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Frequently Asked Questions

This depends on your situation and your nursing home abuse lawyer will be able to give you a more concise answer after reviewing your case. In some cases, the plaintiff chooses to file a claim against one or the other while, in other cases, both the nursing home and the employee(s) are named defendants in a nursing home abuse lawsuit.

At TorHoerman Law, we work on a contingency fee basis which means you do not owe us anything unless we win. There are no out-of-pocket or upfront costs.

What Is Considered Nursing Home Abuse?

Every year, thousands of seniors suffer from abuse in nursing homes and senior care facilities. Cases include both individual instances and repeated patterns of abusive behavior by staff. As defined by the United States Department of Health and Human Services, elder abuse 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

 

Signs of Nursing Home Abuse

It’s not always easy to detect nursing home abuse in an Edwardsville nursing home. Nursing home staff can intimidate residents into not speaking out, and some signs are just not obvious. While each case is different, there are common signs of Edwardsville nursing home abuse to look for:

unexplained injuries, burns, or bruises; excessive use of healthcare services

fearful behavior, anxiety, or unexplained mood or personality changes; fear of interacting with caretakers; withdrawal from friends and family

sexually transmitted diseases or infections; genital or anal injuries; unexplained injuries or bleeding

substandard hygiene; signs of malnourishment; skin ulcers or bedsores; unattended medical needs

inadequate medical and personal care; dirty clothing or bedding; unclean living conditions

unpaid bills; sudden changes in the living situation; missing property; unexplained asset depletion, or financial changes

Nursing Home Abuse Facts

Nursing home abuse is a public health problem. Victims are often targeted because of their inability to resist or speak out. Many victims of nursing home abuse suffer from Alzheimer’s or dementia and are unaware of what is happening.

Nursing home victims often suffer repeated cases of abuse and mistreatment. Seniors in nursing homes are often isolated and vulnerable, and many cases of nursing home abuse go unreported. Major risk factors for elder abuse in nursing homes are isolation, depression, dementia, a history of mental illness, physical impairments, and substance abuse problems.

 

Examples of Nursing Home Abuse in Edwardsville Area

There are numerous allegations of Madison County nursing home abuse and negligence. Notable cases include:

According to The Telegraph, the family of a deceased former resident alleged that staff members failed to prevent him from falling and suffering a fatal brain injury. The suit alleged that the home failed to ensure proper installation, use, and/or maintenance of the resident’s bed rails. The suit accused Rosewood Care Center of several acts of negligence. Rosewood was also cited for violations in 2018 by the Illinois Department of Public Health.

Records show that the Granite City nursing home received a type “A” Nursing Home Care Act violation for failure to ensure that oxygen therapy and saturation monitoring were provided as prescribed. Granite Nursing also received two types “B” violations for failure to provide supervision, safe transfers, a fall prevention plan, and appropriate catheter care.

The estate of a former resident of the Glen Carbon nursing home filed suit, citing 36 allegations of failures by facility operators. The suit claimed the facility failed to monitor the resident’s food intake, hydration, temperature, fever, vital signs, blood sugar levels, and falls.

Edwardsville Nursing Home Regulations & Inspections

All Edwardsville and Glen Carbon nursing homes must meet mandatory state standards. These regulations are set to ensure that nursing homes provide safe, high-quality care for residents. State survey teams inspect nursing homes to evaluate the facilities and their staff, procedures, equipment, policies, and finances.

Which Agencies are Responsible for Regulating Edwardsville Nursing Homes?

Edwardsville nursing homes are regulated, licensed, inspected, and certified by numerous public and private agencies. This includes the Illinois Department of Health and the U.S. Department of Health and Human Services’ Centers for Medicare Services. Many Edwardsville facilities are also members of national accreditation organizations, such as the Joint Commission on Accreditation of Healthcare Organizations, that assess facility standards of care independently.

The Centers for Medicare and Medicaid Services require further state inspection for any senior care facilities that receive government funding. Facilities that do not pass inspection cannot be state-certified. When looking for an Edwardsville senior care facility, ask for up-to-date inspection reports and certifications. For additional information about finding an Edwardsville Medicare-certified nursing home or an Edwardsville Medicaid-certified nursing home, visit the official Medicare website.

