When entrusting a nursing home with custody of an elderly relative, families expect the facility to provide reasonable accommodations and care. Nursing homes are prohibited by law from taking actions that are considered abuse or neglect.
If you believe that you have seen signs of nursing home abuse, it is crucial to report the misconduct to state authorities as soon as possible. You should speak to a Joliet nursing home abuse lawyer to discuss your available legal options. Call our experienced personal injury attorney with Michael J. Brennan Injury & Accident Lawyer today.
Nursing Home Abuse Can Take Many Different Forms
Nursing home abuse is not limited to a physical attack on the patient. A wide range of misconduct and negligent actions fall under the category of nursing home abuse. Some common examples of nursing home abuse include the following:
- Physical abuse, such as hitting or striking a patient and other forms of assault
- Mental or emotional abuse, like verbal attacks that cause mental anguish or emotional distress for the patient
- Sexual abuse
- Neglect or abandonment, such as failing to monitor a patient or provide basic life necessities adequately
- Financial abuse or exploitation and theft
A Joliet attorney could help identify signs of nursing home abuse, such as:
- Changes in mood or personality
- Physical signs, such as bedsores, bruises or abrasions
- Signs of dehydration or malnutrition
- Inexplicable financial transactions or missing money
- Indications that the nursing home resident was put in restraints
Call MJB Law Offices today for more information on how to start a claim.
State Laws Protecting Nursing Home Residents
Within the state, nursing home residents are protected by measures such as the Illinois Nursing Home Care Act, 210 Ill. Comp. Stat. § 45, and the Illinois Elder Abuse and Neglect Act, 320 Ill. Comp. Stat. § 20/1.
The Nursing Home Care Act states that nursing home residents have certain rights, including the following:
- Any rights, benefits, or privileges guaranteed by law
- The right to manage their financial affairs
- The right to retain their personal property
- The right to choose their own physician or medical care provider
- The right to respect and privacy in their medical and personal care
- The right to be free from physical restraints
- Shall not receive unnecessary drug treatments
Additionally, the Elder Abuse and Neglect Act prohibits all forms of abuse, abandonment or neglect for elderly residents by nursing homes. The statute authorizes the Department on Aging of the State of Illinois to manage a protective services program for nursing home residents.
In addition to seeking compensation, a nursing home abuse attorney in Joliet could also advise clients when alerting relevant legal authorities about the abuse. Abandonment, abuse, or neglect of an elderly person or nursing home patient is also a felony criminal offense, according to 720 Ill. Comp. Stat. § 5/12-4.4a.
Available Legal Action For Nursing Home Abuse
A Joliet lawyer could help survivors of nursing home abuse recover a variety of damages as compensation for their harm and suffering. To bring a personal injury lawsuit for negligence, the plaintiff must show that the defendant breached a duty of reasonable care.
As state laws outline, nursing homes must refrain from abuse or neglect when caring for patients. When a nursing home’s abuse or neglect directly leads to injuries and suffering, a court can find the facility liable for negligence.
The plaintiff must also have suffered damages, which can include both economic and noneconomic harm. Economic harm includes measurable financial costs such as medical bills, while noneconomic harm can include damages for pain and suffering or emotional distress.
However, timing is of the essence when filing a personal injury claim. Individuals must bring personal injury lawsuits for negligence within two years of the incident causing harm.
Speak With a Joliet Attorney About Nursing Home Abuse
Abuse or neglect of elderly nursing home patients is a serious offense. You should contact a Joliet nursing home abuse lawyer as soon as possible if you suspect foul play.
Our experienced attorneys could help you navigate the legal process and recover compensation for the nursing home resident’s pain and suffering.
