Putting a member of your family in a nursing home is one of the toughest decisions you can make. Finding a good nursing home can be a daunting task, and most people do not know how to go about asking the right questions. Even if you do all your research, you may still end up with a care facility that is subpar.
At The Rooth Law Firm, our Illinois nursing home abuse lawyer has over 40 years of experience representing families like yours. To learn more about how our legal team can help protect your loved one’s rights, call now for a free consultation.
Call an Illinois Nursing Home Abuse Lawyer
CALL US NOW What Are Common Signs of Nursing Home Abuse?
There are numerous laws protecting nursing home residents, but abuse and neglect still happen with alarming frequency. Many victims of elder abuse end up with severe impairments. They may suffer infections, bedsores, broken bones (especially broken hips), and head injuries. This can mean they have trouble doing simple things like:
- Bathing
- Getting dressed
- Feeding themselves
- Going to the toilet
- Getting out of or into bed
Victims of elder abuse often are too frightened to report the abuse to anyone. The residents live with their abusers and are completely at their mercy. They are often afraid to reach out to family members about the abuse for fear the family members will complain and the abusive employees will retaliate.
For this reason, it is up to you to monitor your loved one for physical, behavioral, and environmental signs of danger.
Physical signs of abuse include:
- Rapid weight loss
- Unexplained injuries or wounds that will not heal
- Lethargy and dry skin, which could indicate dehydration
Behavioral signs of abuse include:
- Unexplained changes in mood
- Confusion
- Withdrawal from social life
- Fear or anxiety, especially around staff
Environmental signs of abuse include:
- Lack of supervision
- Lack of safety features, such as rails on beds to prevent falls
- Dirty or cluttered spaces
Call an Illinois Nursing Home Abuse Lawyer for Help
We've been advocating for the injured since 1984. We hold nursing facilities accountable and fight for the financial damages your family needs.
CALL US NOW Types of Nursing Home Abuse to Watch For
The most common type of abuse that people in nursing homes face is negligence. For example, if a resident is bedridden and a healthcare worker does not move them every two hours, they may develop bedsores or pressure ulcers, which can lead to amputation of limbs or even death.
Neglect can also increase the risk of falls, which are one of the most dangerous accidents a resident can suffer. Falls are often caused by poorly maintained facilities as well as the negligence of employees, who are unable or unwilling to walk residents to the bathroom or around the grounds.
Our legal team assists Illinois families with cases involving neglect and any of the following types of abuse:
- Malnutrition and Dehydration: When nursing homes are understaffed, residents often have to wait a long time for food or water. Some nursing homes may serve food that is high in fat and ignores dietary requirements.
- Sexual and Physical Abuse: Although nursing facilities are required to do background checks, people with histories of violent behavior still manage to get jobs in healthcare.
- Emotional Abuse: Impatient or uncaring staff may snap at residents, raise their voices, make threats, or belittle or mock the residents over things they cannot control.
- Financial Exploitation: The home may try to take advantage of residents, especially those with dementia. For example, a staff member may ask the resident to pay for services that they already paid for, lie about having provided certain services, or pressure them into handing over cash or valuables.
No matter what kind of abuse your loved one suffered, the fact is this: you trusted the nursing facility to care for them, and the facility failed. Call The Rooth Law Firm today so our nursing home abuse lawyer can hold the negligent facility accountable.
Illinois Nursing Home Laws
There are a number of laws on the books in Illinois that are designed to protect residents in long-term care facilities. Unfortunately, nursing homes do not always follow these laws, but we can still use them to prove that your loved one has rights, that their rights were violated, and that your family is entitled to compensation.
What Is the Nursing Home Reform Act?
The Nursing Home Reform Act is a federal law that requires nursing homes to provide their residents with privacy and the ability to communicate with the staff and the outside world. They must not be mistreated or neglected, and they are supposed to be able to exercise self-determination. The act also requires that accommodations be made for their mental and psychosocial needs.
A walk through the average nursing home will often reveal that the facility has fallen short of the act’s requirements.
What Is the Illinois Nursing Home Care Act?
Among other things, this state law gives residents the right to manage their own finances and make their own medical decisions (if they are mentally capable of doing so). The law’s aim is to empower nursing home residents and help them retain control over their lives.
