Illinois Nursing Home Abuse Attorney
Every year, thousands of seniors are injured or killed as a result of nursing home abuse and neglect. Some of these injuries result from physical abuse, while others result from neglect or mental health issues.
We have seen firsthand the devastating effects that nursing home abuse and neglect can have on a family. While reclaiming your life and the life of your loved one is the ultimate goal, monetary compensation can help alleviate some of the financial burden placed on you.
Hess Injury Law has represented many victims of nursing home abuse and neglect, and we have a proven track record of success. If your loved one has been injured or killed as a result of nursing home abuse or neglect, we want to help.
Contact us today for a free, no-obligation consultation. We will review your case and help you understand your legal options.
Are Your Loved One's Rights Being Violated in a Nursing Home?
If you have a loved one in a nursing home, it’s important to know their rights. Nursing home residents have the right to:
If you believe that your loved one’s rights are being violated in any way, it’s important to speak up.
Nursing Home Abuse and Neglect
Nursing home abuse and neglect can take many forms. It can be physical, emotional, or sexual abuse. It can also be financial exploitation or neglect.
Physical abuse is any type of intentional harm that is inflicted on a nursing home resident. This can include hitting, slapping, kicking, biting, or burning.
Emotional abuse is any type of behavior that causes mental or emotional anguish. This can include verbal harassment, threats, or isolation.
Sexual abuse is any type of sexual contact that is forced or unwanted. This can include rape, groping, or unwanted touching.
Financial exploitation is the unauthorized use of a nursing home resident’s money or property. This can include stealing cash, using a credit card without permission, or forging a signature.
Neglect is the failure to provide the basic necessities of life, such as food, water, shelter, or medical care.
What to Do If You Suspect Nursing Home Abuse or Neglect
If you suspect that your loved one is the victim of abuse or neglect, it’s important to take action. The first step is to contact the Illinois Department of Public Health at 1-800-252-4343.
You should also contact an Illinois experienced nursing home abuse and neglect attorney. Hess Injury Law has represented many victims of nursing home abuse and neglect, and we can help you navigate the legal process.
When you contact us, we will:
If you suspect that your loved one is being abused or neglected, don’t hesitate to contact Hess Injury Law today.
Proving Nursing Home Abuse and Neglect
Some common signs and symptoms of physical abuse and neglect include:
Signs of emotional abuse and neglect can be more difficult to spot, but may include:
Signs of sexual abuse and neglect can include:
Who is Responsible for Nursing Home Abuse and Neglect?
Many different people can perpetrate nursing home abuse and neglect. It can be committed by the nursing home staff, other residents, or visitors. In some cases, it may even be committed by the nursing home owner or operator.
Below, we will discuss some of the most common perpetrators of nursing home abuse and neglect.
Nursing Home Staff
The nursing home staff is responsible for the care and well-being of the residents. This includes providing basic necessities, such as food, water, shelter, and medical care. It also includes protecting the residents from physical, emotional, and sexual abuse.
Unfortunately, nursing home staff members are not always up to the task. In some cases, they may be understaffed or overworked. This can lead to negligence and even intentional abuse.
In some cases, nursing home abuse and neglect may be perpetrated by other residents. This is most common in facilities that are overcrowded or understaffed.
Visitors like family members or friends can also be perpetrators of nursing home abuse and neglect. In some cases, they may take advantage of a resident’s vulnerability. In other cases, they may be acting on behalf of the nursing home staff.
Nursing Home Owners and Operators
Nursing home owners and operators are responsible for the care and well-being of the residents. This includes hiring qualified staff, providing adequate resources, and maintaining a safe environment.
If the nursing home owners or operators fail in their duties, they may be liable for any resulting abuse or neglect.
Compensation for Nursing Home Abuse and Neglect Victims
You may be entitled to compensation if you or a loved one has been the victim of nursing home abuse or neglect. This can include damages for pain and suffering, medical bills, lost wages, and more.
You may also be able to recover punitive damages. These are designed to punish the nursing home and deter future misconduct.
Illinois Elder Abuse Claim Process
You need to take a few crucial steps if you believe your elderly loved one has been abused in a nursing home facility. The first step is always to remove your loved one from the facility to ensure their safety, and then you should contact an experienced attorney.
