Experienced Chicago Nursing Home Abuse Lawyer
Are Concerned for a Loved One in a Nursing Facility in Chicago, Illinois?
If you are reading this, you probably have a loved one who is currently in the care of 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 there has been misconduct and neglect resulting in personal injury or wrongful death.
You Suspect Elder Abuse and Need Legal Help
You need fast action to help your loved one recover from a trauma incurred from abuse, neglect, or injury while in the care of a professional facility.
The legal process is daunting and discouraging, so you are looking for help to investigate and prosecute an accident or injury case involving a loved one at an Illinois nursing facility.
You Have Found What You are Looking for
The nursing home abuse team at our law firm has seen first-hand that things can and do go wrong at these professional care facilities, whether by accident or through negligence.
We are available to give you a free consultation on your case so you can make an informed decision about how to proceed. When your hire one of our Chicago 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 family member.
We Will Work Hard for You and Your Family Member
Our Chicago nursing home abuse lawyers are skilled at holding negligent long-term care facilities accountable to the full extent of the law in Illinois. We are proud or our successful track record fighting on behalf of elderly residents who have been neglected, injured, or abused during an admission to a skilled nursing facility in the Chicago area.
Our nursing home neglect attorneys are deeply committed to protecting the legal rights of elderly people in long-term care facilities.
When you hire one of our professionals, you can rest assured that you have given your case the best possible chance for a favorable settlement.
Jonathan Rosenfeld is a member of the American Association for Justice's (AAJ) Nursing Home Litigation Group. The group is comprised of attorneys from across the country who represent victims of elder abuse in lawsuits against negligent skilled nursing facilities.
Adding to our experience, our law firm is currently reviewing Covid-19 (coronavirus) cases involving patient death in Chicago nursing homes and facilities throughout Illinois. Similarly, we are offering video conferencing for your safety and convenience.
We Have Seen it all and Know What to do
Rosenfeld Injury Lawyers has experience prosecuting a diverse range of circumstances involving elder abuse and untimely death in a skilled nursing facility in the Chicago area and throughout the State of Illinois.
Among the cases our legal team has successfully prosecuted include some of the following scenarios involving serious injuries, elder abuse or neglect.
- Bed sores – also referred to as pressure sores, pressure ulcers and decubitus ulcers – result from patients being left in one position for extended periods of time resulting in pain, infection or and even death. Federal Regulations impose responsibilities on facilities to prevent unavoidable bed sores.
- Falls may result in broken bones, subdural hematoma or even death. Up to 20% of elderly patients are injured in falls requiring medical attention. Nursing facilities 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 elderly person is not only painful but has a significant impact on their quality of life. We have been many cases of dropped patients resulting in bone fractures and other serious personal injuries.
- Choking is a common concern, as many elderly patients have difficulty swallowing, known as dysphagia. Facilities have a responsibility to assess patients for swallowing.
- Dehydration is a leading cause of elder neglect, as many patients do not receive the fluids needed to maintain their physical well-being. It is the responsibility of staff to monitor fluid intake and output of residents to avoid dehydration.
- Malnutrition occurs when nursing staff fail to address the basic needs of patients. In order to avoid malnutrition, facilities must conduct regular assessments of patients including weigh-ins.
- Elopement, also referred to as wandering, involve a patient leaving the safety of the facility without the knowledge of the staff. Most elopement cases involve dementia or Alzheimer’s patients.
- Sexual assault: Disturbingly little information is known about sexual abuse in long-term care facilities for older adults as most cases go unreported. What we do know is that these cases frequently involve disabled patients who are unable to verbally communicate the extent of their injuries. Signs of sexual abuse may include visual distress, withdrawal, sexually transmitted disease, bloody to torn underwear or clothing.
- Medication errors happen when patients receive the wrong dose or wrong medication, and this can be fatal. The facility can be held accountable for issues arising from a medication error.
- Unexpected death may lead to questions and an investigation into the circumstances by the family or regulatory agencies. If the death is causally related to negligent 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 physical personal injury. Unfortunately, there are countless other situations involving emotional abuse or verbal abuse that are rarely reported to authorities.
Some of the corporate-owned nursing chains in Illinois our elder abuse lawyers handle include:
- Alden Health Care Facilities
- Aperion Care Centers
- Brookdale Senior Living
- Helia Healthcare Services
- Heritage Healthcare Services
- Kindred Healthcare
- Manor Care
- Rosewood Care Centers
- Sava Senior Care
- Sunrise Living Center
- Symphony Nursing Homes
Our Experience Prosecuting Negligent Care Cases
Your Nursing Home Abuse Attorney: At Your Service
Perusing a nursing home neglect lawsuit can be extremely daunting, and at time confusing. When you hire a Chicago nursing home abuse lawyer from Rosenfeld Injury Lawyers, you can rest assured knowing that you have an experienced professional by your side through the entire process.
To help you understand what to expect, we have outlined the process below:
- Initial consultation: A legal professional from our law offices will provide you with a free consultation to discuss and evaluate your nursing home abuse case.
