About Midwest Injury Lawyers
At Midwest Injury Lawyers, we are strong advocates for injured elderly Americans and their family members. Legal representation isn’t just a job or a paycheck for our team; it’s our heart and passion. We will do everything we can to get you the compensation you deserve.
When you reach out to our knowledgeable Chicago nursing home abuse attorneys, they can help you take the necessary steps to get your loved one to safety and hold the appropriate individuals accountable for their actions. Contact our office today for a free nursing home abuse case review.
How Our Compassionate Chicago Nursing Home Abuse Attorneys Can Help You
It is traumatic to learn that you or a loved one is experiencing abuse or neglect in a place that is supposed to provide quality care. Our top priority is walking through this challenging time with you to protect and compensate you for mistreatment and harm that is not your fault.
We offer complete legal services for nursing home abuse or neglect victims and their families.
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Research state and federal regulator’s inspection reports
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Obtain medical records from healthcare providers.
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Examine bills, billing procedures, and Medicare payments.
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Safeguard access to charts and files from nursing homes, even if they push back.
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Facilitate photographs of conditions at the nursing home and the victim’s injuries.
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Help you comprehend standards of care that nursing homes must adhere to by law.
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Negotiate settlements and file lawsuits when necessary, depending on your situation and preferences.
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Take your claim seriously and support you during the entire legal process.
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The Startling Statistics of Nursing Home Abuse and Neglect
According to the United States Centers for Disease Control (CDC), about 1.3 million people live in nursing homes. Some live there because they need regular medical care, and others because they cannot take care of themselves by completing specific tasks such as cooking or bathing. No matter their reason for living there, residents and their families rightfully anticipate that quality care will be given and that they will not suffer abuse or neglect in these facilities.
As experienced Chicago nursing home abuse attorneys can tell you, nursing home abuse and neglect are sadly quite common.
Consider these startling statistics about abuse and neglect in nursing homes:
- As many as 5,000,000 elders suffer abuse each year.
- As many as 24.3 percent of nursing home residents experienced at least one occurrence of physical abuse while in a nursing home.
- More than 50 percent of all nursing homes are short-staffed and do not have enough staff to help care for the residents.
- According to the National Center on Elder Abuse in the United States, nearly one-third of all nursing homes in the United States are guilty of abusing their residents in some form.
- Two out of three elder abuse victims are women.
- Over 50 percent of nursing home staff have confidentially admitted to committing some form of abuse.
- Poor medical health has a connection to higher abuse rates.
- Neglect is the failure to provide an elder’s basic life necessities, such as food, housing, medicine, or hygiene, and is usually more common than abuse in nursing homes.
- Studies show that for-profit nursing homes have the lowest satisfaction and highest abuse rates.
Underreporting Likely Skews Statistics
Keep in mind that many instances of abuse and neglect in nursing homes go unreported. In fact, abuse and neglect in nursing home settings are not widely studied, and there is a lack of data. Estimates indicate that for every reported case, as many as 22 cases go unreported. This is due to several factors.
In some instances of abuse, nursing home residents do not want to be a bother or do not want to trouble or worry their family members or friends. Some nursing home residents don’t have the mental or emotional capacity to realize they are being abused and, therefore, cannot report it. Some may not have the physical ability to report their abuse. Others may fear that if they say something, they will experience retaliation, and the abuse might worsen.
Common Injuries from Nursing Home Abuse
Nursing home abuse can take on all shapes and forms. However, physical abuse can be the most recognizable type due to its often easily visible injuries.
Abuse-related injuries include:
Bedrail injuries
caused by a lack of supervision or even restraint use
Bedsores
frequently the result of neglect as nursing home residents should be repositioned at least once every two hours to prevent these pressure ulcers.
Falls
Nursing homes can prevent most falls.
Infections
Close living quarters make infections a common problem in nursing homes, especially when facilities do not practice proper infection control practices.
Spinal injuries
These excruciating and debilitating injuries often stem from intentional abuse and falls
If you suspect that your family member or loved one suffered abuse at the hands of their nursing home, don’t hesitate to call our knowledgeable Chicago nursing home abuse attorneys.
What You Can Do About Nursing Home Abuse
Whether you are worried about your own family member being abused or neglected in a nursing home or another resident, you can take action if you suspect someone is experiencing mistreatment.
By reporting abuse, you can reduce the chances that it will happen again and that more residents will become victims.
If a nursing home resident is suffering abuse:
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Report any life-threatening emergencies by calling 911 or local law enforcement.
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Contact the Adult Protective Services office to report suspected abuse.
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Report abuse to the Long-Term Care Ombudsman
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Find more resources by calling the Eldercare Locator at (800) 677-1116
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Reach out to our Chicago nursing home abuse lawyers to learn more about your legal rights.
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What Makes the Nursing Home Liable?
