Things to Know about Nursing Home Neglect Cases
When you entrust the care of an elderly loved one to a nursing home, you expect them to receive the highest level of care. Some nursing homes across America provide an exceptional degree of care and support; however, others fall far short of expectations and residents sadly experience varying degrees of abuse and neglect.
Nursing home neglect should always be treated as the serious problem it is. While bringing a case against a nursing home for negligence may sound like an enormous undertaking, nursing home neglect cases very often have an incredibly positive outcome.
A successful case can provide you or a loved one with deserved compensation and even improve the care and support given to other residents, sometimes to a life-changing extent.
Here are six important things to know about nursing home neglect cases and what to do if you suspect a loved one is suffering abuse in a nursing home:
There Are Different Types of Nursing Home Neglect
Nursing home neglect cases don’t always revolve around physical abuse, which is what many people imagine when they think of abuse. Neglect can take many different forms, including:
Personal hygiene neglect
Emotional/social neglect
Basic need neglect
Medical neglect
These types of neglect can become apparent in multiple ways, such as:
Failure to prevent illness or injury
Inadequate bathing and cleanliness
Administering incorrect medication
Dehydration and malnutrition
Isolation
When a caregiver has failed a resident due to malpractice or physical or psychological neglect, it’s often possible to file a claim for compensation.
The Compensation Awarded for Nursing Home Abuse Is Varied
No two nursing home neglect cases are the same. There are many factors that determine what compensation you’ll be awarded and how much, including the severity of any injuries and whether the claim is for wrongful death or injury.
Here are some examples of what compensation may be awarded for in a nursing home neglect case:
Economic damages
Disfigurement
Pain and suffering
Medical expenses
Loss of normal life
Punitive damages
For the best results from a nursing home neglect case, it can be very helpful to have the assistance of a Chicago attorney who’s experienced in this very sensitive and complicated area of law.
Instances of Neglect in Nursing Homes Are Very Common
If you’re considering claim against a nursing home for abuse or neglect, then it’s important to remember that you’re not alone. The unsettling truth is that elder abuse is a prevalent problem across America.
The number of Americans aged 65+ who have been the victim of mistreatment by a person that they depend on for care is thought to be between 1 and 2 million. It’s also estimated that just 1 in 14 elder abuse cases are reported.
You Have Two Years to Make a Claim for Nursing Home Neglect
One of the most important things to know about nursing home neglect cases is that there’s a strict timeframe for making a claim. In the vast majority of cases, the statute of limitations expires 2 years after a person first knows about/should have known about an act of negligence.
It can be highly beneficial to file a claim sooner rather than later, as it’ll speed up the time it takes to recover damages. Finding and preserving evidence and hiring an experienced Chicago neglect lawyer can also be easier when you pursue a claim quickly. The sooner you bring abuse to light, the sooner it can end.
Multiple Laws Are in Place to Govern Standards in Nursing Homes
Knowing where you stand with federal and state laws or having someone to advise you on them is essential when pursuing a case for nursing home neglect. As well as federal laws, in Illinois there are multiple laws in place to protect the elderly and govern the care they should receive, including:
Illinois Act on the Aging
Illinois Nursing Home Care Act
Adult Protective Services Act
These laws cover everything from nursing home security measures and resident rights, to the necessities all residents are entitled to, like clothing, food and health care. Any deviation from the correct standards of care can lead to serious health problems, including potentially fatal conditions like pressure ulcers (bed sores).
Abuse Cases Can Result in Nursing Home Closures
Filing a claim against a nursing home could result in an outcome far greater than you ever believed possible: a nursing home closure. In cases where the abuse or neglect suffered by residents is substantial, the nursing home may be forced to close. Nursing home closures can prevent more residents suffering abuse at the hands of neglectful caregivers.
Nursing homes in Illinois have been closed in the past due to neglectful and abusive practices. The first instance of an Illinois nursing home closure – where such practices caused the death of a patient – was in a case taken on by the attorneys at Wojcik Law. The case resulted both in the closure of the nursing home and the first ever Decubitus Ulcer national conference, which took place in Chicago.
In this case, it was a patient’s death that ultimately brought to light the serious abuse and neglect at the nursing home. By keeping an eye out for the signs of nursing home neglect and acting quickly in the event of suspected abuse, it can be possible to bring a case against a nursing home before such a tragic event occurs.
What to Do If a Loved One Has Suffered from Nursing Home Abuse
Nursing home abuse is something that most people never expect to happen, so it’s understandable to be unsure what needs to be done when it does. There are a number of important steps to take when you suspect or are certain there has been abuse, these include:
Remove your loved one from the nursing home if necessary
Document any signs of abuse and talk with your loved one about the neglect
Contact the authorities and report the abuse (always call 911 in an emergency)
Hire a nursing home neglect lawyer
If you suspect a loved one is being abused, then it’s vital that you don’t delay in contacting the authorities. Protecting your loved one and other residents by stopping the abuse is a top priority!
Nursing Home Abuse Attorney in Chicago
When you contact a Chicago nursing home neglect lawyer, you’ll be able to get advice about your claim and receive support in taking the next steps. Abuse and neglect cases are often very traumatic and stressful, so having this professional assistance can be a real weight off your shoulders.
A nursing home neglect and abuse attorney will have experience in what constitutes neglect in different settings. They’ll help you to understand your rights and give you the power to fight back and make sure that your voice is heard.
Whether you’ve suffered from nursing home abuse, you’re representing a loved one, or you want to explore your options for filing a wrongful death claim, an attorney will be able to support you every step of the way.
Contact Wojcik Law for Advice on Nursing Home Neglect Cases in Chicago
Any instance of neglect or abuse in a nursing home should be treated with the upmost sensitivity and haste to achieve the best result for victims and survivors.
If you would like to know more about nursing home neglect cases and how you can receive compensation or learn more about what’s involved in nursing home closure cases, then contact Wojcik Law today.