Chicago Nursing Home Abuse Lawyer
If you are reading this, you probably have a loved one currently being cared for at a ‘trusted' nursing home in Chicago, Illinois.
You have handed over care of your frail or elderly family member to a professional long-term care facility, only to find that they are victims of nursing home mistreatment, neglect, and abuse resulting in personal injury or wrongful death.
The personal injury attorneys at Rosenfeld Injury Lawyers, LLC appreciate your situation. They are committed to holding negligent facilities accountable under Illinois law to help you recover financial compensation for your loss.
Call Chicago nursing home abuse lawyers at (888) 424-5757 (toll-free phone number) or use the contact form today for immediate legal advice and schedule a free case evaluation. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
Our nursing home attorneys can pursue legal action for an injury or wrongful death claim if your loved one has suffered or died due to negligence at a senior care facility.
Let our nursing home injury lawyers help bring your case to closure. Contact our team today and schedule a free legal case review regarding your legal rights and let a nursing home abuse lawyer get to work immediately.
You Suspect Elder Abuse and Neglect and Need Legal Help
You need fast action to help your loved one recover from a trauma incurred from physical abuse, neglect, or injury while in the care of a professional facility.
The legal process is daunting and discouraging, so you seek help investigating and prosecuting an accident or injury case involving a loved one at an Illinois nursing home.
Nursing Home Resident Negligence Attorneys Committed to Your Case
Our law firm's nursing home injury team has seen firsthand that things can and do go wrong at these professional care facilities, whether by accident or negligence.
We are available to give you a free consultation on your case to decide how to proceed.
When you hire one of our nursing home abuse lawyers, you will have someone on your side, 24/7, guiding the case to the best possible outcome while you focus on your injured loved one.
Moreover, our law firm has a track record of holding facilities accountable for failing to provide adequate care.
We Will Work Hard for You and Your Loved One
Our Chicago assisted living facility abuse lawyers are skilled at holding negligent long-term care facilities accountable to the full extent of the law in Illinois.
We are proud of our successful track record of advocating for elderly residents who have suffered abuse, neglect, or injury during admission to a skilled nursing facility.
Our nursing home neglect attorneys are deeply committed to protecting nursing home patients' legal rights in a senior care center, assisted living, or other long-term care facilities.
When you hire a nursing home abuse lawyer at our law office, you can rest assured that you have given your case the best possible chance for a favorable settlement for you or your loved one.
A Commitment to Clients & The Legal Profession
Jonathan Rosenfeld is an American Association for Justice's (AAJ) Nursing Home Litigation Group member. The group comprises elder abuse and neglect attorneys from across the country representing abuse victims in lawsuits against negligent nursing home care facilities.
Mr. Rosenfeld regularly attends conferences to keep up to date with the latest elderly and disabled assisted living facility litigation techniques and trends in senior care cases. These trends could be such as an increase in physical abuse or sexual abuse cases in a particular area or a trend of abuse or neglect at a specific location.
Adding to our experience, our law firm is currently reviewing Covid-19 (coronavirus) cases involving patient death in nursing homes and assisted living facilities throughout Illinois. Similarly, we are offering video conferencing for your safety and convenience.
We Have Seen It All When It Comes to Nursing Home Abuse and Neglect and Know What to Do
Rosenfeld Injury Lawyers, LLC has experience prosecuting various circumstances involving abuse and wrongful death in a nursing home setting in the Chicago area and throughout Illinois.
Our nursing home lawyers have successfully prosecuted the neglect and abuse practice areas: some of the following scenarios involving severe physical injuries in nursing homes, typically referred to as elder abuse or neglect.
Situations Involving Abusive Care
The term 'abuse or neglect' associated with nursing home care has recently become somewhat overused.
The reality is that when most people refer to nursing home abuse or neglect, they are referring to a situation where their loved one was injured during an admission to a care facility.
Below are some common cases we prosecute on behalf of families after a loved one has suffered an injury at an Illinois assisted living facility:
- Bedsores (pressure sores, pressure ulcers, and decubitus ulcers) result from patients being left in one position for extended periods, resulting in pain, extended medical care, infection, or even death. Federal Regulations impose responsibilities on nursing facilities to prevent unavoidable bed sores.
- Falls may result in broken bones, subdural hematoma, life-threatening injuries, or death. Up to 20% of elderly patients are injured in falls requiring medical treatment. Nursing homes have a duty to balance each patient's right to be free with the patient's fall risk and implement safeguards to prevent falls.
