Each year in the United States there are over one million reports of elder abuse by nursing home staff. This number is growing rapidly due to the expansion of the elder population in the U.S.

Approximately 34 million people who are now over the age of 65 need assisted living services. According to numerous studies reported by the National Center for Elder Abuse, the most common type of elder abuse is the general neglect of basic needs. The second most common type is intentional abuse including physical, mental and sexual abuse.

Nursing home residents are among society's most vulnerable members. As a skilled Chicago Nursing Home Abuse Attorney, I am passionately committed to improving the quality of nursing home care and holding nursing homes accountable for substandard care and conduct through litigation. I fight for the legal rights of nursing home abuse victims and am dedicated to representing clients throughout the Chicago area and Illinois within the following areas:

• Nursing Home Neglect
• Injury/Tort
• Criminal Defense
• Civil Rights
• Wrongful Death

General neglect occurs when the staff has a lack of interest for the well-being of the elderly by not providing basic necessities such as food, water and shelter.

This form of neglect can also lead to more serious forms of disorders such as bed sores. Bed sores are ulcers caused by a constant amount of pressure on a specific area of the body. Bed sores vary in severity often first appearing as persistent red areas on the skin. If left untreated, these sores can develop ulcers that reach the muscle, bone or tendon. The elderly have a higher risk of developing bed sores due to thin skin, malnutrition and poor circulation. This type of neglect is easily preventable, but reversing the damage becomes increasingly difficult if bed sores are left untreated.

Intentional abuse of nursing home residents by a staff member or other resident includes physical, mental and even sexual abuse:

• Physical abuse may be one of the most visible types of violations seen. This type of abuse is often seen in the form of bruises, broken bones and cuts.
• Mental abuse in nursing homes is harder to uncover due to the fact it cannot be visibly seen by family members. This form of abuse can be just as harsh as physical abuse and occurs when there is verbal harassment, intentional neglect and isolation from friends and family.
• Sexual abuse in nursing homes can be forced by staff members or other residents in the facility. These types of incidents range from sexual intercourse (vaginal or anal), inappropriate photography or forced nudity.

When faced with nursing home abuse, residents and family member are often left feeling confused and angry over the violation of trust by these facilities. As a respected Chicago Nursing Home Abuse Attorney, I specialize in uncovering abuse and can help you regain your power by protecting the legal rights of you and your loved one.

Case Study:  Nursing Home Record Settlement of $2.7 Million
One of my clients trusted a nursing home to attend and monitor her mother, Veronica (name changed to protect privacy), but discovered neglect instead. Veronica was admitted to the nursing home for extended rehabilitation following a surgical repair. While at the nursing home, she developed pressure sores, also known as bed sores, that progressed to the worst and final stage. Sadly, Veronica's sores took four years to heal. Veronica's daughter contacted my office to investigate the nursing home's negligence. My Firm, along with local counsel, found that the nursing home and staff failed to appropriately assess, prevent, and treat pressure sores that developed on Veronica's body while she was a resident at the home.

After filing a lawsuit and further research and inquiry, the nursing home employees admitted that due to understaffing, they could not timely turn and reposition Veronica. In fighting to protect Veronica's rights, my Firm resolved the case and obtained a settlement of $2.7 million.

If you or someone you know in Illinois needs the assistance of an experienced Chicago Nursing Home Abuse Attorney, call William Pintas today at 800-310-2222, or complete the contact form provided on this site to schedule your free consultation.

Practice Areas And Legal Definitions

Nursing Home Neglect:
Americans are living longer than ever before. The fastest growing segment in the United States is the elderly population. As a result of this demographic shift, many elderly Americans have become residents of nursing homes during their final years. As many of these nursing homes are under-funded and understaffed, a disturbing incidence of neglect and abuse is being reported. Injuries sustained by nursing home residents due to neglect and abuse often involve the inappropriate use of physical restraints, joint contractors, overuse of sedatives, unnecessary use of urinary catheters, loss of mobility, pressure sores and lack of nutrition with weight loss.

Nursing Home Liability:
Sadly, when people age, they become more vulnerable to abuse, neglect and exploitation. Some older people opt to move into nursing homes or long-term care facilities to ensure that they are well cared for and will be protected from the effects of their deteriorating physical and/or mental conditions. In these settings, however, older people are sometimes actually physically and/or psychologically harmed by the negligent or intentional acts of their caregivers.

