Best Chicago Nursing Home Abuse Lawyer

What Is Considered Nursing Home Abuse and Neglect?

Every year, thousands of seniors suffer from abuse in nursing homes and senior care facilities.

Nursing home neglect and abuse cases include both individual instances and repeated patterns of abusive behavior by nursing home staff.

As defined by the United States Department of Health and Human Services, nursing home abuse and neglect is:

• “Any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult.”

The Centers for Disease Control and Prevention defines six categories of elder abuse:

• Physical abuse
• Emotional abuse
• Sexual Abuse
• Neglect
• Abandonment
• Financial abuse

Filing a Chicago Nursing Home Abuse Lawsuit

If you believe that you may qualify to file a nursing home abuse or nursing home negligence lawsuit, contact the elder abuse attorneys at TorHoerman Law to discuss your legal options right away.

TorHoerman Law offers a free consultation to all potential clients and will provide guidance to any person seeking advice on nursing home abuse cases in general.

How Can Nursing Home Abuse Lawyers Help?

Before moving forward with a nursing home abuse and neglect lawsuit, familiarize yourself with the steps in a civil lawsuit.

From there, you must complete a few important steps with the help and guidance of your attorney:

1. Mitigate Injuries
2. Gather Evidence
3. Assess Damages

1. Mitigate Injuries

With any case of abuse, it’s important for the nursing home resident to seek medical care and attempt to best recuperate from any injuries.

If elderly family members have suffered from injuries, help them seek medical treatment right away and follow the instructions of their own doctor or other medical personnel.

Failure to properly mitigate injuries, with medical issues left unchanged or a victim convinced to refuse medical treatment, can result in a dismissal of any legal action.

It is absolutely vital to seek medical care for any injuries related to abuse or neglect.

2. Gathering Evidence

Gather evidence for your abuse or neglect case including any involved names, photos, videos, and receipts.

Evidence in nursing home abuse or neglect cases includes:

• Medical records and bills
• Photos or videos of injuries
• Photos or videos of abuse
• Witness statements
• Personal testimony from nursing home resident experiencing abuse or neglect
• Testimony from visitors
• Statements from responding authorities if available

Your nursing home abuse attorney will examine the facts and evidence to determine who is liable for injuries and damages.

3. Assessing Damages

Your attorney will begin assessing damages that you, your family member, or loved one incurred as a result of the alleged abuse.

In many instances, nursing home residents who have suffered systematic abuse will choose to list both punitive damages and compensatory damages suffered from incidents.

Typical damages in a nursing home abuse lawsuit include:

• Nursing home and living expenses
• Medical bills and recovery costs
• Emotional damage
• Pain and suffering
• Relocation costs

Your nursing home abuse lawyer will work to settle your lawsuit out of court or take it to trial and win a verdict – in either case, the goal is to win compensation that covers the costs of damages.

Signs of Nursing Home Abuse

Elder abuse is not always easy to detect.

Some signs are not obvious, and staff can convince nursing home residents to not speak out.

It’s important to be watchful over nursing home patients, and understand that an abuse or neglect lawsuit can turn into a wrongful death lawsuit if precautions aren’t taken.

Wrongful death is devastating and can result from abuse or neglect suffered at living facilities.

While each case is unique, there are common signs you can look for if you suspect nursing home abuse:

Physical Abuse

Unexplained injuries, bruises, burns, lacerations, and frequent use of healthcare providers are all signs of physical abuse.

Report all injuries to the police and take pictures of injuries to use as evidence.

Even the slightest abuse can lead to life threatening injuries for elderly residents.

Sexual Abuse

Sexually transmitted disease; injuries to the anus or genitalia; unexplained injuries or bleeding are all signs of sexual abuse in a nursing home.

If a loved one is showing any signs of abuse, you should contact the police right away.

Emotional Abuse

Anxiety, fearful behavior, and unexplained changes in mood or personality; fear of interacting with caregivers; withdrawal from family and friends; complaints of verbal abuse.

These can also be symptoms of conditions and mental decline that come with old age.

Be hesitant to label these as signs of mental abuse right away, but also be wary of staff disregarding these signs as “just old age”, leading to nursing home neglect.

Neglect

Poor hygiene; signs of malnourishment; unattended medical needs; skin ulcers or bed sores are all signs of nursing home neglect.

Be sure to address any of these signs with nursing home staff members.

Neglect cases are extremely serious, and if you suspect abuse and a nursing home fails to provide adequate care, contact authorities as soon as possible.

