Memory Care Abuse and Neglect Lawyer

If a loved one with Alzheimer’s disease or another dementia was hurt or neglected in a memory care unit, a memory care abuse and neglect lawyer at Mixan Mahony, LLC can help your family understand your options. Memory care programs promise added supervision and dementia-specific care, and families have a right to expect that promise to be kept. We serve families across Illinois from our Chicago office, with phone and video meetings available.

Illinois Rules for Alzheimer’s and Dementia Programs

Under Section 150 of the Assisted Living and Shared Housing Act, Alzheimer and dementia programs must follow the rest of the Act as well. A person may not be admitted or kept if the establishment cannot provide or secure appropriate care, or does not have staff in appropriate numbers and with appropriate skill.

Establishments that offer dementia programs must also give an accurate disclosure document under the Alzheimer’s Disease and Related Dementias Special Care Disclosure Act. That document describes the program’s services, staffing, and approach, and it can be compared with what actually happened.

Harm a Memory Care Abuse and Neglect Lawyer Often Sees

Residents with dementia may not be able to report what happened. Warning signs and common claims include:

• Wandering and elopement through doors that should have been secured.
• Falls and unexplained fractures.
• Choking or weight loss from inadequate dining assistance.
• Dehydration, infections, and pressure injuries.
• Overuse of sedating medications.
• Resident-on-resident aggression or staff abuse.

Memory Care in Nursing Homes and Assisted Living

Memory care can be offered in assisted living or in nursing homes. Nursing home residents have rights under the Nursing Home Care Act, including 210 ILCS 45/3-601, which makes the owner and licensee liable for intentional or negligent acts or omissions of their agents or employees that injure a resident. Which law applies depends on how the program is licensed.

Building a Memory Care Claim

We request the dementia disclosure document, assessments, service or care plans, door alarm and wander-system logs, staffing records, incident reports, and medication records.

When Memory Care Neglect Leads to a Death

Residents with Alzheimer’s disease or dementia depend on staff to notice danger. When memory care neglect leads to a death in Chicago or elsewhere in Illinois, the family may have a wrongful death claim and a survival claim. Mixan Mahony, LLC reviews supervision, care plans, and incident records.

Memory care deaths can follow:

• Elopement through unsecured or unmonitored exits
• Falls by residents who cannot call for help
• Choking or aspiration during unsupervised meals
• Dehydration, weight loss, or untreated infections
• Assaults by other residents with known aggressive behavior

A wrongful death claim under 740 ILCS 180/2 is brought by the personal representative for the surviving spouse and next of kin and generally must be filed within 2 years after the death, with exceptions in the statute. A survival claim under 755 ILCS 5/27-6 carries forward claims for injuries suffered before death.

Different deadlines can apply:

• Claims against physicians, registered nurses, or hospitals arising out of patient care may fall under 735 ILCS 5/13-212.
• Claims against a local public entity may be subject to the one-year filing rule in 745 ILCS 10/8-101, with a separate rule for patient care claims.

Learn more about Illinois wrongful death claims and elopement and wandering injuries.

Mixan Mahony, LLC, 444 W. Lake St., Suite 1707, Chicago, IL 60606. (312) 262-3971. Get directions to our Chicago office.

Illinois Deadlines and Fault Rules in Care Facility Cases

• Most injury claims: 2 years under 735 ILCS 5/13-202.
• Medical providers: 2 years from discovery with a 4-year outer limit under 735 ILCS 5/13-212(a), and different rules for minors.
• Nursing homes: under the Nursing Home Care Act, 210 ILCS 45/3-601, the owner and licensee are liable for intentional or negligent acts or omissions of their agents or employees that injure a resident, and under 210 ILCS 45/3-602 the licensee pays actual damages, costs, and attorney’s fees when a resident’s rights under the Act are violated.
• Shared fault: under 735 ILCS 5/2-1116, an injured person is barred only if their fault is more than 50 percent of the cause; otherwise damages are reduced by their share.
• More than one defendant: under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for medical expenses, and for other damages a defendant less than 25 percent at fault is severally liable while one 25 percent or more at fault is jointly and severally liable.
• Wrongful death: under 740 ILCS 180/2, an action is generally filed within 2 years after the death, with exceptions in the statute.
• Public entities: claims against a local public entity generally must be filed within 1 year under 745 ILCS 10/8-101(a), and personal injury claims against the State generally require a notice within 1 year under 705 ILCS 505/22-1 unless the claim is filed within that year.

