How to Report Nursing Home Abuse in Illinois

Elder abuse or neglect is tragically common in Illinois facilities like Alden Lakeland Rehab & HCC in Chicago. 64.2% of nursing home staff members admitted to perpetrating some form of abuse in the past year. As such, it’s crucial to understand how to report nursing home abuse. 

A Chicago nursing home abuse lawyer from Rosenfeld Injury Lawyers can hold facilities accountable and protect your loved ones. Contact us today for a free consultation about abuse and neglect against an older person. 

What Are the Warning Signs of Abuse or Neglect?

The National Center on Elder Abuse notes the following warning signs of abuse or neglect in nursing home residents:

• Unexplained weight loss
• Poor hygiene and lack of personal care supplies
• Insufficient staff
• Signs of sexual assault, like genital bruising
• Signs of financial exploitation, like missing funds
• Behavioral changes, like anxiety and depression
• Worsening medical issues
• Physical abuse, like bruises and fractures
• Confusion and delirium from chemical restraints

Identifying signs early enables you to take immediate action, such as reporting suspected abuse and moving the elderly resident to a safer facility. 

Does the Illinois Department of Public Health Regulate Nursing Homes?

The Illinois Department of Public Health regulates nursing and long-term care facilities as per the Illinois Nursing Home Care Act (210 ILCS 45/1-109). You can report nursing home neglect at the Office of Healthcare Regulation (OHCR) Portal or call 1-800-252-4343.

Can I Report Abuse to the Long-Term Care Ombudsman?

The Department of Health and Human Services requires public health offices to have long-term care ombudsmen who investigate nursing home complaints, coordinate with advocacy groups, and protect residents’ rights (Public Law 89–73). Illinois law also requires these representatives (20 ILCS 105/). 

You can find your local office by calling the Illinois Department on Aging Senior Helpline at 1-800-252-8966. 

When Should I Contact Adult Protective Services?

You should contact Adult Protective Services if you believe an Illinois nursing home resident is being mistreated. These officials can gather evidence and request court orders of protection against nursing facilities. 

They will also coordinate with other departments that protect the senior population, like Illinois Healthcare and Family Services, which administers Medicaid services. These agencies could take disciplinary action against the facility to prevent further harm. 

Is Nursing Home Abuse a Police Matter?

Elderly abuse and neglect may be a police matter if the victim is in immediate danger, like the risk of assault or even death. Call 911 if you suspect your family member is at imminent risk of serious harm, such as staff members assaulting the victim. 

Can I Report a Facility Anonymously for Suspected Abuse?

Yes, you are not legally required to give your name when you file a complaint. However, investigators cannot request further details from anonymous reports, which may make it difficult to pursue legal action. 

In some cases, the defendant may countersue, and the anonymous reporter may be identified. This has happened before in cases of defamation, like Hadley v. Subscriber Doe. 

What Happens After I File a Report Against Illinois Nursing Homes?

First, the Illinois Department of Public Health will review the report to determine if an investigation is warranted. In cases of imminent danger, they must begin their investigation within 24 hours, while potential abuse or neglect may take up to 7 days.

The investigators will make an unannounced visit to observe the facility operations, review care facility records, and interview residents and staff. If they find deficiencies in medical care or suspect neglect, they can issue warnings, impose fines, or even revoke the facility’s license. In some cases, they will also get law enforcement involved.

Reporting nursing home neglect protects the residents’ rights and well-being. However, if the report is substantiated, this can also be powerful evidence for a civil suit. 

Why Filing a Report Isn’t Enough to Get Justice for Many Forms of Nursing Home Neglect?

Elder abuse is a widespread and serious issue that is often underreported. Filing a complaint is an invaluable way to punish negligent facilities and protect residents from harm. 

However, this report doesn’t offer financial compensation to the victim and their families, meaning that you may have to pay thousands of dollars in medical bills. That’s why it is crucial to seek help from an experienced nursing home abuse lawyer who can help you review your options and secure a settlement. 

As we work on a contingency fee basis, there is no cost to seeking representation from an experienced attorney. We will protect you and your loved one from third parties, like insurance companies, and handle the legal side so that you can prioritize healing. 

How Does the Legal Process Work for Nursing Home Lawsuits?

Our experienced personal injury attorneys will guide you through every step of the process, advocating for you and your loved ones. The nursing home lawsuit timeline involves the following.

• Investigating the incident by reviewing medical records, facility reports, and witness statements.
• Calculating damages, including medical expenses, relocation costs, and emotional distress..
• Filing a lawsuit with the Circuit Court of Cook County or the federal court.
• Filing subpoenas and taking depositions, which are recorded interviews. 
• Consulting with medical experts and elder abuse professionals. 
• Sharing information with the other parties, called discovery.
• Negotiating with the facility’s insurance agency to reach a fair settlement.
• If necessary, taking the case to court and presenting evidence at trial. 

It is crucial to start the legal process as soon as possible. Illinois has a two-year statute of limitations on personal injury, meaning that if you file after this deadline, you cannot seek compensation (735 ILCS 5/13-202). 

Explore Your Legal Options to Hold Care Facilities Accountable

Our Super Lawyers®-rated attorneys are passionate about protecting the elderly from abuse and holding negligent facilities responsible for the harm done. Over the past 25 years, we have secured over $450 million in settlements and positive verdicts, which has secured us a place in the Million Dollar Advocates Forum.

We work with families on a contingency fee basis: no fees unless we win your case. This enables you to focus on healing rather than bills.

The team at Rosenfeld Injury Lawyers stands with you and your loved one in this difficult time. Contact us at (888) 424-5757 or use our online contact form to schedule your free, no-obligation consultation.