Chicago Nursing Home Abuse and Neglect Lawyers

Compassionate Chicago Injury Attorneys Fight to Protect Clients and Families After Nursing Home Abuse or Neglect

Illinois’ population includes a large segment of elderly adults. Every year, many of these elders require nursing home care. Yet the number of nursing homes isn’t increasing at the same rate to meet needs. Consequently, nursing homes are often understaffed, and budgets are tight.

In these strained circumstances, cases of nursing home abuse and neglect can occur. Staff may be improperly supervised or trained. There may not be enough staff to meet all the residents’ needs. Poor pay and pressure to take shortcuts in elder care can also lead to abuse or neglect.

Serious injuries and illnesses due to nursing home abuse and neglect have increased in recent years. When harm occurs, it’s important to speak to an experienced attorney to learn more about your loved one’s and family’s rights. 

Illinois Nursing Home Abuse Statistics

As many as five million elderly US residents experience abuse or neglect in nursing home care every year, according to the National Council on Aging (NCOA). Common types of abuse and neglect include:

• Physical abuse. Physical abuse occurs when someone hits, shoves, or otherwise physically harms a nursing home resident. A survey of 452 family members of nursing home residents found that 24.3 percent reported one or more incidents of physical abuse in the nursing home. Between 2002 and 2016, over 600,000 elderly US residents received emergency room care for physical assault injuries. 
• Emotional abuse. Emotional abuse might include staff or other residents making threats, harassing, intimidating, or socially isolating an elderly person. In a survey of nursing home nurses and aides, 81 percent of staff said they’d seen emotional elder abuse occur in a nursing home. Another 40 percent had committed emotional abuse of an elder in the past year. Seventy percent said they’d seen a co-worker yell at a resident, and 50 percent said they’d heard a co-worker insult a resident. 
• Neglect. Neglect includes any situation in which a nursing home resident doesn’t get the care they need. A WHO study found that 12 percent of nursing home staff admitted to neglecting at least one resident. About 12 percent of residents also said they’d experienced neglect. 

Other types of abuse, like financial and sexual abuse, also occur in nursing homes. In one WHO study, over 66 percent of nursing home staff members said they’d committed some kind of abuse or neglect. 

The costs of abuse and neglect are high. Among nursing home residents who suffer abuse or neglect:

• Residents are three times more likely to be hospitalized,
• Residents are three times more likely to die, and
• The annual cost of financial abuse alone is at least $36.5 billion. The costs of added medical care and other needs for abused or neglected nursing home residents are even higher. 

Anyone in nursing home care might experience abuse or neglect. Certain risk factors, like dementia, depression, social isolation, and physical impairments, can make abuse or neglect more likely to occur.

Signs of Abuse or Neglect in a Nursing Home

Nursing home abuse and neglect often leave evidence. Here’s what to look for when you visit your loved one. 

Injuries and Illnesses

Abuse and neglect can leave physical marks in the form of injury or illness. Look for:

• Unexplained bruises, burns, scars, or other injuries,
• Bed sores or other preventable medical conditions, like dehydration or malnutrition,
• Changes that might be linked to a loved one missing medication doses,
• Falls, especially repeated falls. Falls are more common when staff neglect the steps required to prevent them. 

Any other injury or illness that seems out of place or cannot adequately be explained by your loved one’s age or preexisting medical needs should also be examined closely. 

Behavior and Communication

A person experiencing abuse or neglect might not be able to communicate what’s happening. They may feel ashamed or confused. They may struggle to find words for what’s happening. Or medical conditions may prevent them from communicating clearly. 

Yet behavior can communicate something is wrong even when words don’t. Look for changes in your loved one’s behavior and communication, like:

• Appearing depressed, confused, or withdrawn,
• Being isolated from others or choosing to stay away from others,
• Acting fearful, acting out, or “shutting down,” especially in the presence of staff,
• Behaving in an agitated way, as if they’re trying to get your attention or cannot “settle down.” 

Chances are that you know your loved one well. Let any changes in behavior prompt you to look further for their source. 

