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When concerned family members learn that their senior is being abused at a nursing home, their first reactions are usually frustration, anger, and sorrow. When these initial reactions fade, family members instead start to think about how to take action. The obvious choice is to sue the nursing home for negligence, but that’s not always easy. Family members often have absolutely no experience with the legal system, and they don’t know where to start when it comes to lawsuits. 

If you find yourself in this situation, it’s important to realize that filing a lawsuit is much easier after you get in touch with a qualified, experienced legal professional. Although this process can be complex, you can leave the “heavy lifting” to a qualified lawyer and focus instead on important family matters – such as helping your loved one heal from psychological or physical injuries. 

With that said, you can approach your upcoming lawsuit with a greater degree of confidence if you gain a basic understanding of how this process works. After you learn more about a nursing home lawsuit, it’s easier to take the necessary steps and strive for the best results. With an attorney by your side, you can hold negligent nursing homes accountable for the damages they have caused to you and your family members. These legal professionals can help you strive for a fair, adequate settlement for everything you’ve been forced to endure. With that said, you need to book a consultation with attorneys near me as soon as possible to avoid issues with the statute of limitations. 

Proving Negligence

To move forward with your lawsuit, you first need to make sure that your loved one’s injuries were caused due to the nursing home’s negligence. Negligence is a legal concept that consists of four elements:

• Duty of Care: It is obvious that nursing homes owe their patients a duty of care. This means they have a legal obligation to keep them safe and prevent them from being injured, within reason. 
• Breach of Duty: This means that the nursing home failed to provide this care in some way. For example, they might have operated an understaffed facility. Perhaps they gave your senior the wrong medication. Maybe they allowed a staff member to abuse your senior. These are all examples of “breaches” when it comes to duty of care. 
• Causation: This means that there was a clear connection between the nursing home’s breach of duty and the injury itself. For example, the fact that a nursing home was understaffed may have been a sign of negligence, but the injury might have been related to something else entirely – such as improper sanitation protocols. 
• Damages: The last element of negligence is damages. This means that the negligence actually led to clear injuries. This is easy to prove in most cases, as you will simply need to show medical records that highlight the legitimacy of the injuries (1). 

Most Lawsuits Never Go to Court

Another important thing to remember about lawsuits is that most never actually go to trial. In fact, over 90% of all civil cases never go before a judge. This means that you are far more likely to simply receive a settlement from the negligent nursing home (2). A settlement is often the best outcome for all parties involved. It saves both parties from an expensive, drawn-out trial while also providing the plaintiff (you) with considerable compensation. Although this means you cannot publicly shame the nursing home for their actions, it helps you achieve a sense of closure and justice. 

Negotiating for a settlement isn’t always easy, however. These negotiations can become quite intense, and this is why you need a qualified, experienced attorney on your side. Your lawyer can negotiate on your behalf, pushing back against insurance companies and other entities who will try to offer the lowest possible settlement they think they can get away with. During these negotiations, you may be asked to back up your claims with evidence. 

Enlist the Help of a Qualified Attorney Today

If you’ve been searching for a qualified, experienced nursing home abuse attorney in Chicago, look no further than Dinizulu Law Group, Ltd. With our assistance, you can approach your upcoming lawsuit with a sense of confidence and efficiency. We know that this legal process may seem complicated or even daunting, but that’s exactly why you get help from a legal team. With our guidance, you can handle the ups and downs of your lawsuit and focus on family matters while we deal with the details. Book your consultation today and let us fight for your rights while pursuing justice. 

Sources

1. https://www.law.cornell.edu/wex/negligence
2. https://www.kshb.com/news/local-news/investigations/drowning-sex-abuse-among-issues-i-team-uncovers-at-problematic-nursing-homes

 

Dinizulu Law Group, Ltd.
(312) 384-1920
221 North LaSalle, Suite 1100
Chicago, IL 60601
If you have further questions about this article or legal concerns call 800-672-3103

CHICAGO, IL – Memorial Day weekend sets the tone for the beginning of summer for many people. As we honor the lives of the many men and women who have served our country, people across the country will be celebrating. AAA predicts Memorial Day weekend being the busiest in three years with 90% of travelers commuting by car. As more drivers hit the road this weekend, it’s important to stay safe and keep others safe on the roadway.

