Is Nursing Home Neglect or Abuse Medical Malpractice in IL?

 Posted on September 25, 2024 in Nursing Home Injury and Abuse

Over 100,000 Illinois residents call one of the state’s approximately 1,200 long-term healthcare facilities home. Although young people may live in a facility, the majority of these residents are elderly. Each facility is legally obligated to uphold care standards to safeguard its patients from harm. The Illinois Department of Health’s Nursing Home Hotline gets around 19,000 annual complaints, resulting in over 5,000 investigations.

If your loved one is injured or otherwise harmed by nursing home abuse or neglect, you may qualify for compensation through a personal injury or wrongful death claim. The underlying basis for some of these claims is medical malpractice. Your experienced lawyer from Carlson Law Group, P.C. can support you and your family during this trying time, providing the skilled legal representation you need and helping you get the compensation you deserve.

What Is Considered Medical Malpractice in Nursing Home Abuse and Neglect Cases?

Nursing home patients are often vulnerable due to a weakened physical condition or diminished cognitive faculties. Whether intentionally or through negligence, nursing facilities and staff can take advantage of that vulnerability, sometimes causing significant injuries, illnesses, and other substantial harm. The Illinois Nursing Home Care Act lays out specific definitions, violations, and penalties for facilities that allow patients to suffer all but accidental harm.

Some of the most frequent instances of abuse or neglect in nursing facilities include:

• Failing to provide proper nutrition
• Not assisting patients with personal hygiene
• Allowing those with impaired faculties to wander unsupervised
• Failing to help limited mobility patients reposition themselves regularly often leads to bedsores
• Not providing prompt medical treatment for existing or developing conditions
• Striking or threatening patients
• Sexual abuse

While none of those things should happen, they only rise to malpractice when the patient becomes ill, is injured, or dies due to those negligent behaviors. Examples of malpractice include:

• Untreated infections or gangrene, sometimes leading to sepsis or amputation
• Bruises sustained from an assault
• Emotional trauma from intimidation
• Dehydration due to insufficient fluids being provided
• Broken bones resulting from unsupervised walking and falls
• Death due to delayed medical attention

Many nursing homes are understaffed. Others may lack qualified medical providers on duty at all times, have poorly trained caregivers, or have inadequate staff supervision. Regardless of the reason, the facilities can face penalties and adverse actions. While those actions may prevent others from sustaining injuries in the future, they do not help your loved one who has already suffered harm.

Qualifying patients and their families may obtain compensation for things like medical expenses directly related to the injury or illness, pain and suffering, and diminished quality of life. If your loved one died as a result of nursing home malpractice, you might recover additional damages by filing a wrongful death action. Your compassionate attorney from Carlson Law Group, P.C. will evaluate your circumstances and help you decide your next steps.

Contact Our Experienced Morris, IL Medical Malpractice Lawyer Today

When victims cannot advocate for themselves, Carlson Law Group, P.C. stands ready to do it for them. We will always work to protect your rights and best interests. Call us at 815-710-3700 for your free consultation with our highly effective Grundy County, IL personal injury attorney.