Nursing home abuse is a severe issue in Chicago, impacting vulnerable residents who trust that they will be cared for with respect and compassion. Unfortunately, some individuals experience neglect and physical, emotional, financial or sexual abuse in these facilities. Recognizing the signs of abuse and understanding the legal measures available to protect older adults and individuals with disabilities is crucial.
A personal injury lawyer in Chicago from Meyers & Flowers is dedicated to advocating for nursing home abuse victims in Chicago and providing them with the legal support they need to seek justice. We strive to ensure that victims receive the compensation and care they deserve while also working to prevent future instances of abuse.
If you or a loved one has been affected, our nursing home abuse lawyers in Chicago are here to offer guidance and representation to help you navigate the legal process and pursue a positive outcome. Contact us today to request a free case evaluation.
Why Choose Our Nursing Home Abuse Lawyers in Chicago?
- We take a compassionate approach to personal injury law. Throughout your nursing home abuse case, you will feel heard, seen, and respected by your attorney.
- Our law firm knows how to achieve the results our clients need. Our track record shows billions of dollars won on behalf of injured and wronged accident victims in Chicago and nationally.
- Our team has the experience, resources, and trial capabilities to take on any defendant in Chicago, including large nursing homes and their insurance providers.
- Your family won’t be charged a dime in legal fees for hiring Meyers & Flowers unless you win your nursing home abuse case and recover compensation.
How a Nursing Home Abuse Attorney in Chicago Can Help You
Discovering that your vulnerable elderly loved one has been subjected to abuse or neglect at a nursing home in Chicago can be overwhelming. Before you make the mistake of representing yourself during insurance claim negotiations, consult with an attorney about your case. A Chicago nursing home abuse attorney can guide you carefully through the steps it takes to pursue justice while making sure your family has everything it needs.
Your nursing home abuse lawyer in Chicago can investigate a potential issue of elder abuse and search for evidence that could be used to establish your claim, such as video footage and witness statements. A law firm will be able to hire highly qualified experts to testify, as well, such as medical experts to comment on your loved one’s injuries. You can count on a lawyer to advocate for a fair and full financial settlement during insurance negotiations or bring your case to court, if necessary.
Types of Nursing Home Abuse
Nursing home abuse refers to any type of intentional harm done to an elderly individual within a nursing home, hospice, or long-term care setting. It can refer to many different forms of abuse and often involves multiple types of abuse occurring at the same time.
Physical Abuse
Physical abuse in nursing homes involves inflicting pain or injury upon a resident. You might notice unexplained bruises, cuts or broken bones. Factors such as unexplained injury reports from your loved ones or an undue use of restraints should raise concern.
Emotional Abuse
Emotional abuse or Bullying may be less visible but is equally harmful, often manifesting through intentional infliction of anguish or distress via verbal or non-verbal acts. Signs include sudden changes in behavior or unexplained fearfulness in the presence of certain staff members.
Financial Exploitation
Financial exploitation occurs when someone illegally or improperly uses a resident’s money or property. Stay vigilant for sudden changes in financial documents or unauthorized transactions.
Neglect
Neglect in nursing homes fails to meet a resident’s basic needs, including food, water and medical care. Symptoms of neglect might include bedsores, malnutrition or a general decline in hygiene.
Sexual Abuse
Sexual abuse refers to any non-consensual sexual contact with a nursing home resident. This is a serious issue, and vigilance is crucial. Unexplained STDs or injuries around the genital area may be indicative of such abuse.
Is Nursing Home Abuse a Type of Personal Injury?
Whether you’re living in a nursing home or have a family member who is, it’s essential to know that abuse in these facilities is not only wrong but could also be a legal issue. Personal injury law covers situations where someone is harmed because of another person’s carelessness, and nursing home abuse is a clear example of this.
Although nursing home abuse is a crime in Illinois, it is not necessary to prove that a crime has been committed or to get a criminal conviction against the abuser to file a personal injury claim. Civil claims are based on negligence, or the failure to exercise ordinary care, as well as violations of the duty of care.
In Chicago, the Illinois Nursing Home Care Act offers protection from abuse for residents and gives them the chance to seek justice and compensation for their injuries. If you’ve been harmed, you can take legal action by showing that the nursing home or its staff didn’t meet the required standard of care, leading to your injury.
How Do I Prove Nursing Home Abuse?