These are general rules with exceptions. Ask a lawyer to confirm the deadline that applies to your situation.

Read Section 150 of the Assisted Living and Shared Housing Act at 210 ILCS 9/150.

In CILA cases, the IDHS Division of Developmental Disabilities publishes OIG abuse, neglect, and exploitation information by CILA provider, showing allegations reported to and accepted for investigation by the IDHS Office of the Inspector General and the results of those investigations.

Compensation Families and Injured People May Seek

Depending on the facts, a claim may seek compensation for medical bills, rehabilitation, increased care costs, pain and suffering, disability, and loss of a normal life. When a person dies, Illinois law allows certain family members to bring a wrongful death claim, and the estate may bring a survival claim for losses the person suffered before death.

Every case is different, and no lawyer can promise a result. Our role is to gather the evidence, explain your options honestly, and pursue the claim you choose.

What to Do Next

• Make sure your loved one is safe and receiving medical care.
• Ask the facility for the incident report and the care plan in writing.
• Photograph injuries and the room or area where the event happened.
• Write down the names of staff and the dates and times of conversations.
• Ask the facility in writing to preserve video and electronic records, and call us for a free review.

Related Practice Areas

You may also find these pages helpful:

• choking injuries in care settings
• falls and fractures in care settings
• suicide and self-harm negligence
• elopement and wandering injuries
• nursing home negligence, assisted living abuse and neglect, memory care abuse and neglect, CILA abuse and neglect, home health care negligence, behavioral health facility abuse, hospice neglect, independent living injuries, SMHRF abuse and neglect, medical negligence
• wrongful death claims

We also serve clients in communities such as Orland Park, Tinley Park, Berwyn, Waukegan and Lake County.

We serve clients throughout Illinois from our Chicago office. See our Illinois service areas, our Chicago personal injury practice, and our Illinois personal injury representation.

What to Expect When You Call Our Firm

When you contact a memory care abuse and neglect lawyer at Mixan Mahony, LLC, the first conversation is about listening. We ask what happened, who was involved, what injuries resulted, and what records you already have. You do not need to have everything organized before you call.

After that first call, a memory care abuse and neglect lawyer on our team will explain which deadlines may apply, which records we plan to request, and what an investigation is likely to involve. If we are not the right fit for your situation, we will tell you that as well.

Throughout the case, you can expect plain-English updates. Working with a memory care abuse and neglect lawyer does not mean giving up control of your decisions. You decide whether to accept a settlement offer or move forward with a lawsuit.

Many people wait to call a memory care abuse and neglect lawyer because they worry about cost or are unsure whether they have a claim. The consultation is free, and an early review can help protect evidence that might otherwise be lost or overwritten.

Talk With a Memory Care Abuse And Neglect Lawyer at Mixan Mahony, LLC

Whether you live in Chicago, the suburbs, or downstate, you can speak with our team by phone or video. A memory care abuse and neglect lawyer at our firm will listen, explain the law that applies, and outline the next steps without pressure.

• A free first conversation by phone or video.
• Records requests sent directly to providers, agencies, and insurers.
• Electronic signatures for paperwork.
• Updates by phone, email, or text.

Meet the Partners

Mixan Mahony, LLC was founded by Colleen Mixan Mikaitis and Mackenzie J. Mahony. Both partners are personally involved in the cases the firm handles for clients across Illinois, and you can reach them through our Chicago office by phone or video.

No attorney fee unless we recover for you. Your first consultation is free. How case costs and expenses are handled is explained in writing in the fee agreement before any work begins.

Contact Mixan Mahony, LLC

Mixan Mahony, LLC
444 W. Lake St., Suite 1707
Chicago, IL 60606
Phone: (312) 262-3971
View our Chicago office on Google Maps

We serve clients in communities outside Chicago from our Chicago office. We do not have offices outside Chicago. Phone and video meetings are available. You can also reach us through our contact page.

This page provides general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and past outcomes do not guarantee future results.