Nursing Home Abuse Lawyer in Chicago

Illinois Nursing Home Abuse Lawyer

The nursing home abuse lawyers at Strom & Associates in Chicago, Illinois partner with a leading nursing home abuse law firm to help victims pursue compensation for physical abuse, medical malpractice, negligence, and emotional and sexual abuse they have suffered while living in a long term care facility. Our work has resulted in recoveries that are more than double the amount when compared to some other nursing home lawyers in the state of Illinois.

No nursing home resident deserves to become a victim of abuse or neglect. Let Strom & Associates help. To speak with a nursing home abuse attorney, call (312) 423-1571 for a free, confidential consultation.

Protecting Elders from Nursing Home Negligence and Abuse

One of the reasons elderly residents are so susceptible to mistreatment in long term care facilities is that they are often isolated, unable to fight back and they may be afraid to speak up because they fear retaliation. Nursing home abuse attorney at Strom & Associates can provide a strong voice for the most vulnerable members of our society so the assisted living centers, rehabilitation centers, nursing homes, and other types of long term care facilities that are responsible for this egregious conduct are held accountable.

Our attorneys stand up for victims who are unable to stand up for themselves. When you retain our team on behalf of a nursing home resident, we will conduct an investigation to help determine the cause of your loved one’s trauma, gather the evidence necessary to take legal action, file a nursing home liability claim to hold the nursing home financially responsible for the abuse or neglect the victim has experienced, and make sure your loved one is protected from further harm so he or she can receive a better level of care.

Your Loved One’s Rights Under the Illinois Nursing Home Care Act

The Illinois Nursing Home Care Act outlines the mandatory requirements for nursing homes throughout the state of Illinois. The Act was designed to protect the rights of vulnerable disabled and elderly nursing home residents who may be susceptible to exploitation, neglect, or abuse. Under the Nursing Home Care Act, residents of long term care facilities generally have the same rights that any other person has under the Constitution, Illinois law, and federal law. A nursing home resident can’t be deprived of those rights solely because they live in a long term care facility.

In addition to having the right to be free from physical, emotional, and sexual abuse and neglect, the Illinois Nursing Home Care Act details a number of specific rights and protections for nursing home residents. Some of these rights include but are not limited to:

• Spousal Impoverishment Rights
• The Right to Manage His or Her Own Finances (unless under guardianship)
• Rights to His or Her Personal Property
• The Right to Choose His or Her Own Doctor
• The Right to Refuse Medical Treatment
• Confidentiality Rights Pertaining to Medical and Personal Care
• Freedom from Unnecessary Chemical or Physical Restraints
• The Right to Private Visits
• The Right to Communicate with a Nursing Home Abuse Attorney

When the Nursing Home Care Act Rights Are Violated

The Nursing Home Care Act also allows a victim of abuse who is a nursing home resident to hire a nursing home abuse attorney and seek compensation for any violations of his or her rights. Unlike personal injury cases, a victim of abuse who pursues damages doesn’t have to prove nursing home negligence or recklessness to succeed in a claim in the state of Illinois. They merely have to prove that their rights were violated and that the violation caused them some type of injury or damages.

Who Can File a Nursing Home Abuse Lawsuit?

While nursing home residents are eligible to sue for abuse or neglect, many lack the mental capability to do so. If the victim is unable to file a lawsuit, family members or other parties may be able to pursue damages on behalf of the victim in Illinois. However, to sue a long term care facility on behalf of an abused or neglected resident, you must be the legal guardian of a victim who is incapacitated or otherwise unable to file a legal claim on his or her own or the personal representative of the estate of a resident who suffered wrongful death caused by nursing home neglect or abuse.

Types of Compensation You Can Recover

Victims of nursing home abuse, negligence, or Nursing Home Care Act rights violations may be able to recover compensation for:

• Medical expenses that resulted from abuse, neglect, medication errors, or medical malpractice
• Financial assets that were lost
• Pain and suffering, including anxiety and depression, caused by the neglect or abuse
• Disability and disfigurement
• Loss of enjoyment of normal life
• Attorney fees

The Rate of Nursing Home Negligence Is on the Rise

In 2018, more than 52 million American citizens were 65 or older. That number is expected to nearly double to 95 million by 2060. Increasing age often brings serious health problems that make it difficult for family members to provide their elderly loved ones with the medical and personal care required. In such situations, family members often decide to place their loved ones in a Chicago nursing home. As of 2017, about 1.2 million seniors needed nursing home care. By 2030, this number is expected to increase to 1.9 million.

Unfortunately, the decision to place a family member in a long term care facility can leave that person at risk of becoming a victim of abuse or neglect. It is estimated that 1 in 10 people over age 60 suffer some form of elder abuse. In fact, approximately 5 million elders are abused every year. According to reports, as many as 24.3% of nursing home residents experienced at least one instance of physical abuse. And in 2019, the Office of Inspector General reported that approximately 1 in 5 emergency room visits among nursing home residents was attributed to abuse or neglect. It is estimated, however, that only a small percentage of incidents are ever formally reported. According to the U.S. Justice Department, caregiver neglect is the most unreported form of elder abuse, with only 1 out of 57 cases getting reported. The World Health Organization (WHO) stated that about 64% of nursing home staff members admitted to abusing residents in 2017.

Why Is Nursing Home Abuse So Prevalent?

