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.

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.


Financial Exploitation


This type of abuse refers to taking advantage of the elderly patients possessions. It is defined as improper use or distribution of the patient's funds, property, or assets.


Some forms of financial exploitation include, but are not limited to; forging a signature, convincing the elder to sign a document in a deceiving manner (i.e. contracts or a will).


Basic / Personal Hygiene Needs


The nursing home should always provide sufficient food, water, and a safe clean environment.


If a nursing home fails to provide adequate time to maintaining the nursing home impeccable, fulfilling dietary necessities properly it can put an elderly patient at serious risk of capturing an infection, and not having a strong immune system to combat an illness.

If you believe a loved one could be suffering from abuse or neglect, you do have options available to you. First off, The Illinois Department of Public Health is in charge of enforcing the Nursing Home Care Act throughout the state of Illinois, and all facilities that fall under the definition of a long term care facility are required to comply with the Act.  First off you can file a complaint with the long-term care ombudsman, who is legally required to investigate your complaint and ensure that the facility complies with the acts required.  If a long-term care facility violates the Illinois Nursing Home Care Act and fails to comply can result in a more in-depth investigation, fines, and other penalties for any violations found.

To learn more about the options you have when you suspect that your family member could be the victim of nursing home abuse and neglect, we recommend consulting one of our experienced attorneys.