Placing a family member in a nursing home is one of the most challenging decisions a person will ever have to make. Unfortunately, in many instances, this is the only way to ensure that elderly loved ones receive the care and support they need. While most nursing homes in the Chicago area provide the highest quality of care, that is not always the case.
Nursing home staff members are sometimes negligent, and that can lead to the patients in their care being seriously injured. In the worst cases, these staff members are even abusive. Anyone who has seen a loved one become injured in a nursing home should speak to a Chicago nursing home abuse attorney right away for help.
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Types of Nursing Home Neglect and Abuse
Tragically, there are many types of nursing home abuse and neglect. The most common injuries that result from elder abuse and neglect include the following:
Sepsis: Sepsis is the body’s reaction to infections, and it is extremely common in Illinois nursing homes. Sepsis occurs when the body reacts to an infection and works against itself. Sepsis can lead to tissue and organ damage and even wrongful death.
Bedsores: These sores indicate that a patient has been restrained to a bed or chair for an extended period. Nursing home caregivers may forget to move the patient or may simply leave the patient in one place as a form of discipline, which is abuse.
Falls, fractures, and other severe injuries: When a loved one has injuries such as fractures from a fall that the staff cannot satisfactorily explain, it is an indication that abuse is likely a factor.
Malnutrition and dehydration: Nursing home employees ensure patients are continuously properly fed and hydrated. They can be held accountable when they refuse access to food or do not try to get patients to eat.
Life-threatening injuries: Nearly any injury an elderly person sustains has the potential to become life-threatening. Broken hips, other fractures, and even illnesses that are left untreated or that do not have a satisfactory explanation are all indications of nursing home abuse.
Choking: The elderly generally have weak muscles and other physical issues that make choking a real danger. Staff members must take appropriate measures, such as cutting food into small bites and serving soft food, to mitigate the risk of choking.
Oxygen deprivation: Some nursing home residents rely on breathing tubes to live. When these tubes become clogged, it can result in suffocation, brain damage, and even death.
Sexual assault: No one wants to consider that sexual assault occurs in nursing homes, but unfortunately, it occurs far too often. The victims of this type of abuse often have medical issues that make it difficult for them to talk about the abuse or even remember it happened.
Financial exploitation: This type of abuse can include outright stealing from a patient’s wallet or room or convincing an elder to sign over a check to a nursing home staff member.
Many nursing homes are notoriously understaffed, which can be a direct cause of any of the injuries listed above. However, understaffing is no excuse for neglect or abuse that leads to injury or even death. Whenever a nursing home resident is hurt in any way, they or their loved ones should speak to a Chicago nursing home lawyer.
What are the Signs of Nursing Home Abuse or Neglect?
One of the first signs of nursing home negligence is when a resident’s behavior or personality changes or when there is regular tension between the elder and his or her caregiver. Anyone who suspects that caregivers are abusing an elder should look for these additional signs:
- Unexplained injuries, such as broken bones
- Bruises, scars, or welts
- Medication that is not taken properly
- Marks on an elder’s wrist or ankles that indicate restraint
- Broken eyeglasses
- Caregivers refuse to allow the elder to be alone with another person
- Caregivers who seem controlling, threatening, or belittling
- STDs and genital infections that are not explained
- Stained or torn undergarments
- Unsafe living conditions, such as faulty heat or fire hazards on the property
- Signs of inadequate hygiene, including dirty clothes, dirty fingernails, soiled bedding
- Bedsores
- Sudden weight loss
- Dry skin, from dehydration
- Sudden changes in the elder’s financial situation
- Withdrawals from the elder’s bank account that are not adequately explained
- Changes in the elder’s estate plan
Any time loved ones notice these signs of abuse or neglect, they should speak to a Chicago attorney who can help.
What do I do if I Suspect Abuse or Neglect?
It is easy to become angry and upset if you suspect a loved one is a victim. It is extremely important to remain calm and take the following steps.
- Call 911 if your loved one is in immediate danger and you need help moving them out of the facility.
- Speak privately to your loved one and ask if they are hurt, threatened, or neglected.
- Speak to nursing home staff members about your concerns and ask what happened.
- Understand the rights of your loved one, including the right to privacy, dignity, respect, and a comfortable environment.
- File a complaint with the Illinois Long Term Care Ombudsman.
- Document everything by taking pictures of injuries, saving copies of medical documents, and journaling about your experience and your loved one’s experience.
- If your loved one can remain home, ask the facility to correct the deficiencies and remain a regular presence.
After filing a complaint, it is important to speak to a Chicago nursing home abuse lawyer who can help you through the rest of the steps and help your loved one recover damages.
What Can an Attorney Do to Help My Loved One and Me?
