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CHICAGO, IL – Nursing home abuse is a grave concern that can have devastating consequences for elderly residents. In Illinois, if you suspect that a loved one has suffered abuse or neglect in a nursing home, it’s crucial to understand the legal avenues available to seek justice. Filing a nursing home abuse lawsuit involves several key steps, and navigating this process can be complex. Here’s a comprehensive guide to help you understand the process for filing a nursing home abuse lawsuit in Illinois.

1. Identify and Document the Abuse: Before filing a lawsuit, you need to have a clear understanding of the abuse or neglect that has occurred. Nursing home abuse can take many forms, including physical abuse, emotional abuse, sexual abuse, neglect, and financial exploitation. Documentation is essential, including medical records, photographs, witness statements and reports. You will need this documentation to prove injury or neglect and unsafe living conditions.
2. Consult with an Attorney: Once you have gathered sufficient evidence, the next step is to consult with a lawyer who specializes in nursing home abuse cases. An experienced attorney will evaluate your case, help you understand your legal rights and determine the best course of action. During the consultation, you’ll discuss the evidence, your legal options and obtain a case evaluation to assess the strength of your case and be advised on the potential outcomes.
3. File a Complain: If you decide to proceed with a lawsuit, your attorney will draft a formal complaint outlining the allegations against the nursing home. The complaint will include the parties involved, allegations and damages. The complaint is then filed with the appropriate Illinois court. In Illinois, nursing home abuse lawsuits are typically filed in the Circuit Court of the county where the abuse occurred.
4. Serve the Defendants: After filing the complaint, the next step is to serve the defendants with a copy of the complaint and a summons. This legal document notifies the nursing home and other defendants of the lawsuit and their obligation to respond.
5. Discovery Process: Once the defendants respond to the complaint, the discovery phase begins. This phase involves both parties exchanging information and evidence relevant to the case. Discovery methods include interrogatories, depositions and requests for documentation. Discovery is crucial for building a strong case, as it helps uncover additional evidence and clarify the facts surrounding the abuse.
6. Pre-Trial Motions and Settlement Negotiations: Before the trial, there may be pre-trial motions where either party requests the court to make certain rulings or dismiss parts of the case. Additionally, many nursing home abuse cases are settled out of court. Settlements made be made through mediation or a settlement offer. Mediation is when a neutral third party helps facilitate negotiations between the plaintiff and the defendants whereas a settlement offer is when the defendant(s) offer a financial settlement to resolve the case without going to trial. If a settlement is reached, it must be approved by the court, and the case will be resolved without a trial. If not, the case proceeds to trial.
7. Trial: If the case goes to trial, both parties present their evidence and arguments before a judge or jury. The trial process involves opening statements, presentation of evidence, closing arguments and the verdict.
8. Post-Trial: If you win the case, the court will award damages based on the harm suffered. If you lose, you may have the option to appeal the decision. If you believe there was a legal error in the trial, you can appeal to a higher court for a review.

Contacting a Nursing Home Abuse Lawyer in Illinois 

Filing a nursing home abuse lawsuit in Illinois is a multi-step process that requires careful documentation, legal expertise and persistence. The Dinizulu Law Group is here to help you significantly improve your chances of achieving a favorable outcome and ensuring that the abusive practices are addressed. If you suspect abuse or neglect in a nursing home, take prompt action and contact us immediately to seek justice for your loved one. Call us at (312) 834-1920 to receive a free consultation today!

CHICAGO, IL – Individuals who pursue personal injury claims may want to switch doctors if they feel their healthcare provider is not sufficiently treating their injuries; however, this can be damaging to their case. Especially in the event that the new healthcare provider uses the same approach as the previous doctor, the insurance company may deem the treatment as unnecessary and refuse to cover it.

Alternatively, if someone suffers a permanent injury, more treatments may not be beneficial. Therefore, it’s in your best interest if you’re pursuing a civil lawsuit to consult with a personal injury attorney at the Dinizulu Law Group before switching doctors due to dissatisfaction with your current medical treatment.