- Fractures in an older person are painful and significantly impact their quality of life. Unfortunately, many dropped patients have resulted in bone and hip fractures and other serious personal injuries.
- Choking is a common concern, as many elderly patients have difficulty swallowing, known as dysphagia. Nursing homes are responsible for assessing patients for swallowing to prevent choking accidents and provide proper care and supervision at mealtimes.
Situations Involving Nursing Home Neglect
While the above condition or injuries may be considered 'abusive,' the conditions below indicate poor care or signs of neglect.
- Dehydration is a leading cause of elder neglect when a nursing home resident does not receive the fluids needed to maintain their physical well-being. Employees are responsible for monitoring nursing home residents' fluid intake and output to avoid dehydration.
- Malnutrition occurs when nursing home employees fail to address the basic needs of senior home patients. To avoid malnutrition, facilities must conduct regular assessments, including weigh-ins.
- Elopement, also known as wandering, involves a patient leaving the facility's safety without the staff's knowledge. Most elopement cases involve dementia or Alzheimer's patients.
- Sexual assault, disturbingly little information about sexual abuse in long-term care facilities for older adults as most cases go unreported. We know that these cases frequently involve disabled patients who cannot verbally communicate the extent of their injuries. Signs of sexual abuse may include visual distress, withdrawal, sexually transmitted disease, and bloody or torn clothing.
- Medication errors happen when patients receive the wrong dose or medication, which can be fatal. Illinois nursing homes can be held accountable for issues arising from medication errors.
- Unexpected death, if you have questions about a loved one's untimely passing, you may wish to investigate the circumstances by a family member or regulatory agency. If the death is causally related to negligent medical care on the part of a facility, the family may have grounds to file a wrongful death claim.
- Other types of abuse involve physical abuse and psychological abuse by nursing home staff or other nursing home residents where a resident has a personal physical injury. Unfortunately, countless situations involving emotional abuse, sexual abuse, mental abuse, financial abuse, or verbal abuse are rarely reported to authorities.
Was your loved one a victim of any of the above situations or medical conditions? If so, we invite you to contact our law office for a free consultation with an experienced Chicago nursing home abuse lawyer who can advise you of your legal rights and options for recourse against the facility.
Our Experience Prosecuting Negligent Care Nursing Homes Cases
Each lawyer in our office is prepared to take each case to trial. But unfortunately, the reality is that most cases of abuse in Chicago assisted living facilities to get resolved before trial.
Below are some examples of settlements that our law office has realized for mistreating the facility's residents:
- $1,095,000: General nursing center negligence claim with bedsores and surgery to repair the wound with sufficient funds to pay medical expenses.
- $815,000: A nursing home neglect lawsuit was filed against a facility after a patient choked to death when nursing home staff failed to supervise mealtime.
- $750,000: Wrongful death lawsuit filed against the facility for failing to secure locks on a disabled patient's wheelchair. (Kane County)
- $710,200: Abuse of Alzheimer's Disease patient while admitted to a nursing home.
- $600,000: Patient dropped by staff during a transfer with a Hoyer lift.
- $570,000: Wrongful death lawsuit filed against an assisted living facility for failing to follow physician's orders.
- $395,000: Pressure ulcer claim resolved against an operator of a large chain of long-term care facilities. (Cook County, IL)
- $299,000: Fall accident of resident within 48 hours of admission to an assisted living facility in Chicago, IL, resulting in multiple fractures and extensive medical bills for ongoing treatment.
Large Corporations Putting Profits Ahead of Patient Care. The Primary Cause of Elder Abuse
There are currently 1.4 million people living in approximately 15,600 nursing home facilities across the United States (according to Medicaid services). As the population ages, this number is expected to grow substantially in the coming decades.
Many corporations enter the nursing home industry to profit from an emerging area of senior care, with nearly 70% of all senior care facilities operating as for-profit businesses.
In many instances, operators trim staff to bare-bone levels to maximize profitability. Unfortunately, patients get abused in an understaffed nursing center, especially when medical professionals never see them.
Mistreatment of Seniors in Long-Term Care Environments is on the Rise
Abuse or neglect of the elderly and disabled in assisted living facilities is unfortunate in the United States, and we don't just know this from experience. According to Medicare data, statistics show that of the 723 licensed nursing facilities in Illinois, a disappointing 41.5% are deemed below average.
