National statistics show that older adults residing in nursing care facilities risk becoming victims of potential harm or injury at the hands of caregivers or other residents. Any time abuse, neglect, or mistreatment occurs in Aurora nursing homes, families who trusted the care of their aging parents to these facilities feel justifiably angry because that trust was violated.
Has your loved one been mistreated or injured, or did they die unexpectedly from neglect while living in an Aurora nursing center? Our affiliate Illinois personal injury attorneys, protect the rights of abused victims in Cook County, Kane County, and other parts of the state.
Contact the Aurora nursing home abuse lawyers at Nursing Home Law Center, LLC (800) 926-7565 (toll-free phone number) today to schedule a free case consultation to discuss filing a claim for compensation. All confidential or sensitive information you share with our legal team remains private.
What is Nursing Home Abuse?Any intentional or negligent act from an assisted living facility’s staff and administration is considered nursing home abuse. Continued nursing home negligence can cause emotional, financial, or physical harm to the elderly living in the facility.
Abuse in a nursing facility is one of the prevalent issues in the USA. Elderly abuse in nursing homes usually happens when caregivers or nursing home staff don’t provide the residents with necessities for a continued period.
Abuse can leave the elderly in mental trauma, emotional distress, social withdrawal, or even wrongful death. Elder abuse victims may have a higher chance of premature death than those who haven’t experienced abuse.
The primary abuse abusers in nursing homes are caregivers, other facility patients, or visiting family members.
Types of Abuse in a Nursing HomeAbuse in assisted living facilities happens in many forms. The most common types include:
Physical Abuse
It occurs when the elderly suffer harm, pain, or injury due to nursing home negligence or mistreatment from the staff, visitors, family members, friends, or other residents. Physical abuse also refers to the deprivation of the residents’ primary rights, including shelter, food, and proper hygiene.
The most common forms of physical abuse are:
The staff members are only allowed to use restraints in short-term medical emergencies following a physician’s order. Long-term restraints on the elderly may result in severe muscle disorders.
Physical abuse may also result in:
Emotional Abuse
It refers to non-physical abuse that results in the victim's emotional distress and psychological trauma. Different forms of psychological abuse that the patients of a nursing center face include:
Emotional distress can also compromise the elderly’s dignity, such as denying their choices or leaving them in unsanitary conditions. Many signs of emotional mistreatment are not apparent to others.
You can identify the signs of emotional abuse in your family member by observing these changes in their behavior:
Neglect
Neglect could occur when the caregiver fails to provide adequate care, food, and protection to the nursing home residents. Nursing home neglect is slightly different from abuse, as it is usually an unintentional act.
The National Center on Elder Abuse found that about 45% of senior citizens living in assisted facilities are the victims of abuse and 95% have been neglected.
Neglect can lead to:
Sexual Abuse
Sexual abuse could involve non-consensual sexual abuse interactions like intercourse, sodomy, oral sex, reluctantly watching pornography, inappropriate touching, etc.
Signs of sexual assault might result in:
Financial Abuse
Financial abuse includes illegal misuse, acquisition, or theft of anything with monetary value, such as property or bank account balance. The elderly with dementia or mental decline is usually the primary victims of financial abuse or fraud.
The most common forms of financial exploitation include:
The above signs may show that your family member is facing abuse in the nursing home.
Older Americans ActThe federal Older Americans Act 1965 requires every state to establish an Ombudsman Program for the rights of the elderly. The program also includes residents living in nursing homes.
The Ombudsman Program reporting procedure for elderly abuse usually varies from state to state. So, if you and your loved one live in Aurora, Illinois, you’d need to contact the Ombudsman Program in your state and report the mistreatment.
Lastly, you can also report elderly abuse to your local police station, as abuse is usually counted as a local crime.
Government Agencies Protecting the Rights of the ElderlyNursing home residents in Aurora, IL, are subject to protection under state and federal laws. These regulations ensured the well-being, health, and safety of the elderly in nursing homes and assisted living facilities.
Nursing homes that deprive residents of their rights are held liable criminally and civilly. The government agencies in Aurora, Illinois, responsible for the protection of the residents of nursing homes include:
Do you suspect your loved one has been abused? Report it to any of the above agencies in your state. You can also consult legal help from an Aurora, IL nursing home abuse lawyer to file a lawsuit and take the matters to court.
Taking Legal Action Against Those That Caused HarmAn Aurora nursing home abuse lawyer can evaluate your loved one’s situation and take legal action before the state statute of limitations expires.
Abuse victims of Illinois nursing homes can file a compensation claim when another’s negligence or abusive behavior causes harm. An Aurora nursing home abuse lawyer from our law offices will fight aggressively to ensure our clients receive fair compensation for their suffering.
Collects Evidence
The attorney then gathers witness statements, medical records, video graphics, and photographic evidence of the abuse and use this information to support your loved one’s allegations during a settlement meeting or at trial.
Files a Claim
The lawyer then files a compensation claim on your loved one’s behalf. The lawyer uses their years of experience of state civil tort law to follow civil court procedures should the case be presented before a judge and jury.
Discovery
The discovery phase involves legal parties (nursing center and the victim and their family members) gathering information about the case. Lawyers may invite the witnesses to give testimonies for both legal teams.
Negotiation
Data reveals that more than 95% of all nursing center cases are settled outside of the court to avoid going to trial. The usual abuse settlement includes the monetary recovery for financial exploitation from the nursing center to the plaintiff for all the suffering, harm, injuries, and damages they experienced.
Trial Commencement
The abuse case goes to trial if both parties cannot agree on a settlement amount. At trial, the judge or jury decides the case, and if finding for the plaintiff, states the amount of financial compensation that must be awarded to the victim.
Lawyers from both sides argue and try to resolve the lawsuit by providing evidence and witness testimony. At the end of the trial, the judge or jury gives a verdict. If the victim loses the case, their lawyer could file an appeal to overrule the judgment. However, that can only be successful in case of a legal error.
Our lawyers believe in establishing transparent and close relationships with clients, helping every family navigate the legal process of getting justice for their elderly loved ones. They will keep your family informed throughout the process.
Hire an Aurora, IL Nursing Home Abuse Lawyer to Resolve Your Compensation ClaimThe affiliate Aurora nursing home abuse and neglect attorneys at our law firm, Nursing Home Law Center, have represented many victims of nursing home negligence in Illinois.
Our team of dedicated and knowledgeable attorneys provides legal representation in cases involving neglect and abuse in nursing facilities throughout Kane County, Kendall County, Dupage County, Cook County, Will County, and the Chicago metropolitan area.
Contact our law firm today by calling (800) 926-7565 or using the contact form. Schedule an appointment to speak with one of our skilled attorneys for a free case review.
We handle all personal injury and wrongful death cases through contingency fee agreements. This arrangement ensures we are paid for our legal services only after we obtain an award for you in court or negotiate an out-of-court settlement on your behalf.
Resources:
Attorney Jonathan Rosenfeld
Licensed in Illinois
Kane County Nursing Home Injury Lawyer Nursing Home Law Center LLC Home