note that each case is different and who will be held responsible for your exposure is completely dependent on the circumstances.
However, the liable party can be anyone from a single individual to a single facility to an entire nursing home corporation.
After consulting with a Chicago nursing home abuse lawyer, your legal team will be able to determine who is responsible!
In Illinois, the statute of limitations, or time frame you can sue, is two years from the date of injury – generally.
While there are exceptions to the time frame, it a general rule to follow.
If you or a loved one has been abused or injured, it is important to immediately contact a Chicago nursing home abuse lawyer!
Every year, thousands of seniors suffer from abuse in nursing homes and senior care facilities.
Nursing home neglect and abuse cases include both individual instances and repeated patterns of abusive behavior by nursing home staff.
As defined by the United States Department of Health and Human Services, nursing home abuse and neglect is:
The Centers for Disease Control and Prevention defines six categories of elder abuse:
If you believe that you may qualify to file a nursing home abuse or nursing home negligence lawsuit, contact the elder abuse attorneys at TorHoerman Law to discuss your legal options right away.
TorHoerman Law offers a free consultation to all potential clients and will provide guidance to any person seeking advice on nursing home abuse cases in general.
Before moving forward with a nursing home abuse and neglect lawsuit, familiarize yourself with the steps in a civil lawsuit.
From there, you must complete a few important steps with the help and guidance of your attorney:
With any case of abuse, it’s important for the nursing home resident to seek medical care and attempt to best recuperate from any injuries.
If elderly family members have suffered from injuries, help them seek medical treatment right away and follow the instructions of their own doctor or other medical personnel.
Failure to properly mitigate injuries, with medical issues left unchanged or a victim convinced to refuse medical treatment, can result in a dismissal of any legal action.
It is absolutely vital to seek medical care for any injuries related to abuse or neglect.
Gather evidence for your abuse or neglect case including any involved names, photos, videos, and receipts.
Evidence in nursing home abuse or neglect cases includes:
Your nursing home abuse attorney will examine the facts and evidence to determine who is liable for injuries and damages.
Your attorney will begin assessing damages that you, your family member, or loved one incurred as a result of the alleged abuse.
In many instances, nursing home residents who have suffered systematic abuse will choose to list both punitive damages and compensatory damages suffered from incidents.
Typical damages in a nursing home abuse lawsuit include:
Your nursing home abuse lawyer will work to settle your lawsuit out of court or take it to trial and win a verdict - in either case, the goal is to win compensation that covers the costs of damages.
Elder abuse is not always easy to detect.
Some signs are not obvious, and staff can convince nursing home residents to not speak out.
It's important to be watchful over nursing home patients, and understand that an abuse or neglect lawsuit can turn into a wrongful death lawsuit if precautions aren't taken.
Wrongful death is devastating and can result from abuse or neglect suffered at living facilities.
While each case is unique, there are common signs you can look for if you suspect nursing home abuse:
Unexplained injuries, bruises, burns, lacerations, and frequent use of healthcare providers are all signs of physical abuse.
Report all injuries to the police and take pictures of injuries to use as evidence.
Even the slightest abuse can lead to life threatening injuries for elderly residents.
Sexually transmitted disease; injuries to the anus or genitalia; unexplained injuries or bleeding are all signs of sexual abuse in a nursing home.
If a loved one is showing any signs of abuse, you should contact the police right away.
Anxiety, fearful behavior, and unexplained changes in mood or personality; fear of interacting with caregivers; withdrawal from family and friends; complaints of verbal abuse.
These can also be symptoms of conditions and mental decline that come with old age.
Be hesitant to label these as signs of mental abuse right away, but also be wary of staff disregarding these signs as "just old age", leading to nursing home neglect.
Poor hygiene; signs of malnourishment; unattended medical needs; skin ulcers or bed sores are all signs of nursing home neglect.
Be sure to address any of these signs with nursing home staff members.
Neglect cases are extremely serious, and if you suspect abuse and a nursing home fails to provide adequate care, contact authorities as soon as possible.
Neglect victims are often wary to speak out about the issues going on in a nursing facility.
Unpaid bills; missing property; sudden changes in living arrangements; unexplained financial changes or asset depletion are all signs that your loved one is being taken advantage of by the nursing home employees, nursing facility management, or another party.
Lack of proper medical attention and adequate care; unclean clothing or bedding; unclean living conditions are all signs of a nursing home abandonment.
Medication errors, or staff forgetting to give residents medication, can also be an example of nursing home neglect or abandonment.
