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Chicago Nursing Home Abuse Lawyers
Holding Illinois nursing homes responsible for their actions against residents
When it's time to move our loved ones to a nursing home or care facility, we rely on the professionalism and compassion of the staff and doctors to provide a safe and loving place for the residents. Unfortunately, this is not the experience for everyone, and some patients in Chicago and across the country suffer abuse and neglect at the hands of nursing home staff.
If you believe your loved one is being neglected or abused by nursing home caretakers, Gainsberg Injury and Accident Lawyers can help. Our Chicago nursing home neglect and abuse attorneys fight for the senior citizens of Illinois when they cannot fight for themselves. We’re here to hold abusers accountable for their actions. Contact us today.
How can we help?
- What is nursing home abuse?
- What are some common forms of neglect and abuse in Chicago nursing homes?
- Bedsores in nursing homes
- What are the signs of nursing home abuse?
- What laws protect nursing home residents in Illinois?
- How can your Chicago nursing home abuse lawyers help with my case?
- What should I do if I suspect nursing home abuse in Chicago?
- What is the value of my Chicago nursing home abuse claim?
- Do you have a Chicago nursing home abuse lawyer near me?
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What is nursing home abuse?
Nursing home abuse is any intentional or negligent act by a caregiver or staff member that causes harm to a resident. That harm can be physical, emotional, financial, or psychological. There are several types of abuse that can happen in nursing homes:
Physical abuse
This includes hitting, slapping, kicking, pushing, or using unnecessary restraints. Signs of physical abuse might include:
- Bruises, cuts, or broken bones
- Unexplained injuries
- Sudden changes in behavior
- Fear of specific staff members
Emotional or psychological abuse
This type of abuse can be harder to detect, but is just as damaging. It involves yelling, threatening, humiliating, or isolating residents. Watch for:
- Depression or withdrawal
- Sudden fearfulness
- Unusual changes in mood
- Refusal to speak or communicate
Neglect
Neglect happens when the staff fails to provide basic needs like food, water, hygiene, or medical care. This is very common in understaffed or poorly managed facilities. Signs include:
- Dehydration or malnutrition
- Bedsores
- Dirty clothing or bedding
- Unclean living areas
Sexual abuse
This horrifying form of abuse includes any unwanted sexual contact or behavior. Signs may include:
- Bruising around private areas
- Sexually transmitted infections
- Panic attacks or sudden emotional trauma
Financial exploitation
This happens when someone takes advantage of a resident financially, stealing money, forging checks, or tricking them into signing legal documents. Signs include:
- Missing money or valuables
- Sudden changes in wills or accounts
- Unusual bank activity
What are some common forms of neglect and abuse in Chicago nursing homes?
Although abuse and neglect can take many forms, our attorneys see common claims from our clients. Some of these are listed below.
Bedsores
Also known as pressure sores or pressure ulcers, bedsores are not a normal side effect of getting older or living in a nursing home. These are injuries to the skin and its underlying tissue and are caused by prolonged pressure on a specific part of the body. In nursing homes, you will typically see bedsores on the heels, ankles, hips, tailbone, or wrists—all parts where skin covers the bony areas of the body. Pressure sores are typically a sign that a resident isn't receiving proper care. These injuries are completely preventable if nursing home staff ensure patients are clean, properly fed and hydrated, and repositioned consistently.
Falls
Elderly people are more likely to fall, whether they are in nursing homes or not. Mobility decreases over time, as does eyesight, which will increase the risk. However, long-term care facilities must be prepared for this by keeping hallways, common rooms and bedrooms open and de-cluttered, so there is room to maneuver a walker or wheelchair. Handrails should be installed on beds, on walls, and in the bathroom. Staff and doctors should also be monitoring what types of medications a resident is taking, in case those drugs make one drowsy or disoriented. Failure to do so could lead to a case for neglect.
Improper use of restraints
There are medically necessary times when nursing home and medical staff must use restraints on a nursing home resident for their own safety. For example, a restraint may be necessary to ensure a patient doesn't fall out of a wheelchair. However, if staff restrains a resident for prolonged periods or when it's not medically necessary, it's dangerous and unlawful. Restraints can lead to physical and mental injury, like bedsores or social isolation. Extreme cases can lead to wrongful death.
