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Jonathan Rosenfeld

December 19, 2023

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Aurora, Illinois, is a great place to live, especially for the 9.9% of the population that is 65 years or older in the area. Unfortunately, it can become a nightmare when elderly nursing home residents experience abuse or neglect, which can lead to injuries, illnesses, infections, or even death.

If you have been the victim of nursing home abuse or neglect, or a loved one has, then you have the right to file a claim to hold the responsible parties accountable. The team at Rosenfeld Injury Lawyers, LLC has handled many nursing home abuse cases, and we are ready to stand in your corner to recover compensation for damages suffered.

When to Hire a Nursing Home Abuse Lawyer in Aurora, IL

Being on the lookout for the warning signs of abuse or neglect is important when you or an elderly family member are in a nursing home. When you recognize any of them, you must hire a nursing home abuse lawyer quickly to handle the case.

The Most Common Signs of Abuse in Nursing Homes and Assisted Living Facilities

There are many types of nursing home negligence and abuse that can occur among senior citizens, from sexual abuse to verbal abuse to financial exploitation. Some signs of nursing home neglect and/or abusive behavior include:

  • Bed sores/pressure ulcers
  • Bruises and cuts
  • Torn clothing, especially undergarments
  • Hesitancy to speak around specific individuals
  • Loss of enjoyment of hobbies
  • Physical restraint bruises/scars
  • Unusual behavior
  • Estate planning document changes
  • Missing cash or unexplained credit card expenses
  • Unusual transactions
  • Soiled sheets or clothes
  • Overflowing trash can
common types of nursing home abuse in Aurora

How Long Do You Have to File an Aurora Nursing Home Abuse Case?

The statute of limitations is important to understand in a case like this. It varies from state to state, but if you fail to file a claim before the allotted time passes, then you will be unable to win fair compensation. The state of Illinois has the following limitations:

  • For personal injury, in general, you have two years from the date of the injury.
  • For medical malpractice, it can be two years from the injury or from when you reasonably should have known about the issue.
  • For wrongful deaths, you have two years from the date of death.

What Types of Cases Do Nursing Home Abuse Attorneys Handle?

Our Illinois nursing home abuse lawyers have handled many types of cases on behalf of a nursing home resident or their family. These include:

  • Physical abuse – Physical assault, pinching, kicking, shaking, improper use of physical or chemical restraints
  • Emotional abuse – Verbal abuse, threatening language, denial of care, emotional distress/manipulation
  • Sexual abuse – Unwanted touching, sexual assault, transmission of sexually transmitted diseases
  • Neglect – Undiagnosed medical issues, medication errors, malnutrition, development of bed sores, dirty personal items or premises, poorly trained staff, dropped patients
  • Wrongful death – Death from illness, infection, or injury due to a negligent act or abuse
  • Financial abuse – Stolen cash, credit card information, or personal belongings, changes to estate planning documents

How Can an Aurora Nursing Home Abuse Lawyer Help?

Working with our legal team of Chicago personal injury attorneys comes with many benefits if you or a loved one has experienced nursing home abuse, neglect, or wrongful death.

  • Free consultation to discuss the merits of your case
  • Contingency fee agreement so you only pay if we win
  • Guidance throughout the claims process
  • Determining the true cost of economic and noneconomic damages
  • Collecting evidence to support your claim against the defendant
  • Negotiating and mediation with the defendant or insurance company for better financial compensation
  • Legal representation in court if the case goes to trial
  • Protection of your and your loved one’s rights under Illinois law

What Is the Average Settlement in an Aurora Nursing Home Abuse Case?

Settlement amounts will vary widely in these cases. You can rest assured that our skilled attorneys will fight for fair compensation for victims and their family members, and we have a strong history of doing so.

  • $2.1 million for the family of a woman who was admitted to a nursing home for rehabilitation and developed a stage 4 bed sore
  • $1.5 million for the family of an Alzheimer’s patient who ingested unsecured cleaning chemicals
  • $1.1 million for a patient who was dropped by staff who did not follow the two-person lifting protocol and fractured their hip and femur

What Kinds of Damages Can Be Recovered in a Nursing Home Abuse Lawsuit?

There are several types of damages as a result of abuse or neglect in nursing facilities that we can help you recover.

  • Medical expenses – Costs of medical treatment as the result of an injury, illness, or infection.
  • Financial losses – Loss of potential wages, income, or earning potential of the victim.
  • Death costs – Expenses like funeral or burial costs.
  • Emotional suffering – Mental anguish, emotional injuries, loss of companionship, spouse, or parent.
  • Physical suffering – Ongoing pain from the incident.

