When families place an older loved one in a nursing home, they expect the facility to provide appropriate care, supervision, and protection. Unfortunately, some nursing home residents experience neglect, abuse, or unsafe conditions. This type of negligence or carelessness can cause serious physical and emotional harm.
Nursing home abuse and negligence can take many forms. A resident may suffer unexplained injuries, medication errors, malnutrition, dehydration, bedsores, infections, or falls. In other situations, residents may experience emotional abuse, physical assault, sexual abuse, financial exploitation, or other intentional mistreatment. Any type of abuse or neglect may give you grounds for a personal injury claim against the nursing home and others.
At Mixan Mahony, our Chicago nursing home abuse and neglect attorneys represent residents and their families in personal injury claims involving nursing home abuse, neglect, inadequate care, dangerous conditions, and other types of preventable harm. We investigate what happened, identify potentially responsible parties, and pursue compensation for your injuries and losses. Contact our law offices today to set up a free consultation with an Illinois personal injury lawyer.
Your loved one deserves dignity and safety. Call us now at (312) 262-3971 or contact us by filling out the form here.
What Is Nursing Home Abuse and Neglect?
Nursing home abuse involves intentional acts that harm or threaten to harm a resident. By contrast, neglect generally involves a failure to provide the care, supervision, or services that a resident needs. While the underlying reason is different, both nursing home abuse and neglect can have devastating consequences.
Abuse may include:
- Hitting, striking, or otherwise physically harming a resident
- Sexual abuse or assault
- Verbal threats, intimidation, or humiliation
- Deliberately withholding food, water, medication, or necessary care
- Improper use of restraints
- Financial exploitation or theft
- Deliberately isolating or mistreating a resident
Neglect or negligence may involve:
- Failing to prevent foreseeable falls
- Failing to treat pressure ulcers
- Failing to provide adequate nutrition or hydration
- Failing to administer medications correctly
- Failing to monitor a resident’s medical condition
- Failing to respond to signs of infection or illness
- Failing to maintain a safe premises
- Failing to provide adequate supervision
- Failing to properly train or supervise employees
Nursing home residents are often particularly vulnerable to abuse and neglect because they may have cognitive impairments, chronic medical conditions, mobility limitations, or other circumstances that make it difficult to recognize, report, or escape mistreatment. If you suspect that your loved one is being abused or neglected, our Chicago nursing home negligence lawyers can listen to your story and advise you about your options.
Common Signs of Nursing Home Abuse or Neglect
Family members are often the first people to notice that something is wrong. A nursing home resident may be unable or unwilling to explain what happened, particularly if the person responsible for the abuse is a caregiver.
Warning signs of nursing home abuse and neglect may include:
- Unexplained bruises, cuts, burns, or other injuries
- Frequent falls
- Bedsores or pressure injuries
- Sudden weight loss
- Dehydration
- Poor Hygiene
- Dirty clothing or bedding
- Untreated medical conditions
- Repeated medication problems
- Sudden changes in behavior or mood
- Fear around particular staff members
- Social withdrawal
- Unexplained financial transactions
- Missing personal belongings
- A facility that discourages family visits or questions
- Staff members giving inconsistent explanations for injuries
One sign does not necessarily prove that abuse or negligence occurred. For example, a resident may fall even when properly supervised in a well-run nursing home. However, unexplained changes in a resident’s health or condition should not be ignored.
If you have concerns about your loved one’s care, document what you observe and ask questions. If the facility’s explanations do not make sense or the problems continue, consulting a Chicago nursing home negligence attorney can help you understand your legal options.
Types of Nursing Home Negligence Cases
Nursing home negligence can take many forms. Some of the more common types of neglect experienced by nursing home residents include:
Bedsores and Pressure Injuries
Residents who spend significant periods of time in bed or in wheelchairs can be vulnerable to pressure injuries. Proper nursing care may include regularly repositioning residents, monitoring their skin, maintaining appropriate nutrition and hydration, and following individualized care plans. Untreated pressure injuries can become severe and may lead to infection, tissue damage, hospitalization, and other serious complications. When a nursing home fails to follow appropriate protocols or recognize worsening injuries, the facility may be liable for any losses experienced by a resident.
Falls and Preventable Injuries
Falls are a serious concern for older adults, particularly for residents with mobility difficulties, medication-related risks, balance problems, or cognitive impairments. Nursing homes should assess residents’ risks and take reasonable precautions when appropriate. Depending on the circumstances, preventable fall injuries may result from inadequate supervision, unsafe conditions, improper assistance with transfers, failure to use appropriate mobility equipment, or failure to follow a resident’s care plan. A fall does not automatically mean a nursing home was negligent. An investigation is necessary to determine what caused the fall and whether appropriate precautions were taken.
Medication Errors
Nursing home residents rely on staff members to administer medications correctly and on schedule. Any type of mistake related to medications can have serious consequences. Medication-related negligence may include:
- Giving the wrong medication
- Giving an incorrect dosage
- Administering medication to the wrong resident
- Failing to administer prescribed medication
- Failing to recognize dangerous drug interactions
- Failing to monitor a resident for adverse reactions
- Failing to follow physician instructions
Medication errors may worsen an existing condition or cause entirely new injuries.
