Do I or my loved one have a case for nursing home malpractice?
If you are unsure whether you or a loved one has a valid nursing home malpractice claim, contact the lawyers at Katzman & Sugden, LLC for a free consultation. We will review your possible case at no charge and will assist in giving your case immediate attention. We strive to give you an honest assessment of the case and explain all the options you have.
How much does it cost to hire an attorney to represent me for a nursing home malpractice case?
Absolutely nothing. At Katzman & Sugden, LLC, our initial consultation for nursing home malpractice cases is 100% free of charge. If you hire our office to assist you, we will work on a contingency fee basis, meaning we don’t get paid unless you get paid. There is no hourly fee and no upfront retainer cost for nursing home abuse & neglect cases. We are always available to discuss your case and since your case is being handled on a contingency fee, there is no additional charge to you. There is nothing to lose by scheduling a consultation to speak with our office if you believe you or a loved one has been a victim of nursing home malpractice.
What are the signs of nursing home abuse and neglect?
Nursing home facilities are supposed to be places where loved ones with health care needs can get the attention and treatment they need. We also expect them to be places where our loved ones are treated with dignity and compassion.
Unfortunately, that doesn’t always happen. In facilities across the state, there are nursing home residents who are victims of abuse and neglect. Because these victims cannot always speak up or fight back, it can be up to family members to take action to protect them. This means keeping an eye out for signs of mistreatment or poor care in a nursing home.
Physical signs of nursing home neglect or abuse
Physical signs of abuse or neglect are perhaps the easiest to spot. Keep an eye out for:
- Bed sores
- Bruises
- Marks from restraints
- Dehydration
- Over-medication
- Unexplained injuries
Emotional signs of abuse or neglect
The signs of abuse or neglect are not always in the form of physical injuries. A person exhibiting the following emotional signs can be the victim of abuse.
- Fear of staff members
- Significant declines in mental health
- Withdrawal from previously-enjoyed activities
- Increased emotional distress and anxiety
- Dramatic changes in eating, sleeping or speaking habits
Other signs of improper care
Other signs that a facility or staff member is failing to provide proper care include:
- Insufficient staff levels
- Dirty, dangerous common areas
- Staff member inability or unwillingness to answer questions
- Long response times to call buttons
While one of these signs alone may not indicate abuse, it could be a red flag that family members should note and follow up on. Keeping track of this information can help you get a better picture of the care your loved one is — or is not — receiving.
If you believe your loved one is at risk for elder abuse, taking action immediately will be crucial. This includes being diligent and documenting instances of mistreatment, filing a report and examining the options for taking legal action.
What protections do nursing home residents have?
The Illinois Nursing Home Care Act is designed to protect and ensure the safety of residents in nursing homes. The Act (210 ILCS 45/) specifically sets forth requirements for nursing homes, including but not limited to:
- The rights of residents
- Responsibilities of the long-term care facility
- Licensing
- Enforcement
- Violations
- Penalties
The Illinois Nursing Home Care Act also extensively addresses the rights of residents in nursing homes, including but not limited to the right to:
- be free from abuse and neglect
- manage their own financial affairs
- medical care by the doctor of their choice (at their own expense)
- access and review their medical records (their family also has this right)
- refuse medical treatment
- keep their clothing and other personal items in their room
- religious freedom
- phones, mail, and to receive visitors
- be free from unreasonable restraint
What damages are available in a nursing malpractice case in Illinois?
If you or your loved one has been abused or neglected in a nursing home, they may be entitled to compensation. The primary damages available in an Illinois medical malpractice case include medical expenses, lost wages, pain and suffering, loss of enjoyment of life, wrongful death, and loss of consortium. The amount of damages recoverable often depends on the severity and permanency of the injury.
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
- Wrongful death
- Loss of consortium
- Possible punitive damages
- Possible attorney’s fees
Three factors that make it difficult to report nursing home abuse
If your loved one is in the care of an Illinois nursing home, you play a role in the safety and well-being of that person.
Someone in this role can be especially crucial if a patient is the victim of abuse or neglect in a nursing home. Unfortunately, this happens far more often than anyone would hope, as nursing home residents are particularly vulnerable to abuse. Further, reporting abuse in this setting can be extremely difficult for at least a few reasons.
