A nursing home injury is any act perpetrated against a nursing home resident. The injury can be physical, sexual, psychosocial, or financial. In most cases, this injury could have been prevented and is therefore the result of a negligent or intentional act.

At Harvey L. Walner & Associates, Ltd., the well-being of your loved ones is important to us. We provide transportation options for our clients and access our attorneys’ cell phones so you are always able to reach us. Our lawyers are dedicated to providing you with personal service that goes beyond the office setting.

Nursing home employees have a duty to provide a certain standard of care and quality of life to each patient that resides in that nursing home. When these duties are not fulfilled and an elderly resident suffers a nursing home abuse injury, the negligent nursing home employee or the entire facility may be held liable.

Helping a loved one move into a nursing home or long term care facility can be nerve racking for anyone. There are always concerns about the care your loved one is receiving and everyone has heard the horror stories of abuse and neglect for the elderly. However, you can have peace of mind knowing that your loved one’s safety and rights are protected under the Illinois Nursing Home Care Act.  The Act was established and enacted to provide nursing home residents and their families, with the assurance that they will receive proper care and will not be subject to nursing home abuse and neglect. When we think of nursing home neglect or abuse, we often think of physical injuries.

The  Act now clarifies that nursing home residents’ rights can now be vindicated even if abuse or neglect did not result in an injury. The Act clearly states that “assistance with activities of daily living” are a category of services that, if withheld or not provided, constitute neglect. This means if a nursing home fails to provide the most basic human needs, such as hygiene, dressing, and feeding. Although these failures may not result in a serious or permanent injury they are still considered abuse and neglect.

It can be very difficult when a loved one ages to know how best to continue to care for him or her. Many people struggle with the choice of putting a parent or grandparent into a nursing home, fearing that they could become the victim of abuse or neglect. Federal and state laws require that nursing homes maintain the highest practicable mental, physical, and psychosocial well-being for their patients. Unfortunately, such cases do happen, with elderly victims suffering at the hands of their supposed caregivers.

There are four common primary forms of nursing home abuse:

Physical Abuse

  • Physical abuse is defined as the use of physical force that may result in bodily injury, physical pain, or impairment.

  • Physical abuse can range from beating, pushing, shoving to inappropriate distribution of controlled substances and force feeding.

Emotional/ Psychological Abuse

  • Emotional abuse can encompass verbal assaults, insults, threats, intimidation, public embarrassment, and harassment.

  • This type of social abuse can cause the elderly patient to exclude oneself from daily activities, be hesitant to speak up, among other long lasting traumatic effects.