Safeguarding Senior Citizens: Exploring Nursing Home Abuse Lawsuits in Chicago, IL

It’s heartbreaking to realize that those who are meant to care for your elderly loved one - those who went to school to heal and protect others - may be the very ones preying upon them when they are at their most vulnerable. Abuse in nursing homes is devastatingly widespread, with some estimates being as high as one in three residents experiencing some form of harm. 

According to the World Health Organization, over 64% of nursing home staff have admitted to perpetrating at least one form of abuse to one of their patients, with psychological abuse being the most prevalent of these crimes. The situation is only exacerbated by an aging population combined with understaffing, which means that more vulnerable individuals are under the supervision of increasingly fewer qualified personnel. 

No matter how carefully you analyze the nursing home in which you will be placing your loved one, it’s sadly likely that they will experience some form of violence against them. So what do you do to highlight and punish these crimes? Today, we’ll discuss the facets of when you need to hire a nursing home abuse lawyer and how to hire one, as well as what to expect from a successful trial. 

 

These cases are more difficult than other civil litigation because they involve a highly vulnerable plaintiff

While any personal injury lawsuit involves harm done to a person, the level of danger can differ immensely: a relatively healthy 30-year-old who was injured in a car accident still deserves compensation, but they will not be at as much risk as an 80-year-old woman with dementia who was dependent upon her abusers. As such, the primary goal of a nursing home abuse case is to get the elderly individual to a safe place before finding ways to hold the facility responsible. 

Another issue is that it is often those patients who have the least ability to advocate for themselves who are harmed by nursing home staff, and this makes it very hard to advocate for them on the stand, too. They may not be reliable witnesses due to dementia, or they may find it difficult or impossible to answer questions in front of a jury. The legal process is stressful for anyone, but it is especially so for a traumatized individual who is already in poor health, so the lawyer will likely push harder than normal for an out-of-court settlement in order to spare your loved one the strain of going to court.

 

Nursing homes are also held responsible by regulations that can prove as useful evidence in a lawsuit

As with other medical facilities, nursing homes are required to adhere to certain standards of care which are determined by their licensing agency; these can be incredibly precise, from how many staff should be there per patient to how often the facility should be cleaned. If there is evidence of violations, the nursing home can be fined or even shut down entirely - and this record can be used in an abuse lawsuit to get justice for victims.

Given how carefully regulated the industry is, there are a number of avenues by which a lawyer can prove abuse, as well as a variety of experts they can consult for more insights into the nature of the case. Your law firm may contact geriatric specialists, doctors and nurses, as well as members of the licensing agencies in order to learn more about the facility’s failures in their duty of care toward your relative. While no lawsuit is cut and dry, especially a personal injury lawsuit, having a number of different professionals who can provide advice is incredibly advantageous to the plaintiff.

 

Bringing forth a lawsuit may not just help your family, but many others too

Regardless of whether the case goes to trial or not, you can expect financial compensation if your argument is successful. This could come from a negotiation out of court, or it may be awarded by a judge after a verdict in your favor. This compensation will include payment for medical bills as well as non-financial factors such as pain and suffering or emotional distress. 

This is incredibly important for the well-being of your family, but your bravery in bringing forth a lawsuit can have positive implications for people you may never even met: litigation can force a nursing home to make changes if they want to stay in business. This may include firing staff that was found liable and reporting them to a licensing board, making updates to the facility to ensure better care, and adjusting their policies to provide better oversight on individual staff. While this will never erase what happened to your loved one, it can prevent the same catastrophe from befalling other innocent elderly individuals ever again.

You want the best for your loved one, just like everyone else who places their trust in nursing home staff, but you may find it necessary to go to court and hold people responsible for failing your relative. With the help of a great lawyer, you can make positive changes for everyone associated with that nursing facility, as well as ensure your loved one can recover from the trauma of their abuse.