Nursing Home Abuse

Experienced Legal Counsel for Victims of Abuse & Neglect in Chicago Nursing Facilities

Chicago nursing home abuse lawyer support can make all the difference when your loved one has been harmed in a care facility. At Rosenfeld Injury Law, we understand how devastating these situations can be—and we’re here to help you pursue justice.

With over $450 million recovered in nursing home abuse settlements and verdicts, our experienced Chicago-based team is committed to holding negligent facilities accountable. We’ll guide you through every step of the legal process, so you and your family can focus on healing while we fight for the compensation you deserve. Contact us today to book a free consultation!

Settlements Recovered by Our Nursing Home Abuse Attorneys

• $3,000,000 wrongful death settlement on behalf of a Chicago-area woman whose husband passed away from pressure sores.
• $2,333,000 settlement for two Chicago women who were sexually assaulted by a CNA.
• $2,150,000 wrongful death settlement recovered by our Chicago nursing home bed sore lawyers for a family whose loved one developed pressure ulcers and sepsis.
• $1,700,000 for a resident who suffered a subdural hematoma and hip fracture from a fall.
• $1,500,000 settlement for the family of a dementia nursing home patient in Chicago who ingested poison after finding chemicals in an unlocked closet.
• $1,500,000 lawsuit against a Chicago group home after physical abuse by other residents.
• $1,250,000 choking-related wrongful death claim settled before going to court.

Why Choose Rosenfeld Injury Law for Your Case in Chicago

If you’re seeking proven legal representation for Chicago nursing home abuse or wrongful death, Rosenfeld Injury Law is here to help. Here’s what sets us apart:

• Our legal team has decades of combined experience, giving us the knowledge to handle complex nursing home abuse cases.
• We work on a contingency fee basis, meaning we only get paid if we recover compensation for you.
• We treat every client with the respect and compassion they deserve.

Types of Abuse in Chicago Nursing Home Facilities

Nursing home abuse refers to any intentional or negligent act by caregivers that causes harm or distress to elderly residents in their care.

Some of the worst nursing homes in Chicago and Cook County, including large chains such as Alden, Aperion, Bria, Generations, Heartland, Heritage, ManorCare, and The Grove, have faced scrutiny over reported cases of nursing home abuse and neglect.

Below is an overview of the main types of nursing home abuse.

Physical Abuse

Physical abuse involves the intentional infliction of harm. Examples include unexplained bruises and cuts, broken bones, and injuries from the use of physical or chemical restraints.

Sexual Abuse

Sexual abuse refers to non-consensual sexual activity, including unwanted touching or assault, often perpetrated against defenseless residents.

Emotional Abuse and Mental Abuse

This type of nursing home abuse involves verbal insults, threats, isolation, or other actions intended to intimidate or degrade a resident’s self-esteem.

Neglect

Nursing home and medical neglect occur when caregivers fail to meet basic needs, like providing food, proper hygiene, or medical care. This can lead to severe consequences, like bed sores, malnutrition and dehydration, sepsis, falls, and wandering and elopement from facilities.

Financial Abuse

Financial abuse in nursing homes happens when staff, caregivers, or even other residents exploit or steal from elderly individuals. This form of abuse can include unauthorized use of bank cards, forged signatures, stolen personal items, or coercing residents into changing wills or financial documents.

Common Injuries Sustained by Nursing Home Residents

When older adults reside in nursing homes, they can face an increased risk of certain types of injuries, including:

• Falls and broken bones
• Bedsores
• Head injuries
• Malnutrition
• Dehydration
• Infections and sepsis
• Bruises
• Falls
• Sexual assault injuries
• Sexually transmitted infections
• Emotional trauma

Recognizing and addressing these injuries can help you protect your loved ones.

The Statistics of Abuse in Chicago Nursing Homes

Approximately 60,952 Illinois residents live in nursing homes, with around 211 facilities in Cook County alone, many of which face serious issues. Of these, 50 have been cited for severe deficiencies, and 190 report significant infection-related problems. Chronic understaffing is a common challenge.

While the Health Care Council of Illinois backed a tax break proposal by the state Senate President, reports indicate conditions in private-equity-owned facilities are often worse.

One operator of six Chicago nursing homes faces lawsuits over alleged understaffing that led to illnesses, injuries, falls, and unsafe conditions. Understaffing not only causes neglect but may lead to physical abuse.

Reasons Why Nursing Home Abuse Often Goes Unreported

Nursing home abuse or neglect in care facilities often go unreported due to significant barriers faced by victims.