- Engagement: Once you have decided to move forward with our law firm, we will discuss all aspects of our representation with you, put an agreement in place, and inform you of the details involved with litigation.
- Investigation: We will conduct an in-depth investigation to determine the details of the mistreatment, including possible assessment of medical negligence or medical malpractice. This process includes consultation with medical and legal experts to determine liability.
- Notice of claim: Once liability has been established and the case is pursued, your lawyer will send out a notice of claim to all potential defendants to advise them of our representation and see if they are interested in attempting to resolve the case prior to litigation.
- Lawsuit: Your nursing home lawyer will put their experience to work for you throughout your lawsuit, ensuring that all procedures are followed as necessary, and that your case is positioned for the best possible outcome allowed by the laws in Illinois.
- Settlement negotiations and mediation: We will facilitate negotiations with the aim of avoiding a costly and drawn-out trial, and use our experience to win you a favorable settlement.
- Trial: If no settlement can be reached, we will argue your case in front of a judge and jury.
If you are seeking compensation for nursing home abuse and mistreatment, filing a lawsuit can help. Let us help you seek the justice your loved one deserves!
We Have Successfully Faced Many Nursing Homes in ChicagoMr Rosenfeld handled my family’s situation with class and efficiency. I was pleased that the case settled before trial, but am certain that he was prepared to do whatever was necessary to ensure a positive outcome. – Nydia N. I live outside of the Chicago area, but felt like the Rosenfeld law team handled my matter as well as if I lived closer. They investigated my father’s case and got the matter resolved before trial. I am very appreciative for their hard work and appreciate the fact that my family did not have to re-live the case in court. Thank you. – Jonathan A. We felt a sense of vindication and closure when our nursing home case was resolved. I would strongly suggest that family in need of a nursing home lawyer contact this law office. A class operation. – Sarah W.
Mr Rosenfeld handled my family’s situation with class and efficiency. I was pleased that the case settled before trial, but am certain that he was prepared to do whatever was necessary to ensure a positive outcome.
I live outside of the Chicago area, but felt like the Rosenfeld law team handled my matter as well as if I lived closer. They investigated my father’s case and got the matter resolved before trial. I am very appreciative for their hard work and appreciate the fact that my family did not have to re-live the case in court. Thank you.
We felt a sense of vindication and closure when our nursing home case was resolved. I would strongly suggest that family in need of a nursing home lawyer contact this law office. A class operation.
Our Process1. Documentation
From the time we are retained in a case, we begin collecting relevant records on your case such as medical records, medical bills and information about insurance coverage.
This frequently means medical reports from treating doctors documenting the extent of your injuries and prognosis.
We are committed to getting this information for you so that you can focus on your physical and emotional recovery.2. Investigation
Our law firm begins an investigation into the circumstances related to your case as soon as feasible.
This typically means obtaining police reports, investigative documents and photographs of the scene of the incident.
This may also entail getting statements from witnesses and others who have knowledge of the facts related to your case.
After we have an understanding as to how your accident occurred and your injuries, we will approach the insurance company for the individual or company who caused the accident and attempt to negotiate a full and fair settlement.
If we cannot secure a settlement, our trial attorneys will get a lawsuit on file and get your case prepared for court.4. Settlement
Over 95% of our cases get resolved prior to trial. Many of our cases get resolved during the course of litigation or during a mediation.
Whenever your case gets settled, your lawyer will give you a complete accounting for all legal fees and expenses showing you exactly how much money you will recover.
We provide you full transparency so you are fully aware of the settlement figures.
FAQs About Nursing Home Neglect
What are the Signs of Nursing Home Abuse & Neglect?
Red flags signs of abuse and neglect 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; joints that are stiff or stuck in one position; bruising, cuts, fractured bones or burns; sexually transmitted diseases; sudden weight loss; of the appearance of being overly medicated or fatigued.
Pay attention to how the nursing home staff acts around you and your family member or elderly relative when you visit. 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 that your loved one is a victim of nursing home neglect and mistreatment.
What Laws Protect Illinois Residents Living in a Nursing Facility?
Both the Federal Nursing Home Care Reform Act of 1987 and the Illinois Nursing Home Care Act protect elderly people living in Illinois facilities. These statutes set standards to ensure that nursing home residents receive the “highest practicable” mental, physical, and psychosocial well being.
This regulatory framework enforces quality care, establishes a resident Bill of Rights, and makes provisions for certain services for residents. To receive Medicaid or Medicare payments, each facility must comply with the requirements of the Nursing Home Care Reform Act.
How Long do I Have to File a Nursing Home Negligence Lawsuit?
In Illinois, you have two years to file a lawsuit (known as the statute of limitations) against a negligent long-term care facility. 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 applies to causes of action brought under the Illinois Nursing Care Act as well as the Illinois Wrongful Death Act.
How do I Prove a Chicago Nursing Home Injury Case?
How to prove a case depends on the type of claims that you bring. Some typical claims involve serious problems, physical harm, medical malpractice, neglect cases and untimely death. In a legal action, you must show that: 1) the defendant owed you a duty; 2) the defendant breached that duty; 3) you suffered injuries, and 4) the defendant's breach caused those injuries.