A patient’s cognitive impairments – As this article notes, many nursing home patients suffer from cognitive impairments, like dementia or Alzheimer’s disease. Those with these conditions can suffer confusion or forget about an abusive event. This makes it virtually impossible for them to report abuse.
Infrequent visits from loved ones – If someone doesn’t have visitors or consistent contact with people outside a nursing home, he or she can be a target for abuse or neglect. Not only is there a lower risk of someone noticing and reporting troubling signs of mistreatment, but it can also be easier to normalize such conduct when a person has little or no contact with people outside of the facility.
Verbal, emotional limitations – Elderly patients can experience conditions that make it difficult for them to talk or express themselves. And in some cases, facilities over-medicate patients to keep them subdued or compliant. When people cannot speak up, get upset or otherwise protect themselves, they may not be able to defend against misconduct. If they cannot defend themselves, they may not think they have grounds to file a complaint.
These and other limitations make it very difficult — if not impossible — for a victim of nursing home abuse and neglect to report misconduct.
Therefore, loved ones can be the best chance a patient has when it comes to stopping such traumas and holding accountable the abusive parties. If your loved one is in a nursing home, know that you can be a vital protector. You can do this by checking in with that person regularly, keeping an eye out for signs of abuse and taking seriously any abuse or neglect complaints your loved one may have.
How misusing medication in nursing homes harms patients
When a loved one is in a nursing home, we expect the facility and staff to provide the care and environment we cannot. We expect our loved one to receive compassionate, knowledgeable medical attention as well as adequate support and supervision. And we expect this all to be done with a respect for medical and legal standards.
Sadly, this doesn’t always happen. For instance, some nursing homes use powerful medication to chemically restrain patients — sometimes, without consent.
Crossing the line
Nursing home patients often suffer from conditions like dementia that require medication and medical attention. They can be agitated, confused, delusional and in pain, and there are numerous medications can that properly alleviate the symptoms to help the patient feel better.
However, as noted in this Washington Post article, roughly one in 6 patients were given antipsychotic drugs without an approved diagnosis last year. In other words, facilities often administer powerful medications to residents, even when they do not have a condition warranting such powerful drugs.
Why overmedicate?
Typically, facilities misuse medication as a means of controlling patients, as opposed to treating a legitimate condition. Many drugs have sedative properties that make patients sleepy and easier to manage. If a patient is sleeping or no longer able to resist attempts to bathe, for instance, workers struggle less on the job.
However, this practice or improperly medicating patients has devastating outcomes. Residents can suffer malnutrition and worsened medical conditions when they are improperly medicated. They can also experience isolation and neglect.
What should loved ones do?
Information is perhaps the most powerful tool when it comes to ensuring a loved one is receiving proper care in a nursing home. As a loved one, you should know what medications a patient is on, as well as any serious warnings associated with the drug. You should also know what type of effect the drugs have on your loved one by visiting him or her at various times throughout the day.
If your loved one’s condition is inexplicably worsening, or if you discover staff members are giving him or her medication without informed consent, legal action may be justified. Discussing the potential legal remedies with an attorney in these situations can be vital.
What should I do if I or my loved one is being treated improperly at a nursing home?
If you believe someone you know or love in a nursing home is experiencing neglect or abuse, it is important to obtain as much information as possible. Health and safety are the most important things. Ask questions and make complaints to the staff and administrators at the nursing home. If possible, take photographs of any conditions or injuries you believe were caused by the nursing home. Reporting a situation to the Illinois Department of Public Health (IDPH) can initiate the process of getting your complaints investigated.
If you or a loved one has suffered an injury or untimely death while a resident at a nursing home, you will unfortunately be faced with grief, anger, frustration, and unanswered questions. The nursing home abuse attorneys at Katzman & Sugden, LLC have successfully guided many families through medical malpractice cases. We are here to guide your through the process of holding negligent nursing home employees accountable, answering your questions, and fighting for your family’s rights both inside and outside of the courtroom. As skilled negotiators and litigators, we are prepared to confront nursing homes and insurances companies in fighting for the compensation you rightfully deserve. At the same time, we are compassionate and empathetic in understanding the difficulty your family is experiencing.