• Fear of Retaliation: Residents may fear worsened treatment, transfers to less desirable facilities, or loss of services.
• Shame or Embarrassment: Many feel embarrassed to admit mistreatment or blame themselves for the situation.
• Communication Challenges: Physical or cognitive issues, like speech difficulties or memory loss, can prevent residents from reporting nursing home abuse.
• Lack of Awareness: Some residents are unaware of their legal rights, how to report issues, or doubt that reporting abuse will lead to change.

Recognizing these barriers is essential to offering support and empowering residents to speak out against abuse and neglect.

Common Causes of Abuse and Neglect in Chicago Nursing Homes

Elderly residents can be at risk when care facilities fail to meet basic standards. Below are common causes of neglect or mistreatment:

• Improper Staffing: Insufficient staff leads to rushed care and neglected needs like feeding and hygiene.
• Negligent Hiring: Failing to screen applicants risks exposing residents to unqualified or abusive workers.
• Profit-Driven Management: Prioritizing profits often reduces investments in staff, training, or supplies, increasing risks.
• Lack of Training: Untrained employees may mishandle health issues, behavioral challenges, or emergencies.
• Ignoring Industry Standards: Ignoring industry regulations compromises care quality and endangers residents.
• Dismissed Complaints: Ignored reports of abuse or neglect allow problems to persist and worsen.
• Poor Communication with Families: Families unaware of incidents can’t intervene to protect residents.

By addressing these issues, families can advocate effectively for the safety of nursing home patients in Chicago.

Chicago Nursing Home Ratings

Source: Medicare

Liability in Cases Involving Nursing Home Abuse

All abuse claims are different based on the specifics of what happened. However, some common defendants in nursing home neglect cases include:

• Nursing home staff members – Caregivers, CNAs, and home health aides can be held liable for their actions toward Illinois nursing home residents
• Administrators – Administrators in facilities that understaff or fail to have policies to protect residents can be held liable by family members
• Doctors, nurses, and pharmacists – If medical providers refuse medical treatment or prescribe the wrong medications, they can be held liable
• Other elderly residents – In instances where other residents hurt your loved one, they can be held accountable

Legal Grounds for Liability in Illinois

Nursing home negligence lawsuits and abuse claims often rely on the following legal theories:

• Negligent Supervision and Care: Staff members who fail to properly monitor residents or provide necessary care can be held liable if their inattention causes preventable harm.
• Negligent Hiring and Retention: Facilities may be liable for employing unqualified or unsafe staff, especially if those workers harm residents.
• Negligent Maintenance of Facilities: Unsafe conditions, like slippery floors or faulty wiring, can lead to liability if they result in resident injuries.
• Negligent Maintenance of Equipment: Poorly maintained equipment, such as bed rails or wheelchairs, can cause accidents for which the facility may be responsible.
• Intentional Harm: Facilities face liability when staff intentionally harm or threaten residents, violating their safety and dignity.
• Contract Breaches: Legal action may follow if a nursing home fails to fulfill promises outlined in its contract with a resident or their family.

Common Signs of Elder Abuse Among Nursing Home Residents

It can sometimes be difficult to know if your loved one is an abused or neglected resident. However, there are some signs of elder abuse to watch out for, such as:

• Medication errors
• Bed sores or pressure ulcers
• Unexplained injuries or bruises
• Sudden fearfulness or change in behavior
• Poor personal hygiene
• Lost money or personal belongings of high value
• Broken or fractured bones
• Sexually transmitted diseases

Steps to Take if You Suspect Nursing Home Abuse or Neglect in a Chicago Facility

If you suspect your loved one is experiencing abuse or neglect in a nursing home, document any suspicious injuries, behavior changes, or poor living conditions. Report your concerns to the facility’s supervisor or administrator immediately.

If their response is insufficient, contact state oversight agencies, such as the Illinois Department of Public Health (IDPH), and law enforcement. A nursing home abuse lawyer, like Rosenfeld Injury Law in Chicago, can help protect your loved one and explain your legal options.

Agencies and Laws Regulating Chicago Nursing Home Facilities

Chicago’s nursing homes must meet a range of rules set by local and federal authorities. Below are the primary agencies and laws that oversee nursing and assisted living facilities in the city:

• Illinois Department of Human Services (IDHS): The IDHS oversees programs and services that protect vulnerable residents, including those in nursing facilities.
• Illinois Department of Public Health (IDPH): The IDPH conducts inspections, investigates complaints, and ensures that facilities follow health and safety standards.
• Joint Commission on Accreditation of Healthcare Organizations: The Joint Commission reviews and accredits facilities that meet certain standards of care.
• Chicago Department of Family & Support Services: The Chicago department of family and support services works with community groups to protect older adults, including those living in nursing home facilities.
• Centers for Medicare & Medicaid Services (CMS): CMS monitors facilities that accept Medicare and Medicaid, enforcing regulations for quality of care.

