Nursing home abuse occurs when a facility caregiver intentionally acts—or fails to act—in such a way that ultimately harms a resident or creates a risk of harm to the resident. Because nursing home residents tend to be elderly, the Centers for Disease Control and Prevention categories for elderly abuse apply to nursing home environments.
CDC identifies five main types of elder abuse:
- Physical abuse
- Sexual abuse
- Emotional abuse
- Financial exploitation
If you have any questions or concerns about the possible abuse or neglect of a loved one living in a nursing home, you may benefit from legal assistance in your efforts to file a personal injury claim. Call the team at Pintas & Mullins Law Firm today and find out how an Oak Park nursing home injury lawyer can help.
Nursing Home Residents Count on Loved Ones to Speak Up for Them
Proving elder abuse in a nursing home can prove challenging and can result in cases being ignored or poorly reported to the authorities. Some nursing home residents suffer from medical problems or conditions, like Alzheimer’s or the effects of a stroke, that affect speech or memory. In these cases, the elderly resident’s inability to clearly communicate their abuse results in their cases slipping through the cracks.
Abuse and neglect present themselves with visible of which family members and caregivers can spot, if they pay close attention.
Signs of Nursing Home Abuse and Neglect
the 2.5 million nursing home residents stand a significantly greater risk for experiencing abuse and neglect than elderly individuals who live at home.
Caregivers need to know how to recognize the signs of abuse so they can put a stop to it and hold the at-fault parties accountable for their actions. When visiting your loved one in a nursing home, look for any of the following indicators of abuse and neglect:
- Behavioral changes, such as agitation towards a certain person
- Signs of physical injury, such as bruises, scars, broken bones, and sprains
- Torn or stained clothing
- Broken eyeglasses
- Signs of over- or under-medication
- Unexplained weight loss
- Rocking or mumbling
- Untreated bedsores
- Unsanitary conditions
- Understaffed care facilities
- Hesitance from staff members when you ask questions
Nobody casually decides to put their loved one in the care of another person, and those who do have the right expect a good standard of care from the facility. If you notice any signs of mistreatment of your loved one that make you wary, you have options to protect their rights, wellbeing, and safety.
For a free legal consultation with a Nursing Home Injury Lawyer serving Oak Park, call (800) 794-0444
What to Do if You Suspect Nursing Home Abuse
If you suspect abuse, exploitation, or neglect of an adult age 60 and above, report it by calling the Illinois Department of Aging at 1-866-800-1409 or the Adult Protective Services Hotline at (800) 252-8966. You may also consider speaking to an Oak Park nursing home injury lawyer to voice your concerns and seek legal advice.
The team at Pintas & Mullins Law Firm can assist you with your case and help you gather evidence, seek medical investigations by working with doctors who are familiar with nursing home neglect cases, and arrange interviews with your loved using special techniques to overcome any difficulties in communication, if necessary.
Oak Park Nursing Home Injury Lawyer Near Me (800) 794-0444
Awards in Nursing Home Injury Cases
By filing a claim or lawsuit, you can pursue a claim for damages occurring from a nursing home injury or case of abuse. You will need to be able to prove that:
- The nursing home owed a duty of care to the resident.
- The nursing home breached the duty of care to the resident.
- The resident suffered harm as a result of the breach.
Courts grant awards in successful cases to compensate the victim or their family for any injury or abuse the resident suffered. Types of awards a lawyer can pursue for your loved one include:
- Physical pain and suffering
- Mental pain and suffering
- Emotional distress
- Cost of any medical treatment resulting from the injury or abuse
The above represent only a handful of the damages you may be able to claim in the case of your loved one’s nursing home abuse or neglect.
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Illinois Statue of Limitations
The statute of limitations in Illinois limits the time you have to file a claim for personal injury for nursing home abuse and neglect. The clock generally runs out two years from the date of the injury.
You should also know that the process of seeking settlement in a nursing home abuse lawsuit can take a long time, as long as 18-24 months from the date you commence work on the case.
After reporting the suspected abuse to the appropriate authorities and making sure your loved one is safe, reach out to an Oak Park nursing home injury lawyer sooner, rather than later. This gives your attorney more time to collect the necessary evidence and build an effective case.
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Pintas & Mullins Law Firm: Protecting the Vulnerable
In cases of nursing home abuse, older adults need to understand their rights and seek legal assistance. The team at Pintas & Mullins Law Firm work hard to restore dignity to older people who have suffered from nursing home abuse and neglect. We will pursue justice from those responsible and demand that they account for their actions.
We bring a unique mix of nursing home and medical malpractice law to each case, and we only charge legal fees for the cases we win. We also offer a free case evaluation where you can voice your concerns to direct us in our legal.
Contact Pintas & Mullins Law Firm today for further help and advice.