December 23, 2020

Families often face the hard choice of placing elderly relatives in nursing homes to receive specialized care. When loved ones enter a nursing home or assisted living facility, families expect a high standard of care. Sadly, some elderly residents experience abuse or neglect in the very facilities trusted with their safety. In these situations, families often work with a Chicago nursing home neglect lawyer to hold nursing homes accountable through legal action.

A competent nursing home negligence abuse lawyer helps victims and their families seek compensation for the harms and losses they suffered at the hands of the nursing home. If your loved one sustained a fall or fracture while in the care of a nursing home, you are encouraged to speak with a nursing home negligence attorney. Contact compassionate and experienced nursing home litigation attorney Robert J. Rooth of The Rooth Law Firm to get your claim started today.

Common Signs of Nursing Home Neglect/Abuse

Unfortunately, falls are prevalent with elderly patients who reside in nursing homes. Approximately 10% to 25% of these falls result in hospital admissions and or fractures. According to the CDC, only 5% of adults 65 and older live in nursing homes, but they account for 20% of deaths from falls within this age group.

Family members should watch out for the four common tell-tale signs of nursing home abuse. Common signs of nursing home abuse include:

  1. Physical injuries – commonly occur when staff members abuse the elderly or neglect their duties.
  2. Medical complications – sudden weight loss, dehydration, poor nutrition and the appearance of being over-medicated or fatigued.
  3. Behavioral changes – sudden angry or withdrawn behavior.
  4. Staffing issues – medication errors, low ratio of staff to residents, behavior changes in front of staff and residents habitually dressed in the same clothing.

Unfortunately, these signs often go undetected allowing the abuse and neglect to continue.

Common Causes for Nursing Home Falls

Falls in nursing homes have serious consequences, especially for those who are frail. Nursing home fall injuries commonly result in serious injuries, hip fractures, and an increased risk of death. Most nursing home falls are caused by environmental hazards, inadequate staffing, unsafe equipment, unsafe personal care items, medication side effects, chronic and acute diseases, effects of aging on gait and a facility’s failure to create a comprehensive fall prevention care plan.

Nursing homes are required to have fall prevention procedures that include proper placement and installation of bed alarms, chair alarm systems, fall mats, lighting, medication re-assessments, and appropriate staffing.

Who Can Sue the Nursing Home?

There are federal and state laws that have been created to protect the elderly from nursing home neglect and abuse that could result in a fall or fracture. The Illinois Nursing Home Care Act grants nursing home residents legal rights and protections from any type of nursing home neglect and abuse. When falls and fractures or other signs of nursing home abuse appear, the victim and their family have the legal right to file a lawsuit against the negligent nursing home.

Nursing home negligence victims and their families have the right to sue for monetary compensation. Nursing home victims may be able to recover compensation to address all medical costs related to a nursing home fall for fracture and mental anguish. Depending on the severity of the negligence surrounding the victims’ falls or fractures, victims may be entitled to punitive damages.

Speak With an Elder Abuse Attorney

If you believe a loved one in a nursing home may be experiencing abuse, the Rooth Law Firm is here to help. To schedule a free consultation and case evaluation with an Evanston, Illinois nursing home abuse lawyer contact The Rooth Law Firm.

Robert Rooth
Written by

Robert Rooth

Robert J. Rooth is the founder of The Rooth Law Firm, which focuses on nursing home abuse and personal injury cases. He has devoted his career to seeking justice on behalf of the underserved.