Going up against nursing homes and their insurance companies on your own is a difficult thing to do. Nursing home abuse lawyers will be of immense help and will assist with your case in the following ways:
- Gather information, including witness statements and medical records
- File the case in a timely manner and notify the defendants
- Apply federal and state nursing home laws to ensure the case is filed properly
- Refute claims from the nursing home and its defense lawyers
- Collect and organize information during discovery
- Negotiate with the other side to secure a fair settlement
- Represent you in a trial, if necessary
A lawyer will understand how to file a complaint and the personal injury claim process. Working with an experienced nursing home injury lawyer will give you the best chance of a favorable outcome.
What Rights Do Nursing Home Residents Have?
The Nursing Home Care Act provides nursing home residents with several rights. While in nursing homes, all residents have the right to:
Personal & Civil Rights
- Freedom of religion and the right to vote
- Manage personal financial affairs
- Wear own clothing and keep personal belongings
- Privacy in communications, visits, and mail
Medical & Health Rights
- Choose and see personal doctor
- Access and copy medical records
- Clear information about diagnosis, treatment, and prognosis
- Refuse medication (unless dangerous to others)
- Be free from restraints except by physician’s order
Information & Advocacy
- Learn about applying for Medicaid
- Receive information on spousal impoverishment rules
- Voice complaints without fear of retaliation
- Meet privately with an attorney, ombudsman, or social worker
Living & Family Rights
- Live with spouse unless medically necessary otherwise
- Access to phones and mailing facilities at reasonable hours
- Be discharged from the facility upon request
When any of these rights are violated, it is important to speak to a Chicago nursing home abuse lawyer.
What Does Neglect Mean in a Nursing Home?
Nursing home neglect occurs when a patient receives substandard care or a caregiver breaches their duty to a resident, resulting in patient harm. Elder neglect can take many forms, including neglect of nursing home staff, abandonment, or even self-neglect. Self-neglect occurs when nursing home residents refuse to care for themselves adequately or are incapable of caring for themselves, and the nursing home staff members do not assist with that care.
What Does Exploitation Mean in a Nursing Home Setting?
Nursing home exploitation occurs when caregivers take advantage of residents for their own gain through the use of coercion, intimidation, manipulation, or threats. For example, a caregiver may deceive a resident into signing a will, check, or other document that grants the caregiver more authority than they currently have or benefits them financially. Nursing home exploitation is typically considered financial abuse.
What Does Abuse Mean in a Nursing Home?
While neglect is the failure to provide the proper standard of care and can result in ignoring nursing home residents, abuse is much more direct. Abuse is a deliberate act that causes the resident physical harm, mental anguish, or pain of any kind. The four main types of abuse are verbal, physical, sexual, and mental.
Many common forms of abuse take place in nursing homes. Some of the most common include roughly handling the residents, withholding care or assistance, isolating residents, yelling at or restraining residents, and taking photographs or recordings of residents that are intended to demean or humiliate them.
What Happens When a Nursing Home Violates Illinois Laws?
All Illinois nursing homes are expected to comply with state laws. Whenever a nursing home violates these laws, the residents or their loved ones can file a complaint with the Illinois Department of Health or the Illinois Long Term Care Ombudsman. These government bodies will conduct an investigation, levy penalties for the violation, and ensure that the issue does not arise again. Unfortunately, this is of little help to the resident who suffered and does not assist an injured resident in recovering any resulting damages.Â
To do this, nursing home residents and their loved ones can file a personal injury claim to secure the compensation they deserve. The claims process is long and complex, and anyone who wishes to file a claim against the nursing home or their insurance company should speak to a nursing home abuse attorney in Chicago, IL.
What Happens After I File a Nursing Home Complaint?
After filing a formal complaint, the government body that received the complaint will conduct an investigation. Depending on the nature of the complaint, they may or may not remain in touch with you while the investigation is ongoing. You do not have to wait until the government’s investigation is completed to file a personal injury claim.
How Long Do I Have to File a Nursing Home Lawsuit?
The Illinois statute of limitations gives you two years from the date of the abuse or neglect, or from the date you discovered the abuse or neglect, to file your claim. If you do not file a lawsuit within this time, you will likely forfeit your right to compensation.
What Damages Can a Person Recover in a Nursing Home Abuse or Neglect Case?
Many damages or losses must be recovered in a nursing home abuse or neglect case. The most common of these include:
- Medical expenses
- Medication costs
- Transportation costs to and from doctors’ offices
- Therapy or counseling
- Loss of quality of life
- Pain and suffering
- Mental anguish
After reviewing a case, a lawyer can advise on the full damages available.
Our Chicago Nursing Home Abuse Attorneys are Here to Help
If you or a loved one has been the victim of nursing home abuse or neglect, call our Chicago nursing home abuse attorneys at Blumenshine Law Group. We know how to hold these facilities and their insurance companies accountable for providing the compensation you and your family need. Contact us online today to schedule a free case evaluation, or call us at (312) 766-1000 or email [email protected] for the immediate help you need.