Nursing home abuse often goes unreported due to the patient’s mental health and vulnerability. It can be difficult to detect abuse or neglect because family members are not present 24 hours a day. It also can be difficult to prove allegations of abuse because the nursing home resident may be unable to testify due to mental health issues such as dementia, or because the resident is no longer alive. That being said, there are laws that protect the rights of residents in order to protect them from cases of abuse or neglect, and anyone suspecting a loved one is being abused in an Illinois nursing home should consult with a dedicated personal injury attorney.
Protections for Nursing Home Residents
There are different statutes and regulations that protect the rights of senior citizens and nursing home residents. A central statute in Illinois is the Nursing Home Care Act (NHCA). The Act establishes a resident’s “bill of rights” and creates a system to resolve claims under the Act. Under the NHCA, nursing homes are liable to residents for any intentional or negligent act or omission that causes an injury to a resident. Neglect is defined as a facility’s failure to provide adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living necessary to avoid physical harm, mental anguish, or mental illness for a resident.
In some cases of nursing home abuse, evidence of the abuse is obvious. More often, signs of abuse or neglect are not obvious, but there may be subtle clues. Some of these clues include signs of malnutrition, dehydration, or poor hygiene, or the presence of bruises, bed sores, and injuries from frequent falls.
Woman Beats Nursing Home Patient, Leaves Patient Traumatized
A woman was recently sentenced to one year in prison after she assaulted a nursing home resident. According to one news source, the woman, who was 20 years old and was a nurse’s aide at the home, attacked the 85-year-old nursing home patient. The patient had suffered a stroke and was mostly paralyzed, making it difficult for her to defend herself.
According to the patient’s daughter, the woman punched her mother in the face, threw a glass of water on her, and threatened her. Her mother’s eyes were black and swollen, and her skin and clothing was torn. There was also a bloody pillowcase on the floor. The daughter explained that her 85-year-old is constantly scared of being attacked again. She said her mother had to have someone sit with her all night for several months after the incident, and she also had to move to another nursing home, leaving her sister behind. The daughter spoke at the woman’s hearing through tears and urged others who have loved ones in nursing homes to check on them every day.
Discuss Your Claim with a Chicago Lawyer
If you are considering a negligence claim, a malpractice claim, or even an assault claim, the Chicago attorneys at Moll Law Group can help you explore the scope of your options. We represent nursing home residents and their families in Naperville, Schaumburg, Wheaton, and communities throughout Cook County. Billions of dollars have been recovered in case in which we were involved. Contact us through our online form or call us at 312-462-1700 to schedule a free consultation.
See More Posts:
Supreme Court to Hear Important Case on Nursing Home Care Agreements, Illinois Injury Lawyer Blog, February 20, 2017.
Trolley Accident in Philadelphia Injures Nearly 50, Illinois Injury Lawyer Blog, January 30, 2017.
Plaintiff’s Award Initially Reduced Due to Insurance Coverage but Restored on Appeal, Illinois Injury Lawyer Blog, February 6, 2017.Lawyer Blog, February 6, 2017.