Once you’ve taken those steps, you should be aware of a few key elements of the claim process.
1) Filing a Complaint with the Illinois Department of Public Health
The first step in the process is filing a complaint with the Illinois Department of Public Health (IDPH). The IDPH is responsible for investigating complaints of nursing home abuse and neglect in the state of Illinois.
To file a complaint, you can contact the IDPH at 1-800-252-4343. You will need to provide your contact information and the nursing home’s contact information. You will also need to describe the abuse or neglect that you’re alleging.
2) Investigating Your Complaint
Once your complaint is received, the IDPH will begin an investigation. This will typically involve interviews with you, your loved one, and witnesses. The IDPH may also review records from the nursing home.
If the IDPH finds evidence of abuse or neglect, they will take action to protect your loved one. This may include ordering the nursing home to make changes, issuing fines, or revoking the facility’s license.
3) Filing a Civil Lawsuit
If you believe your loved one has been the victim of nursing home abuse or neglect, you may also have the option to file a civil lawsuit. This is a separate process from the IDPH complaint process.
A civil lawsuit will allow you to seek compensation for the injuries your loved one has suffered. This can include damages for pain and suffering, medical bills, lost wages, and more. You may also be able to recover punitive damages.
We have extensive experience handling nursing home abuse and neglect cases at Hess Injury Law. We will fight tirelessly to get you adequate compensation.
How to Prevent Nursing Home Abuse and Neglect
The best way to prevent nursing home abuse and neglect is to be involved in your loved one’s care. This means regular visits to the nursing home and a close relationship with the staff.
It’s also important to be aware of the signs and symptoms of abuse and neglect. Don’t hesitate to speak up if you notice anything that makes you concerned.
If you have any concerns about the way your loved one is being treated, don’t hesitate to contact Hess Injury Law. We can help you understand your legal options and take action to protect your loved one.
Hess Injury Law – Nursing Home Abuse Lawyers in Illinois
If you believe your loved one has been the victim of nursing home abuse or neglect, it’s important to act quickly. We are here to help you through this difficult time. We will fight tirelessly to get you the justice you deserve.
Contact us today for a free consultation.
Frequently Asked Questions about Nursing Home Abuse and Neglect
Abuse in a care home setting can take many forms, but all abuse is characterized by some type of intentional action that harms the victim. Examples of abuse include physical violence, sexual assault, emotional abuse, financial exploitation, and neglect.
The most common signs of nursing home abuse include sudden changes in mood or behavior, withdrawal from social interactions, physical injuries, sexually transmitted diseases, and changes in financial status.
If your loved one has been the victim of nursing home abuse, you may be able to file a civil lawsuit against the abuser and/or the nursing home. A civil lawsuit can help you recover compensation for the injuries your loved one has suffered, as well as punitive damages.
Fiduciary abuse is a type of elder abuse that occurs when someone who has been entrusted with the care of an elderly person, such as a nurse or family member, uses their position to exploit the victim financially.
Self-neglect is a type of elder abuse that occurs when an elderly person fails to take care of their basic needs, such as food, shelter, and personal hygiene. Self-neglect can be the result of a mental or physical disability, cognitive impairment, or other factors.
Emotional abuse is a type of elder abuse that refers to any type of verbal or nonverbal behavior that causes emotional pain or distress. Examples of emotional abuse include yelling, name-calling, intimidation, and isolation.
In a nursing home abuse lawsuit, the abuser and/or the nursing home may be required to pay for the victim’s medical expenses, pain and suffering, and other damages.
In Illinois, the statute of limitations for filing a nursing home abuse lawsuit is two years from the date of the abuse. However, if the victim dies as a result of the abuse, the family has one year from the date of death to file a wrongful death lawsuit.
Some common defenses to nursing home abuse lawsuits include contributory negligence, assumption of risk, and statute of limitations.
If your loved one has died as a result of the abuse, you may be able to file a wrongful death lawsuit against the abuser and/or the nursing home.
Most nursing home abuse lawyers work on a contingency fee basis, which means they only get paid if you win your case. Contingency fees are usually a percentage of the total amount of damages you are awarded.