The statewide numbers are similar in the Chicagoland area, with 77 of the area's 186 skilled nursing home facilities rated below average (41.3%).
Our nursing home abuse attorneys have reviewed all inspection data from Medicare and the Illinois Department of Public Health and compiled information on each facility.
Suspect Abuse of a Loved One in a Long-Term Care Facility in Illinois? Here's What to Do
There could be feelings of anger, frustration, and possibly guilt when you learn that a loved one has been injured or a victim of elder abuse at a skilled nursing facility in Chicago, Illinois. Learning your family members have been suffering physical or emotional abuse may also make you feel powerless.
Take your loved ones to a safe space so they can share with you what they can recall about the incident. Take notes, so they can be recalled later, and document any injuries. Talk to other nursing home residents about their experiences around the date of the event or in general around the staff.
Gather full names, schedules, and health records so they will be available when you report to adult protective services or police. Having this evidence collected and organized will help when filing your report, it can help investigators with the abuse or neglect case.
You likely have questions about the circumstances and are looking for answers about how it occurred. Reporting a situation to the Illinois Department of Public Health (IDPH) can initiate getting the answers you need to protect nursing home residents.
Reporting A Nursing Home Patient Injury or Neglect
Reporting abuse and poor care to IDPH will trigger an investigation where state nursing inspectors or ‘surveyors' are deployed to the facility where an incident occurred.
State surveyors will review a patient's medical chart and interview senior home staff members who have information about a specific incident episode of neglect.
To initiate a complaint against the facility in Illinois on behalf of a patient, you should contact the IDPH and provide them with the following information:
Name of the resident
What happened to the resident
When a facility negligence incident(s) occurred
Name and location of the facility involved
Anyone can report to the IDPH anonymously, including visitors, employees, vendors, or family members. However, if you want a copy of the report and findings, you should give the agency your name and contact information.
If there is an acute situation of physical abuse or neglect that requires immediate attention, you should contact the local police department.
FAQs About Nursing Home Neglect
Below are common questions raised by family members after their loved one has been injured in a nursing home. However, our assisted living negligence legal counsel recognizes that these questions may simply give rise to additional questions.
Please feel free to call us or schedule a free legal case review so our personal injury lawyers may address your particular situation and legal options.
Our nursing home lawyers are committed to holding the perpetrators of elder abuse cases fully accountable. We can handle the entire process. You will never pay legal fees until your eldercare abuse attorney negotiates a settlement or resolves your case at trial.
What are the Warning Signs of Nursing Home Abuse and Neglect?
The common signs and red flags that nursing home mistreatment occurred include:
- The development of pressure sores, particularly on the buttock and heels
- Sudden behavioral changes or moody, angry, withdrawn, or upset behavior
- Clothing that is dirty or bloody
- Unexplained broken bones
- A lack of physician-ordered medical tests, treatment, or care
- Poor personal hygiene
- Bruising, cuts, fractured bones, or burns
- The appearance of sexual assault
- Sexually transmitted diseases
- The nursing home fails to allow their elderly citizens to refuse medical treatment.
- Sudden weight loss
- Not allowing the resident to manage their financial affairs (financial exploitation)
- Lack of protection for residents suffering from mental illness
- The appearance of being overly medicated or fatigued
- Anxiety when left alone with staff members or family members
- Undiagnosed or untreated physical health problems
When you visit, pay attention to how the staff acts around you and your elderly relative. Do they refuse you on some visits or seem annoyed by your presence?
Does your loved one act differently when they're present? These may be warning signs of physical abuse or neglect of the elderly person living in fear of the responsible parties.
Do you suspect nursing home neglect or abuse? Trust your instinct. You know your loved one better than any person who may be caring for them. Unfortunately, many neglect victims remain silent to avoid problems or fear violence or reprisal.
If you suspect something, take action now before it is too late. The Illinois Nursing Home Hotline is available at (800) 252-4343. They can provide professional medical advice on what care your loved ones needs to maximize their health.
Our elder assisted living abuse law office can provide immediate legal help to stop the senior center or assisted living facility mistreatment.
What Laws Protect Residents Living in a Nursing Home Facility?
The Federal Nursing Home Care Reform Act of 1987 and the Illinois Nursing Home Care Act protect elderly residents in Illinois nursing facilities.
