Oftentimes, elderly adults require specialized care, which requires their families to make the difficult decision of placing them in a nursing home. Unfortunately, the elderly are commonly abused in the nursing homes that their families have struggled to place them in. If you suspect that your loved one may be experiencing nursing home abuse, contact compassionate attorney Robert J. Rooth of The Rooth Law Firm to learn how to stop the abuse.
Common Signs of Nursing Home Abuse
According to the NCOA, 1 in 10 Americans age 60 or older has experienced some form of elder abuse. There are four common signs of nursing home abuse that should never be ignored but are commonly overlooked. Family members of nursing home residents should be vigilant for
- Physical Injuries
- Medical Complications
- Behavioral or Mood Changes
- Staffing Issues (i.e. verbal complaints, conflicts, etc.)
If any of the aforementioned signs are observed, immediate action must be taken to prevent further abuse or neglect.
What Can I Do If I Suspect Nursing Home Abuse?
If you suspect that your loved one is experiencing nursing home abuse or neglect, you must contact the regional ombudsman for the region or county where the nursing home facility is located and file a complaint. After a complaint is made, the Department of Public Health Enforcement will conduct an investigation, and if abuse and/or neglect are confirmed, civil and criminal penalties will apply. If it is confirmed that the nursing home committed abuse, nursing home victims and their families have a right to sue the nursing home.
Nursing Home Care Act
There are federal and state laws in place that prohibit nursing home abuse. Specifically, the
Illinois Nursing Home Care Act grants nursing home residents legal rights and protections from any type of intentional abuse. Accordingly, nursing home residents have the tools that enable them and their families to hold the nursing home accountable for their failures when their rights are violated.
The Nursing Home Care Act includes a bill of rights that guarantees nursing home residents protections, specifically the right to be free from neglect or abuse from a nursing home. Nursing home neglect occurs when a nursing home fails to provide appropriate medical treatment, personal hygiene, or help with activities of daily living that prevent the resident from harm or suffering. If a nursing home violates the Nursing Home Care Act, the victim or their family may have the right to sue the nursing home.
Who Can I Sue for Wrongful Death
If a nursing home patient sustains an injury and dies while in the care of a nursing home, the family of the deceased can file a wrongful death lawsuit against the nursing home. A wrongful death lawsuit must be filed within five years from the date of death or one year from the final disposition date of certain criminal charges. If your loved one died while in the care of a nursing home, it is important to speak with a Chicago nursing home wrongful death attorney.
A wrongful death attorney can begin an immediate investigation into how your loved one died. If it is determined that your loved died as a result of nursing home negligence or abuse, an attorney will begin the claims process to hold the nursing home and all parties accountable. Speaking with a wrongful death attorney early on can help you and your family determine what steps to take.
Speak With An Attorney
Losing a loved one can be one of the hardest things to go through in this lifetime, and losing your loved one due to nursing home abuse can be very painful. When looking for a wrongful death attorney it is important to seek out an attorney that will handle your case with compassion and understanding. Chicago nursing home wrongful death attorney Robert J. Rooth has over 20 years of experience holding nursing homes accountable. If your loved one was injured or died while in the care of a nursing home facility, contact Robert J. Rooth of The Rooth Law Firm for a free consultation.