How to Document Neglect for a Nursing Home Lawsuit in Chicago

If your loved one has been subjected to elder abuse in a Chicago nursing or assisted living facility, it’s essential to act quickly. Our legal professionals will guide you through how to document neglect for a nursing home lawsuit, ensuring that you can seek financial compensation. 

Contact a Chicago nursing home abuse attorney from our law firm today for a compassionate, free consultation about pursuing legal action. 

Why Is Proper Documentation Critical for Your Case?

Proving nursing home negligence requires providing a preponderance of evidence. This standard means that the evidence suggests it is more likely than unlikely that nursing home staff members mistreated or neglected a vulnerable resident.

Our attorneys will compare this documentation to state and federal laws surrounding nursing home care, including the Illinois Nursing Home Care Act (210 ILCS 45/) and the Federal Nursing Home Reform Act (Public Law No: 100-203), to demonstrate how the standard of care deviated from legal requirements.

Thorough documentation can make all the difference in whether your nursing home negligence case is successful or not. As such, family members should start gathering evidence as soon as possible, then consult with a nursing home abuse lawyer to start the process. 

What Are the Signs of Nursing Home Neglect to Look For?

Unfortunately, nursing facility abuse can take many forms, which include physical harm, emotional abuse, sexual abuse, and financial exploitation. The National Institute on Aging outlines potential indicators of nursing home neglect, which include:

• Unexplained injuries, like bruises and fractures
• Pressure ulcers and bed sores
• Sudden fear of other residents or staff members
• Becoming withdrawn, depressed, or anxious
• Poor personal hygiene
• Rapid, unexplained weight loss or dehydration
• Worsening medical conditions
• Missing personal items like glasses or hearing aids
• Sudden financial losses or missing funds

How to Document Physical Injuries and Conditions?

To document nursing home injuries, follow these steps:

• Photograph all injuries from multiple angles with good lighting.
• Use a ruler or a scale reference, like a coin, to show the size in close-ups.
• Timestamp the photo by using a dated item in the frame.
• Take sequential photos on several days.
• Document living conditions in negligent nursing homes, like soiled bedding, dirty facilities, or damaged clothes.

How to Keep a Detailed Journal of Your Observations?

Your contemporaneous documentation can be an invaluable way to prove nursing home negligence. Follow these steps to prove that your loved one suffered abuse.

• Note the date and time that you visited.
• Record the names and titles of any staff members who were present or involved in the incident.
• Explain the resident’s mental state and document any statements they made, such as being tired, scared, or upset.
• Identify changes in the resident’s physical state, like weight loss or bed sores.
• Note the number and availability of staff. 
• Discuss the facility’s overall cleanliness, including any urine or fecal smells or stains.
• Document any explanations that staff provide about your loved one’s condition.
• Track medication times and any changes.

Be sure to remain factual and specific in your observations. You can then provide this to legal authorities or to your personal injury lawyer. 

Why Are Medical Records the Most Important Evidence?

Medical records are an essential aspect of winning a personal injury case, as they provide impartial proof that the nursing home failed to offer proper medical care. These factual documents prove the extent of injuries, corroborate witness statements, and can point to standards violations, like using physical restraints that were not medically necessary (42 CFR 483.12). 

When corroborated with other evidence, like state inspection reports and expert testimony, they can also reveal systemic issues that may point to medical malpractice. 

As per appellate court rulings like MacKenna v. Pantano, only medical records that are directly relevant to the case should be included in order to respect patient privacy. 

How to Gather Witness Statements From Nursing Home Residents and Staff?

Witnesses provide invaluable evidence in nursing facility abuse cases, as they can support medical records of neglect and offer factual narratives. However, collecting these statements requires care and planning. Follow these steps to ensure you can gain quality information.

• Identify Potential Witnesses: Residents, nursing home staff, and family members of other residents can all be vital resources.
• Be Persistent but Not Pushy: Some people, especially staff, may be hesitant about getting involved in a legal case. Though staff are protected from wrongful termination via the Whistleblower Act (740 ILCS 174/), they could still face consequences like harassment. Respect their wishes if they choose not to participate. 
• Be Clear About Your Needs: Explain that you are exploring your legal options for a lawsuit and would like their support through written statements. Ask them about specific incidents, with dates, times, and locations, rather than seeking a general impression.
• Ask for Written Statements: First-hand narratives are often more valuable than your second-hand account of what the person said. Ask the person to sign their narrative with their full name and the date that it was written. 
• Videotape With Permission: If possible, consider asking the person to record a statement for you, as this demonstrates that their statement was not coerced and reflects their first-person perspective.

Should You Report Your Findings to Adult Protective Services?

Contacting Adult Protective Services or the Illinois Department of Public Health is essential. Reporting nursing home abuse not only provides crucial evidence to prove nursing home negligence claims, but it can also offer a framework for legal intervention by state agencies. 

How Do Attorneys Use Evidence in Chicago Nursing Home Abuse Cases?

A lawyer will use this information to seek justice for the harm caused by neglect. Evidence can be used to calculate damages, like physical pain and suffering or emotional distress, and demonstrate deviations from standards of proper care. 

In some cases, the personal injury attorney will compare the evidence to current legal standards of care, such as the use of antipsychotics for elderly patients or ensuring all staff are competent (42 CFR 1395i-3). 

What Are the Warning Signs of Nursing Facility Cover-Ups?

Abuse allegations can have severe consequences for facilities and their staff, including revocation of Medicare status (42 CFR 424.535). In Illinois, neglect in a skilled nursing facility can even lead to felony convictions (720 ILCS 5/12-4.4a). 

Not only do administrators want to prevent families from seeking compensation, but they also want to prevent these serious consequences. As such, they may attempt to cover up signs of neglect or abuse. These are some warning signs that the facility is trying to hide negligence.

• Strict Visiting Hours: They may set strict visiting hours that are inconvenient for most families. This enables them to still comply with access laws while limiting the number of people present.
• Visitation Denials: The staff may be instructed to state that residents are sleeping or occupied when you try to see them. You may be told you’re not allowed to drop by unannounced, even during posted visiting hours. 
• Intimidation: Caregivers may hover or prevent you from seeing your loved one alone. Residents may seem “coached” to say that they are fine. 
• Excessive Clothing: Residents may be covered up in blankets or jackets even when it’s warm out to avoid anyone seeing bruises.
• Missing Records: Staff logs, medical reports, and other information may be missing, or you may be told you’re not allowed access.
• No Camera Policy: You may be told you’re not allowed to take pictures or videos inside the facility.

Get Started With the Legal Process

Our Super Lawyers®-rated firm works on a contingency fee basis, meaning you pay nothing unless our nursing home abuse attorneys help you win. Contact us at (888) 424-5757 or use our online contact form to schedule a free case review with our compassionate attorneys.