Neglect victims are often wary to speak out about the issues going on in a nursing facility.

Financial Abuse

Unpaid bills; missing property; sudden changes in living arrangements; unexplained financial changes or asset depletion are all signs that your loved one is being taken advantage of by the nursing home employees, nursing facility management, or another party.

Abandonment

Lack of proper medical attention and adequate care; unclean clothing or bedding; unclean living conditions are all signs of a nursing home abandonment.

Medication errors, or staff forgetting to give residents medication, can also be an example of nursing home neglect or abandonment.

Again, address these issues with a nursing home staff member right away and keep records of all conversations you have.

Illinois Nursing Home Abuse Statistics and Facts

The National Council on Aging reports that nearly 5 million elderly people suffer from abuse or neglect in assisted living facilities across the country.

The city of Chicago recognizes senior abuse as a pervasive and growing public health issue.

Illinois nursing home residents are often targeted because of their inability to care for themselves.

Alzheimer’s, Mental Illness, and Elder Abuse

Many victims in elder abuse cases suffer from dementia or Alzheimer’s and are unaware of or unable to communicate that the abuse is happening.

Elderly victims of abuse, particularly in assisted living facilities, often face multiple types of abuse and mistreatment.

Seniors in Chicago nursing homes are often isolated and left vulnerable, and cases of nursing home abuse frequently go unreported.

Major risk factors for elder abuse include dementia, depression, isolation, histories of mental illness, substance abuse issues, and physical impairments.

Examples of Chicago Nursing Home Abuse

Wentworth Rehab Nursing Home

The Chicago Tribune reported that the Englewood nursing home faced allegations of repeated abuse, neglect, and carelessness.

State inspections reported a decade of repeat violations and inadequate care.

The Federal Centers for Medicare & Medicaid Services put the facility on a list of the United State’s most chronically poor nursing facilities.

Abington of Glenview Nursing Home

Two nursing assistants pleaded guilty to taunting a 91-year-old patient suffering from dementia.

A video shows the staff taunting and terrorizing the victim while laughing.

The nursing home faced a lawsuit for violating state privacy laws, the Health Insurance Portability and Accountability Act (HIPAA), and the Nursing Home Care Act.

North Side Nursing Home, Somerset Palace

According to records, Chicago police investigated 15 alleged assaults or batteries, five cases of criminal sexual assault, and five reports of narcotics possession within a 15 month period.

The nursing home also faced state violations for inadequately caring for mentally ill nursing home patients.

Clare Oaks Nursing Home, Bartlett (IL)

In July 2017, a $4.1M verdict was reached on behalf of an 85-year-old woman who had been injured in the nursing home, as a result of her medications being mismanaged.

The mismanagement of her medications led to her suffering a stroke as a result of her blood not being thin enough.

Four years after suffering her stroke, she eventually would succumb to the injuries and ailments caused by the nursing home staff’s neglect.

Chicago Nursing Home Regulations and Inspections

All Chicago nursing homes must meet mandatory state standards.

These regulations are in place to determine that the facilities are providing safe, high-quality care for residents.

State survey teams inspect facilities to evaluate the nursing home and its staff, equipment, procedures, policies, and finances.

If you have any concerns about nursing home abuse in Chicago, you should contact the Illinois Department of Human Services to voice your concerns.

If your loved one is being abused, he or she likely is just one of several victims in the facility.

You should also contact a lawyer to determine what legal options are available to you.

These facilities should be held responsible for their actions and the actions of their employees.

Otherwise, the abuse will only continue.

Who Regulates Chicago Nursing Homes?

Chicago nursing homes are regulated, inspected, licensed, and certified by multiple public and private agencies.

This includes the Illinois Department of Health (IDPHs) and the U.S. Department of Health and Human Services’ Centers for Medicare Services.

Many Chicago nursing homes are members of national accrediting organizations, such as the Joint Commission on Accreditation of Healthcare Organizations, that independently assess standards of care.

The Centers for Medicare and Medicaid Services require further state inspections of any nursing home facilities that receive government funding.

Chicago nursing homes that do not have clear inspections cannot be state-certified.

When looking for a Chicago nursing home for yourself or a loved one, ask to see up-to-date inspection reports and certification.

For more information about finding a Chicago Medicare-certified nursing home or a Chicago Medicaid-certified nursing home, visit the official Medicare website.

How Often Are Nursing Homes Inspected in Chicago?

