Chicago, IL Knowledgeable Nursing Home Negligence & Abuse Attorneys
At Malman Law, we provide vigorous legal representation for victims of negligence and abuse in the Chicagoland area. We are passionate about fighting for our clients, and if you or a loved one has suffered an unexplained injury or illness in a nursing home, we want to help you stand up for yourself and enforce your legal rights.
On the other hand, even the rate of nursing home negligence cases is increasing day by day. Our nursing neglect attorneys will always stand for victims who had been hurt from negligence of caretakers. Negligence occurs when the care taker is not fulfilling his/her duty to a resident. It includes physical neglect (deprived bathing methods, lack of toileting and wrong body positioning), medical neglect (lack of medical care, poor access to medical aid and more) and proper assisting (Lack of assistance to the resident in eating, drinking, avoiding cries for help and more). Our highly skilled personal injury lawyers provide right justice and fair treatment for your abuse and negligence.
We handle the following types of cases:
Bedsores are preventable injuries that can lead to serious, and sometimes fatal, complications. Unfortunately, many nursing home employees are not properly trained to prevent, identify, and provide treatment for these dangerous conditions.
Falls and Fractures
Nursing homes owe a duty to ensure that their premises are safe, and to provide adequate supervision for their residents. Unfortunately, they often fail to meet these obligations. Falls and fractures are often grounds for seeking financial compensation.
Malnourishment is a dangerous health condition that can also put nursing home residents at greater risk for other illnesses and injuries. With proper care and supervision, residents should not suffer from malnutrition.
If your loved one died in a nursing home and you suspect fault on the part of the home’s staff or administrators, it is important that you speak with an attorney as soon as possible. At Malman Law, we have experience pursuing wrongful death claims, and we can make sure your family receives the compensation it deserves.
Wrongful or Inappropriate Care
Any form of wrongful or inappropriate care that leads to illness or injury may be grounds for filing a lawsuit against a nursing home. Sometimes, this is your only option for getting the home’s attention and recovering the money you need to pay your bills and make up for your other losses.
Medication errors such as overdose, underdose, and confusing medications can lead to life-threatening situations. If you or a loved one has suffered as a result of a medication error in a nursing home, contact Malman Law now to discuss your claim for financial compensation.
Serious, Life-Threatening Injuries
Nearly half of all nursing home residents report being abused, and 95 percent report experiencing or witnessing neglect. Victims of serious, life-threatening injuries that are the result of neglect or abuse deserve to be compensated for their losses.
The elderly are more susceptible to sepsis than the general population, and conditions such as diabetes, cancer, and kidney disease can put nursing home residents at increased risk for this dangerous condition. Fighting sepsis requires prompt attention from knowledgeable caregivers.
Inadequate supervision is one of the main reasons that nursing home residents suffer from choking incidents. With appropriate care, dangerous choking situations can – and should – be avoided.
Clogged Breathing Tubes
From surgical recovery to conditions such as bronchitis, pneumonia, and ALS, there are a number of different reasons why elderly individuals may need to be intubated while under nursing care. Nursing homes owe a duty to make sure that their residents do not suffer due to clogged breathing tubes.
Use of unreasonable restraints is among the most common forms of abuse in Illinois. The circumstances under which nursing home residents can be restrained are extremely limited, and those who are unlawfully restrained often suffer from traumatic physical and emotional injuries.
Nursing home residents who are victims of verbal belittling often suffer severe emotional and psychological trauma. No one deserves to be belittled, and facilities that abuse their residents need to be held accountable for their actions.
Victims of sexual harassment are often hesitant to come forward. They may be uncomfortable talking about what happened, or, in some cases, they may be unsure of whether they have been abused. If you suspect sexual harassment in a nursing home, you need to take action right away.
Financial exploitation is by far the most common form of elder abuse. Theft, undue influence, and forgery are all common methods for nursing home staff members to illegally take advantage of ailing residents.
Emotional Trauma (Depression/Anxiety)
Residents experience emotional trauma at disproportionately high rates. If you or a loved one is suffering from depression or anxiety in a nursing home, it is important that you seek both medical attention and experienced legal representation.
One of the very serious problems in nursing homes today is the lack of staff members to care for the residents. While there are laws in place that requires adequate staffing, many facilities try to cut corners by not hiring enough caretakers for their residents. This results in lack of care and many elderly people suffer due to inadequate staffing. At Malman Law, we take this problem very seriously.
Staff Administration Failure
For the elderly, even simple mistakes in their care can lead to life-threatening consequences. Staff administration failures such as failure to provide adequate food, water, or medications – and even errors as simple as failing to fix a bed rail – can all be grounds for victims and their families to seek just compensation.
Speak with a Nursing Home Abuse Lawyer in Chicago, IL Today
No one deserves to become a victim of neglect or abuse. To find out if you have a claim for compensation against a nursing facility and to learn more about what our experienced attorneys can do for you, please call (888) 305-5043 or request a consultation online today. Your consultation is free and confidential, and our zero fee guarantee means that you don’t pay anything unless we secure compensation for your losses.
Frequently Asked Questions (FAQs)
I overheard an employee calling my loved one names. They apologized, but I think it’s happening all the time. Is this an incident of nursing home neglect or abuse?
Nursing home neglect and abuse in Chicago is a real concern. Residents who are recipients of that sort of behavior often suffer emotional and psychological distress. When this deplorable behavior occurs, you may have a cause of action for a nursing home abuse lawsuit. Keep in mind that it’s possible that your loved one may not feel comfortable talking to you about what you overheard or whether it is something that is happening on a regular basis. Warning signs of verbal and emotional abuse in a nursing facility include:
- Roughhousing environment among the staff. Residents also may be disorderly. You may notice a lot of yelling.
