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You should not need to feel unreasonably anxious about a loved one’s health and safety when you move a loved one into a nursing home. Unfortunately, neglect and abuse do occur in these facilities, often with devastating consequences.
The state of Illinois has enacted laws to protect the infirm and elderly from harm, and assistance from a skilled personal injury attorney could be key to enforcing them. If you believe your family member has fallen victim to maltreatment in an assisted living facility, an Evergreen Park nursing home abuse lawyer might be able to help you set things right. En Español.
The Adult Protective Services program within the Illinois Department of Aging received 16,507 reports of abuse, neglect and financial exploitation in 2017. Sixty-seven percent of victims were female, and 33 percent were male.
After financial exploitation complaints, the majority of reports concerned physical abuse, emotional abuse, and passive neglect. About 20 percent of those harmed by elder abuse are age 86 or older, and elderly victims generally reported more than one type of injury. An Evergreen Park nursing home abuse attorney may have experience handling cases that center around financial exploitation, passive neglect, or physical and mental mistreatment.
Before filing a personal injury claim, it is usually essential to be mindful of the statute of limitations on nursing home abuse actions. Under 735 Illinois Compiled Statutes 5/13-202, claims must generally be filed or settled within two years of the date when the injured party realized the harm.
In certain circumstances, this statutory period may be longer than two years. A nursing home abuse lawyer in Evergreen Park could provide further guidance on whether such an exception applies to a particular case.
The Nursing Home Care Act regulations in 210 ILCS 45/2-101 through 2-115 enumerate the rights of a nursing home resident to be free from neglect and abuse from nursing home workers. A skilled lawyer may be able to assist with claims alleging violations of any of these rights.
Under 210 ILCS 45/2-102, for example, a nursing home resident may manage their own finances, unless they—or their legal guardian—declare in writing that the nursing home facility administration may do so. Residents of nursing homes are also entitled to keep and use their property in their immediate living quarters under 210 ILCS 45/2-103.
One exception applies when medical reasons make retention of certain property inappropriate. Otherwise, nursing home administrators must provide a means to safeguard small items of value under this statute and are required to investigate claims of missing items of value.
Nursing home residents are furthermore protected under 210 ILCS 45/2-105 with regard to respect and privacy in their medical and personal care programs. 210 ILCS 45/2-106 likewise protects residents from the use of unreasonable restraints.
Abuse in elder care can range from financial misappropriation to physical or emotional mishandling. Depending on the circumstances, the mistreatment of the elderly within such a facility can result in a combination of serious injuries.
If you believe that you or a loved one has a possible claim for elder care abuse, an attorney may able to offer some advice. Contact an Evergreen Park nursing home abuse lawyer today for more information.