Many people in the U.S. discount the feelings and rights of the elderly because they associate aging with physiological, psychological and social disability.  Senior citizens should be allowed to live out their lives free from pain, suffering and distress caused by the negligence or abuse or others. One could argue they have an even stronger right to live in peace and comfort than any other segment of society, given the contributions they have made to society over their many years.

In institutional settings, several factors have been shown to contribute to the abuse or neglect of residents, including poorly qualified and inadequately trained staff, staff with a history of violence, inadequate numbers of staff, the isolation of residents and the known reluctance of residents to report abuse out of embarrassment or fear.

For all of these reasons, it is both an honor and a challenge for William G. Pintas & Associates to represent the elderly in personal injury litigation. Specifically, these cases present the challenge of overcoming a tendency on the part of others, including insurance adjusters and even physicians, to discount an elderly person's injuries and the diminished quality of life that results from them. With an attorney's thorough investigation and effective presentation of the losses sustained by an elderly client, however, insurance adjusters and jurors can be convinced to fully compensate injured senior citizens.

Nursing Home Negligence:
Americans are living longer than ever before. The fastest growing segment in the United States is the elderly population. As a result of this demographic shift, many elderly Americans have become residents of nursing homes during their final years. As many of these nursing homes are under-funded and understaffed, a disturbing incidence of neglect and abuse is being reported.  Injuries sustained by nursing home residents due to neglect and abuse often involve the inappropriate use of physical restraints, joint contractors, overuse of sedatives, unnecessary use of urinary catheters, loss of mobility, pressure sores and lack of nutrition with weight loss.

Nursing Home Breach of Contract:
Usually, a nursing home will enter into a contract with a resident, in which it sets out what services it will provide and the cost of those services. If the perceived abuse or neglect of the nursing home or its employees is contrary to promises made in the contract regarding the care of residents, the nursing home can be sued under a breach of contract theory. Many contracts require only that the home provide such services as are "reasonably necessary" for the resident's wellbeing, but even under this standard, a nursing home could be found negligent if it failed to meet the basic needs of a resident.

Nursing Home Criminal Conduct:
Some states provide criminal penalties for the abuse, neglect or other mistreatment of nursing home residents. Historically, prosecutions for crimes involving abuse, neglect and exploitation of the elderly were relatively infrequent. This was due in part to the reluctance of older persons to report incidents or press charges, the fact that the immediate harm was removed through the intervention of adult protective services, the difficulty some older people have in participating in a criminal trial, physical frailty, the frequent lack of supporting evidence and the concern of some prosecutors that elderly victims might not make credible witness due to physical limitations or loss of memory. Recently, however, there have been more and more prosecutions of such actions.

Moreover, some states have enhanced penalties for crimes committed against older people. In some cases, failures to provide residents with sufficient food, keep residents clean enough or prevent bedsores from occurring have supported convictions for criminal neglect. In other cases, the unjustified use of physical restraint or force against nursing home residents has resulted in convictions for nursing home abuse. In some states, the definition of abuse may require inappropriate physical contact that harms or threatens to harm the patient and may not cover verbal threats.

Wrongful Death:
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company, or organization.  A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents.  Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in IL, the following elements must be present:

• The death of a human being caused by another's negligent or intentional conduct.
• The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one.  Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, society, solace or moral support.

Medical Malpractice:
Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills, or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Medical Malpractice include:

• Failing to diagnose a tumor while reading an x-ray
• Puncturing a nearby organ or tissue during surgery
• Failing to order necessary and appropriate medical tests
• Failing to diagnose a condition in time to treat it properly
• Failing to refer a case to a medical specialist
• Prescribing incorrect medication
• Brain Injury
• Birth Injury
• Cerebral Palsy
• Incorrect diagnosis that results in a failure to treat a medical condition
• Failing to properly administer anesthesia
• Emergency room negligence
• Dental Malpractice
• Cosmetic Surgery Malpractice

Traumatic Brain Injury:
Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially, the human brain floats in a fluid substance call cerebrospinal fluid. TBI can result when an impact causes the momentum of the brain to come into contact with the skull. This type of injury, often the result of hitting your head on the windshield, pavement, or object, is frequently referred to as a “closed head injury.” Whiplash can also cause TBI. These closed head injuries can result in lasting physical and mental problems.