- Rumors from the residents and their family members about abuse.
- Detailed complaints from other residents or their family members.
- Employees who use pranks or hurtful jokes in order to embarrass residents.
- Facilities that are not being appropriately maintained.
If you believe that your loved one may be a victim of nursing home abuse or neglect in Chicago, call Malman Law to schedule a free consultation. We will provide compassionate and experienced evaluation of the claims.
What are the signs of nursing home abuse or neglect in Chicago?
Nursing home abuse and neglect in Chicago should not be tolerated. Facilities should be a place of safety and rest for our loved ones. It’s important to note that just like in other forms of abuse, your loved one or the caretakers may make excuses on how injuries occurred. Sadly, statistics reveal that 44 percent of residents have been abused at some point. Signs of this abuse or neglect include:
- Your loved one doesn’t want to be left alone with a specific nursing home employee.
- Changes in the mental status of your loved one. This can include depression and anxiety. Your loved one may also stop eating.
- Your loved one doesn’t appear to be clean. There is a marked difference in their physical appearance from before they entered the facility and after.
- Your loved one has unexplained weight loss.
- Your loved one refuses to eat or to take their medication.
- Your loved one stops speaking.
- Your loved one wants to be left alone all of the time.
- Your loved one begins to experience emotional outbursts.
- Your loved one shows signs of dehydration.
- Your loved one has bed sores.
- You notice bruises, cuts, welts, or broken bones.
It is also important to keep in mind that sometimes these signs don’t indicate nursing home neglect or abuse, but they are signs of other problems. For instance, dehydration, bedsores, and unexplained weight loss are also symptoms associated with diabetes. However, it is important to look at these signs to determine the type of help that your loved one needs.
If you believe that your loved one is experiencing nursing home neglect or abuse in Chicago, call Malman Law right away to schedule a free initial and confidential consultation.
Can I sue the nursing home even if my loved one has no written contract with them?
Yes, you can, because human rights don’t need contractual support. If you were hit by a car, for example, you wouldn’t have to prove that you had a contract with the driver not to hit you in order to win a lawsuit against him or her – you could sue under general tort law principles, just as you can in cases of abuse and neglect in a nursing facility.
The Illinois Nursing Home Care Act defines the rights under state law that your loved one enjoys with or without a contractual arrangement with the nursing home. Federal regulations also apply if the institution participates in the Medicare program. Proving that the facility violated an applicable regulation will go a long way toward establishing their liability for compensatory damages. In cases of outrageous conduct, you might even be able to collect punitive damages against the nursing home. Of course, if there is a contract, a contract claim could be added to other claims arising from the abuse or neglect.
What are the most common legal theories used to combat nursing home abuse or neglect?
The most common legal theories used to file lawsuits against nursing homes include:
- Negligent supervision and care
- Negligent hiring and retention of staff
- Negligent maintenance of facilities
- Negligent maintenance of equipment
- Assault and battery
- Contractual violations
These are very broad categories that may overlap. If your loved one falls and breaks a hip, for example, this injury might be actionable as negligent supervision and care, negligent maintenance of facilities (slippery floors), or both.
Where do I file a complaint against nursing home abuse or neglect?
The Illinois Department of Public Health (IDPH) is the state agency responsible for enforcing the law in favor of the more than 100,000 nursing home residents residing in over 1,200 facilities in Illinois. The IDPH licenses these facilities, conducts inspections at least annually, and cooperates with the U.S. Centers for Medicare and Medicaid Services for eligibility to participate in federal payment reimbursement programs.
The IDPH maintains a Nursing Home Hotline (800-252-4343) for complaints. Upon receiving a complaint of abuse or neglect, the IDPH’s Bureau of Long Term Care may launch an investigation. Although it does not participate in lawsuits, it can sanction or even close down homes that violate the Illinois Nursing Home Care Act or federal regulations. The results of its investigation can be used as evidence in a civil lawsuit against a home or an employee.
What are the federal rights of a nursing home resident?
Residents of facilities that participate in the Medicare program enjoy the following federal rights:
- Freedom from verbal, sexual, physical, and mental abuse.
- Freedom from physical or chemical restraints, except restraints imposed for medical reasons or to insure the safety of the patient or others. Restraints imposed for reasons of discipline or convenience are illegal and are considered abuse.
- The right to be treated with dignity and respect.
- The right to manage your own finances or to appoint someone else to do so.
- The right to privacy as long as it doesn’t interfere with the health, safety, or rights of others.
- The right to use one’s personal belongings as long as it doesn’t interfere with the health, safety, or rights of others.
- The right to information about your medical condition and any treatments.
- The right to refuse treatment (as long as you have the mental capacity to understand the nature and consequences of such a refusal).
- The right to use your own doctor.
- The right to set your own daily schedule.
- The right to as much independence as your medical condition allows you.
- The right to a safe and comfortable environment.
Most of these rights also apply under state law, even for nursing homes that do not participate in the Medicare program.
What are my options if I suspect abuse?
There are three main legal avenues you can pursue in cases of suspected nursing home abuse or neglect – (i) filing an administrative complaint with the IDPH, (ii) filing a civil lawsuit, and (iii) filing a complaint with the local prosecutor seeking criminal charges. You do not have to choose one or the other – you can pursue all three avenues at the same time. Family members of an abused or neglected resident can file a lawsuit on behalf of the victim.
Contact Chicago’s Nursing Home Negligence & Abuse Lawyer
If you believe that your loved one has suffered because of nursing home abuse or neglect in Chicago, contact Malman Law right away. We believe that nursing home abuse or neglect should not be tolerated.