Nursing Home Negligence

If you or a loved one has been the victim of nursing home abuse or neglect in Chicago or the surrounding areas, the attorneys at Karlin, Fleisher & Falkenberg, LLC can help you recover compensation for the damages this wrongful conduct has caused.

Abuse and neglect is not a minor problem in Illinois. Of the 1,200 long-term care facilities operating in the state, only a handful appear in the state's annual survey without any certification deficiencies. The state receives about 19,000 calls to its Nursing Home Hotline in a given year, and responds to more than 5,000 complaints. Whether you are filing a complaint with the state or not, it is highly recommended that you retain an attorney to make sure that action is taken swiftly and appropriately, and that you are compensated for the damages you have suffered.

What is Abuse & Neglect

The Illinois Nursing Home Care Act defines abuse as "any physical or mental injury or sexual assault inflicted on a resident other than by accidental means in a facility." Neglect includes "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." The Act holds both the owner of a facility and any licensee liable to residents "for any intentional or negligent act or omission of their agents or employees which injures the resident." Residents are able to recover actual damages, as well as attorney's fees and costs.

Signs of Abuse & Neglect

An injury may occur due to a fall, a medication error, or any number of reasons. Below are some common signs of abuse or neglect and the actions which may have caused them:

• Unexplained bruises, sprains, or broken bones may be signs of physical abuse
• If you notice bruises or welts at the same place on both sides of the body, such as the upper arms, this may indicate the resident was grabbed or held forcefully
• Bruises or marks at the wrists or ankles may indicate the use of illegal or unauthorized physical restraints
• If the resident exhibits anxiety, depression, or fearfulness, this may be a result of verbal, psychological, or emotional abuse
• Bedsores, unexplained weight loss, or dehydration are typical signs of neglect
• If the resident is confused or disoriented and does not have a diagnosed medical condition that explains these states, it may be caused by dehydration or malnutrition due to neglect

If you Have Been Abused or Suspect Abuse

Identifying abuse and neglect, and proving it in court, is not always easy. Many of the signs and symptoms can also occur without abuse or neglect, and family members may not suspect abuse. When confronted with patient injuries, nursing home staff will likely try to explain away the injury as being unrelated to any negligence or wrongful conduct. Expert testimony and a thorough investigation of the facility may be required to establish that abuse or neglect has occurred.

If you are a nursing home resident who has been the victim of abuse or neglect, report the problem to a member of the nursing staff or a supervisor, or reach out to a trusted friend or family member. If you are a family member who suspects abuse or neglect, report the situation to staff or supervisors at the nursing home. Document the signs and symptoms you see by taking notes and photographs, noting date and time, etc. As soon as possible, contact an attorney who can advise you on the proper steps to take to preserve your rights and remedy the situation. Unless the abuse or neglect was an isolated incident, it is not likely to stop or go away on its own. Legal action may be necessary to end the abuse for you or your loved one, and for other residents at the nursing home as well.

At Karlin, Fleisher & Falkenberg, nursing home negligence is one of the major areas of practice at our firm, which is limited solely to representing victims of personal injury and wrongful death in Chicago and surrounding areas. We dedicate ourselves to maximizing the compensation we can recover for our clients, who have suffered injury through no fault of their own. If you have been subject to nursing home negligence, or suspect abuse or neglect of a loved one in a nursing home, contact the experienced lawyers at Karlin, Fleisher & Falkenberg, LLC for a free consultation.