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Any person who suffers an injury or loss as a result of a nursing home or nursing home employee’s actions can sue the facility or individual responsible. If an individual is unable to represent themselves, the family of the victim can recover damages on their behalf.

It is important to note that each case is different and who will be held responsible for your exposure is completely dependent on the circumstances. However, the liable party can be anyone from a single individual to a single facility to an entire nursing home corporation. After consulting with a Chicago nursing home abuse lawyer, your legal team will be able to determine who is responsible.

In Illinois, the statute of limitations, or time frame you can sue, is two years from the date of injury – generally. While there are exceptions to the time frame, it a general rule to follow. If you or a loved one has been abused or injured, it is important to immediately contact a Chicago nursing home abuse lawyer.

Chicago Nursing Home Abuse Lawyer

Many Chicago area families have a loved one living in a nursing home. Nursing homes are supposed to offer a safe, supportive environment for elder citizens, with skilled staff, nurses, and aids providing first-rate care. Unfortunately, abuse and neglect do occur leaving elder nursing home residents vulnerable.

If your loved one suffered injuries as a result of nursing home staff negligence or abuse, you should consider contacting a Chicago nursing home abuse lawyer to discuss your legal options.

However, your first step  should be to report the abuse as soon as you are made aware of it.

 

What Is Considered Nursing Home Abuse?

Every year thousands of seniors report suffering abuse in their care facility. This can encompass a single instance or repeated cases of abusive behavior by staff. The United States Department of Health and Human Services defines elder abuse as “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 categorizes elder abuse in six different categories:

  1. Physical Abuse
  2. Sexual Abuse
  3. Emotional Abuse
  4. Neglect
  5. Financial Abuse
  6. Abandonment

 

Signs of Nursing Home Abuse

Elder abuse is not always easy to detect. Some signs are not obvious, and nursing home staff can convince residents to not speak out. While each case is unique, there are common signs of Chicago nursing home abuse you can look for:

Signs of abuse:

  • Unexplained injuries
  • Bruises
  • Burns
  • Frequent use of healthcare providers

You may need to talk to a Chicago assault & battery lawyer who is also an experienced Chicago nursing home abuse lawyer. You should also contact the Chicago police department to report the abuse.

Signs of abuse:

  • Sexually transmitted infections or diseases
  • Injuries to the anus or genitalia
  • Unexplained injuries or bleeding

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

Signs of abuse:

  • Anxiety
  • Fearful behavior
  • Unexplained changes in mood or personality
  • Fear of interacting with caregivers
  • Withdrawal from family and friends

These can also be symptoms of conditions and mental decline that come with old age. Be hesitant to label these as signs of abuse right away. But also be wary of elderly care providers and staff disregarding these signs as “just old age”.

Signs of neglect:

  • Poor hygiene
  • Signs of malnourishment
  • Unattended medical needs
  • Skin ulcers or bedsores

Be sure to address any of these signs with the nursing home staff. Keep records of all exchanges that you have with staff about these issues.

Signs of neglect:

  • Unpaid bills
  • Missing property
  • Sudden changes in living arrangements
  • Unexplained financial changes
  • Asset depletion

Signs of abandonment:

  • Lack of proper medical and personal care
  • Unclean clothing or bedding
  • Unclean living conditions

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

Chicago Nursing Home Abuse Facts

The city of Chicago recognizes senior abuse as a pervasive and growing public health issue. Victims are often targeted because of their inability to care for themselves. Many victims in elder abuse cases suffer from dementia or Alzheimers and are unaware of or unable to communicate that the abuse is happening.

Elderly victims of abuse, particularly in nursing homes, 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

Numerous Chicago nursing homes have faced allegations of residential abuse. Notable Cases include:

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

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.

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 patients.

Chicago Nursing Home Regulations & 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 Chicago nursing home abuse 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.

 

Which Agencies are Responsible for Regulating 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 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?

Chicago 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.

 

Filing a Complaint Against a Chicago Nursing Home

To report a case of elder abuse in a Chicago nursing home, call one of the following agencies:

  • Chicago Department of Family & Support Services at 312-744-4016
  • Office of Domestic Violence at 1-877-863-6338.

 

To file a complaint about Chicago nursing home abuse, call the Illinois Department of Public Health hotline at 1-800-252-4343.