Spinal Cord Injury:
Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged. Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages from the brain to the body's systems that control sensory, motor and autonomic function. Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries and diseases such as polio, spina bifida, and Friedreich’s Ataxia. The spinal cord does not have to be severed in order for a loss of functioning to occur; it only has to be fractured.

Slip And Fall/Premises Liability:
Slip and fall accidents can cause serious injury, although often are not taken seriously. A fall on another person's property due to unsafe conditions may be eligible for compensation due to personal injury. Property owners are responsible for keeping their premises safe and must warn visitors of potential non-obvious hazards. For example, if fluids are left on the floor of a store for an unreasonable amount of time or there is no effort to clean the floor after notice of the condition, the owner may be legally liable for a slip and fall injury occurring in that location.

Most slip and falls happen in commercial settings, including grocery stores, drug stores, office buildings, construction sites, and even gas stations and malls. These accidents may also happen on private property. Either way, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of dangerous conditions.

If you or someone you know in Illinois needs the assistance of an experienced Chicago Nursing Home Abuse Attorney, call William Pintas today at 800-310-2222, or complete the contact form provided on this site to schedule your free consultation.

The following information includes frequently asked nursing home abuse questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting my office, you can receive a free personal consultation regarding your specific legal claim.

What is Nursing Home Neglect?
Elder, disabled and dependent adults rely on nursing homes to provide most if not all of their daily care, which includes food, water, medicine, toileting, grooming, social and physical stimulation, as well as regularly being turned in their beds. Nursing home neglect laws encompass the federal and state governments that establish uniform standards for nursing homes to provide adequate care for the residents and ensure their protection and safety. However, because nursing homes are not sufficiently staffed, and the staff there is generally underpaid, millions of elder and dependent adults are repeatedly being neglected and abused. Signs of nursing home abuse and neglect include:

• Bed sores (pressure sores, decubitus ulcers)
• Burns
• Rapid weight loss
• Unexplained bruises
• Emotional withdrawal
• Malnutrition or dehydration
• Heavy sedation
• Inability of caretakers to explain patient’s condition

Whether it is a single incident that causes injury or repeated neglect or abuse, the victim or his/her next of kin has a right to bring claims against the nursing home under the nursing home neglect laws. If the nursing home is found to be negligent or abusive, the victim and/or next of kin will generally be awarded monetary compensation and the nursing home could potentially lose its certification for failing to supply the expected care (leading to a loss of federal funding).

The best prevention of neglect and abuse is attentive family members, who, on an ongoing basis, are aware of the general health of their vulnerable relatives. If you suspect that you or a loved one is or was subject to an abuse or neglect, it is important to report that abuse or neglect right away. I have prosecuted many cases involving the abuse or neglect of the elderly and dependent and provide a free consultation to any individuals who believe that abuse or neglect may have been committed.

What rights do nursing home residents have?
Federal and state regulations provide nursing home residents with various rights. Some of these rights are as follows:
(1) Residents have a right to know their medical condition and can participate in making decisions regarding their medical treatment.
(2) Residents, who were not appointed a guardian or conservator, are allowed to manage their own financial affairs.
(3) Residents are entitled to be told what extra services the nursing home offers and how much these services cost.
(4) Residents have a right to a safe, clean environment that is also comfortable.
(5) Residents have a right not to be abused in any way, including but not limited to, physically, sexually, mentally or through restraints and/or isolation.
(6) Residents are entitled to send and receive all mail unopened.
(7) Residents can associate and relate to others in a private matter.
(8) Residents have the right to participate in social and religious events.
(9) Residents are entitled to be given advanced notice if they will be getting a new roommate.

Is nursing home abuse usually limited to physiological mishandling?
No. Other forms of abuse can include the misappropriation of a resident’s funds or property, restriction of private phone calls or visits from family members and friends, restriction of visits from any state or local representative, noncompliance with the resident's decision to allow or not allow visits from anyone other than medical/resident staff, restriction of the resident to move or change facilities (if the resident is not mentally capable of such a decision, the immediate family can intervene), restriction of a resident’s religious observations, and the unlawful eviction of a resident. Federal law requires that all care facilities provide a thirty day written notice and must document a legal reason for discharge such as failure to pay rent, specific medical treatment cannot be provided by said facility, etc.

