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Nursing Home Abuse

When a family places a loved one in a nursing home or care facility, it trusts that the home has thoroughly checked each staff member, nurse or aide that will work with the elderly individual.

At Healy Scanlon Law Firm, our attorneys are experienced in investigating allegations of abuse in nursing homes, putting together the evidence to show how harm was caused and what the home should have done to prevent it. If there were staffing issues that caused the abuse, we will demand accountability of those who made the hiring decision or failed to provide adequate training.

If your loved one has suffered abuse in a nursing home, contact our Chicago firm today to learn how we can help. Call 312-977-0100.

Common Nursing Home Abuse And Staffing Issues

Some of the main causes of nursing home staffing issues stem from:

  • Inadequate background checks — We will investigate to determine if an adequate background check was conducted on the staff member who caused the abuse. If there were issues in the individual’s past that should have raised red flags, we will hold the nursing home accountable for the hiring decision. This could include past cases of sexual, physical or verbal abuse, as well as a criminal record.
  • Training issues — Some types of abuse stem from poor training. We will take a close look at the training procedures in the home to find if the facility should have better trained staff. This is often the root cause of issues like neglect, bed bugs, medication errors and other thoughtlessness that result in harm to residents.
  • Failure to supervise and under-staffing — If the home does not keep enough staff to provide adequate care and supervision to all residents, abuse can easily occur.

Nursing homes typically promise family members of elderly loved ones that they will provide proper care for the resident. Unfortunately, not all facilities live up to that level of care, and some family members suffer for it.

Thankfully, people can seek restitution through nursing home abuse claims. For those considering such filings, it is important to understand a few key facts.

The family must legitimize the case

The first step in an abuse case is first determining that nursing home abuse did occur or is occurring, and that the claimant can prove it. One of the greatest aids to a claimant is the state’s nursing home law. An experienced attorney could be another helpful asset. Not only would the attorney have the knowledge of how to present the case, but he or she would also have the means to collect the evidence and secure key witnesses to solidify the case.

The family must take steps before filing a lawsuit

Before the official filing, the claimant must notify the accused party of the intent to file. This gives the nursing home time to look into the claims and to try to address them, if possible. In some cases, the two parties may engage in pre-suit mediation to try to come to an agreement outside of court. However, if they are not able to agree to a settlement, the case may then proceed to litigation.

Litigation can still result in pretrial settlement

The litigation process begins after the claimant files the official claim and the courts orchestrate the court date. Both parties perform discovery, then undergo court-mandated mediation. During this time, the parties sit in separate rooms, and a mediator liaises between the two parties to try to come to a settlement. If that is not possible, the case goes to trial, where the court determines the final verdict.

Meet With Our Legal Team

By getting to the root of the problem, our lawyers can not only hold the home accountable for the pain your loved one suffered, but we can help to ensure that other residents are not harmed. Call 312-977-0100 or contact us online to schedule an appointment. Evening and weekend consultations are available.

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COVID 19 UPDATE

Per Governor Pritzker’s recent request that workplaces reduce their workforce and work remote whenever possible, please be advised that our office remains open, but many employees will be working remotely until the end of the month. Mail, voicemail, and emails will be received. We thank you for your patience during this period of time.

Per Governor Pritzker’s recent request that workplaces reduce their workforce and work remote whenever possible, please be advised that our office remains open, but many employees will be working remotely until the end of the month. Mail, voicemail, and emails will be received. We thank you for your patience during this period of time.