Again, address these issues with a nursing home staff member right away and keep records of all conversations you have.
The National Council on Aging reports that nearly 5 million elderly people suffer from abuse or neglect in assisted living facilities across the country.
The city of Chicago recognizes senior abuse as a pervasive and growing public health issue.
Illinois nursing home residents are often targeted because of their inability to care for themselves.
Many victims in elder abuse cases suffer from dementia or Alzheimer's and are unaware of or unable to communicate that the abuse is happening.
Elderly victims of abuse, particularly in assisted living facilities, often face multiple types of abuse and mistreatment.
Seniors in Chicago nursing homes are often isolated and left vulnerable, and cases of nursing home abuse frequently go unreported.
Major risk factors for elder abuse include dementia, depression, isolation, histories of mental illness, substance abuse issues, and physical impairments.
The Chicago Tribune reported that the Englewood nursing home faced allegations of repeated abuse, neglect, and carelessness.
State inspections reported a decade of repeat violations and inadequate care.
The Federal Centers for Medicare & Medicaid Services put the facility on a list of the United State’s most chronically poor nursing facilities.
Two nursing assistants pleaded guilty to taunting a 91-year-old patient suffering from dementia.
A video shows the staff taunting and terrorizing the victim while laughing.
The nursing home faced a lawsuit for violating state privacy laws, the Health Insurance Portability and Accountability Act (HIPAA), and the Nursing Home Care Act.
According to records, Chicago police investigated 15 alleged assaults or batteries, five cases of criminal sexual assault, and five reports of narcotics possession within a 15 month period.
The nursing home also faced state violations for inadequately caring for mentally ill nursing home patients.
In July 2017, a $4.1M verdict was reached on behalf of an 85-year-old woman who had been injured in the nursing home, as a result of her medications being mismanaged.
The mismanagement of her medications led to her suffering a stroke as a result of her blood not being thin enough.
Four years after suffering her stroke, she eventually would succumb to the injuries and ailments caused by the nursing home staff's neglect.
All Chicago nursing homes must meet mandatory state standards.
These regulations are in place to determine that the facilities are providing safe, high-quality care for residents.
State survey teams inspect facilities to evaluate the nursing home and its staff, equipment, procedures, policies, and finances.
If you have any concerns about nursing home abuse in Chicago, you should contact the Illinois Department of Human Services to voice your concerns.
If your loved one is being abused, he or she likely is just one of several victims in the facility.
You should also contact a lawyer to determine what legal options are available to you.
These facilities should be held responsible for their actions and the actions of their employees.
Otherwise, the abuse will only continue.
Chicago nursing homes are regulated, inspected, licensed, and certified by multiple public and private agencies.
This includes the Illinois Department of Health (IDPHs) and the U.S. Department of Health and Human Services’ Centers for Medicare Services.
Many Chicago nursing homes are members of national accrediting organizations, such as the Joint Commission on Accreditation of Healthcare Organizations, that independently assess standards of care.
The Centers for Medicare and Medicaid Services require further state inspections of any nursing home facilities that receive government funding.
Chicago nursing homes that do not have clear inspections cannot be state-certified.
When looking for a Chicago nursing home for yourself or a loved one, ask to see up-to-date inspection reports and certification.
For more information about finding a Chicago Medicare-certified nursing home or a Chicago Medicaid-certified nursing home, visit the official Medicare website.
In Illinois, nursing homes receive inspections at least once every 15 months.
The state average for inspections is once every 12 months.
Nursing home inspections are conducted at random, and regulation schedules change every year to make it difficult for nursing home staff to anticipate them.
Facilities with frequent complaints and poor evaluation results are typically inspected more often.
To report a case of elder abuse in a Chicago nursing home, call the Chicago Department of Family & Support Services at (312) 744-4016 or the Office of Domestic Violence at (877) 863-6338.
To file a complaint about a Chicago nursing home, call the Illinois Department of Public Health hotline at (800) 252-4343.
Steps to take after you discover elder abuse occurring at a nursing home or similar nursing facility include:
Navigating legal issues after a traumatic incident such as nursing home abuse or nursing home negligence can be difficult.
Choosing an experienced personal injury attorney to represent you, a family member, or a loved one can be an extra, unneeded stress.
Hiring a personal injury lawyer is a major decision, so you should go into it fully informed.
Making an informed decision on legal representation is paramount.
When hiring a lawyer, you should be able to focus on you and your loved one’s well-being while the legal team works hard on your case.