Nursing homes and their employees sometimes commit intentional acts, fail to act in specific ways, or fail to prevent accidents that leave them liable for the injuries their residents and other people experience. Examples of this include:
Negligent Hiring
Nursing homes have a duty of care only to hire trustworthy employees who will provide safe, appropriate care to their residents. For example, if the nursing home hires an employee who abuses, neglects, or intentionally injures a patient or they don’t train or supervise their employees adequately, they can face a lawsuit for negligence.
Failure to Keep the Premises Reasonably Safe
Nursing homes must take action to prevent slip and fall accidents or prevent one resident from attacking another. If the nursing home or its staff members know about certain dangers or should reasonably be aware of hazards but fail to take action to prevent injury, our skilled Chicago nursing home abuse attorneys can hold them liable.
Negligent Medical Care
Another action that can give rise to a lawsuit against a nursing home, its staff, or its medical providers is a lack of proper medical care. If a resident does not receive medical care that meets the current standards of care, the nursing home might face a claim for medical malpractice. If your family member received medical care at a nursing home that resulted in injuries or damages, talk to a seasoned Chicago nursing home abuse lawyer as soon as possible.
Negligent Supervision of and Provision for Residents
Long-term care facilities must have policies addressing resident health and safety. The policies must contain strategies to keep residents safe, for instance, using bed alarms, bed rails, door locks, and door alarms. The policies should also address sanitation and cleanliness of the facility. If the nursing home fails to provide a safe and healthy environment for its residents, you can hold them negligent. The nursing facility can face litigation for the resulting damages.
Chicago Nursing Home Abuse FAQs
There is no excuse for abuse and neglect in a nursing home. However, many factors can come into play regarding increasing the risk of nursing home abuse and neglect.
The most common factors include:
- Staffing shortages
- Lack of staff training and experience, such as staff who do not have the required educational or vocational training or who do not understand policies specific to the nursing home, lack of understanding of resident rights, and inadequate training for specific resident conditions and illnesses
- Underpaid staff
- Poor supervision, management, and accountability
- Individual caregiver issues such as burnout and stress, personal issues at home such as divorce or financial troubles, poor personal health and illness, mental illness, or a personal history of being abused
- Individual resident risk factors such as cognitive illnesses, physical disabilities, mental illness, having additional needs
- Lack of consequences for those committing the abuse and neglect
Understanding why residents in nursing homes are abused or neglected can help nursing homes take steps to reduce the occurrence of this treatment.
It’s natural to want to believe that the nursing home is providing care that meets both legal and ethical standards for your family member. However, sometimes this can cause you to miss sure signs of abuse and neglect. Far too often, we see that loved ones can miss the warning signs. Knowing what to look for is the first step in protecting nursing home residents.
Always look for:
- Bruising, scars, or welts on the body
- Unexplained broken bones, dislocations, or sprains
- Broken eyeglasses
- Signs of restraint use, such as rope marks on the resident’s wrist
- Caregivers refusing to let you be alone with the resident
- Unusual behavior such as mumbling behaviors, thumb sucking, or rocking behaviors.
- Caregivers using belittling, controlling, or threatening behavior with residents
- Unusual weight loss
- Signs of poor nutrition and dehydration
- Poor hygiene
- The presence of bedsores
- Unsafe living conditions (lack of heat, faulty electrical wiring, fire hazards, or no running water)
- Missing cash from the resident’s room
Suspect Nursing Home Abuse or Neglect? Call Our Chicago Nursing Home Abuse Attorneys Today
With a growing elderly population and excessively taxed care systems, nursing home abuse is unfortunately on the rise. There is no excuse for this type of abuse. We can hold the employees and facilities who abuse their residents liable for their actions. Reach out to a Chicago personal injury lawyer.
Learning that someone you love and care about has become the victim of abuse or neglect in a nursing home that you trusted to care for them can come as quite a surprise. You may rightfully feel betrayed and angry.
Under no circumstances is this mistreatment okay. Those committing the abuse might face criminal charges, and facilities might face civil penalties. With the help of a Chicago nursing home abuse attorney, you can hold the nursing home liable for the injuries and damages your elderly loved one suffered.
Contact us today for your no-obligation case consultation. You can reach us by phone at (312) 786-5881 or online.
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Midwest Injury Lawyers – Chicago Office
155 N Upper Wacker Drive, Suite 4250
Chicago, IL 60606
P: (312) 786-5881
A Word from a Nursing Home Negligence Lawyers
Our goal is to give a voice to victims that might otherwise stay silent in the face of nursing home misconduct. There is no excuse for acts that take advantage of vulnerable victims. Fortunately our state has powerful laws to protect the rights of nursing home victims. We handle cases in Chicago and throughout Illinois and would love to help you. Our consultations are free, confidential, and mindful of your difficult experience.
– Chester L. Cameron
Request a Free Consultation
Tell our experienced team about your accident and/or injuries. One of our personal injury attorneys will contact you to schedule a free case evaluation. Remember: you won’t pay for anything unless we secure a compensation on your behalf.
Call (312) 786-5881 or send us a message online to get started.