Many of the veterans that fought for our country often need assistance performing day-to-day tasks as they get older. For this reason, Veteran’s Affairs (VA) has established nursing homes nationwide to provide residential care for those who struggle to live independently. Yet, even in these care facilities, elderly veterans face abuse and neglect at the hands of nursing home staff and administrators. These seniors may have no other options in terms of relocating to a different facility, and often remain silent in the face of their maltreatment. That is why at Pintas & Mullins Law Firm, we advocate on behalf of nursing home residents. We can hold the nursing home accountable for their actions while also providing support to you and your family.
If you suspect that your elderly loved one suffered any kind of neglect or abuse in a VA nursing home, contact a Forest View veterans neglect and abuse lawyer at Pintas & Mullins Law Firm.
VA Community Living Centers
VA Nursing Home Care Units are now called “VA Community Living Centers.” No matter the name, these facilities must uphold a quality of care to properly look after elderly veterans. Any veteran with a chronic condition such as dementia, respite or intravenous therapy, or who need end of life care and comfort are oftentimes eligible to make use of these facilities.
By accepting residents into their organization, VA Community Living Centers take on a standard of care, meaning that they must provide services that act in the best interests of their patients. According to the Gerontologist, the quality of a nursing home correlates to the degree of administered health services, as well as the likelihood of desired outcomes regarding a patient’s overall wellbeing. When evaluating your loved one’s situation, one of the elements that your legal team will search for is indicators reflecting a patient’s treatment. If your loved one appears unkempt, emotionally distant, or shows evidence of physical abuse, this violates any reasonable care standard.
Neglect of Veterans in Nursing Homes
Illinois civil statute defines neglect as “another individual’s failure to provide an eligible adult with … the necessities of life, including, but not limited to, food, clothing, shelter, or healthcare.” Any physical or mental harm that directly results from a caregiver in a nursing home failing to provide the established standard of care is neglect.
Some examples of nursing home neglect towards veterans can include:
- Basic Needs – Withholding needs or services such as food, water, or helping a resident go to the bathroom.
- Personal Hygiene – Neglect of a resident’s basic personal hygiene requirements such as bathing, teeth brushing, cleaning bed sheets and clothes, and assisting residents struggling with incontinence.
- Emotional Needs – Failing to provide a safe environment free from harassment, humiliation, threats, intimidation, or yelling. Additionally, intentionally leaving a resident alone as punishment or repeatedly ignoring their requests for basic needs violates Illinois nursing home laws.
- Medical Needs – Failing to provide appropriate medicine, at the appropriate times, dispensed in an appropriate way (crushed, rolled, with food or water, etc.)
One of the major indicators of neglect is the development of bedsores in an affected patient. The Indian Journal of Plastic Surgery notes that these are unfortunately common in bedridden patients or those with limited mobility. Without an attending medical staff intermittently repositioning a patient or allowing them to partake in physical activity, these ulcers can form on the bony areas of the body, including the heel, elbow, ankle, hips, and tailbone.
If you suspect that your loved one has suffered abuse or neglect during their residence at a VA nursing home, call Pintas & Mullins Law Firm.
For a free legal consultation with a Veterans Neglect and Abuse Lawyer serving Forest View, call (800) 794-0444
Services a Lawyer Can Provide
Before we proceed with a civil action, your legal team will have to undertake an investigation to verify the extent of your loved one’s abuse and neglect.
This process may include:
- Interviewing relevant witnesses, including nursing home staff, other residents, and relatives.
- Taking a statement from your loved one if they are cognitively able.
- Photographing any bruises, scratches, or physical indicators of abuse.
- Filming video to record living conditions that are unsanitary or demonstrate poor quality.
- Seeking advice from a medical professional regarding your loved one’s health condition.
- Reviewing any surveillance footage that may be present in the facility.
- Examining any previous allegations of abuse and neglect against the nursing home.
Once we have determined the presence of maltreatment, we will notify the nursing home administration that we plan to move forward with legal proceedings. Under the Illinois Nursing Home Care Act, the facility has 60 days to remedy your complaint, or otherwise be held responsible for your loved one’s treatment. Since VA runs the nursing home, we may have to take alternate routes when it comes to filing a complaint, however, under this law, allowing 60 days for a resolution is standard practice.
Our goal is to be able to ensure your loved one’s care and safety without having to go to court. Many times, in cases of elder abuse, we can accomplish this. However, should we find that the facility is not cooperating with our investigation or impedes the legal process, we have no problem taking your case before a judge.
Forest View Veterans Neglect and Abuse Lawyer Near Me (800) 794-0444
Contact a Forest View Veterans Neglect and Abuse Lawyer
Our veterans fought for our country and deserve the very best care as they age. If you discover that your elderly veteran suffered abuse or neglect in a VA nursing home, you should contact a Forest View veterans neglect and abuse lawyer to learn more about your options. Your financial recovery may cover the cost of relocating your loved one to another facility, paying their medical bills, and providing end-of-life expenses.
Keep in mind that you may not have a long time to act under Illinois’s statute of limitations. When you discovered your loved one’s abuse (or reasonably should have) will play an important role in determining your window of action.
To learn more about what we can do for you, call Pintas & Mullins Law Firm today.