Why Filing a Nursing Home Abuse Claim is Good for Victims and Other Patients
by
Accident & Injury Personal Injury
Summary: Frail and vulnerable seniors confined to nursing homes should be protected and treated with respect; unfortunately, they are sometimes victims of abuse or neglect that can result in severe injury or even death.
Illinois nursing home residents are protected under both federal and state laws that make nursing homes liable, both civilly and criminally, if they fail to uphold the rights and protect the health and safety of their residents. Nursing home personnel are required to immediately report incidents that involve suspected abuse, but according to a government audit, more than one in four cases of possible sexual and physical abuse against nursing home patients go reported.
When abuse against the elderly is not reported, perpetrators can continue to abuse that victim and others. Anyone who suspects a situation of nursing home abuse has a duty to report it, and family members of victims can also file a legal claim of abuse or neglect against a nursing home or their staff. Filing a claim is beneficial because doing so results in greater accountability for nursing homes, stops the abuse, protects the victim, and prevents other residents from being similarly abused in the future. In addition, a successful lawsuit means victims and their family may be awarded damages.
What Is Abuse?
On January 1, 2012, a new Illinois state law ((320 ILCS 20/) Adult Protective Services Act) took effect. It defined
abuse as “causing any physical, mental or sexual injury to an eligible adult, including exploitation of such adult's financial resources.”
Abuse can take many forms, including:
- Financial elder abuse – when a person in a position of trust takes an elderly person’s property using deception or intimidation or illegally uses their assets or resources for financial gain
- Physical elder abuse – infliction of pain or injury, such as hitting, kicking, punching, and assault and battery
- Sexual abuse – sexual contact with a person who is unable to consent or understand or is threatened or forced to comply
- Emotional abuse – threats of physical harm, harassment, intimidation, or verbal assaults
- Confinement – isolating or restraining an elderly person except for medical reasons
- Neglect – failing to care for an elderly individual or purposely withholding medications, shelter, food, clothing, and medical care
- Willful neglect – purposely denying a senior citizen shelter, food, clothing, medical care, medication, or any other necessities.
Charges for abuse may be criminal or civil, depending on the situation. Civil nursing home neglect allegations can include:
- Malnutrition
- Dehydration
- Wandering off/elopement
- Bedsores
- Improper restraints
- Falls
- Wrong medications
- Wrongful death.
What are Protections for Nursing Home Residents?
The Illinois Nursing Home Care Act (210 ILCS 45) protects the safety and rights of nursing home residents. The NHCA establishes both the rights of residents and the responsibilities of facilities to protect residents from nursing home abuse and neglect.
Under the Act:
- "Abuse" means “any physical or mental injury or sexual assault inflicted on a resident other than by accidental means.”
- "Neglect" means “a facility's failure to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living that is necessary to avoid physical harm, mental anguish, or mental illness of a resident.”
- "Misappropriation of a resident's property" means “the deliberate misplacement, exploitation, or wrongful temporary or permanent use of a resident's belongings or money without the resident's consent.”
The Act sets out residents' rights, which include these rights:
- to remain free from abuse and neglect
- to complain
- to have their own clothing and personal property and adequate storage space for same
- to access and look over all medical records related to their care
- to choose their own doctor
- to be informed of potential consequences of medical treatment
- to refuse medical treatment
- to examine or have their appointed caregiver examine their medical records
- to manage their own finances
- to be free of physical restraints or to agree to same if medically warranted
- to freedom of communication
- to freedom of religion.
If any of these rights are violated, residents or their representative can file a lawsuit under the NHCA.
Filing a Nursing Home Abuse Claim
When a facility violates the NHCA, the abuse or neglect should be reported to the Illinois Department of Public Health, which is in charge of enforcing the Act and making sure all long-term facilities are in compliance.
In addition, the NHCA allows recovery for damages that are caused by the actions or inaction of the nursing home and for court costs, punitive damages and attorney fees.
Under the Illinois Survival Act (ISA), if residents die before the lawsuit is decided, survivors can still recover damages under for pain and suffering experienced prior to the resident’s death.
If you believe that a loved one was harmed or injured because of nursing home abuse or neglect, you may be entitled to compensation, and you should contact an experienced Illinois trial attorney.
