How Much is a Nursing Home Abuse Case Worth?
The majority of nursing home abuse or negligence lawsuits in Illinois will result in some type of settlement realized between the family members of the nursing home loved one and the facility they are suing.
Sometimes, nursing home lawsuits are settled quietly between the parties and other times the cases may be resolved with the assistance of a judge or mediator to help facilitate a resolution to the case.
The following sections outline topics relevant to nursing home abuse and a nursing home abuse settlement including medical malpractice, pressure sore, nursing home's medical care negligence, neglect, assisted living personal injuries, and nursing home litigation or injury lawsuit generally.
Call us for a free case review as well as a discussion on nursing home abuse and nursing home settlements. Tell us what happened and we can discuss legal action, legal help, verdict compensation options, and more!
What Rights Do Nursing Facility Residents Have in Illinois?
Nursing home residents are protected under federal law and have the right to have control over their medical treatment and care. Other rights that are protected include:
- The right to have visitors
- The right to complain about inferior care
- The right to not be abused in any way
- The right not to be restrained
- The right to personal privacy and respect, including medical records
- The right to have and use personal clothes and belongings
- The right to medical disclosure of all treatment and costs
- The right to personal physician care
- The right to handle personal finances
- The right to know all policies and procedures within the nursing facility
The state of Illinois also guarantees you certain privileges with respect to nursing homes and medical records, which include the following: see and retain your copies, amend your record by adding information, file a complaint with the Office for Civil Rights, U.S. Department of Health and Human Services and the applicable state department, and sue in the Illinois Circuit Court to get compel production of your records.
Contact us to learn more about nursing home abuse and potential nursing home settlements - or if we think your case will go to trial. Our law firm may bring a nursing home lawsuit for elder abuse and personal injury against the nursing facility.
We can even give you a free legal review of how much money the average settlement is and potential damages for pain and suffering, punitive damages, abuse and neglect. Legal advice may help your loved one in long term care.
Signs of Neglect and Personal Injury in an Assisted Living Facility
While age does little to improve our health and level of function, a patient in a nursing home should simply not be on a perpetual decline. As a loved one, family member, or friend, you should always be on the lookout for the following situations which may be the source of an underlying problem and warrant further actions:
- The development of pressure sores, particularly on the buttock and heels
- Sudden behavioral changes, is the person moody, angry, withdrawn, upset
- 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
- Appearance of being overly medicated or fatigued
Speak with a nursing home abuse lawyer about nursing home settlements today.
Average Nursing Home Abuse Settlement in a Nursing Home Abuse Case
Each nursing facility neglect case is very different, and the compensation will be dependent on various factors that are unique to your circumstance.
Some things that can used to determine the financial value of the case in both nursing home negligence and wrongful death are: bills, pain, suffering, discomfort, lost normal life, and survival damages.
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 that can be recovered.
In addition to the above, the Illinois nursing home settlements and verdicts may also reflect the following factors which may not necessarily be 'legal' in nature, but they are important nonetheless:
- Age of the individual. Sad as it may be, the value placed on the life of a younger person is generally more than that placed on the life of an elder.
- Conduct of the facility. Did the episode involve one staff member who made a poor decision or was it more reflective of a poor system of care?
- Facilities history of care. Some facilities have a poor track record of care while others may be relatively 'good' facilities who had a bad day. Facilities with ongoing problems may be more likely to resolve cases than a facility who does not have them.
- Is the nursing home insured? Dealing with an insurance company is generally better than negotiating with an individual when it comes to the settlement of a case.
- Was the family regularly involved in the care of their loved one? A family that was actively involved and made regular visits is more likely to receive a substantial settlement than a family who did not and only made an appearance when it came time to get money.
Talk to a nursing home abuse lawyer about nursing home abuse cases and possible nursing home abuse settlements. You could see how much money you might get in a nursing home lawsuit for elder abuse, punitive damages, and other harms that the nursing homes caused.
Contact our law firm for a phone call or live chat and get a free legal case review. Elder abuse from a nursing home is not acceptable and you should check how much money and recovery is possible for your loved one or family if you are the victim of nursing home neglect or abuse.
Nursing Home Abuse Settlement Cases
Below are some sample nursing home negligence settlements and verdicts. While it may be tempting to compare your situation with settlement amounts below, we caution you from inferring too much as there may be circumstances differentiating your case.
If you have questions about the value of a nursing home case, we invite you to contact our law firm for a free consultation with an experienced attorney.
$250,000 Illinois Nursing Home Abuse Settlement
This case was based out of Chicago, Illinois. The plaintiff was an 87 year old woman at the time of the case. She entered the nursing home in the middle of 2013. During her time there, staff failed to properly watch over her. Staff members didn't erect proper guards to keep her from falling. As a result, she fell four times.
She broke her hip last fall. That injury required surgery. Doctors had to go in and put a pin in the area. Still, she was left with a lot of pain. Plus, she had a new disability. She sued the nursing home. Her suit alleged it was negligence. She argued that staff members failed to make a plan to protect. Also, it didn't follow any procedures to reasonably keep her safe.
As a result, she was injured and suffered damages. Her damages included pain, broken bones, handicaps, bills, brain injury, and damaged health affairs, just to name a few. The defendant offered a summary reply. Typically, it denied all fault. Nursing homes normally offer that the plaintiff was to blame at least in part in these cases.