How Long Does It Take to Settle an Aurora Nursing Home Abuse Lawsuit?

It is difficult to pin down exactly how long your nursing home abuse claim could take to be resolved since there are many factors at play. While the national average is between one and two years, it could be as short as a few months or as long as several years.

Some factors that could lengthen the legal process include:

  • Slow response from the facility
  • Going back and forth during the negotiation
  • Compiling of evidence such as medical records
  • The case going to trial

How Much Does an Aurora Nursing Home Abuse Lawyer Cost?

Rosenfeld Injury Lawyers work on a contingency fee basis. This means that there are no upfront costs to the client, and you only pay if we win. Our services are only paid out of the settlement amount for the agreed-upon rate.

Additionally, we offer a free consultation to ensure your elder abuse or neglect case can qualify for financial compensation.

The Statistics of Aurora Nursing Home Abuse and Neglect

Aurora, IL, has ten nursing home facilities that serve the community [1]. Across the state, around 41% of nursing homes are rated below average, meaning only one or two stars out of five for their care services. Three of the ten nursing homes in Aurora are rated below average, while another is only three stars [2].

With problems like understaffing, poorly trained care providers, and a growing population of nursing home residents, it is no wonder that nursing home neglect and abuse are on the rise abroad and in the Aurora, IL community.

Who Is Liable in a Nursing Home Abuse Case in Aurora?

Multiple parties may be liable for committing nursing home negligence or abuse, such as:

  • Nurse or caregiver if physical abuse, emotional abuse, sexual abuse, or neglect is involved. 
  • Nursing homes if poorly trained staff are negligent or safe premises are not maintained, causing a fall.
  • Device manufacturers if a piece of equipment such as a faulty wheelchair caused the incident.
  • Contractors who were on site to work on the property but did not secure the work site. 

Which Standards Do Aurora Nursing Homes Have to Meet?

The standards that nursing homes in Aurora have to meet, according to the laws of both Illinois and the United States, are quite high. One of the primary legislations governing these facilities is the Illinois Nursing Home Care Act, which:

  • Lays out nursing home resident rights
  • Sets standards for cleanliness and safety in the environment
  • Dictates what is adequate for food and water provision
  • States protections for emotional abuse, physical abuse, and other forms of elder abuse
  • Specifies the level of medical care that should be provided

Which Agencies Regulate Nursing Homes in Aurora?

Though instances of nursing home negligence and abuse have increased over time, there are still several organizations, both local and federal, that help regulate facilities in Aurora, IL [3].

  • Illinois Department of Public Health (IDPH)
  • Illinois Department on Aging (Specifically Adult Protective Services)
  • Joint Commission of Accreditation of Healthcare Organizations (JCAHO, regulates nursing homes across the country that are members)
  • US Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS)

How Often Are Nursing Homes in Aurora Inspected?

The state of Illinois dictates that nursing homes in Aurora must be inspected once every six to fifteen months. On average, this amounts to about once every twelve months. Unfortunately, this schedule is not always maintained perfectly, which can lead to violations or complaints.

When inspections do occur, either as part of the regular schedule or in response to a complaint, they are done so without notice to the facility. The inspection may include a review of past reports, interviews with patients or staff members, and observation of the facility. 

Once completed, any deficiencies are communicated to the administrators so they can take action to rectify the issues. A follow-up inspection will occur to ensure changes are made. 

How to Report Nursing Home Abuse in Aurora, IL

If you suspect abuse or neglect is happening in a nursing home, there are a few ways to report it. First, you can file a police report with the Aurora Police Department to initiate an investigation. If the patient is in immediate danger, then call 911 instead.

You can also call the IDPH hotline at 800-252-4343, which is available 24 hours a day, 7 days a week. Additionally, Adult Protective Services has a number you can call, which is 1-866-800-1409

Contact an Aurora Nursing Home Abuse Lawyer Today!

Nursing home residents deserve to receive a certain level of care, and when nursing homes fail them, they deserve compensation for any damages suffered. Whatever form of elder abuse occurs, our team can help you with your legal action claim.

We will provide a free consultation about your case and a contingency fee agreement that ensures you only pay if we win out of the settlement amount. Our experience helping clients in Aurora, IL, earn fair compensation positions us as the best choice for your nursing home abuse claim.

Call us today at 888-424-5757 to speak to an expert nursing home abuse lawyer for your free case review. Our job is to seek justice for victims and their family members and we will work tirelessly to help you get what you are owed.

Resources: [1] Illinois Department of Public Health, [2] US Centers for Medicare and Medicaid Services, [3] IDPH Nursing Home Regulation

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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