The Illinois Department of Transportation and the Illinois State Police are teaming up with more than 600 law enforcement agencies across the state in the national “Border to Border” mobilization – a campaign by the National Highway Traffic Safety Administration as part of the “Click It or Ticket” campaign.

In 2020, Illinois roadways alone had 16 car crashes resulting in 16 fatalities. Last year’s Memorial Day weekend had 11 crashes resulting in 14 fatalities between 6 PM on Friday and 11:59 PM Monday evening.

The Illinois Tollway expects more than 7.7 million vehicles between Friday, May 27, and Tuesday, May 31. 

“As people begin their summer travels, starting with this Memorial Day holiday weekend, we want to remind drivers to keep their focus on the road and slow down in work zones,” said Illinois Tollway Interim Executive Director Lanyea Griffin (Chicago Crusader). 

This year, it’s estimated that 450 people will lose their lives in a preventable car crash this holiday weekend. Please make sure to plan ahead, practice safe driving, and be aware of your surroundings.

Safe driving tips

• Buckle up and ensure that everyone in your vehicle is buckled before you begin driving. The lack of seat belt use is the number one cause of fatalities in car crashes. Make sure that your seatbelts are installed correctly, especially when driving with children.

• Slow down and take your time. Pay attention to speed limits, specifically when you’re in construction zones. Make sure you’re keeping a close eye on bicyclists and motorcycles that are also on the road. 

• Designate a sober driver or arrange alternative transportation. Driving intoxicated is not worth the risk of losing your life or jeopardizing innocent lives on the roadway. Intoxicated driving includes alcohol and drugs like opioids, marijuana, and some over-the-counter medication. Uber’s and Lyft’s are accessible nearly everywhere, along with trains and buses in the city and suburban areas.

• Avoid distracted driving like texting, talking on the phone, using your GPS, or messing with the radio. Thousands of people have died on the roadway from crashes involving cell phone use. 
• Prepare before you go by inspecting your car and ensuring that it’s safe to drive. Make sure to check your oil and tire pressure to avoid an accident on the road.

Best and worst times to drive

Traffic congestion throughout the Chicagoland area is going to be at its peak on Thursday afternoon. According to Patch, Interstate 290 and IL-110 to Racine Avenue in Chicago will be the most congested between the hours of 3:30 and 5:30 PM on Thursday. Traffic volumes will be more than 130% above normal, according to AAA.

If you’re traveling on Thursday or Friday morning, the best time to travel is before 7 AM. If you plan to travel on Saturday through Monday, the best travel times in Illinois are before 10 AM.

CHICAGO, IL – When most people think about “restraints,” they likely picture handcuffs, zip ties, or ropes. But in Chicago nursing homes, chemical restraints are also used on a fairly regular basis. This is a highly controversial subject, as chemical restraints are often considered illegal. Despite this fact, many staff members at nursing home facilities in Illinois continue to use chemical restraints which lead to considerable levels of discomfort for innocent seniors. 

If you believe that your senior loved one is being subjected to chemical restraints in Illinois, you should reach out to a qualified, experienced nursing home abuse attorney as soon as possible. These legal professionals can help you assess the situation and take legal action if necessary. Nursing home lawsuits can provide you with a considerable financial settlement that you can use to pay for your damages. 

It’s best to get in touch with a qualified, experienced attorney as soon as possible if you feel your loved one’s rights are being violated. The statute of limitations may prevent you from taking legal action if you wait too long, so it’s always a good idea to be proactive. 

Chemical Restraints Explained

Chemical restraints are designed to prevent patients from engaging in certain behavior (1). When used under legitimate circumstances, this medication can prevent patients from harming themselves, medical professionals, or other patients. It’s important to note that chemical restraints are never actually used to improve a patient’s condition directly. This method is simply intended to change their behavior. 

