Chicago Nursing Home Abuse Lawyer

Red flags 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the development of pressure sores, particularly on the buttock and heels; sudden behavioral changes or moody, angry, withdrawn, or upset behavior; clothing that is dirty or bloody; joints that are stiff or stuck in one position; bruising, cuts, fractures or burns; sexually transmitted diseases; sudden weight loss; of the appearance of being overly medicated or fatigued.

Pay attention to how staff acts around you and your family member 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?

When you learn that a loved one has been injured or mistreated during an admission to a nursing home there are accompanying feelings of anger, frustration and possibly guilt. You likely have questions about the circumstances involved 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 nursing home care is reported to IDPH, it will trigger an investigation where state nursing home inspectors or ‘surveyors’ are deployed to the facility where an incident took place. State nursing home 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 in patient 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 nursing home negligence lawsuits.

To initiate a complaint against a nursing home in Illinois, you should contact the Illinois Department of Health (IDPH) via mail, telephone or fax (links to complaint forms below as well).

Phone
Central Complaint Registry Hotline - 800-252-4343
Monday-Friday 8:30 a.m. to 4:30 p.m.
TTY for the Hearing Impaired Only- 800-547-0466

Mail:
Healthcare Facilities Complaint Form

Mail form to:
Illinois Department of Public Health
Office of Health Care Regulation
Central Complaint Registry
525 W. Jefferson St., Ground Floor
Springfield, IL 62761-0001

Fax
Healthcare Facilities Complaint Form
Fax form to: 217-524-8885

When contacting the IDPH you should provide them with the following in order for them to conduct a thorough investigation:

1. Name of nursing home resident
2. What happened to the nursing home resident
3. When the incident(s) occurred
4. 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.

Both the Federal Nursing Home Care Reform Act of 1987 and the Illinois Nursing Home Care Act protect nursing home patients. These statutes set forth standards to ensure that nursing home residents receive the “highest practicable” mental, physical, and psychosocial wellbeing. 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. (See ILCS 210 ILCS 45/Nursing Home Care Act and Nursing Home Care Act 42 U.S. Code Section 1395i-3)

In Illinois, you have two years to file a lawsuit against a negligent nursing home. Illinois law states that “[a]ctions for damages for an injury to the person… shall be commenced within 2 years... after the cause of action accrued.” This applied to causes of action brought under the Illinois Nursing Care Act as well as the Illinois Wrongful Death Act (See 735 ILCS 5/13-202 and 740 ILCS 180/0.001)

How to prove a Chicago nursing home abuse case depends on the type of claims that you bring. Some typical claims involve nursing home negligence, medical malpractice, and wrongful death. In a negligence action, you must show that the defendant: 1) owed you a duty; 2) the defendant breached that duty; 3) you suffered injuries, and 4) the defendant's breach caused those injuries.

Medical malpractice actions are similar to negligence actions. In these suits, you must show that: 1) a patient-provider relationship existed between yourself and the defendant; 2) the defendant owed you certain standard of care; 3) the defendant failed to provide you with that standard of care; 4) you suffered injuries; and 5) your injuries were because of the defendant's failures. Finally, in Illinois wrongful death actions, you must prove that: 1) your spouse or loved one died; 2) the defendant caused the death, and 3) the death caused you damages.

Each nursing home injury case is very different, and the compensation will be dependent on the unique circumstances of your case. Some things that can be used to determine the financial value of the case in both negligence and wrongful death are medical costs; pain and suffering of the patient and family; disfigurement; loss of income; loss of normal life; and survival damages, in the case of wrongful death.

The total amount awarded will depend on the extent of the injury and can also be affected by some state laws that limit the amount of compensation. Other relevant factors include age of the individual; conduct of the facility; the facility’s history of care; whether the nursing home is insured; and whether the family was regularly involved in the care of the loved one.

Here are a couple examples of successful nursing home abuse actions:

$972,000 Jury Award. The events of this suit arose in Anna, Illinois. A woman in her 80s with a history of health issues entered a nursing home. Her conditions included dementia and hypertension and doctors considered her at risk for falls. They warned the home’s management company about this too. The next few years of her life passed without a problem. Yet, when she was 92, she fell down on the floor of her room. Home staff didn’t see this happen. They found her on the floor in a pool of her own blood in the early hours of the morning. They rushed her to the ER. Doctors diagnosed her with a fractured spine and hematoma, and she had many bruises and scars. Just hours after these events, she slipped into a coma. She passed away about a week after this. Her five adult children brought an action against the home, alleging negligence and wrongful death. A jury awarded the family $972,000.

$725,000 Settlement. An 83-year-old woman entered a nursing home in Illinois with a bed sore. She was also at risk for falls. The sore progressed to stage 4 while in the nursing home and became infected, leading to sepsis. During her stay, she also fell from her bed, breaking her femur. Her medical bills related to the bed sore and fall reached more than $150,000. Her family felt that the injuries and resulting complications led to her death. The nursing home settled for $725,000 to cover her medical bills, pain, and suffering, the most common damage categories claimed in wrongful death and negligence cases.

For information on the nursing home negligence cases, our law firm has handled please look here.