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A community integrated living arrangement (CILA) can help adults with developmental disabilities or other needs develop independent living skills. However, these group homes can also become hotbeds for assisted living abuse and neglect. A Chicago CILA abuse lawyer from Rosenfeld Injury Lawyers will seek justice for you and your family members, ensuring that negligent medical professionals and staff are held accountable. Contact us today for a free consultation about your rights.
$1,700,000: Lincoln Park nursing home resident Marshal fell because staff refused to help him transfer from his wheelchair. He suffered a subdural hematoma and fractured hip.
$1,500,000: Tanya was physically attacked by fellow residents, but the Gold Coast assisted living facility did nothing to protect her. She suffered several broken bones that required emergency treatment.
Our Chicago nursing home abuse law firm is a member of the American Association for Justice and the Illinois Trial Lawyers Association, representing our commitment to high-quality legal representation. More than that, our attorneys are regular contributing authors to the National Law Review, where we help other attorneys learn more about care home abuse. Over the past 25 years, we have secured over $450 million for clients nationwide.
A Chicago CILA abuse lawyer from our firm is equipped to handle all personal injury cases resulting from Community Integrated Living Arrangement facilities. This abuse may come from staff, doctors, case managers, or other residents. Common cases we handle include the following.
Physical abuse in CILA facilities can include hitting, punching, kicking, restraining, or slapping victims, who may not be able to fight back.
Emotional abuse of people with developmental disabilities or other disabilities may involve yelling at the resident, implying they are a burden, dismissing their needs, or ridiculing them in front of other residents.
Individuals with intellectual or developmental disabilities are seven times more likely to experience sexual assault or abuse than the general population. This can include inappropriate touching and fondling, sexual exploitation, or violent rape.
A Community Integrated Living Arrangement is meant to provide residents with the support they need to thrive. However, some CILA facilities will refuse to provide personal hygiene support, adequate nutrition, or social interaction.
CILA residents are particularly vulnerable to financial exploitation, as they may not be in control of their money or government benefits. This can include stealing cash, draining bank accounts, misappropriating Social Security funds, or making fraudulent Medicaid claims.
Common causes of CILA abuse include:
Common injuries in group home abuse cases include:
Our Chicago CILA abuse lawyers will fight for full and fair compensation. This can include:
The court case Lebron v. Gottlieb Memorial Hospital removed caps on non-economic damages like emotional distress, meaning a jury can award whatever they feel is appropriate.
The average payout is $711,800. Payouts range between $125,000 and $1,898,000. Factors that influence your payout include the severity of injuries, clarity of liability, and available evidence.
Marian Harris was a resident of a care facility in Elmhurst who had a tracheostomy tube. On the morning of the incident, her tube had become obstructed, which was not identified until after 3 pm. Harris suffocated and could not be revived at the emergency room. The circuit court awarded her family $500,000.00.
Kenneth Otto Balej was living in a facility in Cicero. He required a catheter due to obstructive uropathy and was partially paralyzed from a stroke. The nurses never changed his catheter, resulting in fatal sepsis. After his death, it was found that the facility had altered medical records to make it appear as if he were receiving daily checks, even on days when he wasn’t at the facility. The facility settled with the family for $850,000.00.
Successfully litigating these cases requires thoroughly reviewing electronic medical records, examining facility violations with the Illinois Department of Human Services, and consulting with experts who can confirm that the victim’s injuries are consistent with abuse.
Facilities and their insurers will aggressively fight to avoid paying, making it essential to work with a Chicago CILA abuse lawyer who can effectively counter their claims. We fight for the rights of you and your disabled family members, ensuring they are treated fairly by the court system while advocating for their best interests.
A 2020 report by the Illinois Department of Human Services found a rate of 15.57 allegations per 100 people served across all 228 providers in the state from 2019 to 2020. Of the 1,511 allegations, 135 were substantiated.
Unfortunately, any statistics may be underrepresentations of the true scale of abuse. A 2024 report by the Office of the Auditor General found that 36% of the studied facilities did not submit a self-report to the Illinois Department of Human Services despite mandatory reporting requirements.
The Illinois Department of Human Services-Division of Developmental Disabilities (IDHS-DDD) released a report on Heightened Scrutiny Locations in the Community Integrated Living Arrangement system, including many in Chicago. These locations include:
The CILA Act (210 ILCS 135/) requires facilities that serve individuals with developmental disabilities to be registered and licensed by the state and to submit annual reports on any allegations of mistreatment.
Any facility must allow regular inspections from the state to determine the welfare of those under its care. Those with an inordinate number of allegations must have their license reviewed, at which time it may be terminated.
Facilities are also required to keep patient records confidential as per the Mental Health and Developmental Disabilities Confidentiality Act (740 ILCS 110/). However, they may disclose patient concerns to guardians, attorneys, and law enforcement officials who may investigate abuse.