Use of chemical restraints
Nursing homes or long-term care facilities may sometimes improperly use medications to restrain or control patients. This is an extremely harmful and illegal practice. When a patient is given too much of a prescribed drug, or a drug that wasn't prescribed, it can weaken the patient's mental and physical capabilities. Chemical restraints can lead to medical conditions, mental health issues, overdoses, or death. It's important to keep an eye out for any changes in your loved one's medication list, especially with any sedatives or psychotropics.
Wandering and elopement
Nursing homes should be conducting thorough evaluations of their patients, to determine whether they are more likely to wander around the nursing home, or attempt to elope (i.e., leave the grounds). This is particularly important when it comes to residents with mobility issues or with signs of conditions like Alzheimer’s or dementia. If a nursing home fails to keep track of where its residents are, and those residents sustain injuries, then the nursing home may be held liable for neglect.
Dehydration
When someone of any age doesn't take in enough water, they're at risk for medical issues. The elderly in particular, when not provided enough fluids, can become confused, develop low blood pressure, and become delirious or unconscious. If dehydration becomes severe enough, the resident can develop seizures, swelling in the brain, kidney failure, or coma.
Malnutrition
When nursing home residents aren't fed enough, they may develop malnutrition. All of us depend on a well-balanced diet to stay healthy, but for residents with conditions like diabetes or heart disease, a good diet is imperative. Malnutrition can exacerbate an existing condition or cause new ones. Residents suffering from malnutrition may have decreased mobility or cognitive abilities, and may be unable to care for themselves.
Sexual assault
Nursing home residents can be at risk for sexual assault or abuse as they may have limited mobility or decreased cognitive or communication skills. Criminal staff members may take advantage of residents who are unable to fight back or communicate what's happened. Sexual abuse in nursing homes often goes undetected because victims may be traumatized and afraid, or because they cannot communicate due to dementia or other conditions.
Bedsores in nursing homes
Bedsores, also called pressure sores or pressure ulcers, form when there is unrelieved pressure on the skin. When untreated, they can cause serious infections and other life-threatening problems. Pressure sores happen most frequently on parts of the body where the bone is closest to the skin, like the hips, back, elbows, ankles, or heels. Nursing home residents are particularly susceptible to bedsores because they often remain sedentary in a bed or wheelchair.
Pressure ulcers are an increasingly common problem in nursing homes, and primarily occur due to improper medical care and a lack of attention. Care facilities have a responsibility to their residents to identify and treat bedsores immediately.
In nursing homes, staff must be well-educated and informed about bedsores and treat residents promptly. Bedsores are nearly always preventable with proper care, assessments, readjustments, and nutrition. Position changes should be performed as often as possible for any resident who has difficulty moving on their own.
For at-risk residents, staff should assess them at least once a day. This staff should be educated about the warning signs of bedsores, and check the resident for any signs that pressure ulcers might be developing.
Warning signs include:
- Painful or irritated skin
- Reddish or discolored skin
- Lack of blanching (lightening of skin when pressure is put on it)
- Blisters
- Open wounds
Another risk factor for developing pressure sores is improper nutrition or hydration. Nursing homes are responsible for providing their residents with nutritious food and hydration. Vitamins, minerals, and fluids all keep the skin healthy, and healthy skin is less likely to become damaged. Another common risk factor is the use of restraints on patients to keep them immobile.
What are the signs of nursing home abuse?
It may be difficult to detect signs of abuse or neglect in your loved one's nursing home. However, there are certain warning signs you can look out for. If your parent, family member, or other loved one is living in a nursing home or care facility, be vigilant of the following red flags:
- Confusion, withdrawal, or agitation. When you visit your loved one and they are often confused, withdrawn, or agitated, or they increasingly behave that way over time, there may be something amiss at the nursing home. Your loved one also might exhibit other changes, like becoming anxious, upset, quiet, afraid of being touched, or non-communicative. Investigate what is going on and why.
- Weight loss. Sudden or extreme weight loss can be a sign of malnutrition, dehydration, improper health management, or over-medication.
- Skin conditions and injuries. If your loved one consistently has dry or paper-thin skin, it could be a sign of dehydration. Rashes, bruises, or scrapes can be signs of physical abuse or lack of hygiene. And, bedsores are an obvious sign of improper care.