In Illinois, nursing homes receive inspections at least once every 15 months.

The state average for inspections is once every 12 months.

Nursing home inspections are conducted at random, and regulation schedules change every year to make it difficult for nursing home staff to anticipate them.

Facilities with frequent complaints and poor evaluation results are typically inspected more often.

How Do I File a Complaint Against a Nursing Home in Chicago?

To report a case of elder abuse in a Chicago nursing home, call the Chicago Department of Family & Support Services at (312) 744-4016 or the Office of Domestic Violence at (877) 863-6338.

To file a complaint about a Chicago nursing home, call the Illinois Department of Public Health hotline at (800) 252-4343.

What to do After Discovering Abuse or Neglect at a Nursing Home

Steps to take after you discover elder abuse occurring at a nursing home or similar nursing facility include:

1. Gather all evidence, documents, medical reports, etc. relating to abuse or neglect.
2. Report the abuse to relevant authorities and file a complaint to health boards.
3. Remove the victim from the facility. Local branches of Adult Protective Services may also be of help.
4. Contact an experienced elder abuse attorney and consider filing a claim against the nursing home’s insurance company.

Hiring a Chicago Nursing Home Abuse Attorney

Navigating legal issues after a traumatic incident such as nursing home abuse or nursing home negligence can be difficult.

Choosing an experienced personal injury attorney to represent you, a family member, or a loved one can be an extra, unneeded stress.

Hiring a personal injury lawyer is a major decision, so you should go into it fully informed.

Making an informed decision on legal representation is paramount.

When hiring a lawyer, you should be able to focus on you and your loved one’s well-being while the legal team works hard on your case.

A nursing home abuse lawyer will be able to act on your behalf, doing the following:

• Files a legal claim
• Deliberates with any insurance company involved
• Assesses your medical expenses and damages
• Ensures that you receive compensation for any injuries or damages from the negligent party.

The Illinois statute of limitations bars the time that you have to take legal action after an injury has occurred, so do not hesitate to contact a Chicago nursing home abuse lawyer right away.

If you wait too long, you may not be able to file a lawsuit.

The SoL window depends on the specific nature of the nursing home abuse and injuries incurred.

Your nursing home abuse lawyers will fight for you and your rights.

At TorHoerman Law, that is our primary objective – fighting for you.

TorHoerman Law - The #1 Chicago Nursing Home Abuse Lawyer

We’re not like other attorneys:

TorHoerman Law has achieved more than $4 billion in verdicts and negotiated settlements for a variety of cases.

Our past results and proven track record afford us recognition as some of the best personal injury lawyers in Illinois.

We have some of the best attorneys in the state staffed on our team.

A number of our attorneys have been named Top Lawyers in Illinois and Top 100 Lawyers in the state of Illinois; prestigious awards given through nominations by their peers in the industry.

Our focus is based solely on providing competent legal services, building an attorney client relationship, and achieving full financial recovery for serious injuries suffered by you or your family members.

Consider contacting TorHoerman Law in your search for an Illinois Nursing Home Abuse or Neglect Attorney.

TorHoerman Law – Serving and Supporting Illinois Residents

Our Downtown Chicago law office is comprised of staff and attorneys that pride themselves on serving the Chicago and Illinois communities, giving back to its residents through events, donation drives, and more.

Our law firm works on a contingency fee basis, meaning that you do not pay legal fees unless we secure financial compensation for your case.

Reach out to us for a free consultation today – Your friends. Your neighbors. Your Illinois Nursing Home Negligence Lawyer.

TorHoerman Law Practice Areas

THL attorneys fight cases in dozens of complex practice areas, helping victims and their family members across the country.

From car accidents and premises liability, to medical malpractice, toxic torts, chemical exposure, and more, we have you covered.

We provide clients with formal legal advice and will fight for fair compensation while they make a full recovery.

Reach out to us for a free consultation if you or a loved one have been involved in any of the following:

• Car accidents or truck accidents
• Premises liability
• Workers compensation
• Medical malpractice
• Wrongful death cases
• Catastrophic injuries
• Mass torts
• Product liability
• Dangerous drugs and medical devices
• Abuse and Assault
• Other personal injury cases

If you do not see your potential case listed above, explore our practice areas pages or contact us for more information, free initial consultation, free case review, and further legal help.

We have law offices in Chicago, Edwardsville (IL), and St. Louis (Clayton).

THL’s goal: compensated and satisfied clients.