 

Hiring a Chicago Nursing Home Abuse Lawyer

Hiring a personal injury lawyer is an important but difficult decision. Reach out to a Chicago nursing home abuse lawyer to talk about your situation and discuss potential legal options. At TorHoerman Law, we offer free no-obligation case consultations for all potential Chicago nursing home abuse clients – which means you can talk to a Chicago elder abuse lawyer from our firm about your case for free, with no expectation that you hire us to represent you. We will help you determine the correct course of legal action and if a Chicago nursing home abuse lawsuit is the best option.

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.

 

Filing a Chicago Nursing Home Abuse Lawsuit

When dealing with nursing home abuse, it’s important to take the proper legal and medical actions. If a loved one has suffered from injuries, seek medical treatment immediately and follow the instructions of medical personnel. Mitigating injury is a crucial part of building your Chicago nursing home abuse lawsuit.

You should also familiarize yourself with the civil litigation process so that you know what to expect of your Chicago nursing home abuse lawsuit.

After dealing with any injuries and learning more about civil litigation, your Chicago nursing home abuse lawyer will begin to gather evidence for your case including names, photos, videos, and receipts. Your lawyer will examine the evidence and facts to determine liability for injuries and damages.

Depending on the specifics of your Chicago nursing home abuse lawsuit, you may choose to make a demand for both punitive damages and compensatory damages.

Your Chicago elder abuse lawyer will fight to get you the compensation that you deserve for you or your loved one’s injuries.

 

TorHoerman Law, Chicago Nursing Home Abuse Law Firm

If you or a loved one have been a victim of nursing home abuse in Chicago or Cook County, you could be eligible for a Chicago nursing home abuse lawsuit. The TorHoerman Law team of Chicago nursing home abuse lawyers are experts at elder injury cases. We understand the trauma and stress family members deal with following a case of abuse, and we’ll work with you to navigate the ensuing legal challenges. Contact an experienced Chicago Nursing Home abuse attorney at TorHoerman today for a free consultation and to learn more about your lawsuit options. We will discuss your potential case free of charge with no obligations. We operate on a contingency fee basis, so we are as dedicated as our clients to get the best possible outcome in their Chicago nursing home abuse lawsuits.

TorHoerman Law – your Chicago nursing home abuse law firm.

 

“Abuse of Residents of Long Term Care Facilities.” NATIONAL CENTER ON ELDER ABUSE, ncea.acl.gov/NCEA/media/docs/Abuse-of-Residents-of-Long-Term-Care-Facilities-(2012)_1.pdf.

CBS. “Glenview Nursing Home Assistants Plead Guilty After Taunting Patient.” CBS Chicago, CBS Chicago, 26 Aug. 2019, chicago.cbslocal.com/2019/08/26/glenview-nursing-home-assistants-plead-guilty/.

“Elder Abuse Information.” City of Chicago:: Elder Abuse Information, www.chicago.gov/city/en/depts/fss/supp_info/elder_abuse_information.html.

“Elder Abuse Prevention.” Centers for Disease Control and Prevention, Centers for Disease Control and Prevention, 5 June 2017, www.cdc.gov/Features/ElderAbuse/.

“Federal Investigation Underway at Somerset Place.” ACLU of Illinois, 12 Jan. 2010, www.aclu-il.org/en/news/federal-investigation-underway-somerset-place.

Goguen, David, and J.d. “Nursing Home Abuse and Neglect Law: Basics.” Www.nolo.com, Nolo, 9 Apr. 2014, www.nolo.com/legal-encyclopedia/nursing-home-abuse-neglect-basics.html.

“How to Choose a Nursing Home.” National Institute on Aging, U.S. Department of Health and Human Services, www.nia.nih.gov/health/how-choose-nursing-home.

“Medicare: Nursing Home Compare.” Medicare.gov – the Official U.S. Government Site for Medicare, www.medicare.gov/nursinghomecompare/search.html.

Roe, Sam. “U.S. Rep. Bobby Rush Calls for Troubled Englewood Nursing Home to Be Shut Down.” Chicagotribune.com, Chicago Tribune, 23 May 2019, www.chicagotribune.com/news/breaking/ct-met-wentworth-nursing-home-bobby-rush-20180615-story.html.

“Who Regulates Nursing Homes?” Who Regulates Nursing Homes? | IDPH, www.dph.illinois.gov/topics-services/health-care-regulation/nursing-homes/regulation.

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When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.

When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.

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