B Signs Of Emotional Abuse
Nursing home residents should have happy and peaceful days. Caretakers should help them fight against the blues, as well as building cozy environments that are gentle, warm, and kind. Sadly, the nursing home administration may find this costs money. The result will be vulnerable patients left alone and as prey for abusers.
The CDC defines emotional abuse as verbal or nonverbal behavior that results in the infliction of anguish, mental pain, fear, or distress.
Look for these signs of emotional abuse:
- Withdrawn demeanor and lack of interest.
- Acting fearful, especially of specific nurses or caretakers.
- Any verbal insults or bullying behavior by an employee.
- Isolated patients.
- Crying residents.
Do An Initial Evaluation Of The Situation
Before you go any further in the reporting process, you should assess why you want to report the suspected abuse or neglect. It may be a good idea to write a summary of what has happened. Ask yourself:
- Did I personally witness abuse or neglect of my loved one?
- Have I seen signs of abuse and neglect such as cuts, bruises or bed sores?
- Did my loved one complain about the treatment that he or she is receiving in the nursing home? Have fellow residents voiced similar complaints?
- Who has inflicted the harm my loved one has suffered?
- When did the harm occur?
The stronger you understand the foundation for your concerns, the better you will be able to communicate those concerns to the proper authorities.
You should also assess whether your loved one may be facing imminent harm. If so, you should take steps to immediately remove him or her from the facility.
Who Regulates And Inspects Nursing Homes In Illinois
There are approximately 1,200 long-term care facilities with over 100,000 residents in Illinois. Nursing homes are licensed, regulated and inspected by both the Illinois Department of Public Health and the US Department of Health and Human Services Centers for Medicare and Medicaid Services.
The IDPH oversees compliance with state and federal regulations. Each year, the department of health conducts approximately 1,300 inspections and investigates approximately 6,000 complaints of abuse or neglect in care facilities. Teams consisting of registered nurses, a nutritionist and an environmental health practitioner perform the nursing home inspections.
Inspections may include review of medical records, observation of care, inspection of the facilities and interviews with residents, staff or family member.
A list of Illinois nursing homes can be found here.
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How To Report Nursing Home Abuse In Illinois
If you are looking for a nursing home for your elderly loved one, it is critical that you conduct thorough research. Nursing home abuse and neglect are deplorably common in Illinois.
Many long-term care facilities do not take the time to perform background checks on caregivers. Some nursing homes do not supervise their staff, which is one reason why most cases of elder abuse are never reported to authorities.
A recent press release cited data from the Caregiverlist Index, which is responsible for assessing the costs and quality of the 823 nursing homes across Illinois. In 2015, more than 200 nursing homes in our state scored two stars or below out of a possible five stars and only 3.5 percent of nursing homes earned a five-star rating.
Unfortunately, all it takes is one negligent caregiver to injure a nursing home resident. If you or your loved one was a victim of elder abuse in Illinois, contact The Dinizulu Law Group, Ltd.
Taking action not only will put a stop to the abuse, but it may also save other residents from the same mistreatment. Yao O. Dinizulu is a nursing home lawyer in Chicago who will help you fight for the highest possible compensation for medical bills and other damages
Call 312-384-1920 to schedule a consultation. You can also learn more about nursing home abuse claims in Illinois by visiting USAttorneys.com.
How to Report Nursing Home Abuse in Illinois
File A Complaint With Idph
If you decide to go forward with filing a complaint with IDPH, you can do so by:
Before you file the complaint, download the IDPH Complaint Form. You can complete the form and send it to IDPH by fax or mail, or you can use the form to guide you in reporting by phone.
You should be prepared to answer questions such as:
You can file a complaint anonymously. However, if you want to receive written confirmation that your complaint has been received and to be informed of the results of the IDPH investigation, you must give your name, address and phone number.
IDPH will not reveal your identity as the one who filed a complaint unless:
- You give written permission
- Your identity is essential to the investigation
- A court case is filed by IDPH against the nursing home.
It is important to know that the facility cannot retaliate against your loved one, including harassing, discharging or transferring him or her, simply because you have filed a complaint with IDPH.
The IDPH has a legal duty to investigate your complaint. If you report suspected abuse or neglect, the IDPH investigation must complete the investigation within seven days. All other investigations must be completed within 30 days.
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How To Report Nursing Home Abuse
Youve uncovered evidence that your loved one is the victim of nursing home abuse, either due to long term neglect or physical abuse exacted by one or more nursing home staff members.
The first priority at this point is to stop the abuse and remove your loved one from the situation but you may not know where to turn or what your first step should be.
You are not alone and the information presented here should allow you to take the first steps needed to protect your loved one and then to seek the justice that you deserve from whoever harmed the person you care about.