Illinois Laws Protecting Nursing Home Neglect Victims

• Illinois Nursing Home Care Act (210 ILCS 45): Guarantees residents the right to proper care, freedom from abuse and restraints, and control over personal finances. It also allows families to pursue legal action if these rights are not respected.
• Illinois Elder Abuse and Neglect Act (320 ILCS 20): Requires the reporting and investigation of any suspected abuse to older adults, including neglect and financial exploitation.
• Medical Practice Act of 1987 (225 ILCS 60): Sets professional standards for medical staff and others who provide care in facilities.

Federal Protections

• Older Americans Act: The Older Americans Act funds services that help seniors remain independent and support programs to prevent elder abuse.
• Nursing Home Reform Act (1987): The Nursing Home Reform Act establishes federal care guidelines for facilities receiving Medicare or Medicaid funds. It also includes a Bill of Rights, giving residents privacy and input in their own care.

Chicago Nursing Home Residents’ Rights

Residents of nursing homes are protected by laws ensuring dignity, autonomy, and safety. Key rights include those found in the Nursing Home Reform Act and the Nursing Home Care Act.

• Freedom from abuse: Residents are protected from verbal, sexual abuse, physical, and mental abuse.
• Freedom from restraints: Restraints, physical or chemical, are only allowed when medically necessary and not for convenience or discipline.
• Right to dignity and respect: Residents must always be treated with respect.
• Right to manage finances: Residents can manage their own finances or appoint someone to assist.
• Personal belongings and privacy: Residents can keep personal belongings and enjoy privacy unless it interferes with others.
• Information and choice in care: Residents have the right to know their medical condition and treatment options and can refuse treatment if informed of the consequences.
• Choice of physician: Residents can select their own doctor for continuity or trust in care.
• Control over daily schedules: Residents can decide how to spend their days, including meal and activity times, within medical limits.

Legal Options for Chicago Nursing Home Abuse and Neglect

When a loved one is harmed in a care facility, families have a few different legal options. They can file an administrative complaint with the IDPH, pursue a civil lawsuit, or even press criminal charges in serious cases. It’s important to understand each option so you can get the justice you deserve.

How to File a Complaint Against a Chicago Nursing Home

If you suspect a loved one has suffered abuse or neglect in a Chicago nursing home, you can file a complaint with the IDPH. One way is to call their Nursing Home Hotline, 1-800-252-4343. You can also submit an online complaint form by visiting their website.

If you have additional questions or need help, you should talk to a nursing home neglect and abuse lawyer right away. Taking these steps can set the investigation process in motion and help keep your loved one and other residents safe.

Filing a Nursing Home Abuse Lawsuit in Chicago

When filing a nursing home abuse lawsuit in Chicago, the case may be resolved early or proceed to trial. Below are the steps involved:

• Settlement Negotiation: The nursing home or insurer may offer compensation, but it’s wise to wait until injuries are fully understood and a nursing home abuse lawyer reviews the offer.
• Discovery: If no settlement occurs, both sides exchange and gather evidence to support their cases.
• Pre-trial Hearings: A judge rules on motions and establishes trial guidelines.
• Trial: You must prove the facility caused harm, while the defense argues against liability.
• Compensation: A favorable verdict can cover medical costs, pain, and related losses.
• Appeal: Either side may contest the verdict in a higher court.

To learn more about the process, reach out to a nursing home abuse attorney from our team.

Evidence Needed to Support Your Nursing Home Abuse Case

If you suspect abuse in a nursing home, gathering strong evidence is crucial. Examples include:

• Medical Records: Notes, test results, and incident reports showing health changes or injuries.
• Photos/Videos: Visual proof of injuries or unsafe conditions.
• Witness Statements: Testimonies from staff, visitors, or other residents.
• Facility Reports: Internal documents revealing complaints, investigations, or lack of corrective actions.
• Surveillance Footage: Common area videos showing concerning behavior.
• Behavioral Changes: Mood or personality shifts indicating harm.
• Correspondence: Emails, letters, or texts showing concerns or facility responses.
• Inspection Reports: IDPH or agency records highlighting past issues.
• Financial Records: Unexplained charges indicating financial abuse.

How Rosenfeld Injury Law Can Help

Those initial weeks and months after your loved one’s injury or death are hectic. Our Chicago nursing home neglect lawyers can make it easier to focus on getting your loved one help:

• Gather medical records, video surveillance, and witness testimony to be used as evidence in your case
• File a claim with the Cook County court
• Oversee the discovery process
• Mediate your case with the defendants and insurance companies, if applicable
• Negotiate the terms and level of compensation offered in a settlement to get you the most compensation for your case
• Represent your family during a courtroom trial

Damages Available to Victims of Nursing Home Abuse and Neglect

When nursing home residents are experiencing nursing home neglect, they and their families may be entitled to pursue compensation through legal action. There are several categories of damages that a nursing home abuse attorney can seek to recover, depending on the specifics of the case.

