The day that you realize your parent or grandparent needs more care than you can provide is never easy. Even worse is learning that your loved one has been harmed in the nursing home to which you entrusted their care.
If your family member was subjected to abuse, neglect, or any other form of preventable harm while living in an assisted living facility, Thomas Law Offices is here to help. We are passionate about serving residents of the Chicagoland area and beyond.
We know that you don’t take suspicions of physical, financial, sexual, or mental abuse lightly, and neither do we. A Chicago nursing home abuse lawyer is ready to speak with you at no cost. During that meeting, we’ll help you understand what options you have for reporting suspected nursing home abuse or taking legal action if there’s evidence to prove that mistreatment indeed occurred.
Nursing Home Abuse Statistics in Illinois
Pew Research Center data published in 2024 showed that there were 62 million people aged 65 and over residing in the United States. That number is expected to climb to 84 million by 2054.
Given how elderly adults make up a significant portion of our population and that population is only expected to grow over the next few decades, it’s important that we all understand the current state of nursing home abuse and neglect if we want to be able to protect our most vulnerable friends and family in the future.
Let’s look at both Illinois and other nationwide elder abuse statistics:
- According to the National Center on Elder Abuse, one in 10 older adults living in community care facilities experienced some form of abuse during the previous year
- Psychological abuse is the most common form of abuse
- Women tend to face higher rates of elder abuse than men
- Illinois’ Adult Protective Services (APS) received 20,759 reports of abuse, neglect, self-neglect, and financial exploitation during fiscal year 2023
- According to the State of Illinois Department on Aging, between 1.8 to 2.8 million older adults (which they define as 60 and over) called Illinois home between fiscal year 2022 and 2024 – a number that accounts for 22% of our state’s population and that is higher than the current national average
In descending order, the following eight types of abuse and neglect were the most reported to APS:
- Financial exploitation
- Self-neglect
- Emotional abuse
- Passive neglect
- Physical abuse
- Willful deprivation
- Confinement
- Sexual abuse
Victims are often subjected to more than one type of abuse at a time. For example, APS notes that those who face financial exploitation are also at a significantly higher risk for emotional abuse.
Signs an Elderly Person Is Being Abused or Neglected
Entrusting a nursing facility with the care of your loved one is not easy. But you’ve done your research, utilized the Medicare Care Compare Tool, toured facilities, and finally settled on the place you believe is best equipped to provide care and medical treatment. Your job doesn’t end there, though.
Nursing home abuse victims generally have limited options for getting the help they need. Family members often serve as the first line of defense in these situations. If you can identify and recognize some of the most common signs of nursing home abuse and neglect, you can be ready to step in when your loved one needs help the most.
Do not hesitate to file a report or contact a Chicago nursing home abuse lawyer if you notice any of the following:
- Bedsores (pressure ulcers)
- Dehydration or malnutrition
- Dirty, stained, or threadbare bed linens
- Dirty clothes or clothing that is inappropriate for the weather or temperature
- Constant or repeated infections
- Falls
- Broken bones or fractures
- Head injuries, including traumatic brain injuries (TBIs)
- Elopement (leaving the nursing facility without permission, supervision, or knowledge of the staff)
- Dirty or cluttered living spaces or surroundings
- Torn or stained undergarments
- Diagnosis of sexually transmitted disease
- Bruises
- Unexplained injuries
- Missing or mismanaged medication
- Worsening physical or emotional state
- Depression or anxiety
- Acting withdrawn
- Rapid loss of mobility
- Poor personal hygiene
- Bedwetting or incontinence
- Refusal to participate in preferred activities or hobbies
- Missing items of value
- New authorized users on bank accounts
- Missing funds
If you notice any of the above signs of emotional, financial, sexual, or physical harm in your loved one, make a report right away.
Keep in mind that you know your loved one better than anyone else. Even if you can’t put your finger on what’s wrong, don’t be afraid to report suspected nursing home abuse—it could save their life.