What Doctor to See After an Accident in Chicago, Illinois

If you are injured in an accident, you will likely be seen by a doctor in the emergency room; however, once you are released from the hospital, you will need to find a doctor who can provide you with long-term care. If you do not have a regular doctor, your insurance company may give you a list of their network providers.

If you already have a regular doctor, you may want to stick with them for your injury case. This is because they already know your medical history and can provide continuity of care; however, if you are unhappy with your regular doctor or need specialized treatment, you may consider finding a new doctor.

How Long Do I Have to Go to a Doctor in Illinois?

It’s important to seek medical treatment as soon as possible after an accident for documentation purposes and to support your personal injury claim. If you wait too long to see a doctor, the insurance company may argue that your injuries are unrelated to the accident.

In Illinois, the statute of limitations for a personal injury claim is two years which begins on the date the injury occurred.

Doctor Shopping

Be prepared for the “doctor shopping” accusation from the insurance company if you choose to move forward with switching doctors while pursuing a personal injury case. This argument accuses the injured party of searching for a doctor who will provide an opinion that will favor them in the case.

Is it Appropriate to Switch Doctors During a Civil Claim?

You may be able to switch doctors through a physician referral after a substantial amount of treatment. For instance, if a patient’s condition isn’t improving, their doctor may refer them to another physician or specialist to explore more aggressive forms of treatment. Similarly, the insurance company probably would not push back if you changed doctors for another unavoidable reason, such as your current provider leaving the profession or moving to a new location.

In other words, you may need to provide proof that a change in doctors was medically necessary to refute allegations of “doctor shopping.”

What If a Doctor Recommends Alternative Care?

Importantly, switching doctors during a personal injury case by your own volition is very different from switching doctors because another physician recommended that you do so. For example, if basic chiropractic treatment does not resolve lingering back pain stemming from a car wreck, the chiropractor might refer that patient to a specialist or even recommend corrective surgery.

If you take a look at the recent headlines in Chicago, one thing becomes clear: Sex abuse and assault are absolutely rampant in this city from schools to massage parlors and foster homes, it seems that a wide range of people are being subjected to traumatic, life-changing assaults and abuses that are totally inexcusable. Unfortunately, the sex abuse cases that we hear about only represent the tip of the iceberg. It is a well-known fact that many sex abuse prefer to stay silent, often preferring to deal with their trauma alone rather than exposing themselves to the shame and embarrassment that comes with filing a report. Some never speak out, while others only come forward after decades have passed. This means that aside from these major news story, countless additional acts of sexual abuse and assault may be occuring without anyone knowing.

Daycare Teacher Abused Children in Elgin

On November 29th, it was reported that a daycare teacher in Elgin was facing six felonies for abusing two children during the course of his employment. This individual allegedly abused two different children – both younger than 13 – over the course of his 14-year career as a daycare teacher at The Learning Tree.

Authorities stressed that this individual was in a position of authority and trust, which allowed him to abuse his students. It was also noted that he was in complete control of their supervision with no other oversight. His bail was set at $200,000, and it is likely that this 57-year-old will spend the rest of his life behind bars if convicted. The Learning Tree may also be sued by victims – especially if more parents and past students come forward with similar complaints.

Woman Sues Massage Parlor for Sexual Abuse

On November 30th, it was reported that a woman in Kane County had sued a massage parlor for inappropriate touching. These stories are becoming all too common, and this particular incident occurred in 2020. The victim states that she was penetrated by the masssuer’s fingers and immediately told the abuser to stop. She also states that it took her a while to come to terms with what happened, but she eventually spoke with her husband and a counselor.

After five days, she made the decision to report the crime to the Geneva Police. The police report later described how the victim had been penetrated four times in a matter of seconds. The masseur was supposed to be working on the woman’s hip-flexors. Eventually, the abuser was charged with multiple felonies and was forced to plead guilty o criminal sexual abuse. But this victim went one step further, suing the massage parlor after learning that the masseur had a history of felonies before gaining employment.

