If you visit your loved one at the nursing home and notice a sudden change of behavior or unexpected injuries, you will probably be concerned. And with good reason, as these can be signs of systemic neglect or abuse. If the home cannot explain and document these changes, legal intervention may be necessary to ensure your loved one’s safety.
Common signs of neglect
There are some physical indicators that can suggest a failure in their rights. Some of them are subtle and some are not. These include:
- Bedsores: Pressure sores in immobile residents can indicate a failure to turn or reposition them,
- Rapid weight loss: These can suggest malnutrition or a failure to assist with feeding.
- Poor hygiene: Unwashed clothing, unchanged linens and unkempt appearance in your loved one.
Also, unexplained and bruises and fractures attributed to falls can be a red flag.
The burden of proof in Illinois
If you decide to recover damages in Illinois, you must demonstrate that the facility was negligent, which means they breached their duty of care, and this directly caused the injury. Sometimes, residents cannot testify for themselves, so the defense needs circumstantial evidence like staffing logs, medication charts, and wound care records. If the facility’s documentation is missing or inconsistent, it often strengthens the claim that neglect occurred.
Defending your loved one’s rights
You and your loved one have the right to file a complaint with the Illinois Department of Public Health (IDPH) and to pursue a civil lawsuit for medical expenses, pain, and suffering. If you suspect mistreatment, do not wait and talk to a lawyer at once.