- Illinois Administrative Code: PUBLIC Health, Subchapter c. Long-Term Care Facilities
- The Nursing Home Reform Act of 1987 (Federal)
- The Illinois Survival Act
- Illinois Nursing Home Care Act
Illinois Nursing Home Abuse FAQ
What are some of the common forms of Nursing Home Abuse?
Nursing Home Abuse, unfortunately, takes many forms, some more common than others. The four most common forms of elder abuse are
- Financial abuse - When a nursing home is in charge of a resident's finances and uses that authority improperly for their own gain.
- Physical abuse - Physically restraining or striking a resident
- Neglect - Failing to provide care in accordance with state requirements to a resident, medically or otherwise.
- Emotional abuse - Insulting, threatening, or forcibly isolating a resident.
How long do I have to file a lawsuit for Nursing Home Abuse in Illinois?
The length of time to file a lawsuit, also called the Statute of Limitations, is different depending on extenuating circumstances. In the case of a claim for Nursing Home Abuse ending in an injury, this period is equal to two years from the time of the injury, or of the earliest time that it could have within reason been discovered with due diligence.
Nursing Home Abuse involving financial exploitation has a different statute of limitations, and has a Statute of Limitations of seven years as of legislation passed in 2016.
How can I report Nursing Home Abuse in Illinois?
If you or a love have been abused, or that you suspect a loved one has been abused in a Nursing Home, you should contact law enforcement to investigate. If your situation is an emergency and you believe that there is immediate danger, you should call 911.
If you are concerned however don’t feel that there is an immediate emergency, you can report a Nursing Home that you suspect has been abusing its residents to the Illinois Department of Aging at 1-800-252-8966. You can contact the Illinois Department of Health as well through their website, or through the phone at 800-252-4343.
What are some of the signs of potential Nursing Home Abuse?
Sometimes it can be difficult to tell if a loved one in a Nursing Home is being treated properly. However, there are certain signs that can be a clear warning that they are being neglected or openly abused.
- Unchanged, dirty bed sheets.
- Unwashed or damaged clothing.
- Spoiled or improperly prepared food.
- Physical injuries, like bruises, scratches, broken bones, or bleeding.
- Anxiety or depression that might not have existed before
- Crying or unusually upset.
- Missing possessions
What rights does someone have in a Nursing Home in Illinois?
Beyond the rights that all citizens have, residents in a Nursing Home are entitled to certain rights based on Illinois Law.
There are many more, but some of the rights granted by the Nursing Home Care Act include:
- Receiving proper medical care that helps promote both their physical and mental health
- To review and receive copies of their own medical records.
- To choose their own doctor, and to be informed of their medical condition and treatment
- To manage their own finances
- To be free of physical restraints, and to choose to agree if needed for medical reasons
- To be free from neglect or abuse
- To respect of their privacy when receiving care
What are the requirements for a proper Nursing Home in Illinois?
At a bare minimum level, under the Illinois Nursing Home Care Act, a Nursing Home is required to meet certain standards. A Nursing Home is expected to provide residents with the right diet for that resident's needs, and to offer adequate facilities, including heating, plumbing, and lighting. A Nursing Home is also expected to maintain appropriately sanitary conditions, and must have the right qualifications and equipment to provide the care that their residents require.
If a loved one is unable to make a claim against a Nursing Home themselves in Illinois, who can help them?
While the resident themselves is obviously one of the main individuals eligible for making a claim against a nursing home for abuse or neglect, sometimes they are unable to do so. In these situations where they are unable to make a claim themselves, their legal guardian may also be eligible to make a claim on their behalf. If you are unsure if this applies to your case, it can be a good idea to seek a consultation with a qualified Nursing Home Abuse Lawyer.
What can you be compensated for in a Nursing Home Abuse Lawsuit in Illinois?
If you or a loved one has been abused in a Nursing Home in Illinois, you may be entitled to compensation. Some of the potential damages that could be covered in a Nursing Home Abuse Lawsuit include:
- Your medical expenses and other care costs stemming from the abuse
- The Nursing Home expenses at the time of the abuse
- Future medical expenses related to your injuries resulting from the abuse
- Compensation for your pain and suffering
- Relocation expenses, if you are forced to move to another home