While there is never an excuse for a nursing home resident to suffer abuse or neglect, there are a number of issues that may increase the likelihood of nursing home negligence and abuse.

• Understaffing
• Lack of Training
• High-Stress Environments
• Miscommunication
• Negligent Hiring Practices
• Intentional Medical Malpractice

Signs of Nursing Home Negligence or Abuse

If your loved is a nursing home resident who suffers an injury or a sudden decline in health, he or she may be a victim of abuse or neglect. Residents of nursing homes are often vulnerable and isolated. Many are in an incapacitated state and are unable to speak up against injustices. Sadly, these are the ones who may suffer from neglect or even outright abuse. While some common nursing home injuries are obvious to the casual observer, other signs of nursing home abuse and neglect may be more difficult to identify. You may notice odd injuries on your grandmother or your parent who resides in a long term care facility but the explanations from staff members seem plausible. How can you know if these are identifying signs of nursing home abuse and neglect?

• Physical or emotional abuse – While physical abuse typically leaves visual evidence, like unusual bruising, bone fractures, or scratches, the lack of physical indicators that generally occur with emotional abuse can make it difficult to identify. Symptoms include social withdrawal, depression and non-responsive behavior, avoidance of physical contact. These types of abuse are attractive choices for the type of abuser who enjoys manipulation and control over vulnerable victims.
• Medical neglect – A form of medical malpractice, neglect includes staff delays in providing medical care, lack of staff concern over a patient’s medical condition, and failure to follow through on primary doctor’s instructions. Medical neglect is usually evident in the appearance of bedsores, malnutrition, dehydration, and when medication errors occur.
• Personal hygiene neglect – This type of nursing home negligence is common in facilities where there is a lack of adequate staffing. When personal hygiene neglect occurs, victims may exude a bad smell, greasy hair, unshaven faces, soiled clothing or bedding, hair that looks as if it hasn’t been brushed, dirty nails, and flaky, dry skin.
• Social and psychological neglect – When a long term care facility prevents a nursing home resident from communicating or visiting with friends and family members without a medical or safety reason, it is a form of abuse. Signs include listlessness, depression, changes in personality, non-responsive behavior, and anxiousness.
• Sexual Abuse – Sexual abuse can take many forms and often includes inappropriate fondling or touching, forced nudity, or taking nude photos of the victim. Signs of sexual abuse include Sudden difficulties sitting or walking, pelvic injuries or unexplained bruises on the breasts or genital area, bloody, stained, or torn clothing, sexually transmitted diseases, and withdrawal from communication or social activities.
• Financial Abuse – When a nursing home uses a resident’s financial assets improperly for their own gain or a staff member steals, unduly influences, or commits forgery, the resident may be a victim of financial abuse or exploitation. Missing property, a dwindling bank account, or a revised will are all indications of this type of abuse.

Often you may have to rely on a gut feeling that tells you something isn’t right. Don’t be afraid to confront staff with questions involving your loved one’s care. If you suspect that you are not getting the truth, our nursing home abuse attorneys at Strom & Associates can look deeper into your concerns and provide you with legal options.

Medication Errors in Nursing Homes

Medication errors are common in long term care facilities due to understaffing, miscommunication, and lack of training. Various medical malpractice concerns may be experienced by nursing facility residents that are grounds for a lawsuit on the basis of medication errors. These include:

• Administering too much or to little medication
• Administering the wrong medication
• Using an incorrect administration technique
• Giving expired medications

If the negligence of a nursing home sends your loved one to the hospital or causes them to become ill or injured, you can fight back. Our attorneys have the resources and experience to help you maximize your recovery. We bring to the table more than 50 years of combined legal experience and a wide network of experts, investigators, and other specialists we can call upon to help uncover nursing home abuse and neglect.

With our partner, we have settled hundreds of cases against large nursing home companies throughout the state of Illinois, recovering, on average, over $400,000 per client.

We Are Nursing Home Abuse Lawyers And We Can Double The Money You May Receive

Few decisions are as difficult as whether to place a loved one in a nursing home. When you choose to do so, your expectation is that he or she will receive the proper care they deserve. Many times, nursing homes fail to meet that expectation. If the negligence of a nursing home sends your loved one to the hospital or causes them to become ill or injured, you can fight back.

At Strom & Associates in Chicago, Illinois, we partner with a leading nursing home abuse law firm to help victims of nursing home abuse and neglect pursue the compensation they deserve. Our work has resulted in recoveries that are more than double the amount* when compared to some other law firms in the area.

The Resources And Experience To Help You Maximize Your Recovery

Our attorneys bring to the table more than 50 years of combined legal experience, along with a wide network of experts we can call upon to help uncover nursing home abuse and neglect.

With our partner, we have settled hundreds of cases against large nursing home companies throughout the Chicago-land area, recovering, on average, over $400,000 per client.*

Send A Message To The Nursing Home Industry And Their Insurance Companies … Get Double The Amount

If you have a loved one in a nursing home who suffers an injury or a sudden decline in health, abuse or neglect is a possible cause. At Strom & Associates, we know how to fight to protect your legal rights.

Call 312-605-8840, punch #4 on your keypad to connect directly to us. Call immediately, so we can get to work building the strongest possible claim.

* Based upon past results as of 8/3/16 of our total Cook County filed cases compared to the published results of competitors against particular nursing homes. Previous results do not guarantee a similar outcome.