When a family places an aging or vulnerable loved one in a nursing home, there’s an expectation that the facility will provide attentive, compassionate care. Sadly, cases of nursing home neglect occur with alarming frequency. This form of elder abuse can lead to severe physical injuries, emotional suffering, and even wrongful death. Here’s some advice from a lawyer in Chicago about how to address nursing home neglect.
How to Address Nursing Home Neglect: Advice from a Nursing Home Neglect Lawyer in Chicago
What Is Nursing Home Neglect?
Nursing home neglect occurs when a facility or its staff members fail to provide the basic level of care required to meet a resident’s fundamental needs. Instances of neglect may be unintentional (due to understaffing or inadequate training) or deliberate actions of abuse.
Common forms of nursing home neglect include failure to provide basic hygiene needs, like bathing, dressing, grooming, and oral care. There may also be failures to meet residents’ nutritional needs, such as inadequate or inappropriate food and lack of access to water. Additionally, neglecting proper medical care can manifest as ignoring medical issues, administering incorrect medications, and failing to prevent falls. A lack of a safe and clean environment – including unsanitary conditions, bedsores, and improper safety measures – poses further risks. Finally, emotional neglect can come in the form of isolation, ignoring a resident’s calls for help, and even verbal abuse.
Signs of Nursing Home Neglect
Be vigilant for warning signs like changes in physical appearance, including unexplained weight loss, an unkempt appearance, bedsores, or unusual bruises and injuries. Additionally, watch for changes in behavior such as withdrawal, depression, fear, agitation, or expressions of unhappiness.
Unsafe or unsanitary conditions, like an unclean living space, lack of hygiene items, or signs of pests, are also major red flags. Frequent or recurring infections, such as UTIs or respiratory infections, could indicate neglect. Finally, be aware of unexplained financial changes like unusual withdrawals, missing belongings, or a changed will or beneficiaries.
Documenting Neglect
Take Photos and Videos
If you notice concerns about a loved one’s care, document everything. Take photos and videos of injuries, unsanitary conditions, or other signs of neglect. Be sure to timestamp your photos and videos for an accurate record.
Keep a Detailed Journal
Log dates, times, and descriptions of any incidents or concerns, including names of staff. Note any changes in your loved one’s demeanor or physical condition. Your detailed observations can be powerful evidence to support your concerns.
Save Communication
Keep emails, written notes, or voicemails from nursing home staff. These communications might contain admissions of problems or promises of action that were not taken.
Obtain Medical Records
Medical records can help show patterns like repeated infections or untreated injuries. Request copies of your loved one’s medical records from the nursing home and any outside providers they may see.
Reporting Nursing Home Neglect in Chicago
Illinois law mandates reporting suspected elder abuse or neglect, and there are several ways to report. In cases of extreme or life-threatening neglect, contact 911. If the situation is not life-threatening but still warrants investigation, you should still contact the nursing home administrator to formally report abuse with the nursing home. They are legally required to investigate.
You should also file a report with the Illinois Department of Public Health (IDPH) by calling the IDPH hotline at 1-800-252-4343. Finally, it is always wise to consult a nursing home neglect lawyer.
Legal Options for Victims of Nursing Home Neglect
Families may also be entitled to compensation for a wide range of damages. This can include medical expenses stemming from the neglect, the pain and suffering endured by the resident, and the emotional distress experienced by family members. In cases where the misconduct was particularly willful or wanton, punitive damages may also be considered.
Frequently Asked Questions About Nursing Home Neglect Cases
How Long Do I Have to File a Lawsuit?
What If My Loved One Has Passed Away?
In the tragic event of a wrongful death due to neglect, families may still be able to file a wrongful death lawsuit. These lawsuits seek compensation for the losses suffered by the survivors of the deceased. An attorney can evaluate your circumstances and advise you on whether a wrongful death claim is possible.
How Much Does It Cost to Hire a Lawyer?
Many nursing home abuse attorneys work on a contingency fee basis. This means they don’t get paid unless they win your case, and their fee is a percentage of the compensation you receive. This structure makes legal representation accessible to more families who may not otherwise be able to afford an attorney.
Choosing a Nursing Home Abuse Lawyer
Finding the right legal representation is essential when you’re addressing something as personal as nursing home neglect. Look for an attorney with extensive experience in nursing home abuse cases, as they will have a comprehensive understanding of the laws and regulations governing nursing homes in Illinois. In addition, you want to find an attorney who has a proven track record of securing compensation for victims of nursing home neglect.
Handling these sensitive cases demands compassion, as well, so find a lawyer truly dedicated to fighting for the rights of your loved one. Look for a lawyer who specializes in these cases not just professionally, but also from a personal passion to fight for those who have been wronged.
Don’t Wait to Act
Nursing home neglect is a serious issue that sadly occurs far too often. If you or a family member is enduring neglect in a nursing home, don’t hesitate to do what is needed to protect them and make sure dignified care is being provided for those last years of life. Remain vigilant, recognize the warning signs, know your legal options, and don’t be afraid to be the one to speak up and advocate for yourself or your loved one.
If you notice a lack in the care that you or your loved one is receiving, take steps to safeguard vulnerable residents and hold negligent facilities accountable. Start by contacting the Cullotta Bravo Law Group today for a free consultation.