Assisted Living Abuse and Neglect Lawyer

If a parent or loved one was hurt, neglected, or mistreated in an assisted living community, an assisted living abuse and neglect lawyer at Mixan Mahony, LLC can review what happened for free. Assisted living is designed for people who need some help with daily activities but not round-the-clock nursing care, and Illinois licenses these establishments. We serve families across Illinois from our Chicago office by phone and video.

How Assisted Living Is Regulated in Illinois

The Assisted Living and Shared Housing Act, 210 ILCS 9, requires a license to operate an assisted living or shared housing establishment, and the Act defines a qualified establishment as one licensed by the Illinois Department of Public Health. The Act also says an entity may not use the name “assisted living” in its name or advertising unless it is properly licensed.

An entity that operates as an assisted living or shared housing establishment without a license is subject to the provisions and penalties of the Nursing Home Care Act.

Problems an Assisted Living Abuse and Neglect Lawyer Sees

Common concerns in assisted living cases include:

• Accepting or keeping a resident whose needs exceeded what the facility could safely provide.
• Falls during bathing, toileting, or walking without the help in the service plan.
• Medication assistance errors.
• Choking and dining supervision failures.
• Wandering and elopement by residents with memory loss.
• Abuse or financial exploitation by staff.

Admission, Retention, and Service Plans

Assisted living establishments must complete an assessment and service plan for each resident. When a resident’s needs change, the facility should reassess and adjust services or help arrange a safer setting. Many claims turn on whether the facility kept a resident it could no longer safely care for.

Building an Assisted Living Claim

We request the resident agreement, assessments, service plans, medication records, incident reports, staffing records, and any Department of Public Health inspection reports. Depending on the facts, a claim may rely on general negligence principles, the facility’s contract, and the Act’s requirements.

When Assisted Living Neglect Leads to a Death

If neglect or abuse at an assisted living community contributed to a resident’s death in Chicago or elsewhere in Illinois, the family may have a wrongful death claim and a survival claim. Mixan Mahony, LLC looks at the service plan, staffing, and whether the resident needed more care than the community provided.

Assisted living deaths can involve:

• Keeping a resident whose care needs had outgrown the setting
• Unwitnessed falls and delayed help after a fall
• Medication reminders or administration errors
• Missed signs of infection, dehydration, or stroke
• Wandering by residents with memory loss

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 memory care abuse and neglect claims.

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 the Assisted Living and Shared Housing Act at 210 ILCS 9.

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 assisted living 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 assisted living 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 assisted living 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 assisted living 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 Assisted Living 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 assisted living 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.