Six Important Things to Know about Nursing Home Neglect Cases

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.

Medical Malpractice Cases - Reasons Why Medical Documentation Matters

When you receive treatment from a doctor or hospital, you are trusting them to deliver a competent level of care that won’t lead to preventable harm. Unfortunately, even the best physicians can make serious, though unintended, mistakes. 

Medical mistakes and medical treatment that doesn’t go as planned could leave you in significant distress and suffering both physically and mentally. This could lead to substantial financial losses and further medical expenses. 

Medical documentation isn’t something that a patient normally needs to think about but when things haven’t gone as planned, they can be a crucial part of the case. If there is any kind of dispute or disagreement between the patient and the physician, the medical documentation provides the legal protection that both sides need. When the medical documentation is missing, insufficient or contains mistakes, it can help to demonstrate that the physician has not acted as competently as the law expects. 

If you have suffered from harmful medical mistakes, sometimes generally referred to as medical malpractice, don’t suffer in silence. Contact William S. Wojcik Ltd.,  and receive advice and support from our expert team of professional medical malpractice lawyers in Chicago. 

Medical Malpractice Cases

Medical malpractice is an extremely complex area of law, and requires expert knowledge and skill to be able to navigate the case successfully. Here at William S. Wojcik Ltd, we have a proven track record in medical malpractice and have lawyers with vast experience in the field. 

It’s essential to understand how the law defines medical malpractice before proceeding with a case. For the law to accept that medical negligence/ malpractice has taken place, the following must be established:

• There was a professional duty the physician owed to the patient. This is arguably the simplest to demonstrate as every physician owes their patients a duty of care. Nevertheless, it must be proven that the relationship existed. 

• There was a violation of the standard of care. This means that the physician was negligent in delivering a level of care that would have been deemed as acceptable by other medical professionals, given similar circumstances. The law allows that patients should be entitled to expect to receive a consistent level of care from health care professionals. If it’s accepted that the physician has deviated from the standard of care that any other prudent health care professional would have provided, it’s possible to establish negligence. 

• It is not sufficient for the negligence simply to have taken place - there must be some injury caused. For medical malpractice to be proven, it must be demonstrated that the injury arose as a result of the negligence. If there was an injury but it did not arise from the negligence, there will be no case to answer. 

• The injury caused by the negligence led to significant damage. It must be proven that the injury caused suffering and hardship, disability, loss of income, unusual pain or additional past/future medical bills. 

In this context, it’s imperative to underline the fact that a physician failing to act when they should have done something is also considered to be negligence. The circumstances of the care will also determine what the outcome would have been, and the test will be against what other competent health care professionals would have done in similar circumstances. For example, the expectations for emergency care in a life-threatening situation may be different from routine minor surgery. 

At William S. Wojcik Ltd. in Oak Lawn, IL we have proven experience in establishing medical malpractice and understanding the very complex criteria which applies. 

Medical Malpractice Lawyer in Chicagoland

We understand that deciding to go ahead with a case for medical malpractice can be a difficult decision to make. Our professional team of medical malpractice lawyers in Chicagoland can guide you through the process, step by step. A study by the University of Chicago revealed that as many as 1 in 5 Americans believe they have suffered from an error in their medical care. Out of these people, three quarters said they were injured as a result of the error. If all of these people received proper help from a medical malpractice lawyer, there would be millions of claims every year. However, another study suggested that no more than 1% of all medical incidents lead to a claim. 

Despite the popular misconception that there is too much litigation, the reverse is actually true. Only a tiny fraction of people receive the support they deserve from a medical malpractice lawyer after being injured due to medical malpractice. 

The Journal of the American Medical Association (JAMA) has said that medical malpractice is the third leading cause of USA deaths, with more than a quarter of a million people dying every year due to errors. Given the potential severity of errors, pursuing a claim for medical malpractice can help to prevent even worse mistakes from taking place. 

If you think you may have been a victim of medical malpractice, come and talk to the lawyers who really understand. William S. Wojcik Ltd. will provide you with honest, independent and expert advice about what your options are. 

What to do if there is a Medical Documentation error?

Medical documentation is a crucial part of the process and if it goes missing, the result can be catastrophic. A physician must keep complete records of your care including any agreements you reached regarding treatment, the medication prescribed, allergies, care given and any other pertinent information. These records could save your life in an emergency so it’s vital that they’re completely reliable. 

The care and medication delivered to you will be based on other medical professionals reading your records so missing, incomplete or incorrect information is a huge issue. If you suffer an injury and the appropriate medical documentation is incomplete, incorrect or unclear, you could have a strong case for medical malpractice. 

In addition, if missing records prevented you from receiving the proper care you would have been entitled to, and you suffered a substantive injury as a result, you may be eligible to claim. 

Medical documentation is there to provide you with a competent level of care and to protect the physician in the event of litigation. For this reason, any errors with the medical documentation must be taken very seriously because in the worst case scenario, the consequences can even be fatal. 

Medical Malpractice Settlement Case Studies 

Here in Chicagoland, at William S. Wojcik Ltd. we have an outstanding track record in winning cases for medical malpractice. We believe it’s important for patients to have their voices heard in an area of litigation that can be difficult to navigate. 

With more than 100 successful cases for medical malpractice and 40 years in practice, our team of lawyers at William S. Wojcik Ltd can provide the very best possible advice. 

Some of the cases for medical malpractice we have won includes:

• $1.495 million for an elderly patient who developed vascular injuries due to surgical errors, and subsequently received negligent wound care while in a nursing home;

• $3.775 million for a group of female patients who endured unnecessary biopsies from their ob/gyn physician;

• $1.2 million for a baby who was infected with Hepatitis B as the hospital and physician failed to administer the necessary Hepatitis B vaccine or Hepatitis B immune globulin at birth or during his stay. 

We have also been at the forefront of groundbreaking cases for medical malpractice, including the use of novel theories to produce settlements. 

The field of medical malpractice is exceedingly complex so it’s essential to have help from lawyers who are experts in this area. At William S. Wojcik Ltd., we can provide you with honest, reliable and informed advice about your case for medical malpractice and what to do next. 

Get in touch with us today at our office in Oak Lawn, Illinois to find out more.