Situation and Surroundings

Clues in the nursing home can also help you determine if abuse or neglect occurred. Common signs that abuse or neglect may be more likely include:

• Soiled, unchanged bedding or clothing. Both smells and visible dirt indicate that a needed change may have been neglected. 
• Empty personal needs, like an empty tissue box, drinking glass, IV bags, or another item that should be close at hand for your loved one. 
• Trash that has not been removed from the room. 
• Missed or delayed meal times or medication times. 
• At meal times, staff don’t come to find your loved one if they do not appear in the dining room for the meal. 

Visiting during meal and medication times can help you understand your loved one’s routine, so you can spot any changes that occur. 

What to Look for in a Nursing Home

When you’re looking for nursing home care, you need a place that can meet your loved one’s needs. The National Institutes of Health recommends keeping the following tips in mind when looking for a nursing home:

• Consider what your loved one needs and wants. Does your elderly family member need assistance with dressing or bathing? Do they require memory care for dementia or Alzheimer’s? Use the list of essentials and wants to narrow down your options.
• Talk to those you know. Friends, family, and co-workers can provide perspective on nursing homes their loved ones have lived in. Healthcare providers, social workers, and religious groups may also be able to recommend nursing care. 
• Ask questions during nursing home conversations or visits. When you contact a nursing home, ask about its staff-to-resident ratio, how long its department heads have worked there, what activities residents can participate in, and similar questions. 

Once you have a list of potential nursing homes, contact each one. Ask how many residents they have and how much it costs. Ask whether they can meet your loved one’s particular needs, and ask for examples of how they meet these needs for residents. 

It’s also wise to visit the places on your list. When you visit, look for evidence of:

• Medicare and Medicaid certification
• State licensing
• Accessibility, especially for those who use mobility aids like rollators or wheelchairs
• Residents’ comfort and behavior. Do they seem appropriately dressed and cared for? Are residents out in the common areas or hiding in their rooms? 
• Interactions between staff and residents. Do they speak kindly and respectfully to one another? Do they seem to get along?
• The facility surroundings. Do they look and smell clean? Are they comfortable and well-maintained, without tripping hazards, poor lighting, or other risks? 

Families that take great care to choose a good nursing home are often shocked when abuse or neglect occurs there. Yet elder abuse and neglect can occur in any nursing home setting. No matter how confident you are in your nursing home choice, visit whenever you can, communicate regularly with your loved one, and notice changes and challenges in the environment. 

What to Do If You Suspect Elder Abuse or Neglect in a Nursing Home 

If you suspect that a loved one is suffering abuse or neglect in a nursing home, these steps can help you protect your loved one and their legal rights.

Bring up your concerns to staff and document them. Tell staff at the nursing home what your loved one needs. Each time you talk to staff, write down the date, time, who you spoke to, and what you said. Also, note whether conditions changed after you mentioned them to staff. 

Report or inquire about elder abuse. Both Chicago and the state of Illinois offer hotlines to report suspected elder abuse or to ask questions:

• Chicago Department of Family & Support Services: 312.744.4016
• Office of Domestic Violence: 1.877.863.6338 (TTY: 1.877.863.6339)
• Illinois Department of Aging Help Line: 1.866.800.1409

Calls to these hotlines are confidential. Callers may choose to remain anonymous. If you do call, write down the date, time, and what was said. This record can help your attorney build a case to protect your loved one. 

Speak to an attorney. An experienced nursing home abuse and neglect lawyer can help you protect your loved one and fight for the compensation they deserve. 

Talk to an Experienced Chicago Nursing Home Abuse and Neglect Attorney Today

The decision to put a loved one in a nursing home is a tough one. Many families work hard to choose a nursing home, and they trust the home will meet their loved one’s needs. When the nursing home betrays that trust through abuse or neglect, both the elderly person and their family may suffer. 

If you suspect abuse or neglect of a family member in nursing home care, don’t wait. Call the experienced Chicago elder abuse and neglect lawyers at Briskman, Briskman & Greenberg today. We’ll help you protect your loved one and fight for their rights.