Your Nursing Negligence Case in Context
When pursuing a case like this, it is helpful to understand the context of your case so that you know what to expect. Our law office is well experienced in nursing home neglect cases, and have put together some information and statistics to help you grasp the details of the professional nursing care industry.
Large Corporations Putting Profits Ahead of Patient Care
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.
Recognizing this, many corporations are entering the industry to profit from an emerging area of senior care. With nearly 70% of all senior care facilities operated as a for-profit business, much of the individualized care once present with elderly care is gone. In many instances, operators’ trim staff to bare-bone levels to maximize profitability.
Mistreatment of Seniors in Long-Term Care Environments is on the Rise
Nursing home abuse and neglect is an unfortunate reality in the United States, and we don’t just know this from experience. Statistics show that of the 723 licensed nursing facilities in Illinois, a disappointing 41.5% of them are deemed to be below average according to Medicare data.
The statewide numbers are similar in the Chicagoland area with 77 of the area’s 186 skilled nursing facilities rated as below average. Our elder abuse attorneys have reviewed all inspection data from Medicare and the Illinois Department of Public Health and compiled information on each facility.
Under-Staffing Facilities Resulting in Lack of Care
When nursing home staff levels are reduced to cut costs, patients suffer as there are simply not enough nurses to sufficiently tend to immediate and developing patient needs, leading to elder abuse and personal injury.
In a study commissioned by the American Association for Justice, 90% of skilled nursing facilities were understaffed. Consequently, the medical needs of patients may go unsatisfied resulting in patient personal injury or wrongful death.
Suspect the Abuse of a Loved One in a Long-Term Care Facility in Illinois? Here’s What to do
When you learn that a loved one has been injured or a victim of abuse at skilled nursing facility in Chicago, Illinois there are accompanying feelings of anger, frustration and possibly guilt.
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 the process of getting the answers you need.
When a report of poor care is reported to IDPH, it will trigger an investigation where state nursing inspectors or ‘surveyors’ are deployed to the facility where an incident took place. State surveyors have the capacity to review a patient’s medical chart and interview staff members who have information about a specific incident episode of neglect.
After the survey is complete, a written report will be issued and a determination of a violation of inpatient care will be determined as being substantiated or not. While the findings of a specific violation are generally not considered to be admissible in court from an evidence perspective, the content of the report can be particularly useful when proceeding with neglect lawsuits.
To initiate a complaint against a nursing facility in Illinois on behalf of a nursing home resident, you should contact the IDPH and provide them with the following information:
- Name of the resident
- What happened to the resident
- When the incident(s) occurred
- Name and location of the facility involved
Reports to the IDPH can be made anonymously, but if you would like a copy of the report and findings, you should give the agency your name and contact information.
If there is an acute situation that requires immediate attention, you should contact the local police department.
Contact us. Start the Journey to Justice
When you have trusted the care of a loved one to a professional care facility, the injustice of abuse or neglect can feel overwhelming. Rosenfeld injury lawyers appreciates the feelings of anger and guilt after a family member has suffered an injury from abuse after admission to an Illinois facility.
We encourage you to contact our office for a free consultation of your legal rights and options for pursuing a neglect claim or lawsuit against a facility.
Our experienced Chicago nursing home abuse attorneys are available 24/7 to see that your case sees the best possible outcome.
- Assisted Living Accident & Injury Attorney
- Bed Rail Entrapment Injuries & Fatalities
- Choking Accidents in Nursing Homes
- Community Living Arrangement (CILA) Accidents
- Dehydration Deaths in Nursing Home Patietns
- Dementia Patient Injuries in Nursing Homes
- Diabetic Nursing Home Patient Complications & Injuries
- Dropped Nursing Home Patient Injury
- Elopement Injuries in Nursing Home Patients
- Feeding Tube Clogging Injuries in Nursing Home Patients
- Fractures and Broken Bones in Nursing Home Patients
- Group Home Abuse & Injury in Illinois
- Hoyer Lift Accidents
- Litigation (Common Case Types)
- Impacted Bowel Death
- Inadequate Supervision Accidents
- Malnutrition Deaths
- Medication Errors
- Case Value (How to Value a Nursing Home Case)
- Falls in Nursing Homes
- Nursing Home Abuse & Neglect FAQ's
- Ratings & Violations for Specific Illinois Facilities
- Wandering Accidents
- Restraints Usage Accidents
- Bed Sore Injury & Death Attorney
- Recently Filed Illinois Nursing Home Lawsuits
- Respite Care Patient Accidents
- Sexual Assault of Nursing Home Patients
- Smoking Accident/Burns
- Understaffing Dangers
- Urinary Tract Infection Complications
- Ventilator Patient Injuries
- Wheelchair Accidents
- Coronavirus Deaths
- Nursing Home Aspiration Pneumonia Attorneys
- Nursing Home Arbitration Agreement Lawyers
- Chicago Clogged Breathing Tube Lawyers for Injured Nursing Home Patients
- False Claims Act