Oftentimes, elderly adults require specialized care, which requires their families to make the difficult decision of placing them in a nursing home. Unfortunately, the elderly are commonly abused in the nursing homes that their families trusted to look after their needs—and, in a worst-case scenario, their loved one passes away from a preventable injury or illness.
If this is the situation you now face, please accept our condolences for your loss. The Chicago nursing home wrongful death lawyer at The Rooth Law Firm can apply his 40-plus years of experience to your case while you take the time you need to grieve.
Call today to find out how our nursing home abuse lawyer in Chicago can help your family.
The Rooth Law Firm Wants to Stand Up for Your Family
Nursing facilities have a legal and moral duty to look after their disabled and elderly residents. When these facilities fail to live up to their responsibility, our firm can step in to serve as a voice to the voiceless. We can confront the assisted living facility that caused your loved one’s untimely death by:
- Collecting evidence to prove that your loved one’s illness or injury and death was preventable
- Communicating with the assisted living facility and their insurance company on your behalf
- Negotiating an appropriate settlement based on your damages
- Taking your case to trial at a venue like the Cook County Law Division and representing you in front of a judge and jury, if necessary
While it is critical to complete these legal tasks promptly, competently, and professionally, our law firm has another responsibility that we take just as seriously: supporting our clients.
We recognize how terrible this ordeal has been for you and your family, so we strive to make the legal process as pain-free as possible:
- Our team is available 24/7 to respond to your calls.
- We work closely with each client, getting to know them as individuals rather than case numbers.
- We can provide the sensitivity and support you are looking for to help you get through this difficult time.
- The Rooth Law Firm can provide advice and information about your rights and options. This allows you to make the best possible legal decisions for your family.
Your family has suffered a grave injustice. It is our firm’s mission to champion the rights of neglect and abuse victims and pursue a fair legal outcome—and to make sure negligent nursing homes do not get away with doing harm to the people in their case.
What Damages Can You Ask for in a Nursing Home Neglect Case?
Your family could pursue damages for the various economic losses associated with your loved one’s wrongful death, including:
- Medical expenses, if your loved one received treatment for neglect-related injuries prior to their passing
- End-of-life expenses associated with laying your loved one to rest, including funeral expenses, and settling their estate
You already know that a wrongful death robs you of much more than just money. You may also be entitled to non-economic damages in recognition of that fact:
- Your loved one’s pain and suffering, if they experienced physical or emotional distress before they passed away
- Loss of companionship, for the fact that your loved one is no longer here to provide comfort, affection, and guidance to their close relatives
The Chicago nursing home wrongful death attorney at The Rooth Law Firm wants to pursue these and other damages for you. Call us today for a free, confidential consultation. We charge no attorneys’ fees until you win your case, so you can get the representation you want without putting additional strain on your wallet.
Common Signs of Nursing Home Abuse
According to the National Council on Aging (NCOA), at least 1 in 10 Americans age 60 or older has experienced some form of elder abuse. There are four common signs of nursing home abuse that should never be ignored but are commonly overlooked. Family members of nursing home residents should be vigilant for:
- Physical Injuries
- Medical Complications
- Behavioral or Mood Changes
- Staffing Issues (i.e., verbal complaints, conflicts, etc.)
If you noticed any of these signs or symptoms prior to your loved one’s death, this could be an indication that abuse played a role in their fatal illness or injury.
What Can I Do If I Suspect Nursing Home Abuse Caused My Loved One’s Death?
If you suspect that your loved one is being abused, or that their death was a direct result of nursing home abuse or neglect, there are several organizations you can file a complaint with, including:
- The Regional Ombudsman
- The Illinois Department of Public Health
- The Illinois State Police Medicaid Fraud Control Unit
After a complaint is made, the organization that you filed your complaint with will conduct an investigation, and if abuse and/or neglect are confirmed, civil and criminal penalties may apply. If it is confirmed that the nursing home committed abuse, our wrongful death lawyer can help you sue them for damages.
Who Can I Sue for Wrongful Death?
If a nursing home resident sustains an injury and dies while in the care of a nursing home, the family of the deceased can file a wrongful death lawsuit against the home or the company that owns the home.
You have a limited time to bring a lawsuit, so it is important to speak with our Chicago nursing home wrongful death attorney as soon as possible. The Rooth Law Firm can begin an immediate investigation into how your loved one died. Examples of neglect and abuse that could justify a lawsuit against a long-term care facility include:
- Failing to provide adequate nutrition and hydration
- Failing to provide timely and appropriate medical care, such as leaving bedsores untreated or making medication errors
- Understaffing the facility to the point where there are not enough people to look after the residents’ needs
- Failing to properly supervise or train staff members so that abuse, neglect, and accidents are less likely to occur
- Allowing abuse and neglect to go unchecked and unpunished
If it is determined that your loved one died as a result of nursing home negligence or abuse, our legal team can begin the claims process to hold the nursing home and all negligent parties accountable. Speaking with a wrongful death attorney early on can help you and your family determine what steps to take.