Economic Damages

Economic damages encompass the tangible financial costs associated with nursing home abuse or neglect. These damages include:

• Medical bills
• Future expenses
• Lost wages
• Funeral expenses

Non-Economic Damages

Non-economic damages account for the less tangible losses. They include:

• Physical pain and suffering
• Loss of companionship
• Emotional abuse

Punitive Damages

Punitive damages are intended to punish the responsible parties for especially egregious nursing home misconduct and serve as a deterrent to this type of behavior.

Wrongful Death Damages

When a nursing home patient’s death is directly caused by nursing home abuse or neglect, families can pursue a wrongful death claim. Compensation in such cases may include:

• Financial losses
• Medical expenses related to death
• Funeral and burial costs
• Loss of emotional support

Victims of nursing home abuse and neglect deserve justice and fair compensation.

Nursing Home Abuse and Neglect FAQs

Is verbal mistreatment in a nursing home considered neglect or abuse?

Yes, verbal mistreatment can be classified as emotional or mental abuse if staff members humiliate or threaten a resident. This kind of conduct can also be seen as neglect if it reflects a repeated failure to respect the resident’s dignity and well-being.

What is the difference between nursing home abuse and neglect?

Nursing home abuse involves intentional acts causing harm, such as hitting, yelling, or denying care. Neglect occurs when staff fail to provide necessary care or supervision, leading to harm. Both can result in legal action.

Can I sue a nursing home if my loved one never signed a contract with them?

Yes, even without a contract, a nursing home typically has a responsibility to provide care if your loved one is residing there. A nursing home abuse lawyer can help clarify your legal options.

Can I file a medical malpractice lawsuit against a Chicago nursing home?

Failure to provide proper medical care can lead to a malpractice claim. These cases are complex, so consulting an attorney experienced in medical issues is essential.

What is the value of my Illinois nursing home abuse case?

The value depends on factors such as medical costs, pain, suffering, and injury severity. A skilled attorney can estimate your case’s potential worth.

When should I hire a nursing home abuse lawyer?

If you suspect abuse, contact a nursing home abuse lawyer immediately. During your free consultation, you’ll learn about evidence requirements and legal options.

How much does a Chicago nursing home abuse lawyer cost?

Our Chicago nursing home abuse lawyers work on a contingency fee basis, meaning you do not pay legal fees unless you win your case. Payment is a percentage of your settlement or verdict.

How long do I have to file a nursing home abuse claim in Illinois?

The statute of limitations for personal injury, medical malpractice, and wrongful death cases is two years from the date of injury or death.

In some cases, you might have two years from the date of discovery to file your claim if the cause was not immediately obvious. Either way, it is important to engage a Chicago personal injury attorney as soon as possible so they can get to work on your case before this deadline.

Who can file a lawsuit against a nursing home?

Residents can file nursing home abuse lawsuits, or if they are incapacitated, their legal representatives can act on their behalf to seek justice.

How long does it take to settle a nursing home abuse or neglect lawsuit?

Most nursing home abuse lawsuits are resolved in 18–24 months, though some take longe, depending on injury severity. Consult your lawyer for an estimate based on similar cases.

Which standards do Chicago nursing homes have to meet?

According to the Nursing Home Care Act in Illinois, the Department of Public Health has the right to:

• Communicate privately with any resident who consents to communication in a nursing home setting
• Inspect medical records of any resident who consents to it
• Observe all areas of a care facility except private living areas without permission
• Ensure nursing homes do not hire identified offenders who have records that preclude them from working in care facilities according to the Nursing Home Care Act
• Mandate nursing homes treat residents with courtesy and respect
• Verify residents have their basic human needs met, including medical treatment

How often are nursing homes in Chicago inspected?

The Illinois Department of Public Health inspects nursing homes every 6–18 months, averaging once per year. Reports of suspected nursing home abuse by a family member or employee may prompt more frequent inspections.

Contact a Chicago Nursing Home Abuse Attorney Today!

If you or a loved one has suffered abuse – physical or mental abuse, sexual, or verbal abuse – in a nursing home, the Chicago nursing home abuse attorneys at Rosenfeld Injury Law are ready to help. Contact us for a free case evaluation by filling out our contact form or calling toll-free at (888) 424-5757. .

Our firm has assisted thousands of Illinois residents in pursuing compensation for personal injury cases, securing settlements worth millions in some instances. During your free consultation, we will discuss your options to seek justice and support your family member throughout the entire process.

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Champaign, Naperville, Schaumburg , Springfield and throughout Illinois.

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.