When you file a nursing home abuse claim in Chicago, you become the plaintiff. In personal injury law, the plaintiff bears the burden of proof. This means you or your attorney is responsible for establishing the truth of your claim using clear and convincing evidence.
To prove nursing home abuse, take the following steps:
- Gather evidence. Take photographs of any physical injuries, such as bruises, cuts, or unexplained marks. Document any changes in the mental health of the resident.
- Medical records. Obtain copies of the resident’s medical records. These can provide clues to unreported injuries or a lack of appropriate medical care.
- Witness statements. Collect statements from other residents, visitors, or employees who may have witnessed abuse or neglect.
- Logs and journals. Keep a detailed log of your observations, including dates, times, and descriptions of incidents that raise concerns.
- Report suspicions. Alert the facility management of your concerns. In some cases, they may investigate internally.
- Legal advice. Consult with a nursing home abuse attorney in Chicago with experience in elder law, such as the caring professionals at Meyers & Flowers. They can guide you in navigating the legal system and protecting your loved one.
- Regulatory agencies. Report the abuse to the appropriate state regulatory agency. In Illinois, this would be the Illinois Department of Public Health.
The burden of proof is a “preponderance of the evidence,” meaning enough to prove that the defendant (accused party) is more likely than not to be responsible. A lawyer can help you collect evidence to build your nursing home abuse claim.
Who Can Be Held Legally Liable for Nursing Home Abuse in Chicago?
Individual caregivers or staff members who have directly engaged in abusive actions can be held liable (legally and financially responsible) for various forms of abuse. This includes:
- Hitting, pushing, or using excessive force
- Insults, threats, or social isolation
- Unwanted sexual attention or exploitation
- Failure to provide basic needs like food, water or medical care
If abuse stems from systematic issues, the management or the owner of the nursing home can be liable due to the following:
- Poor hiring practices
- Lack of proper background checks
- Inadequate staff training to handle residents’ needs
Doctors, nurses, or therapists affiliated with the nursing home could be responsible if they:
- Failure to provide adequate medical care
- Overmedicate residents
- Improperly medicate residents
Depending on the circumstances, any of the following parties could be held responsible for a case of abuse at a nursing home facility in Chicago:
- Nursing home staff for direct abuse or neglect.
- Nursing home management for faulty hiring, training or insufficient oversight of staff.
- Medical professionals for medical malpractice or negligence in the care of residents.
- Caregivers for direct abuse or elder abandonment outside of a nursing home setting.
- Third parties, such as outsourced contractors providing their services to the nursing home.
Discuss your particular situation with an attorney at Meyers & Flowers to determine who your family may be able to name as defendants in your nursing home abuse case.
What Compensation Can I Get From a Nursing Home Abuse Lawsuit?
When pursuing a lawsuit for nursing home abuse in Chicago, you may be entitled to various types of compensation. Damage awards for nursing home abuse cases are organized into three main categories.
Economic Damages
- Medical expenses: Costs associated with medical treatment resulting from the abuse, including hospital stays, medication, and rehabilitative therapy.
- Future medical care: Expected medical costs for long-term care or therapy due to injuries.
- Financial losses: Money illegally taken from your account or monetary losses incurred by the abuse.
Noneconomic Damages
- Pain and suffering: Compensation for physical discomfort and emotional distress experienced.
- Diminished quality of life: Compensation when the abuse has reduced the ability to enjoy life.
- Emotional distress: Psychological impact, including anxiety, depression, and trauma.
Punitive Damages
- Although less common, punitive damages may be awarded to punish the facility for particularly egregious conduct and to deter similar future conduct.
Meyers & Flowers Is Here to Help
When facing this challenging situation, you need a nursing home abuse lawyer in Chicago with proven skills and a compassionate touch. Meyers & Flowers boasts a seasoned team of attorneys with years of experience in nursing home abuse cases. With a comprehensive understanding of Illinois law and a commitment to justice, you can trust that your loved ones will have their rights vigorously defended.
Your case demands personalized attention; at Meyers & Flowers, that’s precisely what you receive. Our firm is known for its detailed investigative processes and its relentless pursuit of accountability. We’re here for you with years of handling complex nursing home abuse cases and a track record of securing substantial settlements and verdicts. To take the first step towards justice and healing, contact Meyers & Flowers for a consultation. Let us help you navigate this difficult time with the legal support you deserve. Call (630) 232-6333 or visit our website to book your appointment and start safeguarding your loved one’s rights today.