Malnutrition and Dehydration
Nursing home residents may require assistance eating and drinking. Some residents may also have specialized nutritional requirements or medical conditions that require close monitoring. Warning signs of inadequate nutrition or hydration can include significant weight loss, weakness, confusion, dry skin, recurring infections, or other changes in health. A nursing home may be negligent when staff members fail to follow dietary orders, monitor intake, assist residents with meals, or respond appropriately to signs of malnutrition and dehydration.
Infections and Untreated Medical Conditions
Nursing home residents can be vulnerable to infections and complications from underlying medical conditions. Facilities have responsibilities related to hygiene, monitoring, treatment, communication with medical providers, and appropriate responses to changes in a resident’s condition. Delays in recognizing or treating an infection can result in serious illness. A facility may also face liability if staff members notice concerning symptoms but fail to notify the appropriate medical personnel or family members when required.
Types of Nursing Home Abuse Cases
Neglect is not the only danger that nursing home residents may face. Intentional abuse may take many forms, including:
Physical Abuse
Physical abuse may include hitting, kicking, pushing, striking, inappropriate restraint, or other intentional physical contact that causes harm. Residents may be reluctant to report physical abuse because they fear retaliation or depend upon the perpetrator for their daily care.
Emotional Abuse
Psychological or emotional abuse may include threats, humiliation, intimidation, insults, harassment, isolation, or deliberately frightening a resident. Although emotional abuse may not leave visible injuries, it can cause significant harm.
Sexual Abuse
Sexual abuse involving a nursing home resident can include unwanted sexual contact, sexual assault, sexual exploitation, or other nonconsensual conduct. Because nursing home residents may have cognitive or communication impairments, these cases require careful investigation. A facility may also face questions about whether it properly screened, supervised, and responded to complaints concerning employees or other individuals.
Financial Exploitation
Financial abuse can occur when someone steals money or property, misuses a resident’s accounts, coerces financial transactions, or otherwise takes advantage of the resident. Warning signs may include unexplained withdrawals, missing possessions, unusual changes to financial documents, or new individuals gaining access to a resident’s finances.
Who Can Be Held Responsible for Nursing Home Negligence?
Adults who experience sexual assault may also have the right to A nursing home claim may involve more than just the individual caregiver who provided negligent care or who abused a resident. Potentially responsible parties may include:
- Nursing home operators
- Corporate owners
- Individual employees
- Administrators
- Nurses or other healthcare professionals
- Staffing companies
- Contractors
- Property owners
- Medical providers
In some cases, the underlying problem is not simply an individual employee’s carelessness. A broader investigation may reveal issues such as understaffing, inadequate training, poor supervision, unsafe policies, or a failure to respond to previous complaints. For example, if a nursing home fails to train employees on how to properly supervise and assist residents with eating and drinking and a resident suffers a choking injury, it could be liable for negligent training.
Our Chicago nursing home negligence lawyers examine the circumstances surrounding a nursing home injury to determine who may be legally responsible. This includes an evaluation of situations involving both negligent (careless) conduct as well as intentional or reckless behavior. If you have questions about whether you have a potential claim, you can reach out at any time to schedule a free consultation with a member of our legal team.
Compensation in an Illinois Nursing Home Negligence Case
Nursing home negligence and abuse can cause substantial financial and other losses. Depending on the circumstances of the case, a personal injury claim may seek compensation for damages such as:
- Medical and hospital expenses
- Rehabilitation costs
- Future medical care
- Costs associated with treating complications
- Physical pain and suffering
- Emotional distress
- Reduced quality of life
- Disability
- Expenses related to moving to a new nursing home
In some cases, a victim of nursing home abuse or neglect may be awarded punitive damages. This type of compensation is designed to punish someone who acted intentionally or recklessly. While punitive damages are not available in every nursing home injury case, your attorney can advise you of the potential for seeking this additional money based on the facts of your case.
When a resident dies because of nursing home abuse or neglect, additional legal claims may be available to surviving members. A wrongful death and/or survival action can help you recover money for things like funeral and burial expenses, loss of care and companionship, and more. A wrongful death claim can be an important way to not only get compensation for your losses but to seek justice for the loss of your loved one.
Studies show that people who have legal representation recover significantly more money than people who represent themselves in personal injury cases. If your loved one has been injured while residing in a nursing home, we can help you get the money that you deserve for their losses.
Reach Out to Talk to an Illinois Nursing Home Negligence Attorney
Nursing home abuse and neglect is unfortunately far too common in facilities across Illinois. Any type of abuse or neglect can significantly impact a loved one’s quality of life along with their physical and emotional health. While a lawsuit may not make your family member whole again, it can help them recover the money that they need to move forward.
At Mixan Mahony, we represent victims of nursing home negligence and abuse in Illinois personal injury claims. We handle all cases on a contingency fee basis, which means that you won’t ever pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Chicago nursing home negligence lawyer, give us a call at 312-262-3971 or fill out our online contact form.
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