Several types of chemical restraints may be used in various circumstances, including:

• Antipsychotics
• Anti-anxiety medication
• Sedatives

Important Considerations Before Using Chemical Restraints

Chemical restraints should only be used as a “last resort.” Medical professionals are encouraged to try other methods, such as verbal calming and de-escalation techniques. Chemical restraints should also be used only if the individual is not able to make rational decisions. This method may also be used if the patient poses a serious risk to themself or others. 

Are Chemical Restraints Legal in Illinois?

According to the Nursing Home Act, the use of chemical restraints in Illinois is highly regulated. Nursing homes are not allowed to administer chemical restraints to elderly patients unless they obtain their consent (2). The only exception is if there is a clear “emergency situation” present – and even then, the chemical restraints can only be used temporarily. 

How to Spot the Use of Chemical Restraints

Sometimes, chemical restraint use is difficult to spot. Your senior may seem a little different – perhaps showing lower signs of energy or engagement than usual. However, your senior may have exhibited these signs prior to the use of chemical restraints, so it might be challenging to tell the difference. Generally speaking, someone who has been given chemical restraints often seems tired and “drugged up.” They may also show signs of impaired memory, loss of interest in their environment, and general loss of mental faculties. They may also be at a higher risk for falls, and they may have difficulty moving. 

What Are the Dangers of Chemical Restraints

According to a report issued by the FDA, approximately 15,000 seniors die each year in the United States due to the improper or unnecessary use of anti-psychotics (3). Make no mistake – these are powerful drugs. In some cases, they may react badly with other medication that your senior is taking, causing health complications. As previously noted, this medication can also make your senior more likely to fall, which can lead to injury or death. Negligent staff members may also improperly calculate the correct dosage, leading to serious complications. 

How to Prove the Negligent Use of Chemical Restraints

If you believe that your senior was negligently dosed with chemical restraints, you should get in touch with a lawyer immediately. These legal professionals can help you prove that a nursing home acted in a negligent manner. For example, they might ask the nursing home to provide certain consent forms that they were required to obtain from the senior prior to carrying out the use of chemical restraints. If they cannot produce these consent forms, then they clearly violated the law. Even if they did obtain consent, you may argue that the senior was deceived or tricked into signing the forms. 

Where Can I Find a Nursing Home Attorney?

If your senior one has been subjected to the use of chemical restraints, you may be wondering: “Where can I find nursing home abuse attorneys near me?” If you live in the Chicago area, you can get in touch with Dinizulu Law Group, Ltd. These legal professionals have dealt with many nursing home abuse cases in the past, and they can help you strive for the best possible results while fighting for seniors’ rights in an effective manner. Call our office now at (312) 384-1920 to receive a free case evaluation today or visit our website to learn more.

Dinizulu Law Group, Ltd.

(312) 384-1920

221 North LaSalle, Suite 1100

Chicago, IL 60601

Sources

• https://www.medicinenet.com/what_is_an_example_of_chemical_restraint/article.htm
• https://www.chicagotribune.com/opinion/commentary/ct-opinion-illinois-nursing-home-antipsychotic-abuse-20211015-t7ftjxvnjragtlstugp5qfjmge-story.html#:~:text=No%20nursing%20home%20in%20Illinois,to%20improper%20use%20of%20antipsychotics.
• https://en.wikipedia.org/wiki/Chemical_restraint

If there’s one thing seniors need to avoid during their stay at a nursing home, it’s a case of bedsores. Unfortunately, this ailment is proving shockingly common in the Chicago area, and many observers are now calling for higher standards. In serious cases, bedsores can easily lead to fatalities among seniors. Make no mistake – bedsores are often avoidable. In fact, bedsores are a clear sign that seniors are being abused or neglected, as any nursing home worth their salt should be able to spot and address this medical condition before it gets out of hand. If your senior is dealing with this issue, you have every right to be concerned. You also have every right to take legal action against those responsible. 