Once abuse is determined, where and to whom should it be reported?
If you feel that a resident is in fact being abused, contact and notify the nursing home administrator immediately. Federal law requires administrators to report claims of abuse to state agencies, such as the Adult Protective Service Agency (APSA), in which investigators will be assigned to the case. However, if the resident appears to be in immediate danger, contact the police or any local hospital to have the resident removed from the facility until arrangements can be made with another care provider. Usually, the very report of abuse prompts the facility to immediately remove the abusive perpetrators, but if it is unclear who committed the abuse, more investigation is required and the resident is better off being away from said facility.

Why is nursing home abuse becoming such an epidemic?
There are factors that shed light as to why elder abuse is occurring and why care facilities are experiencing such problems. Nursing home employees are usually paid significantly less than hospital employees, they are expected to do more work in a shorter period of time, and are dangerously understaffed. Because of these stressful working conditions, it is becoming increasingly difficult to attract and keep qualified, skilled staff that has been adequately trained. And since staff is required and at a shortage, the screening process of new hires is not as selective as it should be.

Is there a screening process when selecting a care facility to rule out chances of abuse?
There are important steps to take to ensure that you or a loved one is provided with the best nursing home available. The most important step is to visit the facility. This provides an opportunity to talk with staff, the other residents who live there and to observe the living conditions. Notice if residents seem happy and well cared for; emotionally and physically. Also, notice if phones ring for long periods of time without being answered, or if meal trays are not attended to after meal time, as this can indicate if the facility is adequately staffed. You can find recent nursing home inspection reports, research the current staff, i.e. qualifications, length of employment, etc., and view resident doctors.

How can abuse be prevented for residents who currently live in a long-term care facility?
According to the National Center on Elder Abuse, the most effective prevention is to combine strategies to ensure a resident’s proper care. Under the Nursing Home Reform Act, an assessment of the resident’s interests, personality and health care needs are used to develop a personalized and practical care plan. This determines not only how the resident will be cared for, but who will carry out various tasks, when the measures will be completed, etc. Legislation on state and federal levels requires documentation of such care plans, and you can help by monitoring the plan and making sure it is being followed. Check records regularly, maintain contact with nurses and doctors and participate in care plan meetings. Help the resident stay connected with family, friends and other residents as much as possible, as social isolation increases the risks of abuse. Also, monitor any new hires that become responsible for the resident’s care. Ask to see their credentials and inquire of their background.

What is Personal Injury?
Personal Injury is any physical or mental injury to a person that results from another person’s negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of Illinois. Personal injury often refers to bodily injury and can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:

• Nursing Home Abuse and Neglect
• Auto Accidents
• Dangerous or Defective Product Injuries
• Motorcycle Accidents
• Aviation Accidents
• Slip and Fall Accidents/Premises Liability
• Medical Malpractice
• Traumatic Brain Injury
• Birth Injuries
• Wrongful Death

What financial compensation can I recover in a personal injury claim?
Accident victims are entitled to recover monetary damages for all losses and expenses suffered from the accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

• Medical bills
• Lost Wages, including overtime
• Pain & Suffering
• Physical Disability
• Disfigurement
• Emotional Trauma
• Mental Disability
• Property Damage

Under what circumstances can a wrongful death occur?
Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:

• Medical malpractice resulting in decedent's death
• Neglect or abuse on the part of a nursing home that results in decedent's death
• Automobile, bus, train, airplane or other common carrier fatality accident
• Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.)
• Death during a supervised activity (sports tournament, field trip, etc.)

Who can file a wrongful death lawsuit?
A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents.

Pecuniary (financial) injury is the main way damages in wrongful death cases are awarded. Courts interpret "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrong-doing to punish the wrong-doer, and/or deter others from behaving similarly.

How much do you charge for personal injury/nursing home abuse counsel?
Our Firm has very competitive prices, which fall within the range of the industry standard, and fee arrangements are tailored for each client's needs. Due to the nature of law, each case is unique and we have many fee structures to accommodate each client and each client’s case based upon:

• Contingency
• Retainer
• Deposits
• Set Fees
• Billable unit rates or any combination of the above

Most of the Nursing Home Neglect cases handled by our Firm are on a contingency fee basis, wherein if we win nothing for you, you owe us nothing. We give every case individual attention and will work with you to find the best rate plan. There will be no hidden costs. You will be informed of the fees for your case during your free initial consultation.

If you or someone you know in Illinois needs the assistance of an experienced Chicago Nursing Home Abuse Attorney, call William Pintas today at 800-310-2222, or complete the contact form provided on this site to schedule your free consultation.