Chicago Nursing Home Abuse Lawyer
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 they are a victim of nursing home abuse or neglect resulting in personal injury or wrongful death.
The Chicago nursing home abuse attorneys at Rosenfeld Injury Lawyers appreciate your situation and are committed to holding negligent facilities fully accountable under Illinois law to help you recover compensation for your loss.
If your loved one has suffered and died as a result of negligence at a skilled nursing facility, we can pursue legal action for an injury or wrongful death claim.
Let us help bring your case to closure. Contact our team today and schedule a free consultation regarding your legal rights and let us get to work right away.
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 are looking for help to investigate and prosecute an accident or injury case involving a loved one at an Illinois nursing home.
Chicago Area Nursing Home Negligence Attorneys Committed to Your Case
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 you 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.
Moreover, we have a track record of holding facilities accountable for their failure to provide adequate care.
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.
Our nursing home neglect attorneys are deeply committed to protecting the legal rights of elderly people in abused in a Chicago nursing home or other long-term care facilities.
When you hire a Chicago nursing home abuse lawyer at our law firm, 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 a member of the American Association for Justice's (AAJ) Nursing Home Litigation Group. The group is comprised of elder abuse and neglect attorneys from across the country who represent victims of elder abuse in lawsuits against negligent Illinois nursing home care facilities.
Mr. Rosenfeld regularly attends conferences to keep up to date with the latest nursing home abuse litigation techniques and trends in senior care.
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 When it Comes to Nursing Home Abuse and Neglect and Know What to do
Rosenfeld Injury Lawyers LLC 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 neglect and abuse practice areas our legal team has successfully prosecuted include some of the following scenarios involving serious injuries in nursing homes, typically referred to elder abuse or neglect.
Situations Involving Abusive Care
The term 'abuse or neglect' associated with nursing home care has become somewhat overused over in recent history.
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 types of cases we prosecute on behalf of families after a loved one has suffered an injury at an Illinois nursing home.
- 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, extended medical care, infection or and even death. Federal Regulations impose responsibilities on nursing homes to prevent unavoidable bed sores.
- Falls may result in broken bones, subdural hematoma, life threatening injuries or even 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 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 hip fractures and other serious personal injuries.
- Choking is a common concern, as many elderly patients have difficulty swallowing, known as dysphagia. Nursing homes have a responsibility to assess patients for swallowing to prevent choking accidents and provide proper care and supervision at meal times.
Situations Involving Nursing Home NeglectWhile the above condition or injuries may be considered 'abusive', the conditions below are more indicative of poor care or signs of nursing home neglect.
- Dehydration is a leading cause of elder neglect, as many patients in nursing homes 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 homes' staff members 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 nursing homes can be held accountable for issues arising from a medication error.
- Unexpected death: If you have questions about a loved ones untimely passing you may wish to initiate an investigation into the circumstances by the family or regulatory agencies. If the death is causally related to negligent medical care 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.
If your loved one is a victim of any of the above situations or medical conditions, we invite you to contact our law office for a free consultation with an experienced nursing home abuse attorney who can advise you of your legal rights and options for recourse against the facility.
Our Experience Prosecuting Negligent Care Nursing Homes Cases
Each nursing home abuse attorney in our office is prepared to take each case to trial. The reality is that most cases of abuse in Chicago nursing homes get resolved prior to trial.
Below are some examples of settlements that our law firm has realized for our clients.
Recognition for Excellence in the Legal Community
The attorneys at Rosenfeld Injury Lawyers LLC are proud of their work on behalf of our clients. However, we are also honored to be recognized by our peers in the legal profession for our success.
Amongst the awards, our top-rated firm and individual attorneys have received include:
- Best Attorneys of America
- Honored for inclusion by Super Lawyers
- National Academy of Personal Injury Attorneys
- American Institute of Trial Lawyers
- Million Dollar Advocates
- National Academy of Jurisprudence
- Elder Counsel member
FAQs About Nursing Home Neglect
The below are common questions raised by family members after their loved one has been injured at a nursing home. We recognize that these questions may simply give rise to additional questions.
Please feel free to call us or schedule a free consultation so we may address your particular situation and legal options. Our lawyers are committed to holding the perpetrators of nursing home abuse fully accountable.
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.
Trust your instinct when it comes to the care of your loved 0ne. You know them better than any person who may be caring for them. If you suspect something. Take action now before it is too late.
What Laws Protect Illinois Residents Living in a Nursing Home Facility?
Illinois Nursing Home Care Act protect elderly nursing home residents living in Illinois facilities.
These statutes set standards to ensure that nursing home residents receive the “highest practicable” mental, physical, and psycho-social 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 Act.
How Long do I Have to File a Chicago 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 (nursing homes or assisted living).
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.
While this may seem like a long time, the truth is that time moves quickly and there's much work that needs to be completed before a claim is filed.
Medical records need to be reviewed and expert witnesses need to be retained. Consequently, if you are considering bringing a nursing home claim against a facility located in the State of Illinois, we encourage you to consult with an experienced attorney as soon as feasible.
How do I Prove a Chicago Nursing Home Abuse Case?
How to prove a nursing home abuse and neglect 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.
You do not need to know the law applicable to these cases, as a skilled nursing home abuse lawyer in our office will guide you through the aspects of your case as it moves through the litigation process
Your Nursing Home Negligence Case in Context
When pursuing nursing home abuse cases, 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 and abuse 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. 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.
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. The unfortunate consequence of this is that patients get abused in a nursing facility that is under-staffed.
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 (41.3%).
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 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 doWhen you learn that a loved one has been injured or a victim of abuse at a 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.
Reporting A Nursing Home Patient Injury or Neglect in IllinoisWhen 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 nursing home 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
If there is an acute situation of abuse or neglect that requires immediate attention, you should contact the local police department.
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.
Rosenfeld Injury Lawyers LLC 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 with a nursing home abuse attorney to discuss your legal rights and options for pursuing a neglect claim or lawsuit against a nursing home or assisted living facility.
Our experienced Chicago nursing home abuse attorneys are available 24/7 to see that your case sees the best possible outcome. You can complete a chat, contact form or call our law firm toll free at 888-424-5757 and talk to a lawyer right away.
In the Covid-19 era, we are available for consultations via phone or video. Just complete the contact form or call our law office and we can schedule a free meeting at your convenience.
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