Countless families are affected by nursing home abuse every single year. According to the most recent statistics from the National Center for Victims of Crime, nearly 14,000 nursing home residents filed complaints related to abuse or neglect in 2014. Nursing home abuse or neglect often results in serious physical or mental health issues, or worse, sometimes even the death of a nursing home resident. If your loved one was abused or neglected in a nursing home and suffered injuries, you are entitled to pursue compensation.
Here at our firm, the Larson Law Group LLC, we have the experience and resources to assist, support, and represent clients who have been victimized by nursing home abuse and neglect. Our experienced Illinois personal injury team will review and investigate all of the details of your case and explore all possible legal options to recover damages. We will fight compassionately to protect your loved one's rights and help you pursue fair financial compensation that can cover the medical costs of their injuries and any additional pain and suffering they were forced to endure.
Larson Law Group LLC proudly represents victims of nursing home abuse in Chicago, Illinois, and the surrounding communities of La Grange, McCook, Brookfield, Lyons, and Western Springs, Illinois. Call today to schedule your own free case consultation.
Abuse can be described as any physical injury, sexual abuse, or mental injury inflicted on a resident other than by accidental means. Nursing home residents in the state of Illinois are protected from abuse and neglect under both state and federal laws. Under the Illinois Nursing Home Care Act, residents have the following rights:
The right to complain
The right to choose their own doctor
The right to manage their own finances
The right to freedom of communication
The right to freedom of religion
The right to their own clothing and personal property
The right to be informed of potential consequences of medical treatment
The right to examine their medical records
The right to have their appointed caregiver or nurse examine their medical records
The right to be free of physical restraints or to agree to the use of restrain if medically warranted
Nursing homes and adult care facilities that fail to ensure the overall wellbeing, safety, and health, of their residents and uphold the rights of those residents can be held liable for both civil and criminal penalties.
Under The Nursing Home Care Act (210 ILCS 45/2-106), here are some important provisions guiding the use of restraints:
Neither restraints nor confinements shall be employed for the purpose of punishment or for the convenience of any facility personnel.
No restraints or confinements shall be employed except as ordered by a physician who documents the need for such restraints in the resident's clinical record.
A restraint may be used only with the informed consent of the resident, the resident's guardian, or other authorized representatives.
A restraint may be used only for specific periods if it is the least restrictive means necessary to attain and maintain the resident's highest practicable physical, mental or psychosocial wellbeing.
A restraint may be used only after consultation with appropriate health professionals.
A restraint may be applied only by a person trained in the application of the particular type of restraint.
According to 210 ILCS 30/2, The Illinois Department of Public Health shall, upon receiving reports of nursing home neglect or abuse, seek to protect residents and prevent further harm to the resident who was the subject of the report and other residents in the facility.
Neglect can be described as a failure in a long-term care facility to provide adequate medical or personal care or maintenance, and that failure results in physical or mental injury to a resident or in the deterioration of a resident's physical or mental condition.
Some common signs of nursing home abuse or neglect include:
Pressure ulcers or bedsores
Residents are emotionally upset and non-communicative
Rapid weight loss or weight gain
Falls, fractures, bruises, or head injuries
Instances of wandering or elopement
Residents are reluctant to speak in the presence of staff members
Unusual or sudden behavioral changes
Unsanitary and unclean conditions of the care facility
Unexplained injuries, including wounds, cuts, bruises, or welts in various stages of healing
A lot of families have turned to the use of "Granny Cams" to monitor their vulnerable loved ones and ensure their safety in the care facility. Under the Authorized Electronic Monitoring in Long-Term Facilities Act, the use of electronic monitoring devices, such as Granny Cams, are permitted in Illinois nursing homes.
Depending on the surrounding circumstances, any of the following parties may be held liable for nursing home abuse or neglect:
The nursing home staff who caused the injury.
The owner of the care facility for negligence or failure to provide a safe environment.
A third party that provides essential services to the care facility if they caused the injury.
To recover damages for nursing home abuse, the claimant must prove negligence by showing the following elements:
The nursing home owed a duty of care to your loved one
The nursing home breached that legal duty of care
The nursing home was negligent when it breached its duty of care
The nursing home's negligence caused injury or death to your loved one
You suffered monetary damages due to the injury or death.
The fact that injuries from nursing home abuse and neglect are relatively common is quite disheartening. In such situations, filing an injury claim can help you hold the nursing home or adult care facility accountable for your loved one's injuries. However, proving negligence and recovering damages in nursing home abuse cases can be difficult without the help of an experienced attorney.
At Larson Law Group LLC, our top priority is to protect your loved one's safety and general well-being. We remain committed to helping injured victims and their families pursue the compensation they need and deserve. As your legal counsel, we will review every last detail of your unique situation, conduct an in-depth and private investigation, and exhaust all available legal options to recover damages.
Attorney John Larson and his legal team will fight compassionately on your side to protect your vulnerable loved one's rights and work to hold the liable parties accountable. We will do everything we can to help recover deserved compensation for your loved one’s injuries and any additional pain and suffering they have been forced to endure. With our team on your side, you can rest assured that your case is in good hands.
If you are concerned about the safety of your loved one due to suspected abuse or negligence, contact Larson Law Group LLC today to schedule a case assessment. John and his legal staff can fight compassionately to protect your loved one's rights and help you seek fair financial compensation for their injuries. Larson Law Group LLC is proud to serve clients in Chicago, Illinois, and the surrounding areas of La Grange, McCook, Brookfield, Lyons, and Western Springs, Illinois. Call today for help!