Chicago Nursing Home Abuse Lawyers
At Dwyer & Coogan, P.C., our Chicago nursing home abuse lawyers are dedicated to helping victims of nursing home abuse and their families obtain justice in response to neglect that has caused them harm. We have successfully helped many clients and their families across the state of Illinois. Learn more about this practice area below, and contact us today to schedule a consultation.
When a loved one is abused or neglected in a nursing home, resulting in illness, injury or death, it can be beyond devastating. Alarmingly, a recent audit from the federal government found that a significant amount of suspected abuse—including sexual abuse—occurs in nursing homes, and many are failing to report it.
Some of the most common signs of nursing home injuries that could be due to negligence or abuse include:
- Clogged breathing tubes
- Financial abuse / exploitation
- Head injuries or injuries due to falls or fractures
- Bruises, cuts, welts, and wounds that have no reasonable explanation
- Injuries solely due to being bed-bound
- Medication errors
- Severe infections
- Sexual harassment or abuse
- Unexplainable (wrongful) death
- Unreasonable use of restraints
- Verbal abuse
Injuries and illnesses can occur if caretakers are not fulfilling their duties to the residents. The reality is that some abuse and neglect is due to understaffing and nurses that have to cover too many residents. However, other injuries can be the product of intentional neglect. If you suspect abuse, a nursing home abuse attorney can help you find justice.
Nursing home facilities and staffers can be held legally responsible for tort claims such as negligence and/or assault and battery. Nursing home residents’ rights are specifically guaranteed by law—The Illinois Nursing Care Act. This includes the right to individual dignity and self-determination. In addition, any and all nursing homes that participate in Medicaid or Medicare must also meet federal residents’ rights requirements under the Federal Nursing Home Reform Act.
The Residents’ rights under the Illinois Nursing Care act include but are not limited to:
- Free speech and religion
- The right to reside in the same room as your spouse (with some exemptions)
- The right to mail, phone, and visitation
- Freedom from working for the facility
- Freedom from abuse and neglect
- The right to privacy
- The right to an electronic monitoring device
- The right to refuse an identification wristlet
- The right to be free of physical restraints
- A number of financial rights
- Personal property rights
- Medical rights
- Mental health rights
In addition to the above, residents hold the right to make certain complaints and receive specific assistance from the Office of the Long Term Care Ombudsman. They also have the right to file complaints with the facility administrator, the residents’ advisory council, and related rights. In Chicago, the agency responsible for nursing home residents is the Illinois Department of Public Health.
Our Chicago Nursing Home Lawyers Can Help
No one should be a victim of nursing home abuse or neglect. If you are concerned about your own treatment or that of a loved one in a nursing home, contact our experienced Chicago nursing home abuse lawyers today.