The decision to place a loved one in a nursing home is never easy, but the Virginia nursing home abuse lawyer at the Noll Law Office understands that it might be the only option that you have. Fortunately, many nursing homes and long-term care facilities in Cass County and throughout Illinois do a good job at protecting our loved ones from foreseeable harm, abuse, and neglect. Sadly, statistics tell us that this is not always true. According to the World Health Organization (WHO), approximately 2 out of 3 nursing home staff members report committing some form of abuse in the past year. The National Council on Aging (NCOA) reports that approximately 1 in 10 Americans aged 60 and older have experienced some form of elder abuse in the last year, with some studies suggesting that only 1 in 24 cases are actually reported. In Illinois alone, the Illinois Department of Public Health and Department on Aging documents over 20,000 reports of elder abuse each year, with nursing home residents being particularly vulnerable and making up a large part of that figure.
Here at the Noll Law Office, their skilled legal team handles all types of serious and catastrophic nursing home abuse, neglect, or negligence cases throughout Cass County and Illinois. Unlike other personal injury law firms, they have developed a particular niche in handling nursing home cases by representing victims and their families under the Illinois Nursing Home Care Act. If you suspect that you or a loved one were victims of nursing home abuse, neglect, or negligence in Cass County or Illinois, schedule a free consultation with one of their Virginia nursing home abuse lawyers to learn more about your rights by dialing (217) 414-8889.
Illinois Nursing Home Care Act: Legal Protection for Residents
The Illinois Nursing Home Care Act under 210 ILCS 45 provides comprehensive legal protection for nursing home residents. This landmark legislation establishes the rights of nursing home residents and sets standards for care that facilities must maintain or face stiff legal consequences. The Act guarantees residents the right to be free from abuse and neglect, manage personal finances, engage in private and uncensored communication, access all medical records, choose their healthcare providers, and be free from unnecessary physical or chemical restraints.
Where a nursing home or long-term care facility fails to allow those basic protections to residents, the defendant could be liable to residents and their families for damages. The Act allows for residents who are successful in proving their case to also recover compensation for their attorney fees and litigation expenses, further placing a greater incentive on facilities to properly care for residents – or to quickly settle if they failed to do so.
Common Types of Nursing Home Abuse and Neglect in Illinois
There are many different forms of abuse. Most forms of abuse will also include emotional or psychological harm, and may start as financial exploitation and expand from there. However, the most egregious types of abuse that the Noll Law Office focuses on include the following:
Physical Abuse and Direct Harm
Physical abuse in nursing homes manifests in various harmful actions and direct harm, including hitting, slapping, pushing residents, inappropriate use of physical restraints, force-feeding, and rough handling during routine care. These actions can lead to immediate injury and long-term trauma for vulnerable residents, including wrongful death. Some egregious forms of physical abuse can include the following:
- Biting
- Cutting
- Bruising with pinching
- Burning with fire or smoking devices (vapes), cigarettes, cigars, or the like
- Hitting with belts or hard objects
- Tripping and pushing down, including down stairs as an “accident”
- Burning in hot water, such as placing into a hot tub
- Pulling hair or skin, and
- Other types of direct harm that could constitute an assault/battery.
Sexual Abuse Such as Inappropriate Touching, Sexual Assault, or Rape
Sexual abuse is always disturbing, especially when it occurs in nursing homes to vulnerable residents who may be unable to report the abuse – either because they are non-verbal or because they are unconscious. This can include unwanted touching or fondling, sexual assault or rape, forced nudity, taking explicit photographs without consent, and sexual harassment. These heinous acts often go unreported due to victims’ shame, fear, or inability to communicate, and can be used as leverage against residents for financial exploitation.
Neglect of a Resident, Either Recklessly or Intentionally
Neglect frequently represents the most common form of nursing home abuse. Residents may suffer from inadequate nutrition or hydration, lack of assistance with personal hygiene, insufficient medical care, improper medication management, untreated bedsores, and unsafe or unsanitary living conditions. Such neglect can lead to severe health complications and diminished quality of life due to unintentional and reckless reasons. Understaffing often serves as a common and large part of that neglect too.
However, neglect could also be intentional. This includes when a provider is intentionally punishing a resident. That could be because the provider does not like the resident, or it could be because the provider does not want to do something such as changing a diaper or showering a resident. Whatever the reason may be, neglect of a resident is unlawful and could result in serious personal injuries or the wrongful death of an innocent resident.
Warning Signs of Nursing Home Abuse
Residents and their family members need to be aware of the warning signs of nursing home abuse in order to know when to contact a Virginia nursing home abuse lawyer. Physical signs of abuse often include unexplained bruises, cuts, welts, broken bones, sprains, bedsores, signs of restraint on wrists or ankles, sudden weight loss, dehydration, poor personal hygiene, and untreated medical conditions.
There could be more subtle signs of abuse too. Behavioral changes can also signal abuse or neglect, such as when victims withdraw from social activities, exhibit depression or anxiety, display sudden changes in behavior or personality, show fear around certain staff members, become reluctant to speak when staff is present, or demonstrate unusual agitation or aggression. These psychological symptoms often indicate underlying abuse or trauma.
Compensation Available for Nursing Home Abuse Victims
Victims of nursing home abuse and their families may be entitled to recover various forms of compensation through legal action under Illinois law. Economic damages can cover medical expenses (both past and future), the cost of transferring to a different facility, therapy and rehabilitation expenses, additional medical equipment, and reimbursement for stolen money or property.
Non-economic damages address the intangible impacts of abuse, including pain and suffering, emotional distress, loss of enjoyment of life, mental anguish, loss of dignity, and loss of companionship. In cases of extreme negligence or intentional misconduct, courts may also award punitive damages to punish the facility and deter similar behavior in the future – but this only occurs in rare and exceptional cases.
In addition, victims may also be entitled to recover compensation for legal fees and the costs of litigation under the Illinois Nursing Home Care Act. Thus, protecting your rights by hiring an experienced Virginia nursing home abuse lawyer is affordable to everyone – especially because the Noll Law Office takes cases on a contingency fee basis, meaning there are no costs or legal bills until a recovery is made for a victim.
Victim of Nursing Home Abuse or Neglect in Cass County? Call the Virginia Nursing Home Abuse Lawyer at the Noll Law Office
If you or a loved one were the victim of nursing home abuse, neglect, or negligence, or if a loved one was wrongfully killed or died unexpectedly at a nursing home or long-term care facility, call Sarah Noll or Dan Noll at the Noll Law Office. As experienced Virginia nursing home abuse lawyers, they offer dedicated representation to victims and their families who have been seriously injured due to the wrongful conduct of a nursing home or long-term care facility in Illinois. Unlike other personal injury law firms, their fifth-generation lawyers represent victims right here in Illinois – and not in Chicago or other parts of the state where cases are referred to brand new lawyers just out of law school.
To learn more about your rights to compensation under Illinois law, schedule your free case evaluation with the Noll Law Office by dialing (217) 414-8889 or by emailing them today. Their Virginia nursing home abuse lawyers are happy to speak with you and your family about your options.