Loyola University Chicago Sued for Mishandled Sexual Misconduct Complaints

On November 5th, it was reported that Loyola University Chicago was being sued for allegedly mishandling complaints of sexual misconduct. The school is run by the Jesuit Catholic order. One student claimed that she was abused so brutally at a frat party that she was left with bruises. She complained to the fraternity leaders and was assured that the individual – a pledge – would not be allowed to join the fraternity. She then filed a report with the university’s administration and was met with very little feedback or information as the investigation continued. Finally, the unversity concluded that she had provided insufficient evidence to back up her claims. This victim is now joining two other women in a lawsuit against the university for “systemically mishandling and underreporting student complaints of sexual misconduct.”

Military Academy Sued for Child Sex Abuse by Chicago Lawyers

On November 23rd, it was reported that Chicago lawyers were filing a child sex abuse lawsuit against St. John’s Northwestern Military Academy. The lawsuit alleges that a younger student was abused by an older, senior-ranked student and that the school allowed these abuses to continue.

Where Can I Find a Sex Abuse Attorney in Chicago?

If you’ve been searching for a qualified, experienced sex abuse attorney in Chicago, look no further than Dinizulu Law Group, Ltd. Over the years, we have helped numerous victims – including those who have suffered serious sexual abuse and assault. We know how pervasive this issue is throughout Illinois and Chicago, and we’re ready to help you fight for your rights and pursue justice. Even though a financial settlement cannot change what happened, it may provide you with a sense of closure – allowing you to move on with your life. In addition, it can help hold guilty parties accountable – ensuring that fewer victims suffer the same fate in the future. Book your consultation today to get started.

Sources

1. https://www.nbcchicago.com/news/local/elgin-teacher-facing-felony-charges-in-connection-to-alleged-sexual-abuse-at-daycare-center/3008320/
2. https://www.cbsnews.com/chicago/news/geneva-massage-envy-sexual-assault-lawsuit/
3. https://www.wbez.org/stories/lawsuit-loyola-chicago-sex-misconduct-complaints-mishandled/5266a099-1c50-4683-9541-12cdd4d509ce
4. https://www.jsonline.com/story/communities/lake-country/news/delafield/2022/11/23/lawsuit-alleges-past-child-sex-abuse-at-academy-in-delafield/69669136007/

When most people hear about nursing home lawsuits, they assume that the nursing home is being sued. But the roles may be reversed in many situations. Believe it or not, nursing homes are suing their own residents and the family members of seniors. This may occur for a number of reasons, and it goes to show that these organizations are primarily motivated by profit. Their moral responsibility to care for seniors is a peripheral concern. Of course, a lawsuit is the last thing most seniors need – especially if they are already suffering from cognitive and physical decline. These seniors may also be suffering from serious abuse at the hands of nursing homes.

If you find yourself dealing with any legal issues related to nursing homes, your best bet is to get in touch with a qualified, experienced nursing home abuse attorney at your earliest convenience. These legal professionals can guide you towards a positive outcome in a confident, efficient manner. With their help, you can defend against nursing home lawsuits while simultaneously pushing back and suing them for elder abuse. These situations are quite common in the modern era, and many seniors have received multi-million-dollar settlements for everything they have been forced to endure. It’s always a good idea to get in touch with an attorney as soon as possible. Wait too long, and the statute of limitations may prevent you from suing.

New Report Highlights Common Legal Issue Faced by Families

On July 28th of 2022, NPR published an article highlighting the prevalence of lawsuits filed against families of seniors in nursing homes. The lawsuits were targeted towards families who were behind on their bills. Nursing homes say that they have been left with few options, as they cannot continue to house and feed seniors who are not paying their bills. The only option is to sue the family members to forcibly obtain the payment they are owed. Of course, this is only one side of the argument.

Family members tell a different story. They claim that they are being contacted out of the blue and asked to pay sums that are completely unreasonable. Not only that, but distant family members are being contacted with these demands – despite not being responsible for the payments in the past. In some cases, family members who have no control over their senior loved one’s money are being asked to pay thousands of dollars. These family members may also have no legal authority to make decisions on a senior’s behalf.

According to the latest statistics, only five percent of Americans with medical debt have been sued. But for those in this minority, the consequences can be shattering. Nursing homes are perhaps some of the most likely medical organizations to pursue legal action in order to recover debt. Many experts are describing this behavior as “aggressive” or “pernicious.”

