As a society, the care and safety of our elderly residents in nursing homes is one of our greatest responsibilities. We trust these facilities to provide compassionate care and support for loved ones who can no longer care for themselves. Sadly, not all eldercare sites uphold this duty.
Abuse and neglect are, unfortunately, not uncommon. As many as two-thirds of care facility staff have admitted to committing some form of elder abuse in the past year, according to the World Health Organization.
Many of these families end up devastated and searching for justice. This is where a LaSalle nursing home abuse lawyer can be an invaluable asset. Email or call us to let us know what happened to your loved one so we can advise you of your rights to take legal action. Consultations with our attorneys are completely free.
Abuse and Neglect at Illinois Assisted Living Facilities
Seeing signs of elder abuse or neglect can be difficult, as the victims may be unable or unwilling to report what’s happening to them. This makes it vital for friends and family members to be watchful for indicators of both physical and behavioral abuse.
Signs of nursing home abuse can vary, but some common indicators include:
- Physical Signs: Unexplained injuries such as bruises, cuts, burns, or evidence of restraint marks on wrists or ankles be signs of abuse, escalating to broken bones or fractures.
- Emotional Signs: Unusual changes in behavior such as withdrawal or sudden fear should be a warning flag of emotional distress, agitation, or depression. Victims often avoid eye contact or refuse to speak.
- Signs of Neglect: These can include poor hygiene, unwashed clothes, bedding, or hair, or unattended medical needs can indicate that your loved one’s living conditions are unsanitary or unsafe. Weight loss or signs of malnutrition or dehydration are common signs of neglect as well.
- Financial Indicators: Any sudden or unexpected changes in financial situations, missing personal items or valuables should be investigated, as well as unexplained bank account transactions or changes in legal documents (power of attorney, wills, etc.) The National Council on Aging reports that “the annual loss by elderly victims of financial abuse is at least $36.5 billion.”
- Social Signs: A key sign of abuse is sudden and unexplained changes in common behaviors or personality including self-isolation or lack of social interaction. Staff not allowing visits or controlling interactions with residents, is a form of abuse, as well.
- Verbal Signs: Of course, verbal or written complaints by residents about instances of abuse or neglect, or statements indicating fear of certain staff members or caregivers, should be investigated immediately.
More subtle signs of nursing home abuse and neglect can include environmental indicators, staff behavior, and errors in medication management.
If you suspect nursing home abuse, it’s crucial to report it to the appropriate authorities or speak with the facility’s management immediately. If you’re in fear for their immediate physical safety, you should contact the authorities at once, and have your loved one relocated at least temporarily.
Legal Protections for Nursing Home Residents
In Illinois, nursing home residents are protected by various laws (per the Abused and Neglected Long Term Care Facility Residents Reporting Act) aimed at ensuring their residential safety and general well-being.
These laws outline the rights of residents and establish the Illinois Department of Public Health (IDPH) standards of care regulations that the state’s nursing homes must uphold. If facilities violate these standards, residents and their families have the legal right to seek justice and fair compensation for the harm that’s been inflicted.
The Role of a Nursing Home Abuse Lawyer
A nursing home abuse lawyer specializes in advocating for victims of abuse and neglect in nursing homes and other eldercare facilities. These legal professionals have the expertise to navigate the complex legal landscape surrounding elder abuse cases, working tirelessly to hold negligent facilities accountable for their actions and to secure justice for you and your family.
This can include:
Investigating Claims of Abuse
The first step in a nursing home abuse case is to conduct a thorough investigation into the claims being made against the facility or staff. This involves gathering evidence like medical records, witness statements, and documentation of the resident’s condition before and after the alleged abuse or neglect.
A skilled lawyer will work with investigators and medical experts to build a strong legal case that shows clearly the extent of the harm that the resident has suffered.
Advocating for Resident’s Rights
One of the primary roles of a nursing home abuse lawyer is to advocate for your legal rights.
From ensuring that you or your loved one receives any necessary medical care and support to recover from your injuries to pursuing the maximum compensation for damages (medical expenses, pain and suffering, etc.)
The Legal Process in Abuse Cases Like These
Navigating the legal process can be intimidating and confusing, especially when your family is already dealing with the emotional toll of nursing home abuse.
A knowledgeable LaSalle nursing home abuse lawyer will personally guide you through every step of the process, from filing the lawsuit to negotiating settlements or representing you in court.
They’ll also handle all communication with insurance companies and opposing legal teams, allowing your family to focus on your loved one’s well-being.
- Filing a Lawsuit: If a settlement can’t be reached through negotiation, the next step will be to file a lawsuit against the nursing home and any other parties responsible. This legal action seeks to hold the negligent parties accountable and recover fair compensation for the harm they caused.
- Discovery and Depositions: During the discovery phase of litigation, both parties exchange relevant information and key evidence. This can include depositions, where witnesses and experts provide sworn testimony that can be used as evidence in court. A skilled lawyer will carefully prepare you for your depositions, and help uncover key facts that strengthen your case.
- Negotiation: In cases where a settlement is reached before trial, your lawyer will negotiate terms that fairly compensate you and your family for the harm you’ve suffered.
- Trial and Resolution: If your case does proceed to trial, your attorney will present evidence and arguments to a judge and jury. They’ll fight for your rights and a favorable verdict.
Choosing the Right Nursing Home Abuse Attorney
When selecting a nursing home abuse lawyer, you should consider their experience, track record of success, and commitment to you as a client.
Look for one who specializes in elder law or nursing home abuse cases and who has a reputation for delivering successful outcomes for their clients. Choose a lawyer who takes the time to communicate; listening to your concerns, answering your questions, and providing personalized support throughout the entire legal process.
At Schweickert Ganassin Krzak Rundio, LLP, we understand that navigating a nursing home abuse case requires the expertise and dedication of a skilled legal professional.
If your family suspects that a loved one has been the victim of nursing home abuse or neglect, don’t hesitate to seek legal assistance. Any LaSalle nursing home abuse lawyer on our staff can provide the guidance, support, and advocacy you need to ensure that justice is served and negligent facilities are held accountable.
By taking action, you can protect your loved one and send a clear message that elder abuse will not be tolerated in our communities.
Contact us today for a free consultation.
