Orland Park Nursing Home Abuse Attorney
Michael J. Brennan Injury & Accident Lawyer protects seniors victimized by elder abuse in Orland Park and Cook County nursing homes. We demand justice and full recovery support for victims so they and their families can feel secure again. We offer a free case consultation to all victims and their loved ones. It’s a confidential, no-obligation opportunity to find out how to hold a nursing home fully liable for disgraceful and dangerous behavior. Contact us today to talk with a real lawyer about your best options.
Do I Need a Lawyer for My Orland Park Nursing Home Abuse Case?
If you or a loved one suffers from nursing home abuse, it’s wise to seek legal representation for your case. Nursing home abuse cases can be complex and securing the proper evidence needed to hold owners and operators accountable won’t be easy.
Nursing homes will be owned by major companies that can afford teams of lawyers. They’ll be looking for ways to cast doubt on your claims or get you to accept far less than the victim needs to fully recover. Your Orland Park Nursing Home Abuse Lawyer backs your case with powerful evidence, so nursing homes can’t cover up things like neglect and assault.
No amount of money can make up for what you and your family have been put through, but a strong case can earn justice for victims and make sure they secure what they need to recover physically, emotionally, and financially. A legal victory also helps victims find a safe place to live, protected from further abuse. It would hopefully protect other residents from suffering similar harm.
What Is Elder Abuse?
In general terms, elder abuse is the physical, mental, sexual, emotional, or financial abuse of a senior. For the residents of a nursing home, the culprits may be anyone in a position of trust such as nursing home owners and operators, doctors, nurses, and any staff members.
The abuser could be another resident. In these cases, the nursing home would still be responsible for the protection of the victim. It’s the staff’s legal and moral duty to safeguard residents from potentially harmful situations. Staff members must keep residents from having unsupervised access to other seniors.
There are federal laws regarding the protection of nursing home residents. State lawmakers also passed the Illinois Nursing Home Care Act in 1979 to further define nursing home abuse violations.
Illinois Statute 210 ILCS 45 clarifies what is considered nursing home abuse:
“Abuse” means any physical or mental injury or sexual assault inflicted on a resident other than by accidental means in a facility.”
The Illinois Nursing Home Care Act also establishes some basic rights for nursing home residents:
“…Residents shall have the right to be treated with courtesy and respect by employees or persons providing medical services or care and shall have their human and civil rights maintained in all aspects of medical care as defined in the State Operations Manual for Long-Term Care Facilities. In accordance with 42 CFR 483.10, residents shall have their basic human needs, including, but not limited to, water, food, medication, toileting, and personal hygiene, accommodated in a timely manner, as defined by the person and agreed upon by the interdisciplinary team…”
What Are the Types of Elder Abuse?
Physical and sexual abuse are the most common cases of nursing home abuse that make tragic headlines across our country. However, other forms of elder abuse occur every day in Illinois and across the United States.
These incidents can be intentional attacks or abuse, or they may be caused by negligence, and the inaction of doctors, nurses, and other caregivers.
These acts can include:
- PHYSICAL ABUSE – Patients enduring physical attacks from other residents or staff members. Punching, pinching, painful restraint, and slapping are all forms of physical abuse. The signs of physical abuse may show up as bruising, bone fractures, and rapid weight loss. Failure to administer proper dosages of medication or refusing medical care to patients can be considered physical abuse.
- SEXUAL ABUSE – A heartbreaking factor in many elder abuse cases. The signs may appear as bruising in private areas. Families may see evidence of vaginal or anal bleeding and find clothes that have been bloodied. Victims could also test positive for genital infections and venereal diseases.
- EMOTIONAL ABUSE – A very real trauma that can be harder to detect in victims. It often stems from controlling behavior from caregivers. Caregivers may make verbal threats and insult patients. Staff members may force traumatic isolation on patients. Victims can become withdrawn. They may develop physical signs of mental trauma such as rocking back and forth and self-harm.
- SELF-NEGLECT – When patients are unable to care for themselves or simply stop trying to care for themselves. Staff members must take over some of the basic self-care duties. Victims are often allowed to remain in unsafe or unsanitary conditions. Caregivers may fail to provide proper nutrition and/or medications. They may desert patients for long periods.
