Chicago Nursing Home Sexual Abuse Lawyer

Seek Justice for Sexual Abuse in Chicago Nursing Homes

Nursing home residents who suffer elder abuse often suffer extreme emotional distress and worsened physical health, potentially shortening their lifespan. If your loved one has suffered from sexual assault or abuse in a nursing facility, you don’t have to face this alone. A Chicago nursing home sexual abuse lawyer from our firm will fight for justice, ensuring you receive the support and advocacy you deserve. 

Settlements Recovered by Our Chicago Law Firm

• $2,333,000: Two women in a South Shore assisted living facility were sexually assaulted by a CNA, resulting in severe emotional trauma. Our neglect lawyers found that the facility was aware of this CNA’s history but hired him anyway. 
• $810,000: Rosa, a Lincoln Park nursing home resident with dementia, was assaulted by a maintenance worker, who had a previous allegation of misconduct against him. We showed that nursing home staff members failed to call local law enforcement after the attack.

What Are the Signs of Nursing Home Sexual Abuse?

Around 0.9% of all nursing home abuse involves sexual abuse, leaving millions vulnerable to this serious injustice. According to the Department of Justice, warning signs of sexual abuse include:

• Bruises around the breast or genitals
• Fear or withdrawal around certain staff members or other residents
• Declining medical condition and behavioral changes
• Unexplained venereal diseases or genital infections
• Blood on the sheets, linens, or a person’s clothing
• Post-traumatic stress disorder, including anxiety and nightmares

What Is the Average Payout for Sexual Abuse in Illinois Nursing Homes?

The average payout for nursing home sexual abuse is $1,211,500, but compensation may vary. Factors that determine payouts include the victim’s age, available evidence, the cost of medical care or transfer to another facility, and the nursing home’s liability. 

Example Cases

Joyce Toomey and Larry Austin worked at Maxwell Manor, a Chicago nursing home, and saw victims being physically, emotionally, and sexually abused by other staff members. In one case, a resident suffered from wrongful death because she eloped from the facility. 

The Centers for Medicaid and Medicare Services investigated and found the residents were in “immediate jeopardy,” terminating the facility’s Medicare contract and relocating all residents to other agencies. 

Both individuals repeatedly reported the abuse to Maxwell Manor but faced harassment and retaliation, including wrongful termination. After Maxwell Manor was removed from the Medicaid program, the federal government brought suit along with the plaintiffs, and a judge awarded $1,898,000.00. 

How Long Do Victims and Family Members Have to Take Legal Action?

You have two years to take legal action under Illinois’s statute of limitations (735 ILCS 5/13-202). Contact our personal injury attorneys as soon as possible for a free consultation about your options. 

How to Strengthen Your Sexual Abuse Case

Nursing home neglect and abuse are illegal under both federal and state law. The 1987 Nursing Home Reform Act created the Nursing Home Residents’ Bill of Rights, which includes the freedom from physical, emotional, financial, or sexual abuse (H.R.3545). 

The Illinois Nursing Home Care Act reaffirms this right to safe, abuse-free medical treatment, as well as legal consequences for nursing home abuse and neglect (210 ILCS 45/). Our Chicago nursing home abuse lawyers will use these laws and strong evidence to support your case. 

It’s crucial to act quickly if you suspect abuse. Follow these steps as soon as possible. 

• Call the Police: If the individual is in immediate danger, call 911 and get to the nearest hospital, such as Rush University Medical Center. A Sexual Assault Nurse Examiner (SANE) exam can collect forensic evidence of sexual abuse. In Illinois, hospitals are required to provide rape kits free of charge to victims (410 ILCS 70/). 
• Protect the Victim from the Perpetrator: If possible, move the victim to a different facility where they can recover safely. 
• Collect Evidence: Gather photos, medical records, nursing home staff logs, and surveillance footage that can corroborate the victim’s story.
• Talk to Witnesses: Get names, contact information, dates, and locations from anyone who may have seen the sexual abuse or was aware it was happening. Document any communications from the facility about the resident’s condition. 
• Report the Abuse to the Illinois Department of Public Health: Use the department’s online complaint form or call the Nursing Home Hotline (800-252-4343) to report the sexual abuse. 
• Do Not Speak to Insurance Companies: The nursing home facility and its insurance company may attempt to intimidate family members into not pursuing legal action, or lowball them with a settlement. Don’t communicate with these agencies without a sexual abuse lawyer present to advocate for you.
• Consult with Chicago Nursing Home Lawyers: Our Chicago nursing home abuse lawyer team works on a contingency fee basis, meaning you owe us nothing upfront. There is no fee and no obligation for a free case review.

Why Choose Our Chicago Nursing Home Abuse Attorneys

Our personal injury attorneys in Chicago are passionate about protecting the elderly and their loved ones from sexual abuse and neglect. Having served over 5,000 clients across the past 25 years, we have a 98% success rate and have secured over $450 million in successful verdicts and settlements.

As legal advocates, we understand the shame, fear, and trauma that arise from sexual abuse, especially against vulnerable adults. This is why we’re proud to be members of the American Association for Justice, fighting for change and holding abusive institutions accountable for their failures.

When you work with Rosenfeld Injury Law, you receive personalized attention from a compassionate and trauma-informed lawyer who is committed to your case. Contact us 24/7 at (888) 424-5757 or use our online form to schedule your free consultation. 

Sources: Law.com