Proving nursing home neglect in Illinois presents a number of unique challenges. Having worked as a nursing home neglect attorney in Antioch and throughout Illinois, I have seen many cases where there are often seemingly invisible indicators of neglect. This can make the pursuit of justice for affected families complicated and time-consuming. While Illinois has a law through which families can seek redress for these wrongs, wading through the waters of these laws to enact them into practice requires precision in understanding the statutes and where they apply.
Neglect in a nursing home is a form of elder abuse and is defined by the Illinois Nursing Home Care Act, 210 ILCS 45. The Act provides that residents should be provided appropriate and sufficient health care, they should be given an environment free of hazards, and their personal and social needs are also taken care of. Yet translating such general legal principles into a successful legal strategy for proving neglect is complex.
One of the major problems is simply the very nature of neglect itself. Whereas abuse generally tends to denote intentional harm, most neglect involves an inactivity of sorts. Examples may range from neglect in terms of needed medical treatment to proper nutrition and personal hygiene. Such neglect often leads to serious health complications such as bedsores, malnutrition, dehydration, and infections, which are indeed common among many nursing home residents.
Another challenge involves evidence collection. Residents who are being neglected often have cognitive issues, like dementia, and are unreliable witnesses to their own neglect. Nursing home staff may be reluctant or fearful about coming forward against an employer. In these instances, documentation such as medical records, staffing logs, and internal reports becomes key. Such documents can prove the differences in care given and the care needed by law.
Further, Illinois statute requires that claims of nursing home neglect be established through the testimony of experts: 735 ILCS 5/2-622. It provides that evidence be reviewed by a qualified health professional, typically a medical doctor or nurse who specializes in the field of nursing home care and provides testimony that the standard of care has not been met. The actual retaining of an expert can be critical in proving a case and usually will make or break a claim.
Legal claims for nursing home negligence are also subject to Illinois’ statute of limitations. There is a general rule for a statute of two years from the actual date the neglect was or reasonably may have been discovered, in which one can file a lawsuit. This puts many families and their attorneys at a great disadvantage as they must scramble to try and establish a case quickly.
There are many various signs, but common ones include unexplained weight loss, poor personal hygiene, medical needs being unattended, and unsanitary living conditions. Sometimes, emotional withdrawal or sudden changes can be a sign of neglect.
It is crucial to retain a lawyer who has experience in nursing home neglect. A person needs to find a lawyer with broad comprehension about elder law and one who has won similar cases. A empathetic attorney showing clarity in speech and fight for rights of the loved one is an important factor to consider.
The IDPH has been vested with the responsibility of approving licensure and carrying out inspections on nursing homes. They also investigate complaints of neglect and abuse. If you suspect neglect, you can, and should, file a complaint with the IDPH; they will then investigate the allegations, which may be used as part of your legal action.
Yes, you can take your loved one out of the facility if you think they are in imminent danger. However, this should be done in conjunction with making alternative arrangements for care and in consultation with an attorney to make sure such actions are taken in the best interest of your loved one and that you are not inadvertently affecting your legal claims.
How long does a lawsuit take regarding nursing home neglect? The length of time greatly varies depending on the specifics of a case, evidence, legal strategy, and court schedule. It can be a few months or even a few years before resolution.
Some negligence facilities may offer a settlement in an attempt to settle the claim of neglect quickly. No settlement should be accepted without first discussing with your attorney that the settlement is adequate to cover all of the damages as well as future needs associated with the neglect.
Evidence may include photographing conditions, obtaining medical records reflecting a lack of care or deterioration of health, statements from other residents and their families, and records from staff. An attorney can help in organizing this for the construction of a sound case.
It’s very important that you remain actively involved in your loved one’s care. Through regular visits, participating in the meetings of care planning, and keeping the lines of communication open with caregivers and facility management, one can avoid neglect. Educate yourself on residents’ rights and the responsibilities of nursing home facilities to help in properly advocating on behalf of your loved one.
Illinois law defines nursing home neglect as failure to provide a resident with the care that they need to keep them free from pain, injury, or any further condition that could deteriorate their health. Examples include, but are not limited to, lack of adequate provision or attention to basic needs such as food, water, medication, medical care, cleanliness, and safety.
The establishment of nursing home neglect requires proving a failure by the facility to exercise the standard of care required. This, in most cases, comes with amassing wide-ranging evidence: medical records, eye-witnesses, expert testimony, and facility practices.
If you suspect neglect, it’s paramount that you document everything. Note the conditions you observe, interview your loved one about their care, and ask for medical and facility records. A call to a competent attorney familiar with the particular intricacies of Illinois nursing home law may also serve to point you in the right direction.
In serious sanctions against a nursing home convicted of neglect, there may include fines, license revocation, and/or orders for compensation against the resident. Damages against victims can include medical costs, pain and suffering, and in excessive cases, punitive damages.
Yes, a resident could die due to neglect, and the nursing home might find itself in court on grounds of wrongful death. Family members can demand compensation for funeral expenses and loss of companionship, among other damages the family suffered.
If you believe a loved one might be a victim of nursing home neglect, do not delay contacting our team. The Law Offices of Robert T. Edens stands ready and willing to assist families in Antioch and everywhere else in Illinois with the battle for rights and dignity involving their elderly relatives. Contact our Antioch nursing home neglect attorney at The Law Offices of Robert T. Edens by calling 847-395-2200 to receive your free consultation. With years of experience and dedication, which are necessary to handle intricate cases, your family will have a voice to bring in justice.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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