 

How Often Are Edwardsville and Glen Carbon Nursing Homes Inspected?

Illinois nursing homes are inspected at least once every 15 months. The state average for inspections is once every 12 months. Care facility inspections are conducted at random, and regulation schedules shift year to year to make it difficult for facility staff to anticipate them. Nursing homes with frequent complaints and poor evaluation results are inspected more frequently.

 

How Do I File a Complaint Against an Edwardsville Nursing Home?

To report a case of elderly abuse in Madison County, call Illinois’ Elder Abuse Hotline at 866-800-1409 or the Southwestern Illinois Visiting Nurses Association at 800-252-4343. The Madison County Sherriff’s Office takes complaints at 618-692-4433 or at the Anonymous Tip-Line at 618-692-4433. For more information, visit Madison County Elder Abuse Reporting.

 

Filing an Edwardsville Nursing Home Abuse Lawsuit

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

With any case of nursing home abuse, it’s important to seek medical care and take legal action. If a loved one has suffered from injuries, seek medical treatment right away and follow the instructions of medical personnel. This will help recovery, and it’s crucial in mitigating injuries to build your injury case.

After handling any injuries, contact an Edwardsville nursing home abuse lawyer. They will help determine if an Edwardsville nursing home abuse lawsuit is the best course of action. Illinois statute of limitations limits the time you have to take legal action, so contact an Edwardsville nursing home abuse lawyer as soon as possible after you are aware of the incident(s).

Gather evidence for your case including any involved names, photos, videos, and receipts. Your Edwardsville nursing home abuse attorney will examine the facts and evidence to determine who is liable for injuries and damages.

The statute of limitations window is dependent on the specific nature of the abuse case (medical malpractice, wrongful death, etc) and injuries incurred.

After you have hired an Edwardsville nursing home abuse lawyer, you and your attorney will need to begin assessing damages that you or your loved one incurred as a result of the alleged abuse. In many instances, individuals who have suffered systematic abuse will choose to list both punitive damages and compensatory damages suffered from the incident.

Your Edwardsville nursing home 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 the damages that you have incurred.

 

Hiring an Edwardsville Nursing Home Abuse Lawyer

Hiring a personal injury lawyer is a major decision, so you should look for an experienced Edwardsville nursing home abuse lawyer to represent you or your loved one.

At TorHoerman Law, we have a team of Illinois and Missouri lawyers who are experts in elder abuse cases. We understand that dealing with nursing home abuse can be traumatic and stressful. We will work to establish an attorney-client relationship built on trust and will help you navigate your case and any legal issues. Our law office represents clients across the St. Louis area and Southern Illinois. We operate on a contingency fee basis for all Edwardsville nursing home abuse cases. Contact an experienced Edwardsville nursing home abuse lawyer at TorHoerman today for a free initial consultation and to learn more about our legal services.

 

“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.

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

Elder Abuse Reporting, Madison County, www.co.madison.il.us/departments/sheriff/sheriffElder/hotline.php.

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.

Intelligencer, The. “Madison County Nursing Homes Cited for Serious Violations.” The Edwardsville Intelligencer, Edwardsville Intelligencer, 25 Jan. 2019, www.theintelligencer.com/news/article/Madison-County-nursing-homes-cited-for-serious-13562590.php.

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

Schmidt, Sanford J. “Glen Carbon Nursing Home Patient Died Suffering from at Least 8 Conditions, Suit Claims.” The Edwardsville Intelligencer, Edwardsville Intelligencer, 25 July 2019, www.theintelligencer.com/news/article/Glen-Carbon-nursing-home-patient-died-suffering-14136270.php.

Schmidt, Sanford J. “Suit Claims Alton Care Center Was Negligent in Reverend’s Deadly Fall.” Alton Telegraph, Alton Telegraph, 10 Dec. 2019, www.thetelegraph.com/news/article/Suit-claims-Alton-care-center-was-negligent-in-14894558.php.

“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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