Illinois nursing home abuse attorneys have handled some of the most troubling abuse that exists in our society. In the United States, many elderly are cared for in nursing homes or by professional caregivers because so many families are spread out geographically and so many adults work full time when their parents are elderly. For many families, it is just not possible to provide elder care at home. Therefore, families trust the nursing home personnel or other professional elder care providers to safely and respectfully provide care for their loved ones.
Recognize the Signs of Elder Abuse
If your parent, spouse or loved one is elderly and is being cared for by others then it is important to recognize some of the warning signs of elder abuse. Those signs include:
- Staff that are reluctant to have you or other relatives and friends visit or staff who insist on being present during your visit;
- Sudden changes the mood or behavior of your loved one that cannot be explained by his or her medical doctor;
- A patient who seems to be overmedicated or undermedicated considering the prescriptions provided by his or her physician;
- The presence of bedsores or other wounds on your loved one’s body;
- Malnourishment; and
- The unwarranted use of physical restraints.
Possible Legal Recourse
Certain types of abuse are criminal and can be prosecuted by the state. The sentence may even be enhanced if it is a crime against an elderly person.
In addition to criminal cases, an individual victim may bring a civil lawsuit against the nursing home or a care provider. Most of the lawsuits that are brought for elderly abuse are breach of contract or medical malpractice claims. Your Illinois elder care abuse attorney can help you decide which cause of action is most appropriate for you.
Breach of Contract
Most nursing home contracts contain language about the minimum standard of care which will be provided to residents. Abuse does not meet that standard of care. Accordingly, a nursing home resident may be able to file a breach of contract lawsuit against the nursing home.
Medical Malpractice
Additionally, a resident may be able to file a medical malpractice action against the nursing home where the abuse occurred. In order to be successful in a medical malpractice action, the resident (or his or her surviving family members) must prove that:
- The nursing home owed a duty of care to the resident. This is typically easy to prove since nursing homes owe a duty of care to all of their residents;
- The nursing home breached that duty of care by failing to act like a reasonable nursing home would in a similar situation;
- The nursing home’s actions were the legal cause of the resident’s injuries; and
- The resident (or survivors) are entitled to damages as a result.
Hiring an Attorney
It is important to hire experienced lawyers who are passionate about fighting elder abuse and about protecting elderly family members who are often unable to protect themselves.
Dolan Law Offices represents nursing home abuse victims throughout Illinois and the greater Chicagoland area, including Cook County, DuPage County, Lake County, McHenry County, and Will County, and the towns of Aurora, Addison, Chicago Heights, Joliet, Hillsdale, Plainfield, Rolling Meadows, Des Plains, Schaumburg, Palatine, Elk Grove Village, Hoffman Estates, Arlington Heights, Mount Prospect, Hanover Park, Streamwood, Prospect Heights, Wheeling, Wheaton, Waukegan, Inverness, Barrington, Buffalo Grove, Elgin, Bartlett, Itasca, Bloomingdale and Oak Park.
Please contact us today for a free consultation. The Chicago nursing home abuse attorneys of Dolan Law Offices will not collect a fee from you unless your case results in a monetary verdict or settlement.
