Nursing Home Negligence

When nursing home residents suffer abuse or neglect, their loved ones can experience a range of emotions, from shock and confusion to anger. At Kasan Law, our Chicago and Illinois nursing home abuse and negligence attorneys understand what people go through when they discover their loved one was abused or neglected in a nursing home.

We offer free consultations and case reviews to understand the situation and determine whether legal action against those responsible for your loved one’s abuse or neglect is viable. If a claim exists, we will begin by thoroughly investigating the matter to pursue compensation for all of the damages your loved one has suffered.

Why Nursing Home Abuse and Negligence Happens

There are many reasons why nursing home abuse and negligence happens. These are some of the most common reasons:

• Hiring staff members who are unqualified: This includes staff members who lack the necessary education for their position or do not satisfy state or federal requirements. Some facilities hire staff members with a documented history of abusing or neglecting residents or did not pass a background check.

• Poorly training staff members: This can be almost as important as reviewing a staff member’s qualifications. Even if someone has the right degrees and passed a background check, they still need to be trained on the different aspects of their job. When this does not happen, it opens the door to many forms of abuse and neglect, such as improperly administering medications and physical abuse of disabled residents.

• Understaffing: This is one of the most common forms of negligence in nursing homes. Understaffing makes it difficult for the staff members that are there to provide the care and attention residents need and are entitled to under the law. Staff members in these facilities are often overworked, leading them to lash out at unruly or uncooperative residents. If your loved one was abused or neglected, there is a good chance it was caused by understaffing. 

Elder abuse and neglect is a violation of your loved one’s rights, and the responsible parties should be held accountable.

Determine the Role of Negligence

The goal of a nursing home abuse and neglect case is to obtain compensation by proving that your loved one was abused or neglected because of some form of negligence. In other words, we need to show that staff members failed to exercise reasonable care to prevent your loved one from being hurt.

Our Chicago and Illinois nursing home abuse attorneys will work tirelessly to discover any signs of negligence that contributed to your loved one’s abuse.

Types of Nursing Home Abuse and Neglect

Nursing home abuse is generally classified into five different categories. Our attorneys are prepared to handle cases involving many types of abuse that fall under these categories:

Neglect

This occurs when a caretaker or medical professional does not provide the requisite standard of care a resident is entitled to and deserves. Common examples of neglect include failing to:

• Clean a resident’s room to help ensure good personal hygiene
• Move patients who are unable to move, which can result in bedsores
• Administer medication when it is needed
• Remove obstacles that can cause slip and fall accidents
• Take care of residents’ hygiene, including bathroom hygiene

Physical Abuse

Although the definition of physical abuse in a nursing facility varies depending on location, it is generally defined as a caretaker using excessive force that results in bodily harm or pain and suffering in the nursing home resident.

Here are some examples of physical abuse:

• Hitting
• Punching
• Kicking
• Shoving
• Burning
• Shaking
• Restraining a resident so tightly that it causes an injury

Sexual Abuse

Nursing home sexual abuse and assault happens when an individual engages in a non-consensual sexual act with a resident. This could include rape, sexual gestures or jokes, pictures of residents in compromising positions, or sexual harassment.

Psychological or Mental Trauma

This type of abuse can happen through both verbal and nonverbal behavior. Any action that knowingly causes emotional anguish to a resident can be considered psychological abuse, including verbal assaults, bullying, and subjecting a resident to isolation or silent treatment.

Other forms of psychological or mental abuse may include:

• Making a resident perform demeaning activities
• Denying a resident their medication

Financial Abuse

This is defined as the unauthorized use of a resident’s assets, including cash and bank accounts. Some examples of this form of abuse include:

• Stealing money
• Convincing a resident to sign over power of attorney
• Opening credit cards in the resident’s name
• Cashing checks without the resident’s consent

Signs of Nursing Home Abuse and Neglect

There are numerous signs of abuse or neglect that you should be on the lookout for because your loved one might be too afraid to tell you or unable to

explain their situation. Some common signs of nursing home neglect and abuse are:

• Poor nutrition
• Dehydration
• Bedsores
• Bruises
• Depression
• Infections
• Scars your loved one cannot explain
• Anxiety around nursing home staff members
• Injuries from a fall

Nursing Home Neglect and Abuse Damages

A Chicago and Illinois nursing home abuse and neglect lawyer can help determine the various damages that might be recoverable, such as:

Economic Damages are any damages with a defined monetary value, such as:

• Bills for your loved one’s stay in the hospital
• Emergency transportation to the hospital
• Medical testing, such as x-rays or MRIs
• Physical therapy services
• Cost of visits to the doctor
• Equipment, like wheelchairs, canes or crutches
• Reasonable attorneys’ fees for pursuing your case
• Prescription drugs
• Repairing or replacing your loved one’s damaged personal property

Economic damages are more straightforward to calculate than others because receipts and bills often accompany the calculations.

Non-Economic Damages is another type of damages in a nursing home abuse and neglect case because they do not have a defined monetary value. In other words, there are no receipts or bills for these damages. Some examples of non-economic damages your loved one may have experienced include:

• Physical pain and suffering
• Emotional suffering, including depression, anxiety, and trouble sleeping
• Physical impairment
• Disfigurement
• Loss of enjoyment of activities he or she used to enjoy
• Inconvenience

When our Chicago and Illinois nursing home abuse and neglect lawyers are determining the value of economic and non-economic damages, we will factor in the damages your loved one is suffering both now and in the future. For example, your loved one may need ongoing medical care and may have lingering emotional issues well after the abuse occurred.

If we determine that you have grounds for a case against the nursing home, we will provide our services on a contingency basis. This means you will not be charged any legal fees unless we obtain the compensation you deserve.

Illinois Nursing Homes Patient Rights

The Illinois legislature enacted the Nursing Home Care Act to regulate licensed facilities and define patients’ rights. The Illinois Department of Public Health (IDPH) is the government body responsible for licensing and regulating Illinois nursing homes. The Illinois Nursing Home Care Act provides patients with various rights, such as:

• Constitutional Rights: A resident shall not be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the State of Illinois, or the United States Constitution.

• Abuse and Neglect: A resident has the right to be free from abuse and neglect by an owner, licensee, administrator, employee, or agent of a facility.

• Right to mail, phone, and visitation: A resident shall be permitted unimpeded, private, and uncensored communication of their choice by mail, public telephone, or visitation.

• Medical care: A resident shall be permitted to retain the services of their own personal physician.

• Medical records: A resident, resident’s guardian, or parent if the resident is a minor shall be permitted to inspect and copy all of their medical records.

• Financial freedom: A resident shall be permitted to manage their own financial affairs.

• Personal property: A resident shall be permitted to retain and use or wear his personal property.

• Right to privacy: A resident shall be permitted respect and privacy in their medical and personal care program.

• Restraints: A resident has the right to be from restraints or confinement that is used for the purposes of punishment or convenience for any facility personnel.

Free Consultation

If your loved one has been the victim of abuse or neglect in a nursing home or assisted living facility, you and your loved one have legal rights. Contact our Chicago and Illinois nursing home abuse and negligence attorneys to schedule your free consultation and case review by calling (312) 300-6724, e-mailing us at Info@LawKasan.com, or schedule your consultation online.