Nursing Home Abuse Lawyer Chicago, IL

Families choose a nursing home expecting their loved one to be safe, fed, and treated with dignity. When a resident develops bedsores, suffers repeated falls, or shows signs of mistreatment, families often do not know where to turn. A nursing home abuse lawyer in Chicago, IL can explain the resident’s rights under Illinois law, investigate the facility, and hold it accountable. Jacobson Injury Firm represents nursing home residents and their families throughout Chicago. Contact the firm for a free consultation.

How Nursing Home Abuse Claims Work in Illinois

The main law protecting residents is the Illinois Nursing Home Care Act (210 ILCS 45). It sets out residents’ rights and gives residents a direct way to sue when those rights are violated.

The Act defines two key terms:

• Abuseis any physical or mental injury or sexual assault inflicted on a resident other than by accidental means (210 ILCS 45/1-103).
• Neglectis a facility’s failure to provide, or willful withholding of, adequate medical care, personal care, or help with daily activities needed to avoid physical harm or mental anguish (210 ILCS 45/1-117).

Several provisions make the Act especially useful for families:

• The facility answers for its staff.Under 210 ILCS 45/3-601, the owner and licensee are liable for any intentional or negligent act or omission of their agents or employees that injures a resident.
• Attorney’s fees.Under 210 ILCS 45/3-602, a licensee must pay actual damages, costs, and attorney’s fees to a resident whose rights under the Act are violated.
• No waiting on the state.Under 210 ILCS 45/3-604, a resident does not have to exhaust administrative remedies before filing suit, and the Act’s remedies add to other legal remedies.
• Waivers are void.Under 210 ILCS 45/3-606, any waiver of the right to bring an action under these sections is null and void. Under 3-607, any party is entitled to a jury trial.

Residents’ Rights in Chicago Nursing Homes

Article II of the Act lists rights every Illinois resident keeps. Under 210 ILCS 45/2-101, residents must be treated with courtesy and respect, and basic needs such as water, food, medication, toileting, and personal hygiene must be met in a timely manner. Other rights include:

• Choosing a personal physician and receiving clear information about diagnosis and treatment (2-104)
• Freedom from physical or chemical restraints used for punishment or staff convenience; restraints require a physician’s documented order (2-106)
• Private, uncensored mail, telephone, and visits at reasonable hours (2-108)
• Freedom from abuse and neglect; staff who learn of abuse or neglect have a duty to report it (2-107)

The City of Chicago also has a dedicated Long-Term Care Ombudsman team within the Department of Family and Support Services. Ombudsmen help residents of skilled nursing facilities, assisted living, supportive living, and shelter care facilities understand their rights and resolve problems with care. The program is part of the statewide Illinois Long-Term Care Ombudsman Program run by the Illinois Department on Aging.

Signs of Nursing Home Abuse and Neglect

Many residents cannot speak up for themselves because of dementia, stroke, or other conditions. Families should watch for:

• Bedsores (pressure injuries).These form when skin is pressed against a bed or chair for a long time, cutting off blood flow. MedlinePlus advises that a person in bed should change position every 1 to 2 hours. Sores that appear or worsen can point to missed repositioning.
• Falls and fractures, especially repeated falls or injuries staff cannot explain
• Dehydration and weight loss, such as dry mouth, confusion, or clothes that suddenly fit loosely
• Unexplained bruises, cuts, or burns
• Oversedation, which may signal the use of drugs as a chemical restraint
• Poor hygiene, soiled bedding, or untreated infections
• Withdrawal, fear of certain staff members, or sudden mood changes
• Missing money or belongings

What Compensation Can a Nursing Home Resident Recover?

Depending on the facts, a resident or family may seek compensation for:

• Medical treatment for injuries, infections, or wounds caused by abuse or neglect
• The cost of moving to a safer facility
• Pain, suffering, and emotional distress
• Attorney’s fees and costs when the claim is brought under the Nursing Home Care Act
• Losses suffered by the surviving family when abuse or neglect leads to a death

How to Report Nursing Home Abuse in Illinois

The Illinois Department of Public Health (IDPH) licenses nursing homes and investigates complaints. A complaint can be made through the IDPH Central Complaint Registry hotline at 800-252-4343, or in writing by mail or fax using the IDPH complaint form. Complaints may be filed anonymously, and IDPH does not disclose the complainant’s identity to the facility.