Like any organization, CILA facilities must adhere to the Illinois Human Rights Act (775 ILCS 5/), which entitles all individuals to freedom from financial, emotional, sexual, or physical abuse. Failing to adhere to these statutes can lead to fines, licensing revocations, and lawsuits in state and federal courts.
In Chicago specifically, facilities must adhere to the applicable building code (14B-4-420), including adequate living space, hygienic shared facilities, and accessibility adjustments to ensure the safety of everyone present.
If a CILA resident was abused or mistreated by a medical professional, medical malpractice cases are regulated by the Healing Arts Malpractice Act (735 ILCS 5/2-1701). These will require an affidavit by another health professional who can attest to the abuse (735 ILCS 5/2-622).
In general, victims and their families have two years to file a personal injury lawsuit (735 ILCS 5/13-202). Wrongful death also has a two-year statute of limitations (740 ILCS 180/). There may be extended timelines for disabled individuals or those who did not immediately identify the abuse.
Potentially liable parties can include:
CILA facilities and their insurers will fight to avoid accountability, but we’ll hold them accountable. Common defenses include the following.
No Proximate Cause: The proximate cause defense argues that while abuse may have occurred, it was not the facility’s responsibility. However, we will demonstrate that under the CILA Act, they are required to identify and report abuse.
Contributory Fault: Because Illinois law works on contributory fault (735 ILCS 5/2-1107.1), the facility may insist that the victim contributed to the abuse themselves, such as by misbehaving or antagonizing staff. Surveillance footage, witness statements, and personal testimony can refute this claim.
Minimum Statutory Compliance: The facility could claim that, because it complied with minimum state and federal guidelines, it has provided a sufficient standard of care. Expert witnesses can demonstrate that minimum compliance is not enough to meet the needs of vulnerable adults.
You must act quickly to preserve your loved one’s well-being and ensure a strong case. Follow these steps as soon as possible.
As members of the Illinois Trial Lawyers Association and Illinois State Bar Association, we are highly experienced in negotiating and litigation surrounding elder abuse and abuse of vulnerable adults. To begin, we will carefully investigate the allegations and gather evidence such as medical reports, facility inspections, witness statements, facility surveillance footage, and photos of the injuries.
We have a strong network of experts in the needs of disabled adults who can explain the long-term ramifications of abuse on a person’s overall health, emotional state, and future care needs. Not only will this help to prove liability, but it will also help to evaluate damages and the life care plan.
Though insurers will work hard to diminish their liability, we can refute their claims with strong evidence and rely on previous case law to demonstrate how they have failed their clients. We aggressively push for maximum compensation during settlements, as this helps protect disabled individuals from the stress of trial.
While many cases settle out of court, we also have a proven track record of success in lawsuits. We will guide you and your family through the legal process, including sharing your story with a judge and jury.
Warning signs of CILA abuse or neglect include:
Abuse refers to physical harm, like hitting or striking residents. Neglect refers to the denial of necessary care, including insufficient support for activities of daily living like grooming and personal hygiene. It can also mean failure to provide medical care.
Yes, CILA facilities can be held accountable for verbal abuse, as it is a form of emotional abuse.
CILA facilities are regulated by the Illinois Department of Human Services, specifically the Bureau of Accreditation, Licensure and Certification (BALC).
You should call the Illinois Department of Human Services, Office of Inspector General, at 1 (800) 368-1463. Do not report by email.
Individual victims and their family members can file abuse claims against a facility.
In Illinois, the surviving next of kin can file a claim. This could include parents, spouses, adult children, or personal injury attorneys.
Evidence that can support your claim includes medical reports, photos and videos of injuries, witness statements, expert testimony, facility records, previous violation reports, and surveillance footage from the facility.
Even if your loved one does not have a contract with the facility, all the statutory rights in the CILA Act and the Human Rights Act still apply.
The process starts with a thorough investigation and filing a complaint with the applicable court system. We then share information with the other parties involved, a process called discovery. During that time, we negotiate with the defense counsel to resolve the case outside of court. If these negotiations fail, we will attend motion hearings and represent you in front of a jury.
No, many cases are settled out of court. However, we prepare every case as if it will go to trial, giving you a better chance of a settlement.
We work on a contingency fee basis: no legal fees unless we win.
Disabled individuals require additional support to gain independent living skills and fulfilling lives, but many are instead mistreated at the hands of those who are meant to care for them. Our Super Lawyers firm defends the rights of these individuals to live with dignity and respect through settlement negotiations and trial representation.
We work on a contingency fee basis, meaning you owe us nothing unless we secure a settlement. To schedule your free case review with a Chicago personal injury attorney, call us at (888) 424-5757 or use our online contact form.
All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.