Speak With Our Chicago Wrongful Death Attorney Today
Losing a loved one is one of the hardest things you will ever go through. Losing someone to nursing home abuse is especially painful. When looking for legal representation, it is important to seek out an attorney that will handle your case with compassion and understanding.
Chicago nursing home wrongful death attorney Robert J. Rooth has decades of experience and is a seasoned trial lawyer. If your loved one was injured or died while in the care of a nursing facility, contact The Rooth Law Firm for a free consultation today.
Frequently Asked Questions
What Is the Nursing Home Care Act?
The Illinois Nursing Home Care Act grants nursing home residents legal rights and protections from any type of intentional abuse. Accordingly, nursing home residents have the tools that enable them and their families to hold the nursing home accountable for their failures when their rights are violated.
The Nursing Home Care Act includes a bill of rights that guarantees nursing home residents protections, specifically the right to be free from neglect or abuse from a nursing home. They also have the right to raise complaints without fear of retaliation and to play an active role in their treatment and care.
What’s the Success Rate of Nursing Home Lawsuits?
Whether or not a nursing home lawsuit succeeds depends on how strong the victim’s legal case is. Your family can depend on our legal team to build the most robust case possible by collecting evidence from all available sources, which may include:
- The facility’s records
- Testimony from others who live or work at the facility
- Any prior complaints filed against the facility by you or others
- Your loved one’s medical records
- The Cook County Medical Examiner’s report
How Much Can You Sue for Wrongful Death in Illinois?
Your case’s value depends on how much you and your family have lost. You have the right to sue for all past, present, and future damages associated with the nursing home neglect.
The Rooth Law Firm is a small but aggressive firm that does not settle for less than our clients need and deserve. While a monetary settlement will never replace your loved one, it can give you the ability to lay your loved one to rest with dignity and plan your next steps without having to worry about finances.
Call An Illinois Nursing Home Abuse & Personal Injury Lawyer Today
We have been advocating for the injured since 1984. Let us fight to hold wrongdoers accountable and recover the financial damages your family needs.
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Common Signs of Nursing Home Abuse
According to the NCOA, 1 in 10 Americans age 60 or older has experienced some form of elder abuse. There are four common signs of nursing home abuse that should never be ignored but are commonly overlooked. Family members of nursing home residents should be vigilant for:
- Physical Injuries
- Medical Complications
- Behavioral or Mood Changes
- Staffing Issues (i.e. verbal complaints, conflicts, etc.)
If any of the aforementioned signs are observed, immediate action must be taken to prevent further abuse or neglect.
What Can I Do If I Suspect Nursing Home Abuse?
If you suspect that your loved one is experiencing nursing home abuse or neglect, you must contact the regional ombudsman for the region or county where the nursing home facility is located and file a complaint. After a complaint is made, the Department of Public Health Enforcement will conduct an investigation, and if abuse and/or neglect are confirmed, civil and criminal penalties will apply. If it is confirmed that the nursing home committed abuse, nursing home victims and their families have a right to sue the nursing home.
Nursing Home Care Act
There are federal and state laws in place that prohibit nursing home abuse. Specifically, the Illinois Nursing Home Care Act grants nursing home residents legal rights and protections from any type of intentional abuse. Accordingly, nursing home residents have the tools that enable them and their families to hold the nursing home accountable for their failures when their rights are violated.
The Nursing Home Care Act includes a bill of rights that guarantees nursing home residents protections, specifically the right to be free from neglect or abuse from a nursing home. Nursing home neglect occurs when a nursing home fails to provide appropriate medical treatment, personal hygiene, or help with activities of daily living that prevent the resident from harm or suffering. If a nursing home violates the Nursing Home Care Act, the victim or their family may have the right to sue the nursing home.
Who Can I Sue for Wrongful Death
If a nursing home patient sustains an injury and dies while in the care of a nursing home, the family of the deceased can file a wrongful death lawsuit against the nursing home. A wrongful death lawsuit must be filed within five years from the date of death or one year from the final disposition date of certain criminal charges. If your loved one died while in the care of a nursing home, it is important to speak with a Chicago nursing home wrongful death attorney.
A wrongful death attorney can begin an immediate investigation into how your loved one died. If it is determined that your loved one died as a result of nursing home negligence or abuse, an attorney will begin the claims process to hold the nursing home and all parties accountable. Speaking with a wrongful death attorney early on can help you and your family determine what steps to take.
Speak With An Attorney
Losing a loved one can be one of the hardest things to go through in this lifetime, and losing your loved one due to nursing home abuse can be very painful. When looking for a wrongful death attorney it is important to seek out an attorney that will handle your case with compassion and understanding. Chicago nursing home wrongful death attorney Robert J. Rooth has over 20 years of experience holding nursing homes accountable. If your loved one was injured or died while in the care of a nursing home facility, contact Robert J. Rooth of The Rooth Law Firm for a free consultation.
CALL US NOW