Nursing Home Abuse FAQs

When families place a loved one in a nursing home or assisted living facility, they expect proper medical care, dignity, and safety. Sadly, that’s not always what happens. These nursing home abuse FAQs answer the most common questions we hear from concerned families and loved ones. 

At Rosenfeld Injury Lawyers, we represent nursing home residents and their family members across Illinois, helping them seek justice when abuse or neglect occurs.

What are the rights of nursing home residents in Illinois?

Nursing home residents have legal protections under both federal government regulations and state laws (Nursing Home Care Act). 

They have the right to live in a safe environment, free from abuse, neglect, and exploitation. Facilities must provide adequate food, hydration, hygiene, medical care, and emotional support. When these standards aren’t met, residents and their families may have legal options to pursue claims for damages.

What is financial abuse, and how does it happen in nursing homes?

Financial exploitation involves the unauthorized use or stealing resident’s funds, assets, or personal property. It may include forging checks, stealing credit cards, or manipulating documents. This can be committed by staff members, caregivers, or even other patients.

Watch for warning signs like unexplained withdrawals, missing valuables, or sudden changes in financial habits. Our law firm can investigate suspicious activity and help recover stolen assets.

Can assisted living facilities be held liable for abuse or neglect?

Yes. An assisted living facility has a legal duty to protect residents from abuse or neglect. These settings may not offer the same level of care as a nursing home, but they are still required to keep residents safe, administer medications properly, and monitor for health changes.

If the care facility fails to provide basic care or employs unqualified care providers, they may be held responsible for resulting harm, including injury, emotional trauma, or even wrongful death.

Should I contact nursing home abuse attorneys if I suspect mistreatment?

Absolutely. Experienced Chicago nursing home abuse attorneys understand how to gather evidence, navigate state laws, and protect your loved one’s rights. An attorney can help you document the situation, interview witnesses, and pursue claims against the nursing home, management, or individual staff members involved.

Early legal action can prevent further harm and ensure accountability. Our law firm offers a free case evaluation to discuss your concerns and outline next steps.

What are common forms of abuse or neglect in nursing homes?

Nursing home abuse comes in many forms, including:

• Physical abuse (hitting, pushing, or use of force)
• Emotional abuse (threats, isolation, or verbal cruelty)
• Sexual abuse (non-consensual contact or exposure)
• Neglect (failing to meet basic needs such as hygiene or nutrition)
• Financial exploitation (stealing from the resident or abusing their funds)

Often, signs are subtle. Families should watch for mood changes, poor hygiene, unexplained injuries, and withdrawal from social interaction.

Can nursing home abuse and neglect lead to a wrongful death case?

Yes. If abuse or neglect results in a resident’s death, the family may pursue a wrongful death lawsuit. These cases can help cover funeral costs, treatment expenses, and emotional loss suffered by surviving family members.

Our team helps families file claims, identify liable parties (such as the nursing home administrator or ownership group), and ensure that their loved one’s memory is honored through accountability.

How can I protect my loved one from nursing home abuse and neglect?

The best protection is vigilance. Visit often, ask questions, and watch for obvious signs of mistreatment. Speak privately with your loved one about their experiences and report anything concerning. If you suspect nursing home abuse, trust your instincts.

Contact Adult Protective Services, file a formal complaint with the facility, and reach out to a trusted law firm that handles elder abuse and home abuse or neglect cases.

What types of injuries can indicate nursing home abuse and neglect?

Common injuries include:

• Broken bones or fractures
• Bed sores (also known as pressure injuries)
• Bruises or lacerations
• Genital infections (possible sign of sexual abuse)
• Medication overdoses or missed doses
• Malnutrition or dehydration

These injuries may point to neglect or direct harm from physical abuse. Our nursing home abuse attorneys can investigate to determine liability and pursue financial compensation.

How is elder abuse different from neglect?

Elder abuse refers to active mistreatment, such as hitting, yelling, or stealing from an older person. Neglect, on the other hand, is often passive, such as failing to provide proper hygiene, supervision, or care.