Sometimes, nursing homes accuse relatives and friends of stealing money from senior residents – completely without any evidence, of course. In other situations, nursing homes have contacted the wrong family members – accusing cousins of being mothers and making similar mistakes.

The situation becomes even more problematic when you consider the fact that a number of nursing home companies have been investigated for “deceptive billing practices.” In some cases, wages of sons and daughters have been garnished in order to pay for these debts. Sometimes, relatives are told they should have used assets from seniors’ accounts to pay for their stay at nursing homes. But how are these relatives supposed to access bank accounts owned by other people?

The truth is that few individuals hire lawyers when faced with these demands for money. This is because lawyers are expensive – especially when you’re defending yourself. However, it is possible to have these lawsuits dropped with the right legal strategies.

Where Can I Find an Attorney Near Me?

If you’ve been searching for a qualified, experienced nursing home abuse attorney in Illinois, look no further than Dinizulu Law Group, Ltd. Over the years, we have helped numerous families struggling with legal issues related to nursing homes. We know that these situations can seem incredibly daunting – especially if your nursing home is using underhanded tactics to take money from you. With our help, you can protect your financial well-being and push back against nursing homes for any misconduct or abuse your senior might have suffered while in their care. Book your consultation today to explore your legal options and get started with an effective action plan.

Sources

1. https://www.npr.org/sections/health-shots/2022/07/28/1113134049/nursing-homes-are-suing-friends-and-family-to-collect-on-patients-bills
2. https://truthout.org/articles/nursing-homes-are-suing-the-friends-and-family-of-residents-to-collect-debts/

Dinizulu Law Group, Ltd.
(312) 384-1920
221 North LaSalle, Suite 1100
Chicago, IL 60601
info@dinizululawgroup.com
Toll Free: +1-800-693-1LAW

If you have further questions about this article or legal concerns call 800-672-3103

CHICAGO, IL – A hospital stay can be stressful financially and worry whether you’ll receive the proper treatment. Unfortunately, 21% of American patients report errors in their medical treatment. According to a Johns Hopkins study, medical errors account for the third leading cause of death in the U.S.

If a doctor fails to diagnose or misdiagnoses an existing medical condition, illness or injury that worsens after the failure or misdiagnosis, you may have the right to assert a claim of medical malpractice.

Statistics on medical malpractice claims based on failure to diagnose

In an article in Claims Journal, a recent study found that “inaccurate or delayed diagnoses were cited in 34% of medical malpractice claims where the patient died or was seriously disabled.” Claims involving diagnostic errors also accounted for 28% of all payouts during the study period.

Reasons to sue a hospital

Medical malpractice is the leading reason to sue a hospital. You, the plaintiff, have to prove the health care worker did not act as any reasonably skilled provider with the same level of experience would have in that situation, causing harm. The most common reasons are:

• Failure to diagnose a medical condition: Doctors must follow professional protocol when making a diagnosis; however, doctors sometimes fail to order tests or imaging.
• Failure to treat: Just as missing an important diagnosis, doctors can also overlook treatment possibilities.
• Injury during treatment: Surgical errors, for example, could rupture blood vessels or cause significant bruising resulting in permanent disability or death.
• Failure to document: Documentation errors that lead to over medicating a patient or a wrong diagnosis.
• Medication errors: The Food and Drug Administration (FDA) receives more than 100,000 reports of medication errors annually. Many of these errors occur in bustling hospitals where communication breakdown is frequent.

Who should you sue?

Each case varies; however, depending on your case, you can pursue damages against the hospital, medical professional or both. Under Illinois law, patients and families can sue doctors for failure to diagnose if they can prove:

• The doctor breached his or her duty of care by failing to diagnose the patient’s condition;
• The existence of a duty of care (i.e., a doctor-patient relationship);
• The failure to diagnose cause physical harm (or death) to the patient; and,
• The patient (or patient’s family) suffered financial and non-financial losses as a result of the failure to diagnose.

Proving medical negligence can be extremely complicated. If you or someone you love suffered at the hands of a medical professional, it’s in your best interest to speak with a Chicago medical malpractice lawyer as soon as possible. The knowledgeable attorneys at the Dinizulu Law Group has a proven history of success, even in the most complex claims.