Illinois

Illinois nursing home patientIllinois Nursing Home Abuse Lawyers

Those who have loved ones in Illinois nursing homes need to be aware of the statistics in regards to abuse and neglect that occur in nursing homes. It is important for family members to be aware of these statistics so that they can constantly ensure that a nursing home is maintaining the highest standards of care. In 2008, patients in over 28 percent of all Illinois nursing homes developed pressure sores. Even more disheartening, over 37 percent of all Illinois nursing homes failed to maintain necessary professional standards under the law. There were over 14 percent of all nursing homes that used chemical and physical restraints on patients in an illegal manner.

You do not want your loved one to become part of these tragic statistics. If your loved one has already suffered from abuse or neglect in an Illinois nursing home, then you can get in touch with an Illinois nursing home attorney to receive additional help for your case today. Illinois nursing home abuse lawyers will investigate your report today to get started in filing a lawsuit against those who are responsible for your loved one’s injuries.

Nursing Home Laws in Illinois To Protect Patients From Negligent Care

Several Illinois laws govern nursing home standards and the care that patients receive in nursing homes. These are the Nursing Home Care Act, Elder Abuse and Neglect Act and Illinois Act on the Aging. The Nursing Home Care Act outlines the rights that Illinois nursing home residents have. These rights include the ability to manage one’s own financial affairs, using his or her own personal property, be treated with respect and privacy, be free of physical and chemical restraints and be protected from unlawful discrimination.

Under the Elder Abuse and Neglect Act, “neglect” is defined as one’s failure to provide a nursing home resident with the necessities of life. These necessities include, food, clothing, shelter, health care and more. If a worker suspects that a nursing home resident is the victim of abuse, neglect, financial exploitation or self-neglect, then he or she has a legal responsibility to report the abuse. One who makes a report of abuse or neglect will receive special immunity that protects him or her from criminal or civil liability and professional disciplinary action. In addition, the confidentiality of a worker who files a report with the agency will be protected at all times.

Lastly, the Illinois Act on Aging outlines the services that must be made available to residents in nursing homes. Residents must receive services that include assistance with bathing, grooming, toileting, nail care, transferring, respiratory services, exercise and positioning. In addition, a nursing home resident must receive at least three meals a day, routine housekeeping services, personal laundry and linen services, assistance with daily living activities, medication management and money management. A nursing home facility must also provide 24-hour security and an emergency response system.

If nursing home facilities fail to meet these standards, then family members should speak with an Illinois nursing home abuse lawyer about potential courses of action.

The Signs of Nursing Home Abuse and Neglect For Families to be Aware of

The family members of nursing home residents should always try to be aware of certain signs of abuse and neglect. This will make it easier for family members to immediately report abuse and get help from attorneys. The following are some signs of neglect and abuse:

  • Unchanged bed sheets
  • Unwashed clothing
  • Spoiled food
  • Physical injuries
  • Bed sores
  • Abrasions and scratches
  • Bleeding
  • Depression and anxiety
  • Broken bones
  • Crying and emotional outbreaks

Call Illinois Nursing Home Abuse Lawyers Now

If you suspect that your loved one is the victim of nursing home abuse, it is important to do something about it. Call a nursing home abuse lawyer today to move forward in your case. Our attorneys handle elder abuse matters involving nursing homes and assisted living facilities throughout Illinois including the following major cities:

  • Chicago
  • Aurora
  • Naperville
  • Rockford
  • Joliet
  • Peoria
  • Elgin
  • Cicero
  • Waukegan
  • Champaign
  • Springfield

An Illinois nursing home attorney will aggressively pursue your case to fight for the compensation that a loved one deserves.  Call us anytime to discuss your specific circumstance with a lawyer who has experience with similar matters.

Nursing Home Negligence

Statute of Limitations

  • 2 years. (735 ILCS 5/13/-202)
  • Medical malpractice - 2 years with Discovery Rule (claimant knew or reasonably should have known of the injury).  If claimant is a minor under age eighteen, then SOL period is 8 years from date of act or omission, but no later than claimant’s twenty-second birthday.  (735 ILCS §5/13-212)

Damages Cap

  • None.  No punitive damages in medical malpractice cases. (735 ILCS §5/2-115)
  • Noneconomic damages cap in medical liability causes of action declared unconstitutional.  LeBron v. Gottlieb Memorial Hospital, et al. (Cook Co: 06 L 12109, Nov. 13, 2007).  Caps on damages in tort claims declared unconstitutional.  Best v. Taylor Mach. Works, 179 Ill.2d 267 (1997).

Wrongful Death

Statute of Limitations

  • 2 years from date of death, except for fraudulent concealment which is 5 years from date of claim. (740 ILCS §180/2)

Damages Cap

  • None.  No punitive damages in medical malpractice cases. (735 ILCS §5/2-115)
  • Noneconomic damages cap in medical liability causes of action declared unconstitutional.  LeBron v. Gottlieb Memorial Hospital, et al. (Cook Co: 06 L 12109, Nov. 13, 2007).  Caps on damages in tort claims declared unconstitutional.  Best v. Taylor Mach. Works, 179 Ill.2d 267 (1997).

Nursing Home Care State Law

  • Nursing Home Care Act (210 ILCS 45)
  • Elder Abuse and Neglect Act – (320 ILCS 20)
  • Illinois Act on the Aging

Disclaimer:

While we endeavor to keep this website current, the information and laws published here are subject to change. This web site may not immediately reflect such changes, and should not be considered legal advice. Please consult a lawyer if you have a specific legal problem.

more information »

About Jonathan Rosenfeld

Jonathan RosenfeldJonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the …

read more »

Additional Resources