Illinois Nursing Home Abuse & Neglect Attorneys

Illinois Nursing Homes Ratings by Medicare
Click to Enlarge

Those who have loved ones in Illinois nursing homes need to be aware of the statistics in regards to abuse and neglect that occur in nursing homes. It is important for family members to be aware of these statistics so that they can constantly ensure that a nursing home is maintaining the highest standards of care.

Medicare ranks every nursing facility in Illinois based on the care each home provides their residents based on information gather through investigations, surveys and inspections. The federal agency has found that 252 (35%) of the 717 nursing homes had serious violations and deficiencies that rank these facilities lower than the national average. If your loved one was abused, neglected, mistreated or died unexpectedly while residing in an Illinois nursing facility, we encourage you to contact the Illinois nursing home abuse attorneys at Nursing Home Law Center to discuss your claim for compensation during a free, initial case evaluation.

In 2008, patients in over 28 percent of all Illinois nursing homes developed pressure sores. Even more disheartening, over 37 percent of all Illinois nursing homes failed to maintain necessary professional standards under the law. There were over 14 percent of all nursing homes that used chemical and physical restraints on patients in an illegal manner.

You do not want your loved one to become part of these tragic statistics. If your loved one has already suffered from abuse or neglect in an Illinois nursing home, then you can get in touch with an Illinois nursing home abuse attorney to receive additional help for your case today.

Illinois nursing home abuse lawyers will investigate your report today to get started in filing a lawsuit against those who are responsible for your loved one’s injuries.

Nursing Home Laws in Illinois To Protect Patients From Negligent Care

Several Illinois laws govern nursing home standards and the care that patients receive in nursing homes. These are the Nursing Home Care Act, Elder Abuse and Neglect Act and Illinois Act on the Aging.

The Nursing Home Care Act outlines the rights that Illinois nursing home residents have. These rights include the ability to manage one’s own financial affairs, using his or her own personal property, be treated with respect and privacy, be free of physical and chemical restraints and be protected from unlawful discrimination.

Under the Elder Abuse and Neglect Act, “neglect” is defined as one’s failure to provide a nursing home resident with the necessities of life. These necessities include, food, clothing, shelter, health care and more. If a worker suspects that a nursing home resident is the victim of abuse, neglect, financial exploitation or self-neglect, then he or she has a legal responsibility to report the abuse.

One who makes a report of abuse or neglect will receive special immunity that protects him or her from criminal or civil liability and professional disciplinary action. In addition, the confidentiality of a worker who files a report with the agency will be protected at all times.

Lastly, the Illinois Act on Aging outlines the services that must be made available to residents in nursing homes. Residents must receive services that include assistance with bathing, grooming, toileting, nail care, transferring, respiratory services, exercise and positioning.

In addition, a nursing home resident must receive at least three meals a day, routine housekeeping services, personal laundry and linen services, assistance with daily living activities, medication management and money management. A nursing home facility must also provide 24-hour security and an emergency response system.

If nursing home facilities fail to meet these standards, then family members should speak with an Illinois nursing home abuse lawyer about potential courses of action.

The Signs of Illinois Nursing Home Abuse and Neglect For Families to be Aware of

The family members of nursing home residents should always try to be aware of certain signs of abuse and neglect. This will make it easier for family members to immediately report abuse and get help from attorneys. The following are some signs of neglect and abuse:

  • Unchanged bed sheets
  • Unwashed clothing
  • Spoiled food
  • Physical injuries
  • Bed sores
  • Abrasions and scratches
  • Bleeding
  • Depression and anxiety
  • Broken bones
  • Crying and emotional outbreaks
Call Illinois Nursing Home Abuse Lawyers Now to Ensure Your Loved One Is Cared For

If you suspect that your loved one is the victim of nursing home abuse, it is important to do something about it. Call a nursing home abuse lawyer today to move forward in your case. Our attorneys handle elder abuse matters involving nursing homes and assisted living facilities throughout Illinois including the following major cities:

An Illinois nursing home attorney at Nursing Home Law Center LLC will aggressively pursue your case to fight for the compensation that a loved one deserves. Call us anytime to discuss your specific circumstance with a lawyer who has experience with similar matters.

Illinois Nursing Home Lawyers Serving Victims of Bed Sores, Pressure Sores & Decubitus Ulcers

When pressure sores advance to the point where a patient’s life is impacted or threatened, the Illinois bed sore attorneys at Nursing Home Law Center LLC are committed to ensuring that your legal rights are protected when it comes to holding negligent facilities responsible for their inattention and neglect. Our office has an impressive track record when it comes to holding nursing homes and hospitals accountable for a patient’s pressure sore. We invite you to contact our office for a free review of your case with an Illinois lawyer who can advise you of your legal options.

Physically disabled or immobile patients in nursing homes and hospitals in Illinois may be prone to develop pressure sores in areas of the body where the patient’s own weight on a mattress or wheelchair goes unrelieved over an extended period. The wounds may initially appear to be minor, but can rapidly progress to open wound– exposing layers of flesh and even bone.