Both are serious and can lead to life-threatening harm. In Illinois, both elder abuse and nursing home neglect are punishable under civil and criminal state laws.

Can a nursing home be sued for medication errors?

Yes. Medication errors can be grounds for a lawsuit if they cause harm. These errors include:

• Giving the wrong dosage
• Administering the wrong medication
• Failing to provide the necessary drugs
• Improper monitoring for side effects

Such errors may occur due to untrained nursing home staff, poor record-keeping, or understaffing. Our law firm investigates these issues and fights for the rights of elderly residents harmed by medication mistakes.

What are the most common signs of nursing home abuse or neglect?

Common signs include:

• Sudden changes in behavior
• Avoiding staff or other residents
• Bruising, cuts, or broken bones
• Poor nutrition or hydration
• Lack of cleanliness
• Fearfulness, anxiety, or depression

If you see these signs, don’t delay. Speak to an administrator, file a report with Adult Protective Services, and schedule a free consultation with a qualified attorney.

Who can be held responsible in nursing home abuse cases?

Liable parties may include:

• The nursing home administrator
• Individual staff members
• Corporate owners of the nursing home or assisted living facility
• Third-party vendors, such as care providers or food service companies

A thorough legal review will identify who should be held accountable.

How do I start a nursing home abuse claim?

Start by collecting documentation: photos, treatment records, written complaints, and statements from your loved one or witnesses. Then, contact a qualified attorney at our law firm for a free case consultation.

We’ll help determine if home abuse or neglect occurred, what your legal options are, and whether a settlement or lawsuit is the right path forward. Most elder abuse cases are handled on a contingency basis, meaning you don’t pay unless we win.

What should most families know before choosing a nursing home?

Most families don’t realize how important it is to research inspection records, staffing levels, and complaint histories. Visit multiple times, ask about staff training, and observe how nursing home residents are treated.

You can also check for past violations or sanctions by the Illinois Department of Public Health. Choosing the right care facility can make all the difference.

What legal theories apply in nursing home neglect cases?

Legal theories may include:

• Negligence (failure to act with reasonable care)
• Premises liability (unsafe conditions in the care facility)
• Breach of fiduciary duty (especially in cases involving finances)
• Medical malpractice (especially for misdiagnosis or medication mistakes)

Each case is unique. A skilled attorney will apply the right strategy based on the facts and ensure that abuse victims receive the justice they deserve.

What should I do if I suspect abuse in a nursing home?

If you suspect abuse in a nursing home, trust your instincts. Signs like sudden mood changes, bruises, unexplained injuries, or withdrawal from activities may indicate something is wrong. It’s critical to act quickly to protect the resident’s safety. Document everything and report your concerns to the nursing home staff, the facility administrator, and appropriate authorities.

Then, speak with an attorney who understands your legal rights. The sooner you act, the better the chances of preventing further harm and building a strong legal case.

Are nursing home residents with Alzheimer’s disease more vulnerable to abuse?

Yes. Residents with Alzheimer’s or other cognitive impairments are at greater risk of nursing home abuse or neglect. They may struggle to communicate what’s happening or remember key details. That’s why it’s essential for families to remain involved and vigilant.

Facilities must provide appropriate supervision and care for all nursing home residents, including those with memory-related conditions. When they fail to do so, the nursing home may be held liable for any resulting harm.

Can understaffing or negligent hiring lead to abuse?

Yes. Understaffing is a growing issue in facilities across the country. It can result in delayed care, missed medications, and unsupervised wandering. Facilities that hire unqualified staff or fail to perform proper background checks may be liable under vicarious liability for abuse committed by employees.

How can a law firm help with a nursing home abuse case?

A dedicated law firm brings resources, experience, and a deep understanding of home abuse or neglect cases. We conduct independent investigations, hire experts, and build strong claims using medical expenses, legal documents, and witness interviews.

At Rosenfeld Injury Lawyers, our Chicago personal injury lawyers help loved ones and older persons hold negligent facilities accountable. You get a strong legal partner committed to securing justice and protecting your family.

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.