In order to explore your legal options, it’s best to get in touch with a qualified, experienced nursing home abuse attorney in Chicago. These legal professionals can guide you towards a positive outcome in the most confident, efficient manner possible. During your first consultation, you’ll have the chance to discuss the specific circumstances surrounding your situation. Your attorney will then provide you with personalized, targeted legal advice. In many cases, they advise plaintiffs to sue nursing homes for causing unnecessary neglect and abuse for the seniors in their care. This can result in a considerable financial settlement that you can use to cover your damages. 

What Are Bedsores?

Also known as pressure sores, bedsores are ulcers that develop when areas of the skin are exposed to continuous pressure for long periods of time (1). When seniors lie in beds without moving for extended periods, bedsores can develop. Bedsores develop because blood supply is cut off from an area of the skin for longer than 2 to 3 hours. The worst-case scenario for a bedsore is when it gets deeper, developing into a serious gash and extending as far as the bone. It can be very difficult to heal from these sores, and infection can easily lead to fatalities. 

Bedsores Responsible for “Thousands” of Deaths

According to a 2018 report published by NBC, sepsis infections such as bedsores have caused thousands of deaths throughout both the United States and Illinois (2). Investigations during this period found that approximately 25,000 nursing home residents had lost their lives after suffering from sepsis and related conditions. In Illinois alone, 6,000 nursing home residents were hospitatlized due to sepsis, and 20% of these individuals did not survive their treatment. 

Many of these deaths have led to lawsuits. But because settlements are kept confidential, it is very difficult to understand the true extent of this problem in the United States. However, state inspectors found that a staggering 94% of all nursing homes in Illinois had been issued at least one citation for conditions that increase the risk of infection. These results were made public in 2015, and it is unclear what (if anything) has changed since then. NBC also reported in 2018 that staffing levels in nursing homes were among the lowest in the entire nation, with 78 percent of facilities being understaffed according to national averages. Remember, this was before Covid-19 – a pandemic that sent staffing levels even lower. 37% of nursing homes in the United States have also been cited for failing to properly address pressure sores. 

Why Bedsore Should Never Happen

If medical standards were properly followed, bedsores would never have a chance to develop and fester. This is because normal medical procedures state that patients should be moved every two hours if they are immobile. Unfortunately, these standards aren’t adhered to in many nursing homes, and patients are left lying in their beds for long periods of time. This is why there’s really no excuse for bedsores to develop in nursing homes. In fact, if bedsores are occurring, there’s a good chance that your senior is suffering from other forms of neglect and abuse, since this issue highlights the fact that your senior is going long periods of time without being checked on. 

Where Can I Find a Chicago Nursing Home Abuse Attorney Near Me?

If you’ve been searching the Chicago area for a qualified, experienced nursing home abuse attorney, look no further than Dinizulu Law Group, Ltd. Over the years, we hav assisted numerous plaintiffs who have suffered legitimate injuries due to nursing home negligence. We also recognize that these injuries can be fatal. Book your consultation today, and we can help you strive towards justice and a fair settlement for everything your family has been forced to endure. Remember, bedsores may also indicate the presence of other forms of misconduct, so a further investigation may lead to other examples of negligence and abuse. Rest assured that we can help you hold these nursing homes accountable for everything they have done. Book your consultation today to learn more. 

Dinizulu Law Group, Ltd.

(312) 384-1920

221 North LaSalle, Suite 1100

Chicago, IL 60601

Sources

1. https://www.hopkinsmedicine.org/health/conditions-and-diseases/bedsores#:~:text=Bedsores%20are%20ulcers%20that%20happen,problem%20among%20frail%20older%20adults.
2. https://www.nbcnews.com/health/aging/avoidable-sepsis-infections-send-thousands-gruesome-deaths-n907111

Watching your senior loved one get older is never easy, especially when they start to struggle with mental and physical health conditions. As the inevitable approaches, there is little that can console family members. However, seniors can remain in our memories by passing on family heirlooms, long-held assets, and other forms of inheritance. But what happens when your senior loved one is the victim of financial abuse at a nursing home? What happens when they are scammed out of their life savings, leaving nothing for you to inherit?

This is obviously something you need to avoid at all costs, and it makes sense to get in touch with a qualified lawyer who has experience with nursing home abuse cases. Many people assume that nursing home abuse only includes physical forms of misconduct, but financial abuse is absolutely rampant today as well. A lawyer can help by putting certain protections in place to prevent this from ever happening. Even if your senior loved one has already been scammed, you can still hold the guilty parties accountable with help from an attorney. 

Book your consultation as soon as possible, and you can discuss the details of your unique situation alongside an attorney. Your attorney can then provide you with sound, personalized legal advice. Based on their advice, you can start to move forward and strive for a positive outcome.

What Does Financial Abuse Look Like?

Financial abuse – also known as senior financial exploitation – can take many forms. However, there are some common signs to look out for. First of all, most senior abuse is committed by those close to the victims. Normally, the abuser is someone that the senior trusts. This could be a staff member of the nursing home, a medical professional, or some kind of administrative figure. These individuals often try to get close to the senior before putting their scams into action. 

These scams can be incredibly complex or surprisingly simple. 

For example, a senior might decide to keep cash or valuables in their room at the facility. A staff member may simply walk into the room, take the items, and then claim that they had nothing to do with the theft. They may also point out that the senior is going through cognitive decline, claiming that they probably just lost the items or are imagining things. This form of “gaslighting” can be harmful in both a psychological and financial context. Before they know it, a senior might be missing thousands of dollars’ worth of items, such as cash, gold, jewelry, bonds, and much more. 

On the other hand, financial abuse can be quite complex. Scam artists may engage in online schemes, identity theft, and much more. They may claim to be acting in the senior’s best interests. “Just sign this document,” they might say. “This will make sure your money is safe.” The senior might then unwittingly sign away their life savings. Fortunately situations like these can be remedied by proving that the senior was not of sound body and mind when they signed the document. An attorney can certainly help you with this. 

There are a number of signs you should look out for if you suspect financial abuse is taking place (1). These include:

• Unexplained financial transactions
• ATM withdrawals that occurred when the senior was elsewhere
• Missing items
• A sense of confusion about financial matters
• Conversations about “new financial opportunities”
• The senior can no longer pay for basic necessities

Are Nursing Homes in Chicago Corrupt?

It’s important to note that many nursing homes in Chicago are highly reputable organizations with a solid track record for security and safety. On the other hand, even facilities that seem completely normal often hide surprising levels of corruption beneath the surface. 

Back in August of 2021, the DOJ reported that a nursing home in Chicago had been ordered to pay $360,000 after making false claims (2). Apparently, this organization had provided “unnecessary and ‘upcoded’ physical, occupational, and speech therapy services to increase Medicare payments.” The facility that engaged in these false claims was later forced to admit that seniors were not actually participating in or benefiting from this therapy in any way. 

Where Can I Find a Chicago Nursing Home Abuse Lawyer Near Me?

If you’ve been searching for a qualified, experienced nursing home abuse lawyer in Chicago, look no further than Dinizulu Law Group, Ltd. Over the years, we have helped numerous families approach this tragic situation in a confident, efficient manner. Along with financial abuse, we can also assist with cases involving physical abuse, neglect, or any other form of misconduct that might have taken place in a nursing home. It’s always a good idea to book your consultation as soon as possible, because the statute of limitations in Illinois can prevent you from taking action if you wait too long. Reach out today. 

Dinizulu Law Group, Ltd.

(312) 384-1920

221 North LaSalle, Suite 1100

Chicago, IL 60601

Sources

1. https://www.aarp.org/money/scams-fraud/info-2022/warning-signs-elder-financial-abuse.html
2. https://www.justice.gov/usao-ndil/pr/suburban-chicago-nursing-facility-pay-360000-resolve-false-claims-act-allegations