The law also requires Illinois nursing homes to follow all federal guidelines, such as the Nursing Home Reform Act.
What Is the Illinois Department of Public Health?
The Illinois Department of Public Health (IDPH) is one of several agencies responsible for monitoring and regulating nursing homes throughout the state. If you suspect that your loved one was abused or neglected by someone at their nursing home, you can file a complaint with the IDPH. They will then investigate the complaint and take whatever actions they deem appropriate.
Connect with The Rooth Law Firm at (847) 869-9100 or through our online contact form to schedule a free consultation about your case.
Reasons for Nursing Home Neglect
The most common causes of nursing home abuse and neglect are entirely preventable:
Underpaid Staff
In spite of the fact that nursing homes take in millions of dollars a year, nursing home staff are often underpaid and overworked. As a result, even staff members who genuinely care for the residents do not have enough time to ensure adequate care and have little incentive to put in extra effort.
Staff Shortages
The odd hours and low pay have left many nursing homes short-staffed. Short staffing often means workers cannot give residents as much attention as they need, leaving residents in jeopardy.
In addition, worker attrition tends to be high, leading to regular influxes of new workers who are not familiar with every resident’s particular needs. This can also lead to confusion and dangerous mix-ups regarding the care each resident requires.
Lack of Training
To save money, some nursing homes will hire workers who do not have the right kinds of training and certifications. They may also fail to provide these workers with on-the-job training or instruction. As such, even a well-intentioned worker can easily make a mistake when attempting to provide medication or move the resident around the home.
Get Help With Your Illinois Nursing Home Abuse Case
CALL US NOW How Our Personal Injury Lawyer Builds a Nursing Home Abuse Case
It is more than likely that the nursing home will try to deny liability for your loved one’s injuries. They may even try to claim the injury was preexisting or that your loved one somehow injured themselves.
Their refusal to accept responsibility can be infuriating, but there are plenty of ways that our lawyer can help you prove that the nursing home’s abuse caused your loved one’s suffering:
- We can review your loved one’s medical records and consult medical experts to establish how the injury likely occurred.
- We can also review security footage if it is available and review the home’s policies to identify any rules or laws they failed to follow.
- Our team can speak to the nursing home and its insurer on your behalf.
- Your lawyer can negotiate with the insurance company, pushing for the appropriate compensation your loved one deserves.
The Rooth Law Firm will not hesitate to take your case to trial if necessary. Robert J. Rooth learned under the best trial attorney in the country. While most cases settle out of court, we have the skills and the drive to take on large organizations like nursing homes in the courtroom.
Compensation You Can Recover in a Nursing Home Neglect or Abuse Case
The damages you receive should reflect both your loved one’s losses and your own. They may include, but are not limited to, economic damages like:
- Current medical expenses and future care needs
- The cost of medical equipment, such as wheelchairs
- The cost of moving your loved one to a different nursing home or having them live at home with you
You are also entitled to non-economic damages like:
- The physical pain of your loved one’s injuries
- Any emotional distress or lingering trauma
- New or worsened disabilities
- Reduced quality of life or the inability to do everything they could before
If the worst happens and your loved one passes away from their injuries, you could recover such wrongful death damages as loss of companionship and funeral expenses.
Why Families Choose The Rooth Law Firm
You have many options when it comes to selecting a personal injury law firm. Here are just some of the reasons why The Rooth Law Firm stands out from the competition:
- Deep Experience With Nursing Home Abuse Cases: While we accept clients with all types of personal injuries, nursing home abuse and neglect is one of our main focus areas.
- Familiarity With State and Local Laws: It is our job to stay up to date on laws that pertain to nursing home abuse cases. Not only do we know about federal and state laws, we can also explain how any local laws at the city or county level could affect your case.
- Each Client Gets the Attention They Deserve: As a smaller firm, we have the time to get to know every single client, thoroughly understand their goals, and work with them to come up with creative legal strategies that may allow them to achieve the outcome they want.
- Calm Under Pressure: Finding out your loved one was abused is a terrible shock. As legal professionals, we know how to remain calm and provide clear, honest advice to distressed clients.
- Pay Nothing Unless We Win: Your family has suffered enough and should not have to worry about attorneys’ fees on top of everything else. You only have to pay us after you receive your money.
CALL US NOW 