A nursing home abuse lawyer will be able to act on your behalf, doing the following:
The Illinois statute of limitations bars the time that you have to take legal action after an injury has occurred, so do not hesitate to contact a Chicago nursing home abuse lawyer right away.
If you wait too long, you may not be able to file a lawsuit.
The SoL window depends on the specific nature of the nursing home abuse and injuries incurred.
Your nursing home abuse lawyers will fight for you and your rights.
At TorHoerman Law, that is our primary objective – fighting for you.
We're not like other attorneys:
TorHoerman Law has achieved more than $4 billion in verdicts and negotiated settlements for a variety of cases.
Our past results and proven track record afford us recognition as some of the best personal injury lawyers in Illinois.
We have some of the best attorneys in the state staffed on our team.
A number of our attorneys have been named Top Lawyers in Illinois and Top 100 Lawyers in the state of Illinois; prestigious awards given through nominations by their peers in the industry.
Our focus is based solely on providing competent legal services, building an attorney client relationship, and achieving full financial recovery for serious injuries suffered by you or your family members.
Consider contacting TorHoerman Law in your search for an Illinois Nursing Home Abuse or Neglect Attorney.
Our Downtown Chicago law office is comprised of staff and attorneys that pride themselves on serving the Chicago and Illinois communities, giving back to its residents through events, donation drives, and more.
Our law firm works on a contingency fee basis, meaning that you do not pay legal fees unless we secure financial compensation for your case.
Reach out to us for a free consultation today – Your friends. Your neighbors. Your Illinois Nursing Home Negligence Lawyer.
THL attorneys fight cases in dozens of complex practice areas, helping victims and their family members across the country.
From car accidents and premises liability, to medical malpractice, toxic torts, chemical exposure, and more, we have you covered.
We provide clients with formal legal advice and will fight for fair compensation while they make a full recovery.
Reach out to us for a free consultation if you or a loved one have been involved in any of the following:
If you do not see your potential case listed above, explore our practice areas pages or contact us for more information, free initial consultation, free case review, and further legal help.
We have law offices in Chicago, Edwardsville (IL), and St. Louis (Clayton).
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“Abuse of Residents of Long Term Care Facilities.” NATIONAL CENTER ON ELDER ABUSE, ncea.acl.gov/NCEA/media/docs/Abuse-of-Residents-of-Long-Term-Care-Facilities-(2012)_1.pdf.
CBS. “Glenview Nursing Home Assistants Plead Guilty After Taunting Patient.” CBS Chicago, CBS Chicago, 26 Aug. 2019, chicago.cbslocal.com/2019/08/26/glenview-nursing-home-assistants-plead-guilty/.
“Elder Abuse Information.” City of Chicago:: Elder Abuse Information, www.chicago.gov/city/en/depts/fss/supp_info/elder_abuse_information.html.
“Elder Abuse Prevention.” Centers for Disease Control and Prevention, Centers for Disease Control and Prevention, 5 June 2017, www.cdc.gov/Features/ElderAbuse/.
“Federal Investigation Underway at Somerset Place.” ACLU of Illinois, 12 Jan. 2010, www.aclu-il.org/en/news/federal-investigation-underway-somerset-place.
Goguen, David, and J.d. “Nursing Home Abuse and Neglect Law: Basics.” Www.nolo.com, Nolo, 9 Apr. 2014, www.nolo.com/legal-encyclopedia/nursing-home-abuse-neglect-basics.html.
“How to Choose a Nursing Home.” National Institute on Aging, U.S. Department of Health and Human Services, www.nia.nih.gov/health/how-choose-nursing-home.
“Medicare: Nursing Home Compare.” Medicare.gov – the Official U.S. Government Site for Medicare, www.medicare.gov/nursinghomecompare/search.html.
“Nursing Homes.” Illinois Department of Public Health, https://dph.illinois.gov/topics-services/health-care-regulation/nursing-homes.html.
Roe, Sam. “U.S. Rep. Bobby Rush Calls for Troubled Englewood Nursing Home to Be Shut Down.” Chicagotribune.com, Chicago Tribune, 23 May 2019, www.chicagotribune.com/news/breaking/ct-met-wentworth-nursing-home-bobby-rush-20180615-story.html.
“Who Regulates Nursing Homes?” Who Regulates Nursing Homes? | IDPH, www.dph.illinois.gov/topics-services/health-care-regulation/nursing-homes/regulation.
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