Nursing Home Abuse

Similarly, the Health Facilities and Regulation (210 ILCS 45/) Nursing Home Care Act has a specific definition of nursing home neglect:

• Sec. 1-117. Neglect. “Neglect” means a facility’s failure to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living that is necessary to avoid physical harm, mental anguish, or mental illness of a resident.

Neglect can lead to a number of serious problems for your loved one including:

• Dehydration
• Poor nutrition
• Bedsores, and failure to treat the infections they cause
• Untreated illnesses
• Social isolation
• Failure to provide prescribed medications

The signs of nursing home abuse are easily overlooked. Naturally, you trust the facility you’ve chosen for your parent, spouse, or loved one, so you may not see the signs of abuse, neglect, and mistreatment right away. You may also misinterpret those signs or explain them away as part of the aging process. Worse, staff and management at the nursing home may try to convince you of the same thing.

Here are some of the signs of nursing home abuse, neglect, and mistreatment, according to the National Institute on Aging:

Even if your loved one is fully capable physically and mentally, they may not tell you about any abuses they’re experiencing because they are too scared or ashamed. Talk to them alone and tell them that you’re worried. Report abuse to the authorities, who will start an investigation. If your loved one is in immediate danger or medical distress, call 911.

Visit the National Institute on Aging for more information.

Once your loved one is safe, you can turn your focus to getting the justice and compensation your parent, spouse, or other loved one deserves. Call Vinkler Law at 630-655-9545 for a free case review. We specialize in helping families like yours get through this difficult time and pursue the people responsible.

Protect your loved one. Call Vinkler Law today for a free, confidential case review.

If you know of or even suspect nursing home abuse, there are a few steps you can take immediately to protect the rights of your loved one:

1. Call 911 – If your loved one is in immediate physical or mental danger.
2. Document – Note injuries; take photos; write down key times, days, and locations; note changes in behavior (especially more withdrawn, fearful behavior and socially isolating behavior); gather medical details; and write down your own observations, thoughts, and suspicions with dates. All small details are relevant.
3. Where to Report Nursing Home Abuse – Depending on the severity of the abuse or neglect, you may choose to report to facility management. If that doesn’t resolve the situation or if the abuse or neglect is more serious, send your report to the Illinois Department of Public Health (IDPH – investigates nursing home issues), Adult Protective Services (APS – investigates reports of adult abuse, neglect, and exploitation), or the Long-term Care Ombudsman Program in your region.
4. Call a Nursing Home Abuse Attorney – Protect the rights of your loved one early in the process. Vinkler Law has years of experience helping families just like yours who are victims of nursing home abuse and nursing home neglect. We can help you collect and preserve evidence, provide investigation support, guide you in what your next steps are to protect the rights and well-being of your loved one. Then, we’ll file your case on your behalf to make sure your loved one gets the justice and compensation they deserve.

Not only is Vinkler Law home to experienced nursing home abuse lawyers, we are also experienced at taking care of you and your family during this difficult time. Our motto is to listen first and act next. Unlike “big box” national law firms, we treat you and your family like real people, not a case number. After all, we’re neighbors – we live in Chicago and have close ties to Northern Illinois.

We will provide you:

According to Sec. 1-103 of the Health Facilities and Regulation (210 ILCS 45/) Nursing Home Care Act, “‘Abuse’ means any physical or mental injury or sexual assault inflicted on a resident other than by accidental means in a facility.”

According to Sec. 1-117 of the Health Facilities and Regulation (210 ILCS 45/) Nursing Home Care Act, “‘Neglect’ means a facility’s failure to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living that is necessary to avoid physical harm, mental anguish, or mental illness of a resident.”

Elder abuse includes any physical, mental, or sexual assault on an elderly person, which is generally accepted as anyone over 65 years old. Other types of abuse and elder mistreatment can include financial abuse, abandonment, elder neglect, restraint/confinement, and withholding the basic needs of life.

Nursing home abuse and nursing home neglect both fall under the umbrella of elder abuse.

It’s impossible to predict exactly how long it will take to settle a nursing home lawsuit. Most (about 95%) are settled out of court. They can take anywhere from a few months to several years. Those who do go to court tend to take longer to resolve. The complexity, number of people involved in the abuse or neglect, attempts at cover-up, and how busy the courts are can all affect how long it will take to settle your lawsuit.

Sometimes reporting to the nursing home management is enough. However, if that doesn’t resolve the situation or if the abuse or neglect is more serious, send your report to the Illinois Department of Public Health (IDPH – investigates nursing home issues), Adult Protective Services (APS – investigates reports of adult abuse, neglect, and exploitation), or the Long-term Care Ombudsman Program in your region.

You can also contact Vinkler Law (630-655-9545) with any questions you may have, even if you only suspect elder abuse without any proof. We can walk you through the rest.

Vinkler Law works on a contingency fee basis, which means we don’t get paid until you do. Most reputable personal injury firms in Chicago work this way.

That means no upfront costs for you. We take care of all costs including investigations, court filing costs, and expert witness fees so you don’t have to worry.

It depends on the situation. The sad truth is that as we get older, we are more prone to falls. However, nursing homes are supposed to reduce the risk of falls. If a fall leads to an injury due to abuse, neglect, or negligence on the part of the nursing home, you may have a case.

The truth is, elder abuse is a widespread problem. The best we can do is watch for the signs of nursing home abuse and neglect (see below) and protect our loved ones when they need us.

If you’re feeling guilty that your loved one endured elder abuse in a nursing home, we can tell you that’s a natural feeling – and it’s a position you and your family should never have been put into. It’s not your fault. But someone is at fault, and Vinkler Law will fight hard to bring you justice.

Here are some of the signs of nursing home and neglect, according to the National Institute on Aging:

• Physical Abuse – Unexplained injuries or physical signs of punishment or restraint, such as bruises, scars, or burns
• Emotional Abuse – Depression, anxiety, or changes in behavior
• Neglect – Preventable health problems such as bedsores or unclean living conditions
• Abandonment – Leaving an older adult who needs help alone without planning for their care
• Sexual Abuse – Changes in mood, becoming withdrawn, or other physical signs
• Financial Abuse – Changes in banking or spending patterns

The best way to prove elder abuse in a nursing home is to document everything. That means take pictures of injuries, noting the date, time, and place. Collect all medical records for treatment of these injuries. Note any changes in mood and behavior. Make your own notes to including your own thoughts and suspicions, including dates when you notice or write things down. Remember that there can be many different types of elder mistreatment including mental, emotional, and financial abuse, not just physical abuse. Call Vinkler Law (630-655-9545) – we’ll build the case for you.

Yes. Emotional trauma, neglect, financial abuse, and other forms of abuse may not leave noticeable physical marks, but they still deserve compensation.

Yes, but “clear proof” can come in many ways – it’s not just visible injuries. Vinkler Law knows how to gather evidence in your loved one’s case including medical documents, evaluations, expert testimony, eyewitness accounts, accounting forensics in the case of financial abuse, and other methods. Your loved one does not need clear signs of physical injury for a nursing home abuse case.

You don’t have to face this alone. Let our Illinois medical malpractice lawyers fight for you.