CHICAGO, IL – When families entrust a loved one’s care to a nursing home, they expect compassion, respect and safety. Unfortunately, nursing home abuse and neglect are all too common, leaving victims and families devastated. If you suspect a loved one is experiencing abuse or neglect in an Illinois nursing home, it’s crucial to understand how the law protects victims and how you can take action through a lawsuit.
Types of Nursing Home Abuse
Nursing home abuse can take many forms, including:
- Physical abuse: Hitting, pushing or using excessive physical force.
- Emotional abuse: Intimidation, verbal assaults or isolating residents.
- Neglect: Failing to provide adequate food, water, medication or hygiene.
- Financial exploitation: Stealing money, forging checks or manipulating a resident into altering legal documents.
- Sexual abuse: Any non-consensual sexual contact or harassment.
Recognizing the signs of abuse — such as unexplained injuries, sudden emotional changes or worsening health — can be the first step toward protecting your loved one.
Illinois Laws Protecting Nursing Home Residents
Illinois has robust laws designed to safeguard nursing home residents. Two key legal protections are:
- The Illinois Nursing Home Care Act
This state law protects the rights of nursing home residents, ensuring they receive proper care and live free from abuse or neglect. It mandates that facilities provide adequate medical treatment, maintain safe living conditions and respect residents’ dignity and privacy.
If a nursing home violates these rights, residents or their families can file a lawsuit under the Act to hold the facility accountable.
- Federal Nursing Home Reform Act
This federal law sets minimum standards of care for nursing homes participating in Medicare and Medicaid programs. Facilities must meet strict guidelines to ensure residents receive appropriate treatment and care.
Filing a Nursing Home Abuse Lawsuit in Illinois
When nursing home abuse occurs, filing a lawsuit can help secure justice for victims and prevent further harm. Here’s what you need to know about the process:
1. Establishing Liability
To succeed in a nursing home abuse lawsuit, you must prove that the facility or its staff acted negligently or intentionally caused harm. Common examples of negligence include:
- Inadequate staff training or supervision.
- Understaffing that leads to neglect.
- Failing to follow care plans or administer medication properly.
2. Collecting Evidence
Evidence is critical in building a strong case. This may include:
- Medical records documenting injuries or illnesses.
- Witness statements from staff, residents or family members.
- Photos of injuries or unsafe living conditions.
- Financial documents if financial exploitation is suspected.
3. Damages You Can Recover
Victims of nursing home abuse may be entitled to compensation for:
- Medical expenses related to injuries.
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life.
- Funeral costs in cases of wrongful death.
How an Attorney Can Help
Nursing home abuse cases can be complex, often involving medical records, expert testimony and detailed investigations. An experienced attorney can help by:
- Identifying signs of abuse or neglect.
- Collecting and preserving critical evidence.
- Negotiating with the nursing home or its insurance company.
- Representing you in court if a settlement cannot be reached.
At the Dinizulu Law Group, we have extensive experience handling nursing home abuse cases and are committed to holding negligent facilities accountable.
Statute of Limitations in Illinois
In Illinois, you generally have two years from the date of the abuse or neglect to file a lawsuit. However, specific circumstances may extend or shorten this timeframe. Consulting an attorney as soon as possible is essential to ensure your case is filed within the required time limit.
Contact the Nursing Home Abuse Lawyers in Illinois
Nursing home abuse is a betrayal of trust that no family should endure. Illinois laws, including the Nursing Home Care Act, provide strong protections for victims and their families. By filing a lawsuit, you can seek justice for your loved one and help prevent others from experiencing the same harm.
If you suspect nursing home abuse, don’t wait — call the Dinizulu Law Group today at (312) 384-1920 or visit our website for a free consultation. We’re here to guide you through the legal process and fight for the justice your family deserves.
