NURSING HOME NEGLIGENCE FAQS
- Can I move my relative to a different nursing home?
- How much is my case worth?
- Will my case end up in court?
- What are signs my loved one has been abused or neglected?
- How does nursing home abuse and negligence happen?
- Who can be held liable?
- How do I find a safe nursing home?
Yes. If you suspect abuse or neglect, or simply aren’t happy with the level of care, you can move your loved one to another facility. Or you can arrange for your loved one to be taken care of at home with a home-health service or live-in nurse. There are other factors to consider, such as your loved one’s condition and cost. But if your loved one has been subject to abuse or neglect, we may be able to help you recover damages. One of our attorneys can help you review all your legal options.
That depends on the circumstances of your case. Factors to consider include the type of abuse or neglect, how long it went on and the injuries sustained by your loved one. We will also consider the medical expenses for your loved one related to the abuse or neglect, as well as emotional distress and pain and suffering. Once we ensure your loved one is healthy and safe and receiving necessary care, we can help you determine the amount of compensation you can seek for such injuries.
Not necessarily. Many times, we are able to negotiate a favorable settlement with the insurance company. But we are prepared to fight your case in court if that’s what it takes. Either way, we will investigate what happened and build the strongest possible case. We will gather the evidence you need to prove there was abuse or neglect. These cases can be complicated and often take time to resolve. But our focus is always on getting the best possible outcome for you and your loved one.
The signs of nursing home abuse and neglect can vary depending on the circumstances under which a loved one has been abused. In some instances, a loved one may exhibit physical signs of abuse, such as bedsores, unexplained cuts and bruises, infection, rapid weight gain or weight loss, broken bones or even a brain or spinal cord injury. Other times, such as when a resident suffers emotional abuse, he or she may exhibit signs of anxiety and depression, agitation, withdrawal or sudden changes of mood while around family members or friends.
Abuse and negligence can occur for a variety of reasons. It’s common for corporate nursing homes to reduce staff to maximize profits. When staffing is at a bare-bones level, workers often can’t properly care for all the residents. As another cost-saving measure, nursing homes might hire low-paid unskilled or untrained workers instead of staffing the facility with seasoned, trained employees. In other cases, a nursing home may fail to conduct a background check on an employee with a history of violence or documented instances of abuse or neglect.
The consequences of these questionable decisions by nursing homes can be grave. Nursing home abuse or neglect may occur as a result of a staff member who fails to monitor his or her patients or maintain a safe and sanitary workplace environment. Nursing home administrators may fail to address hazardous situations or address instances where a staff member physically or sexually assaults a resident or a resident is injured due to the behavior of another resident at the nursing home.
If you suspect abuse occurred at a nursing home or assisted living facility in Illinois, multiple parties may be held liable for a loved one’s injuries or wrongful death. At Deratany & Kosner, our experienced legal team can launch an investigation into nursing home administration, managers, nurses and other staff members to help determine negligence. In some instances you may have legal grounds to file a third party responsibility claim if your loved one was injured by a resident or a guest of a resident.
Choosing the right Illinois nursing home can be a difficult process. You can begin by getting referrals from places like your local agency on aging or senior citizen groups. Talk to relatives and friends about their experiences with area nursing homes. It’s also important to visit potential nursing homes for your loved one. A lot of information can be gleaned about the condition of the facility based on your own observations, such as sights, sounds and smells. It’s critical to observe how residents interact with staff members and other residents. Deratany & Kosner recommends asking a number of different questions to staff members, ranging from how residents spend their free time to whether a facility has a history of safety violations.