These advanced pressure sores are not just physically painful and dehumanizing to the individual, the very nature of a deep, open wound predisposes the body to bacteria that can easily enter the body and rapidly progress to infect vital organs.

Patients with a stage three or four pressure sore may develop complications such as osteomyelitis or sepsis when a wound goes ignored and untreated. These complications may necessitate invasive medical procedures to close the open wound and remove the decay tissue. In some situations, the complications related to a pressure sore may be fatal.

Call (800) 926-7565 Toll-Free for a No Obligation Consultation
Responsibility of Illinois Medical Facilities to Provide Care to Prevent Pressure Sores

Illinois Nursing HomeTragically, inattentive care on the part of facility—the very reason why a decubitus ulcer may have originated, may be responsible for allowing wounds to progress to advanced stages where a wound may go unnoticed—and hence untreated for weeks or even months.

Knowing the risks associated with pressure sores, nursing homes and hospitals are required to develop and implement a plan of care for all patients who may be predisposed to pressure sores. While each patient’s care plan may be uniquely suited to the needs of the patient, common preventative measures include:

  • Regular turning or rotating of the patient
  • Use of pressure relieving mattresses
  • Ensuring that patients receive proper nutrition and hydration
  • Monitoring patients for early indications of pressure sores
Legal Issues Arising When a Patient Develops a Bed Sore at an Illinois Nursing Home or Hospital

The majority of circumstances when a person develops a bed sore during an admission to a medical facility or long-term living facility are due to the fact that staff at the facility was not attending to the patient’s needs. At some institutions, a corporate decision to reduce staffing levels may exacerbate the problem of a patient developing pressure ulcers when needs go unfulfilled over extended periods.

Given the fact that pressure sore preventative measures are well accepted and generally require nothing more than the assistance of a well-trained staff, most pressure sore cases can be traced to staff negligence. Illinois law allows a patient or their family to pursue a case damages against the facility where the decubitus ulcer developed. Illinois law affords the opportunity to recover damages for: medical expenses, additional care, pain and retribution when a patient dies from complications related to the wound. An attorney who has experience prosecuting Illinois bed sore cases can assist with the case evaluation and litigation if required.

Seeking Bed Sore Legal Assistance or Treatment in Illinois?

Families need to recognize that the development of a pressure sore is a significant medical complication that deserves the attention of a professional who has experience treating these types of wounds. Below is a listing of wound care professionals and lawyers who may be able to assist your loved one in such Illinois cities as:

Should you have additional questions about wound care or legal options available to your family member, we invite you to contact one of our Illinois bed sore lawyers via the form here for a free, confidential discussion.

For a comprehensive discussion of Illinois bed sore settlements and verdicts look here.

Call (800) 926-7565 Toll-Free for a No Obligation Consultation
Illinois Nursing Home Negligence Information

STATUTE OF LIMITATIONS

  • 2 years. (735 ILCS 5/13/-202)
  • Medical malpractice – 2 years with Discovery Rule (claimant knew or reasonably should have known of the injury). If claimant is a minor under age eighteen, then SOL period is 8 years from date of act or omission, but no later than claimant’s twenty-second birthday. (735 ILCS §5/13-212)

DAMAGES CAP

  • None. No punitive damages in medical malpractice cases. (735 ILCS §5/2-115)
  • Noneconomic damages cap in medical liability causes of action declared unconstitutional. LeBron v. Gottlieb Memorial Hospital, et al. (Cook Co: 06 L 12109, Nov. 13, 2007). Caps on damages in tort claims declared unconstitutional. Best v. Taylor Mach. Works, 179 Ill.2d 267 (1997).

Wrongful Death

STATUTE OF LIMITATIONS FOR PURSUING ILLINOIS NURSING HOME LAWSUIT

  • 2 years from date of death, except for fraudulent concealment which is 5 years from date of claim. (740 ILCS §180/2)

DAMAGES CAP

  • None. No punitive damages in medical malpractice cases. (735 ILCS §5/2-115)
  • Noneconomic damages cap in medical liability causes of action declared unconstitutional. LeBron v. Gottlieb Memorial Hospital, et al. (Cook Co: 06 L 12109, Nov. 13, 2007). Caps on damages in tort claims declared unconstitutional. Best v. Taylor Mach. Works, 179 Ill.2d 267 (1997).

State Resources

Illinois Nursing Home Care State Laws
  • Nursing Home Care Act (210 ILCS 45)
  • Elder Abuse and Neglect Act – (320 ILCS 20)
  • Illinois Act on the Aging

Related Articles Illinois Nursing Home Negligence Lawsuit Information

Our attorneys have compiled data from reported settlements and jury verdicts from across Illinois to give you an idea of what your case may be worth in a civil law context. We have broken down these cases according to case type and patient injury. Learn more about these Illinois nursing home lawsuit settlements below:

Nursing Home Abuse & Neglect Resources
Client Reviews
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
★★★★★
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric