Chicago, IL—Nursing home residents have the right to live in a facility that is free from abuse and neglect. All staffers, including aides, nurses, physicians, etc. are all expected to provide residents with the respect and care they need and deserve and should never subject them to any sort of treatment that could cause them to suffer physically or psychologically.
If a nursing home staffer abuses a resident, whether it is physical abuse or psychological abuse, they need to be held accountable for their behavior. So, how is this done?
Reporting a Case of Physical Abuse
If you recently found out that your loved one was physically abused by a nursing home worker in Chicago, IL, the incident should be reported to the appropriate agencies so that an investigation can be done, and disciplinary action can be taken. One of the agencies that should be contacted to file a report is your local law enforcement agency.
Who is required to make the report?
Under Illinois law, a nursing home administrator or other staff member is expected to notify the appropriate agencies of the alleged abuse once they are made aware of it. If they don’t, you might want to consult with a nursing home abuse lawyer in Chicago who can help you file the report yourself. While nursing home administrators or others who hold a managerial position are required to report nursing home abuse allegations immediately, so are other staff members.
When a staff member witnesses a nursing home resident being abused, they are expected to report the incident to an administrator so the appropriate action can be taken. They can sometimes even file an incident report anonymously if they find that their facility administrators aren’t taken the proper action.
Once abuse allegations are reported, certain agencies, including your local enforcement agency, should take immediate action to determine if the claims being made are valid as well as how the situation should be addressed.
When Evidence Suggests a Nursing Home Staff Member Abused a Resident
If a nursing home worker is guilty of abusing a resident, they could be criminally charged and/or be required to pay the victim damages for the harm they inflicted upon them. The criminal charges a nursing home employee might face depend upon the nature of the crime. For example, if an individual is guilty of criminal abuse of an elderly individual (i.e. a person who is age 60 or older) or person with a disability when serving as their caregiver, they are guilty of a Class 3 felony.1
A person who is charged with a Class 3 felony in Illinois shall face fines, jail time, and other penalties depending on the circumstances surrounding the incident.
Nursing Home Worker Charged for Slapping 90-Year-Old Resident
A certified nurse aide was arrested in New York on November 25, 2019, after she was accused of slapping a resident in the face with a wet cloth.2 The 90-year-old victim allegedly suffered bruising and was admitted to an area hospital for treatment. The aide, who worked at Bishop Rehabilitation and Nursing Center, was charged with “endangering the welfare of an incompetent or physically disabled person in the second degree.”
The aide is no longer employed by the facility and the criminal charges that were filed against her are currently pending. Two other nurse aides who witnessed the incident also faced disciplinary action after they failed to report the abuse. The source says they were suspended from their duties.
The long-term care facility was also required to pay $10,000 in fines to settle charges for “failing to protect a resident from a physically abusive employee.”
If Your Loved One Was Physically Abused by a Nursing Home Staffer in Chicago, Dinizulu Law Group, Ltd. is Here to Help
After finding out that your loved one was physically harmed by a person who was expected to care for them, you may not know what to do or who to contact for help. While you might be feeling frustrated and angry, it is important for you to understand that you and your loved one aren’t alone.
At Dinizulu Law Group, Ltd., our team of skilled Chicago, IL nursing home abuse attorneys will help you and your loved one understand your rights and how they can be exercised. We will review with you what can be some to ensure justice is served and the individual who inflicted the harm is punished for their behavior.
If you would like to schedule a free consultation with a Chicago nursing home abuse lawyer to discuss the recent incident that occurred, simply contact our office at 1-312-384-1920 and we will be happy to set this up.
You can contact Dinizulu Law Group, Ltd. at:
221 North La Salle Drive, Suite 1100
Chicago, IL 60601