Chicago Sexual Elder Abuse Lawyer
Unfortunately, nursing home residents are easy targets for physical and sexual abuse because they are dependent on nursing home staff and are either unable to report it or are coerced. To make matters worse, much of this abuse is on areas of the body covered by clothing, or in the case of a fracture, isn’t seen at all. Physical abuse includes both sexual assault and any form of physical assault or maltreatment.
While there a several statistics on nursing home abuse, the U.S. House Committee on Reform has stated that one-third of nursing homes are cited for abuse while the National Center on Elder Abuse has indicated that, “more than one in ten elders may experience some type of abuse, but only one in five cases or fewer are reported.” This means that very few seniors who have been abused get the help they need.
If a loved one has unexplained bruising, cuts, burns or broken bones, we strongly encourage you to reach out to our team of lawyers.
Elgin Physical Elder Abuse Attorney
When a loved one is abused, the emotions can be overwhelming. We understand this and are committed to taking our approach that has obtained, to date, more than $100 million in compensation for our clients and bolster accountability and safety while elevating the quality of life for your loved one.
We are ready to work one-on-one with you to assess you or a loved one’s situation and begin building a case. We encourage you to reach out as soon as possible.
Frequently Asked Questions About Nursing Home Abuse & Neglect
If your loved one is abused, the options can seem overwhelming. We are here to answer your questions and help with your case. In the meantime, please see some frequently asked questions and answers about nursing home abuse and neglect.
What is nursing home neglect?
Nursing home neglect refers to a nursing facility’s failure to provide adequate medical and personal care, as well as failing to assist with daily activities. Neglect can take many forms, such as poor hygiene, more falls, and lack of general safety and care.
What is nursing home abuse?
Nursing home abuse is willful physical, mental, or sexual injury and abuse to a nursing home resident. Financial and emotional abuse are also part of Illinois’ definition of nursing home abuse.
How do you report nursing home abuse?
To report elder abuse in Illinois, you can file a report with the Illinois Department of Health. This state agency is responsible for licensing and regulating nursing homes and assisted living facilities. You can also contact your local long-term care ombudsman, which the Illinois Department operates on Aging. This program helps with investigating complaints and taking steps to resolve the issues.
How do you prevent nursing home abuse?
When you put a loved one in a nursing home or long-term care facility, you trust that they will be adequately taken care of. However, this isn’t always the case. While many things are out of your control, you can take some steps to monitor your loved one and look out for certain signs of abuse.
One way to do this is to increase social visits, keep watch over prescribed medication and take steps to notice any changes in appearance or mood. If you see an extreme change or physical injuries such as increased bruising, bedsores or poor hygiene, speak to the primary caregivers.
How do you stop nursing home abuse?
The first step is to write down what you have witnessed and document conversations with staff, family members and the nursing home administration. If there are physical injuries, take photos of the wounds. After you have documented evidence of the abuse, make a report to the appropriate state and local agencies. After you’ve made your report, monitor the situation and watch for any more signs of abuse or neglect.
Will my loved one face more abuse if we complain about the facility?
This is a common concern for loved ones and families. However, discussing your concerns with the nursing home administrator is still essential. Working with an attorney or your local ombudsman’s office can also help ensure the problems are addressed without retribution.
Can’t I just move my loved one out of the facility?
Moving your loved one is absolutely an option. However, there are other factors to consider, such as your loved one’s condition and the cost. Even if you decide to move your loved one, you should still pursue compensation and justice for their abuse or neglect.
Who can file a lawsuit against a nursing facility?
A lawsuit for abuse or neglect can be filed by the resident, a family member or their appointed guardian.
Who can be held liable?
Multiple parties may be liable for nursing home abuse or neglect. At Kent M. Lucaccioni, Ltd., we can help you determine who to file suit against by conducting a thorough investigation. We will consider nursing home staff, administration and medical professionals to help determine who may be at fault.
How long does it take to settle a nursing home lawsuit?
On average, a nursing home lawsuit takes 18 to 24 months to settle. With that said, though, a variety of factors can influence the length of the settlement process, including the circumstances of the accident and the amount of the settlement offer.
What is the average settlement for nursing home neglect?
According to Health Affairs, a peer-reviewed health care journal, the average settlement for a nursing home lawsuit in the U.S. is about $400,000. This does not guarantee that you will receive a settlement this high, though. It also does not preclude you from receiving a settlement of even more.
What can you sue a nursing home for?
If a patient in a nursing home has suffered damages due to negligence on the part of the staff or the facility, you have the right to file a lawsuit. Some common reasons people sue include:
- Medication errors
- Fractured limbs
- Financial abuse
- Sexual abuse
- Malnutrition and dehydration
- Wrongful death
Sadly, these are only a few examples of the negligence that can occur in nursing homes and other care facilities.
How do you prove nursing home negligence?
The standard for a successful lawsuit is very high; you must show that the facility owed the patient a standard of care, that it failed to uphold its duty of care and that damages resulted from this lack of care. You can gather proof by:
- Taking photographs of any injuries
- Keeping a journal documenting the alleged neglect
- Gathering medical records
- Interviewing witnesses
You should also work with an attorney who has handled nursing home neglect lawsuits before. It is crucial to have someone on your side who understands the legal system and how to build a successful claim.
Springfield And Central Illinois Elder Abuse Attorney
Our law firm also represents elders who have been abused in nursing homes in Springfield, IL, and Central Illinois. To learn more about our representation downstate, please click here.