File A Formal Complaint With The Proper Authorities
Once your parent is in a safe location, you want to hold the nursing home responsible. The problem could be systemic, or it could be the actions of a single individual. Inform the Illinois Department of Public Health of any wrongdoing. They will record and investigate your complaint using the states official procedures. Log all interactions with state officials, and keep your legal team apprised of your situation.
Everyone deserves to live out their life with dignity. Report eldercare abuse and help give them, and others, the lives they have earned.
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How To Report Nursing Home Abuse Or Neglect In Illinois
Nursing homes abuse is an all-too-common problem across the nation that leaves elders vulnerable, injured, and emotionally scarred. Studies have shown that most perpetrators are the caregiver or a family member. Incidents of abuse can usually stem from poorly trained staff members who violently lash out on residents or fail horribly to meet their needs. Fortunately, families have many options to report nursing home abuse or negligence.
Families can report suspected abuse, neglect, or exploitation by contacting:
- Local police or law enforcement
- Nursing home administrators
- Illinois State Police Medicaid Fraud Unit
If you suspect abuse, its important to contact someone right away rather than letting a loved one stay in a possible abusive situation. Nursing home abuse often goes unreported due to fear, embarrassment, or because a resident is unable to communicate how they feel. Unfortunately, nursing home administrative staff are not always responsive to complaints. Some administrators may not want to report cases of abuse or neglect to the authorities out of fear that their nursing home will undergo a costly investigation. If you suspect that someone is in immediate danger, call 911 immediately dont wait until a tragedy occurs.
An ombudsperson handles a variety of concerns, including:
- Abuse or neglect
- Lack of respect for residents
- Poor quality of care
- Improper discharge or transfer
According to the Nursing Home Abuse Center, signs and symptoms of abuse can include:
Nursing Homes Abuse And Neglect
The Illinois Nursing Home Care Act imposes strict requirements on nursing homes regarding the care they must provide to their residents. The most important right created by the Act is the right for residents to be free from abuse and neglect. Unfortunately, nursing homes are often understaffed and underfunded, resulting in residents suffering injuries such as bedsores, infections, falls, and malnutrition and dehydration.
If you or someone you love has been injured in a nursing home, you are entitled to full and fair compensation for your injuries. When you work with experienced personal injury lawyer Arlo Walsman, you can rely on his experience and zeal to get you the justice you deserve. Call Arlo at or send him an email to schedule your free case evaluation.
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Is A Nursing Home Required To Inform Family Members Of A Covid
In light of troubling reports that nursing homes were failing to disclose COVID-19 cases, the Centers for Medicare & Medicaid Services announced that nursing homes are required to inform residents, their families and representatives when there is a positive resident or staff COVID-19 case. The notification must be made within 12 hours of a positive case.
Further, nursing homes must also report if 3 or more individuals develop respiratory issues within a 72 hour period. Nursing homes are required to report cases to the Centers for Disease Control and Prevention as well as the state departments. Updated COVID-19 cases can be located at the following website.
Cms Nursing Home Database
This database provides information about the performance of every Medicare and Medicaid certified nursing home in Illinois based on the most recent state inspection. The database also contains information reported by the nursing homes prior to the last state inspection, including nursing home and resident characteristics.
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Experienced Nursing Home Abuse Attorneys In Illinois
Did you or a loved one suffer an injury due to elder abuse or neglect at a nursing home facility? You may be entitled to compensation.
Our Illinois nursing home lawyers represent residents of nursing homes, assisted living facilities and other long-term care centers throughout Illinois.
We have the experienced required to pursue legal action against nursing homes and elder care facilities of all sizes. You can contact a member of our legal team anytime for free case evaluation and consultation.
When Is An Affidavit Pursuant To 735 Ilcs 5/2
An affidavit pursuant to 735 ILCS 5/2-622 is required in all cases where Plaintiffs seek damages for injuries or death by reason of medical, hospital or other healing arts malpractice. Importantly, an affidavit is required for each defendant. For example, a lawsuit may include a hospital, physician practice and physician. A separate affidavit is required for each named defendant.
However, actions brought under the Illinois Nursing Home Care Act do not fall within this requirement, unless the action is claiming wrongful death. Therefore, a lawsuit brought under Nursing Home Care Act that does not involve a wrongful death claim will not require an affidavit.
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National Center On Elder Abuse
Established in 1988, the NCEA connects seniors to resources that can help them if abuse occurs.
While the NCEA does not investigate reports of abuse, it offers advice and resources for seniors who have been harmed.
The NCEA also conducts its own research into elder abuse and works to educate the public about the issue. To learn more, visit the NCEAs official website.
Get help reporting nursing home abuse. Our trusted advocates are standing by to answer your questions. Call to get started.