These statutes set standards to ensure that the facility's residents receive the 'highest practicable' mental, physical, and psycho-social well-being.Nursing Home Residents Bill of Rights
This regulatory framework enforces quality care, establishes a resident Bill of Rights, and makes provisions for specific services for residents.
Each facility must comply with the Nursing Home Care Act requirements to receive Medicaid or Medicare payments. Any identified nursing home neglect or abuse could result in the facility receiving heavy fines.Unannounced Inspections
State surveyors and inspectors will visit the facility anytime a formal complaint is made and begin an investigation by looking for the common signs of nursing home abuse or neglect.
They will also review medical records, conduct interviews, and gather evidence to hold the facility accountable for any mistreatment to the limits their agency can.
How Long Do I Have to File a Nursing Home Negligence Lawsuit?
In Illinois, you have two years to file a lawsuit (statute of limitations) against a negligent long-term care facility (nursing homes and assisted living facilities).
Illinois law states that "[a]ctions for damages for an injury to the person... shall be commenced within two years... after the cause of action accrued."
This law applies to causes of action brought under the Illinois Nursing Care Act and the Illinois Wrongful Death Act, involving all patients and other residents living in nursing homes and assisted living centers.
Medical records must be reviewed and expert witnesses deposed. Consequently, if you consider bringing a claim against a facility, consult with an experienced attorney as soon as feasible.
What are the Consequences of Nursing Home Abuse?
How to prove an assisted living negligence or abuse case depends on the type of claims you bring. Typical nursing home abuse cases involve serious problems, mental abuse, physical harm, emotional abuse, medical malpractice, neglect, and untimely death.
To seek justice and financial compensation in legal action, you must show that:
- The defendant owed you a duty,
- The defendant breached that duty,
- You suffered serious injuries,
- You can prove the defendant's breach caused those injuries.
In some elder neglect cases involving medical negligence by a physician, our nursing home abuse law firm is ready to hold nursing home staff members accountable under applicable laws.
What are the Consequences of Nursing Home Abuse?
Studies show that nursing home abuse can have serious consequences for elderly patients. Victims may suffer physical injuries, emotional trauma, and even death. If you believe your loved one has been abused or neglected in a nursing home, you must speak with an experienced attorney as soon as possible.
The consequences of nursing home abuse could include:
- Physical and mental injuries
- Emotional abuse
- Post-traumatic stress disorder (PTSD)
Nursing home abuse is a serious issue that often goes unreported. Victims of abuse at an assisted living facility are often scared to speak up and worried about the consequences for themselves or their loved ones.
Immediate action is required to protect innocent victims of nursing home abuse by ensuring they receive the care and respect they deserve. If you see the warning signs that a loved one has been the victim of nursing facility abuse, contact an experienced lawyer to discuss your legal options.
You may be entitled to compensation for your injuries, and we can help you hold the negligent parties responsible. For a free consultation, call us at (888) 424-5757 or fill out our online form.
Our skilled lawyers will simplify the legal process and handle every aspect of your nursing home abuse lawsuit.
What are the most common complaints about nursing homes?
A recent study showed that the most common complaints about nursing homes are related to staff issues, including problems with staff members being rude or disrespectful, not providing enough help, and providing poor quality care.
The most common complaints about nursing homes are:
- Poor quality of care
- Neglect of patients
- Abuse of patients
- Medication mistakes
- Lack of staffing
- A lack of skin care leads to pressure sores.
- Inadequate care
Other common complaints include issues with cleanliness, noise levels, and food quality. If you're considering a nursing home for your loved ones, do your research to ensure they will be comfortable and well-cared for during their stay.
Contact Our Chicago Nursing Home Abuse Lawyers. Start the Journey to Justice for Your Loved One Now
When you have trusted the care of a loved one to a professional care facility, the injustice of abuse or neglect can feel overwhelming.
The nursing home abuse attorneys at Rosenfeld Injury Lawyers, LLC appreciate the feelings of anger and guilt after a loved one has suffered an injury from abuse after admission to an Illinois facility.
For a free case review, fill out the contact form or call our nursing home abuse lawyers. Speak with a nursing home abuse attorney to discuss your legal rights and options for pursuing a nursing home abuse lawsuit.
Our experienced nursing home abuse law office is available 24/7. Our law firm works ona contingency fee basis to ensure that our clients' nursing home neglect cases have the best possible outcome.
You can complete a contact form orcall our law firm toll-free at (888) 424-5757 and immediately talk to a nursing home abuse attorney.
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