Under 210 ILCS 45/3-702, IDPH must investigate complaints alleging abuse or neglect within 7 days. When a resident’s life or safety is in imminent danger, the investigation must begin within 24 hours.

Families may also contact the Chicago Long-Term Care Ombudsman Program through DFSS Senior Services, or through the Illinois Department on Aging’s Senior HelpLine. Ombudsmen are not emergency responders. If a resident is in immediate danger or needs urgent medical care, call 911.

What Should Families Do If They Suspect Abuse?

Steps that protect both the resident and a possible claim include:

• Make sure the resident is safe.Ask for a medical evaluation, and consider moving the resident if the danger continues.
• Document everything.Take dated photos of injuries, bedsores, and living conditions, and keep notes of conversations with staff.
• Request the records.735 ILCS 5/8-2001 covers nursing homes and gives patients, or those with a valid authorization, the right to examine and copy health care records.
• Report the concernto IDPH and the ombudsman.
• Avoid signing releases or statementsfrom the facility or its insurer before speaking with a lawyer.

How Long Do You Have to File a Nursing Home Abuse Claim in Illinois?

Illinois generally requires personal injury lawsuits to be filed within 2 years after the claim arises under 735 ILCS 5/13-202. If neglect or abuse leads to a resident’s death, the Wrongful Death Act generally requires filing within 2 years after the death.

Claims that focus on medical care by a physician, registered nurse, or hospital can fall under the separate medical malpractice deadlines in 735 ILCS 5/13-212. Because the correct deadline depends on the type of claim, families should speak with an attorney as soon as they suspect a problem.

No Fee Unless We Win

Jacobson Injury Firm handles nursing home abuse and neglect cases on a contingency fee basis. There is no upfront cost, and no attorney fee is owed unless the firm recovers compensation.

The firm represents injured people and their families only. Clients work directly with attorney Adam Jacobson, who is licensed in Illinois, Florida, New York, and Connecticut. He prepares each case as if it may go to trial.

More information is available on the firm’s Chicago personal injury page and its full list of practice areas. Families can also read client testimonials.

Frequently Asked Questions

Who can be held responsible for nursing home abuse?

Under the Nursing Home Care Act, the facility’s owner and licensee are liable for intentional or negligent acts of their employees and agents that injure a resident. Individual staff members may also be responsible, depending on the facts.

Do I have to wait for the IDPH investigation before filing a claim?

No. The Act states that a resident does not have to exhaust administrative remedies before filing suit. Reporting to IDPH is still important, because its findings can become useful evidence.

Are bedsores always a sign of neglect?

Not always, but they are a serious warning sign. Pressure injuries form when a person stays in one position too long, and residents who cannot move on their own depend on staff to reposition them. A review of the care plan and records can show whether the facility met its obligations. The firm’s article on how strong a personal injury case is covers the kinds of evidence that matter.

Does the nursing home have to pay attorney’s fees?

The Act requires a licensee to pay actual damages, costs, and attorney’s fees to a resident whose rights under the Act are violated. Whether that provision applies depends on the claim.

How much does a nursing home abuse lawyer cost?

Jacobson Injury Firm works on a contingency fee basis. Families pay nothing upfront, and there is no attorney fee unless money is recovered.

Contact a Nursing Home Abuse Lawyer in Chicago, IL

Jacobson Injury Firm’s Chicago office is listed on its Google Business Profile: Jacobson Law Offices, 1 E Erie St Ste 525, Chicago, IL 60611. No family should have to wonder whether a loved one is being harmed. A nursing home abuse lawyer in Chicago, IL can investigate the facility, protect the resident’s rights, and pursue full compensation. Contact Jacobson Injury Firm today to schedule a free consultation.