The Root Cause Of Illinois Nursing Home Abuse & Neglect: Understaffing
The root cause of most nursing home abuse in Illinois is staffing. Low staff numbers across Illinois equates to less hands to help and less eyes to supervise high risk residents. This causes more accidents and negligence inside the facility.
While this issue remains a problem across the country, Illinois is particularly vulnerable because it is one of only a few states that does not allow nurses from outside the state to come in and work under their existing licenses. Thus, Illinois nursing homes rank last in the country in terms of total staff hours spent per resident.
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Criminal Vs Civil Elder Abuse Cases
There are two ways elder abuse can be prosecuted in Illinois: criminal or civil. Each form of law has its own definitions as to what constitutes elder abuse, according to the state. The primary difference between a criminal and civil case is that a criminal case is brought about by the government and a civil case is brought about by a citizen.
Criminal elder abuse in Illinois includes:
Civil cases usually involve claims such as:
- Financial exploitation
- Identity theft
Nursing Home Neglect In Illinois: Everything You Need To Know
Discovering that your mother, father, or other family member was neglected requires a response. Nursing home abuse is never acceptable and nursing homes must be held accountable.
If you know your family member was neglected by a nursing home or if you suspect elder abuse has occurred, this article can help you find answers to questions and the right nursing home neglect attorney near you.
In this Article
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What To Do After Filing A Nursing Home Complaint
Get in touch with a Lawyer. After filing a complaint with IDPH, you should reach out to an attorney to make sure your loved ones rights are fully protected. The attorney can help guide you through the future investigation and can even conduct an independent investigation.
A Nursing Home Attorney can also discuss your legal options for filing a lawsuit against the nursing home for its conduct.
What Is Required To File A Medical Malpractice Lawsuit
A medical malpractice lawsuit is unique from other personal injury actions because this lawsuit requires a supporting affidavit. Illinois Healing Arts Malpractice Act requires an affidavit from the attorney and health professional.
In Illinois, the Code of Civil Procedure requires a Plaintiff alleging a medical malpractice case must file an affidavit complying with the requirement of 735 ILCS 5/2-622 . A proper affidavit must meet numerous requirements including: the affidavit must be completed by a qualified healthcare professional the affiant must be knowledgeable in the relevant subject matter the affiant must have practiced or taught within the past 6 years in same area of health care or medicine at issue in the action meets the expert witness standards set forth in 735 ILCS 5/8-2501 affiant has reviewed the relevant medical records and the affiant concludes there is a reasonable and meritorious cause for filing the lawsuit. Specifically, the requirements are as follows:
Obtaining a sufficient affidavit that conforms to all requirements is an essential step in the litigation process. Retaining an expert is often expensive. Your attorney at The Kryder Law Group can provide you the financial resources to retain an expert and help you choose the right one.
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Available Damages In An Illinois Nursing Home Abuse Lawsuit
In addition to your influence on the facility itself, securing compensation for your loved ones suffering can keep your family protected too. Any medical bills, funeral bills, or other expenses incurred as a result of the injury can be paid off using the money recovered in your case. As you can see from the examples cited above, many nursing home abuse and neglect cases in Illinois settle in the six figures . While this money can never undo the pain that your family member endured, it can prevent your family from suffering the unfair financial burden caused by the nursing homes behavior.
There are many things that you can sue a nursing home for when trying to recover money. Some of the most common are:
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Emotional and mental distress
- Loss of earnings
- Funeral costs
These are called compensatory damages, because they seek to compensate your family for losses or expenses that you have suffered. However, if the nursing home has gone beyond mere negligence and committed gross negligence instead, you can also use the power of your lawsuit to potentially recover punitive damages. These are damages levied against the facility specifically for the purpose of punishing that location and dissuading it from behaving similarly in the future. An Illinois nursing home abuse attorney can help you to understand your options, and what kind of damages your family is entitled to pursue.
A Signs Of Physical Abuse
Patients in nursing homes are hurt every day in this country. Sometimes, its an accident. Sometimes, its intentional. There is an epidemic of rape in American nursing homes today for more on this horror, read the CNN Expose in its investigation series, Sick, dying and raped in Americas nursing homes, written by Blake Ellis and Melanie Hicken.
The CDC defines physical abuse as the intentional use of physical force that results in acute or chronic illness, bodily injury, physical pain, functional impairment, distress, or death. The CDC defines sexual abuse as forced or unwanted sexual interaction of any kind with an older adult.
Here are some things to look for:
- Physical injuries of any kind.
- Delayed reporting of an injury to the resident.
- Any burn or bruise.
- Bruising patterns: repeated strikes with a belt or cord will leave a specific series of marks on the skin.
- Stoic response to pain. Victims of repeated abuse will stop responding to the pain as a defense mechanism.
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