- Broken bones. Broken bones in the elderly are not just a part of growing old. Nursing home staff has a responsibility to ensure your loved one doesn't fall and injure themselves. If your loved one experienced one or more broken bones at their care facility, there may be issues of abuse or neglect.
- Poor hygiene. Unwashed and unkempt residents are almost always indicative of a problem. Patients who are left in their own bodily excretions, who wear the same clothes day after day, or who do not bathe regularly are definitely being neglected, but may be hiding signs of physical, emotional or sexual abuse as well.
Family members and loved ones who suspect or witness any form of nursing home abuse or neglect should report it to the proper authorities immediately. Patient safety should be the number one priority of all nursing homes, and all reports should be taken seriously and investigated. If you believe your loved one's safety is in danger, talk to a nursing home abuse attorney right away. Your loved one has rights, and we’re prepared to do everything we can to ensure that those rights are upheld, and that justice is served.
What laws protect nursing home residents in Illinois?
Illinois has strong laws to protect nursing home residents, including:
- The Illinois Nursing Home Care Act. This law outlines the rights of residents and gives families the right to sue nursing homes for abuse or neglect. It also requires facilities to maintain proper staffing and care standards.
- Federal Nursing Home Reform Act of 1987. Part of the Omnibus Budget Reconciliation Act (OBRA), it establishes a set of rights for nursing home residents nationwide.
- Adult Protective Services Act. Provides investigation and support services for seniors who are victims of abuse, neglect, or exploitation.
These laws are in place to ensure dignity, respect, and safety for every resident. When nursing homes break these laws, we work to hold them accountable.
How can your Chicago nursing home abuse lawyers help with my case?
Handling a nursing home abuse case on your own can be overwhelming, especially when you’re worried about a loved one’s safety. That’s where we come in. At Gainsberg Injury and Accident Lawyers, our team will:
- Listen to your concerns and gather details about what happened.
- Investigate thoroughly, including reviewing medical records, speaking with witnesses, and checking facility reports.
- Work with medical experts to confirm that abuse or neglect occurred.
- Hold the responsible parties accountable, whether through negotiation or in court.
- Fight for compensation to cover medical bills, relocation costs, pain and suffering, and more.
We treat you with the respect and compassion you deserve. And we don’t charge anything unless we win your case.
What should I do if I suspect nursing home abuse in Chicago?
If you believe your loved one is being abused or neglected in a Chicago nursing home, here are the steps you should take:
- Ensure your loved one’s immediate safety. If they are in danger, call 911.
- Report the abuse. Contact the Illinois Department of Public Health (IDPH) or file a complaint online.
- Document everything. Take photos of injuries, living conditions, and anything else that seems wrong. Write down what your loved one tells you.
- Talk to an attorney. A qualified Chicago nursing home abuse lawyer can help you understand your legal rights and what steps to take next.
We can help you report the abuse to the right authorities and guide you through every step of the legal process.
What is the value of my Chicago nursing home abuse claim?
When you file a nursing home abuse or neglect claim, you may be entitled to compensation for:
- Medical expenses related to injuries or treatment
- Relocation costs, if your loved one needs to be moved to a safer facility
- Pain and suffering, for their physical and emotional trauma
- Loss of enjoyment of life, if the abuse affected your loved one’s quality of life
- Punitive damages, in cases of especially cruel or reckless behavior
In cases involving death, surviving family members may be able to file a wrongful death lawsuit.
Do you have a Chicago nursing home abuse lawyer near me?
Gainsberg Injury and Accident Lawyers is located at 77 W Washington Street, Suite 1215, right in The Loop neighborhood in downtown Chicago. There are two bus stops right near us if transportation is an issue.
Call an experienced Chicago nursing home neglect attorney for help
It is devastating to put your trust in a long-term care facility, only to find out they have violated that trust by causing your loved one harm. At Gainsberg Injury and Accident Lawyers, we represent the rights of nursing home abuse and neglect victims throughout the Chicago area. Our attorneys pursue the full amount of compensation your family deserves. Get in touch with us through our contact form or by calling our offices to schedule a consultation.
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