Yet, this doesn't mean they want to prove that at trial though. That was the case here. Both sides entered into a private nursing home settlement not long after the case was filed. The woman received $250,000.
Call a nursing home abuse lawyer about compensation in nursing home settlements or a trial now.
$972,000 Illinois Nursing Home Abuse Jury Award
The events of this suit arose in Anna, Illinois. A woman in her 80s entered a nursing home there. She had a history of several health issues. Her conditions included dementia and hypertension. Also, 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 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 in the early hours of the morning. She was on the floor. She lay in her own blood. They rushed her to the ER. Doctors diagnosed her with a fractured spine and hematoma.
She also 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 children survived her. They were all adults.
They brought a wrongful death lawsuit with nursing home lawyers against the home. It alleged abuse, negligence, and wrongful death. The defendant cried foul. It claimed that this was not foreseeable.
As a result, they couldn't be blamed for it. Also, her doctors didn't alert them to this risk when they checked her out just days before the fall. Finally, the home contended she didn't feel pain while in the coma before she died. Both sides couldn't agree to settle.
The jury had to decide. They found in favor of the family. The family received $972,000 in compensation. Here's how that settlement amount of money was awarded.
- $250,000 for lost normal life.
- $183,000 for disfigurement.
- $142,000 for suffering, serious injuries, and pain.
- $96,000 for emotional trauma.
- $301,000 settlement amounts for wrongful death (lost society and sorrow).
$325,000 Illinois Nursing Home Abuse Settlement
This settlement was reached in Cook County, Illinois. The events leading up to it occurred in Arlington Heights though. It involved a nursing home resident. He was a 90 year old man. He had only lived in the facility for about a year and a half. Yet, that was enough time for him to contract a bed sore on the lower part of his spine. It got to stage four.
That's the direst stage of pressure sores. Doctors had to perform debridement surgery on the nursing home injury. They also were required to do wound treatment, biopsies, and antibiotic care. Finally, he needed a catheter at all times after the events. Later, his family also claimed that he fell while staying there. He sued the home for abuse and damages.
His case claimed the home was negligent in its care of him. Then, that negligence was the proximate cause of his injuries and damages. He had almost $100,000 in bills from the fall and sores. He also had constant pain now. These cases rarely go to trial. The mere existence of sores is normally some sign of nursing home negligence.
The point then becomes how negligent they were and how much they should pay for that. Of course, these matters can be handled in settlement. That's what happened here. The man received and accepted a settlement offer of $325,000.
$725,000 Illinois Nursing Home Abuse Settlement
This nursing home abuse case was based in negligence and wrongful death. The woman that passed away was 83. She entered a nursing home in Illinois with a bed sore. She was also at risk for falls.
Nevertheless, the sores progressed. They reached stage four and got infected. Eventually, sepsis creeped into them too. Also, she did fall from her bed.
This fall broke her femur. Her family later claimed that all of these events led to her death. Plus, she racked up around $150,000 in medical bills along the way. Her four adult kids felt that the home should bear the burden of these damages.
In their view, it was responsible for her descent into death. At the very least, it could have taken some easy steps to protect. It did not, and she suffered because of it. The nursing home did not want this to get to court.
At least, it preferred settlement. That would cut time and costs. The family received a $725,000 settlement for the abuse. That money was to cover their bills, her pain, and their suffering. Those are the common damages categories in wrongful death and negligence cases.
$575,000 Illinois Nursing Home Abuse Settlement
This case too ended fatally. The victim was 77. He was sent to a nursing home after he had a stroke. The stroke left him unable to move around or care for himself. Doctors instructed nursing home staff of his risks. These included falls, sores, and other things. Yet, it seems that the staff didn&'t take note of this.
At least, they didn't take proper heed. The man developed sores. They arose along his spine and heels. They got so bad that they became infected. The man got pneumonia because of this. Eventually, his condition worsened so badly that he died. He left behind three grandkids. They believed the nursing home could have prevented his death.
They thought he was neglected and mistreated. They sued the home for compensation. Their claim stated that he died wrongfully, and the home was to blame. The plaintiffs pointed to the doctors' warnings, the staff's inaction, and the man's death. They argued that all of this could have been stopped if the home did its job.
They didn't though, and he died, and they suffered. After a summary reply, the defendant and plaintiffs entered into a back and forth. The home gave the plaintiffs a settlement offer of $575,000 (compensatory damages and others) in a private agreement for the nursing home abuse . They accepted.
Do You Have Questions About the Value of Your Nursing Home Case?
Rosenfeld Injury Lawyers LLC has successfully prosecuted hundreds of nursing home negligence cases in Illinois and across the country. When it comes to the valuation of cases, each circumstance is truly different and unique. Much of the eventual outcome will have to do with the individual impacted and the facility involved.
If a loved one was neglected or abused and you have questions about your legal rights and options for pursuing a claim against a negligent facility, we invite you to contact our office. We work on a contingency fee basis, where we only receive a legal fee when we are successful in recovering compensation on your behalf. You do not need to pay anything out-of-pocket to initiate a case.
Talk to a nursing home abuse lawyer about nursing home abuse cases and possible nursing home abuse settlements. You can see how much money and relief is available for you from nursing homes in an attorney client relationship.