- FINANCIAL EXPLOITATION – Staff members and other residents at nursing homes can steal money or valuables from victims. Guilty parties may gain access to the patient’s financial accounts. Illegal credit card usage may show up on invoices. Bills may go unpaid and the money pocketed. Healthcare fraud can also leave patients and families incorrectly billed, sometimes leading to double billing.
Do I Have to Wait on the Results of a Criminal Trial to File a Civil Nursing Home Abuse Claim?
No. Any misdemeanor or felony charges involved in a nursing home abuse case will be resolved in criminal court. Your nursing home abuse injury claim will be a civil case and will be resolved separately.
The very serious crimes and violations mentioned above can lead to criminal charges for perpetrators and for nursing home owners and operators. But you don’t have to wait on the verdict in a criminal trial to seek compensation for nursing home violations.
You can file as soon as you and your lawyer are ready. You’ll be seeking fair support for the victim through a settlement with the insurance company representing the nursing home company. If an insurance company refuses to do the right thing and won’t agree to a fair settlement, your lawyer will be prepared to file a lawsuit and take them to civil court to secure support for your family. Filing as soon as possible will hopefully mean that you and your family receive the support you need sooner so victims can begin to rebuild their health and wellbeing.
Compensation Available for Nursing Home Abuse Victims and Their Families
Once your Michael J. Brennan Injury & Accident Lawyer is alerted to nursing home fraud, we take immediate action to make sure the abuse stops. Victims may need to be removed from their current residence entirely to make sure they are completely safe.
Our next step is to investigate the elder abuse and fully examine the staff members involved and the nursing home’s role in what happened. We collect all evidence available, including witness testimony, testimony from medical professionals, surveillance video, and anything else that proves what a patient has been subjected to.
Our Orland Park lawyers then file injury claims and work to seek full support for every hardship the patient and the patient’s family have been subjected to. These are just a few of the factors that determine the size of the nursing settlement check:
- Support to cover all medical expenses made necessary by elder abuse. This includes the cost of rehabilitation and physical therapy.
- Support for the physical pain victims may experience.
- Support for the emotional trauma victims endure. This can include treatment for severe anxiety and depression after being victimized.
- Loss of enjoyment of life. Victims may not be able to participate in hobbies they love and family activities, at least until an injury heals.
- Loss of quality of life due to an injury or loss of savings.
- Cost of moving to a new care facility.
- Reimbursement for stolen property and loss of funds.
- Punitive damages. Sometimes courts assign punitive damages to negligent nursing homes. Punitive damages are penalties meant to punish the business further to ensure it never engages in such reckless behavior again. Punitive damages are directed at the nursing home in violation, but victims get to keep the penalties paid.
Orland Park Nursing Home Abuse Frequently Asked Questions
Can my family receive support if a loved one dies from nursing home abuse?
Yes. Families should file wrongful death claims after losing a loved one to nursing home abuse. Support could be issued to help pay funeral costs and to cover leftover medical bills. Other hardships the family will face in the years ahead could also earn support.
How long do I have to file an Illinois nursing home abuse injury claim?
Two years. Illinois has a statute of limitations of two years on filing personal injury claims for nursing home abuse. You have two years from the time the abuse occurs.
What if I can’t afford to pay an Orland Park Nursing Home Abuse Lawyer?
You won’t need any money to hire a lawyer with MJB Law. We don’t accept payment unless we win your case for your family. If successful, our attorney fee comes out of the settlement award your family receives.
Contact an Orland Park Nursing Home Abuse Lawyer
Whether you are looking for an elderly abuse lawyer or a nursing home neglect lawyer in or near the Orland Park area, the Michael J. Brennan Injury and Accident Lawyer offices will handle your case with respect and dignity. We hold nursing homes fully responsible while providing as few disruptions to the lives of victims and their families as possible.
MJB Law provides a free case consultation to all families who have experienced the tragic loss of a loved one. This case review is confidential and there’s no obligation for you or your family. Contact an Orland Park Nursing Home Abuse Lawyer to find out how to protect your loved ones and hold a nursing home fully accountable for their suffering.
Michael J. Brennan Accident & Injury Lawyer – Orland Park Office
16521 S 106th Ct
Orland Park, IL 60467
P: (708) 809-2211