How To Report Nursing Home Abuse in Illinois
There is nothing more important than the safety and well-being of your parent, grandparent, or other family member. If you suspect abuse is happening in their nursing home, we encourage you to take action now. Consider taking one or more of the following actions:
- Reporting your concerns directly to nursing home staff members
- Calling the Department of Public Health’s Nursing Home Hotline at 1-800-252-4343 or at 1-800-547-0466 for teletypewriter (TTY)
- Calling the Chicago Department of Family & Support Services at 312-744-4016
- Phoning the Illinois Department on Aging Help Line at 1-866-800-1409
- Filing a complaint online at the Illinois Department of Public Health website
After you’ve made a report to one of the agencies we listed above, we encourage you to take the next step of meeting with a nursing home abuse lawyer in Chicago.
Even if you don’t intend to take legal action, we strongly believe that each and every family in Chicago has the right to know what their options are. Without this knowledge, you can’t make a fully informed decision about how to move forward.
Understanding Nursing Home Liability
Speaking of understanding your legal options, if you opt to file a civil lawsuit, you and your legal team will need to establish that negligence occurred. There are several steps in the process, such as:
- Showing that the nursing home and its staff members owed a duty of care to your family member.
- Demonstrating that these individuals or entities violated that duty of care.
- Making a connection that due to the breach your loved one exerted an injury or illness.
- Proving that your family member suffered some type of economic or noneconomic damages from the incident.
Who You Can Hold Responsible for Mistreatment of the Elderly
In a personal injury lawsuit, several parties may be liable for the egregious actions against your loved one. They may include:
- Physicians, nurses, nursing assistants, or other health care providers who are responsible for the daily care of your family member.
- Maintenance workers, kitchen staff, and cleaning personnel could be held accountable if they participated in the abuse of a nursing home resident.
- Nursing home administrators are required to adhere to federal and state laws. When they fail to create and maintain a safe environment for residents, they may be named in a lawsuit.
- Other residents can be held accountable for their actions if they participated in activities that harm others.
Your legal team will need to consider liability in cases of potential abuse at a nursing home. Whether the person acted alone or the nursing home facility covered up the abuse, the facts of the case will determine which parties are accountable in these claims.
If you would like to learn more about taking possible legal actions, make sure to contact us at Thomas Law Offices for a free case review.
Compensation for Victims Who Have Been Hurt by Nursing Homes
If you decide to move forward with a legal claim, the goal of your actions will be twofold:
- To hold the at-fault party (or parties) liable for the harm they caused, and
- To recover compensation on behalf of your loved one
Compensation secured through a nursing home abuse lawsuit can be categorized as:
- Economic
- Noneconomic
- Punitive
Economic and noneconomic are compensatory damages that are used to make up for all the ways in which a victim’s life was affected. This may include:
- Medical bills
- Cost of moving to another facility
- Pain and suffering
- Development of new disability
- Worsening of existing medical condition
- Mental anguish
- Finances lost to exploitation
Much rarer are punitive damages, which are only ever awarded when a defendant’s actions were in particularly poor taste.
How Our Law Firm Helps Chicago Nursing Home Residents Affected by Abuse
Thomas Law Offices is a top-rated law firm serving the Chicago area. We have earned a reputation as being an uncompromising legal advocate for our clients. Since our clients always come first, you can expect your nursing home abuse lawyer to:
- Conduct an in-depth and comprehensive investigation of the claim, determining what abuse took place and who was responsible.
- Identify, collect, preserve, and analyze evidence that is needed to support the claim.
- Correctly value the worth of your loved one’s losses, including their medical bills, pain and suffering, mental anguish, and more.
- Guide you through the process of filing a nursing home abuse claim, providing uncompromising support throughout the entire process.
We take our role as attorneys seriously. As we investigate and collect evidence to prove nursing home abuse claims, we do so with as much compassion, sensitivity, and dedication as is needed.
