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Chicago Nursing Home Abuse and Neglect Lawyers
Holding Illinois nursing homes responsible for failing to protect their 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. Some patients in Chicago suffer physical abuse, emotional abuse, sexual 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 and disabled residents of Illinois when they cannot fight for themselves. We hold nursing homes accountable for failing to protect your loved ones.
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What types of abuse and neglect claims do your Chicago nursing home lawyers handle?
At Gainsberg Injury and Accident Lawyers, we handle all types of nursing home abuse and neglect.
The Illinois Nursing Home Care Act defines abuse as “any physical or mental injury or sexual assault inflicted on a resident other than by accidental means in a facility.” Neglect means:
“A facility's failure to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living that is necessary to avoid physical harm, mental anguish, or mental illness of a resident.”
The U.S. Centers for Disease Control and Prevention (CDC) defines abuse of the elderly (most nursing home residents are elderly) as follows:
- Physical abuse. This type of abuse includes hitting, slapping, burning, kicking, or pushing a resident. The improper use of physical or chemical restraints is a form of abuse.
- Sexual abuse. Sexual abuse occurs when there is nonconsensual contact of any type. Sexual harassment is a form of sexual abuse. The perpetrators of sexual abuse may include management, staff members, anyone with access to the nursing home, and even other residents. Residents with cognitive disorders such as dementia are often targets (and perpetrators) of sexual abuse.
- Mental/emotional/psychological abuse. This type of abuse includes verbal and nonverbal actions that are meant to punish, control, or cause fear in a resident. Examples include insults, humiliation, name-calling, isolation, and other conduct.
- Financial abuse. This type of abuse involves stealing or the improper use of money, credit, powers of attorney, and will provisions.
Sadly, many abuse victims are afraid to complain or are unable to complain.
What types of injuries do nursing home residents suffer due to abuse or neglect?
Our Chicago nursing home abuse and neglect lawyers handle the following types of nursing home injury claims:
- 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 actually 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. These injuries are completely preventable if nursing home staff ensure patients are clean, properly fed, 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 of a fall. 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.
- 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 worsen an existing condition or cause new disorders. Residents suffering from malnutrition may have decreased mobility or cognitive abilities and may be unable to care for themselves.
- Improper use of restraints. There are medically necessary times when nursing homes 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 restrain a resident for prolonged periods of time 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.
- Infections. According to the S. National Institutes of Health (NIH), more than 1.5 million people live in U.S. nursing homes, experiencing an average of 2 million infections a year. Infections are associated with higher death rates, extended health stays, and substantial healthcare costs. Common infections in Chicago nursing homes include respiratory infections, urinary tract infections, and skin infections.
- Failure to treat stroke symptoms. Nursing home staff and medical providers should understand the symptoms of stroke and arrange for immediate emergency medical treatment. Many strokes can be treated, provided clot-busting drugs are used within several hours of the onset of the symptoms.
- Wandering and elopement. Nursing homes should conduct thorough evaluations of their patients to determine whether they are more likely to wander around the nursing home or attempt to elope (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.
What are the signs and symptoms of nursing home abuse or neglect?
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 a 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 have 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, and may be hiding signs of physical, emotional, or sexual abuse as well.
Warning signs of bedsores include pain or irritated skin, lack of blanching (lightening when pressure is put on the skin), red or discolored skin, blisters, and open wounds.
Patient safety should be the number one priority of all nursing homes, and all reports should be taken seriously and investigated. 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. Residents and caring family members can contact the local Illinois Long Term Care Ombudsman Program (LTCOP) if they believe symptoms aren’t being properly treated.
Why does nursing home abuse and neglect occur in Chicago?
The Analysis Report of Nursing Homes in Illinois provides data on the best and worst nursing homes in Illinois, including some in Chicago.
Nursing home abuse and neglect can happen anywhere. Some of the reasons for nursing home abuse include the following:
- Understaffing
- Failing to conduct background checks of new employees
- Failing to investigate reports of nursing home abuse and to take disciplinary actions when abuse does occur
- Failing to implement policies and procedures for the prevention, monitoring, and reporting of nursing home neglect and abuse
- Failing to work with experienced and competent healthcare professionals
- Not informing residents of their rights
- Not respecting and honoring the rights of nursing home residents
Nursing homes are generally responsible for the actions of their employees and residents, and for failing to control access to their facilities.
How much is a nursing home resident’s personal injury claim worth in Illinois?
For many nursing home residents, each day is precious. At Gainsberg Injury and Accident Lawyers, our personal injury lawyers demand compensation for the following harm that residents of nursing homes suffer:
- The medical expenses (of every nature) to restore or maximize a resident’s health
- The resident's physical pain and emotional suffering
- The inability to enjoy life’s pleasures
- Any loss of bodily function
- Wrongful death damages if the abuse or neglect is fatal
We may also seek punitive damages for unconscionable conduct.
What rights do nursing home residents have in Illinois?
All nursing home residents have specific rights that are set forth in Illinois law and federal law. The failure to respect these rights can justify a legal claim against the nursing home. These rights include the right to:
- Services for quality physical and mental health.
- Be free from physical, emotional, sexual, or financial abuse.
- Make decisions about the resident’s healthcare.
- Manage their money.
- Information about fees and services.
- Medicare and Medicaid information.
- Stay in the facility unless certain conditions apply.
- Be treated with respect.
- Participate in activities and resident groups.
- Be free from discrimination.
- Be free from restraints.
- Make complaints.
- Notify representatives.
- Proper living arrangements.
- Visit with family and friends.
- Have family and friends be involved in your care.
Do you have a nursing home abuse and neglect lawyer near me?
Gainsberg Injury and Accident Lawyers is located at 77 W Washington Street, Suite 1215, right in downtown Chicago. You can easily reach our office by bus. We can make arrangements to meet nursing home residents at their nursing home or a family member’s home when necessary. Our Chicago nursing home lawyers also consult with patients by phone and through online video platforms.
Our team will answer your questions and guide you through the claims process.
Talk with our respected Chicago nursing home abuse and neglect attorneys now
We understand how traumatic and frightening any type of abuse or neglect of a nursing home resident is. At Gainsberg Injury and Accident Lawyers, we have the experience and working relationships to show why nursing homes should be liable for your loved one’s injuries or the tragic death of a loved one. Call us or use our contact form to schedule a free consultation.
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