Put an End to Abusive Treatment With Thomas Law Offices
We are a multi-state law firm with access to nationwide resources and a focus on helping at the local level. Our Chicago clients are important to us, and what they’re going through matters.
We are proud to have helped countless individuals and families seek justice for abuse and neglect that has occurred in Illinois nursing homes.
Below, you’ll find just a few examples of the successes our nursing home abuse attorneys have had:
- Wrongful death nursing home neglect and abuse verdict – $5 million
- Nursing home negligence verdict for wrongful discharge – $2.2 million
- Nursing home neglect and abuse (pressure wound) – confidential settlement
Meet With a Chicago Nursing Home Abuse Attorney for Free
Every nursing home resident in the state of Illinois deserves to live their final years with dignity, respect, and a sense of safety. Abuse, neglect, and exploitation in any form rob them of this right.
Whether your loved one was injured by medication errors or endured months of abuse, we’re here to help. If your loved one suffered mental harm, developed life-threatening injuries, or died because of the abusive and neglectful actions of a nursing home facility, you may have the right to pursue legal action on their behalf.
The legal team at Thomas Law Offices is prepared to provide you with unrivaled support and guidance throughout the entire process of holding a perpetrator of abuse, nursing home, and any other liable party responsible for their actions.
To speak with a Chicago nursing home abuse lawyer at no cost to you or your family, fill out our online intake form or call our office. We’ll schedule you for a free consultation at a time and date that works best for you.
Nursing Home Abuse Frequently Asked Questions
Does nursing home abuse always end in visible injuries? Can sexual abuse cases be handled outside of court? Are nursing home employees personally liable for abuse and neglect?
We know that you have dozens of questions, and you might be feeling like there’s nowhere to turn for answers. During this difficult period of your life, our Chicago nursing home abuse lawyers are here for you. Some answers to commonly posed questions about these cases include:
How Long Do I Have To Sue a Chicago Nursing Home?
Whether you’re considering suing for abuse or filing a nursing home negligence lawsuit, you only have a limited amount of time to do so. The statute of limitations (meaning the legal time limit) to file this type of lawsuit is only two years.
If a family member suffered abuse, don’t wait to meet with a law firm. The sooner you learn about your rights, the sooner you’ll be able to make a decision about how to hold the nursing home responsible.
What Is the Most Common Type of Nursing Home Abuse in Illinois?
Financial abuse and exploitation is the most commonly reported type of elder abuse reported to Illinois’ Adult Protective Services. This type of abuse exploits the financial resources of older individuals, robbing them of their right to a stable future.
However, it is important to note that nursing home abuse is drastically underreported. According to the NCOA resource shared above, only one out of every 24 instances of abuse is ever reported.
Financial exploitation is often more recognizable by others, which may be why it gets reported more than other types of harm. This means that while it is the most reported, it might not actually be the most common.
Are Residents Safe in Nursing Homes?
On Medicare’s Find and Compare website, of the 220 nursing homes located in and within 25 miles of Chicago, very few have a 5-star rating—the highest score a facility can earn. Far more facilities have just one star.
And unfortunately, a nursing home resident can be subjected to emotional, sexual, financial, or physical abuse in any facility, whether it’s rated as five stars or just one. Elder abuse does not discriminate. Your loved one isn’t immune to mistreatment just because their nursing home has been highly rated by Medicare.
How Much Do Nursing Home Abuse Lawyers Charge?
Securing the services of a knowledgeable and experienced attorney shouldn’t come down to your financial resources. That’s why the Chicago nursing home abuse lawyers at Thomas Law Offices believe so strongly in providing representation on a contingency fee basis.
This means that we don’t require any upfront payment from the clients that we work with. Instead, we operate on a “no win, no fee” basis. You only pay our legal fees as a small percentage of your overall award if we win your case for you.
As a law firm, this approach allows us to help people from all financial backgrounds and walks of life.
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