According to the National Council on Aging, it is estimated that 1 in 10 Americans aged 60 and above have experienced some form of elder abuse. This alarming statistic, coupled with the fact that the elderly population is growing every year, has prompted concern and action towards the prevention of elder abuse in nursing homes.

Unfortunately, despite the best efforts of many, nursing home abuse still occurs, and when it does, those affected must take legal action. This article will explore how to prove a nursing home abuse claim in Illinois, including the necessary steps to ensure your case is successful.

Signs of Nursing Home Abuse

The first step in proving a nursing home abuse claim is to recognize the signs of abuse. Some of the common signs of nursing home abuse include:

• Unexplained injuries such as cuts, bruises, and broken bones
• Malnutrition and dehydration
• Emotional withdrawal or unresponsiveness
• Sudden changes in behavior or mood
• Poor hygiene or unsanitary conditions
• Forced isolation or restraint
• Sexual harassment or assault
• Financial exploitation

Any of these signs should be taken seriously and should prompt further investigation.

Gathering Evidence

Once you suspect abuse, it is essential to gather as much evidence as possible. The evidence can include medical records, photographs, witness statements, and any other relevant documentation. Talk to staff members, gather documentation of the resident’s care, and observe the resident’s living conditions.

If you are unable to gather evidence on your own, consider hiring a private investigator who can gather evidence of neglect or abuse.

Contacting the Authorities

If you believe that the elderly individual is in immediate danger, or if you believe a crime has been committed, contact the authorities immediately. The police, the Illinois Department of Public Health, and the Illinois Department on Aging should be contacted.

When reporting the abuse, provide as much detail as possible, including the nature of the abuse, the facility where the abuse occurred, the name(s) of the individuals involved, and the dates/times of the abuse.

Consulting an Attorney

If you intend to pursue a legal claim against the nursing home, it is advisable to hire an attorney who specializes in nursing home abuse law. The attorney can help guide you through the legal process and provide legal advice on what steps to take next.

The attorney will also review any documentation you have gathered on your own, talk to witnesses, and gather any additional evidence necessary to build and prove a case.

Filing a Lawsuit

Once you have hired an attorney, they will file a lawsuit on your behalf. The lawsuit will specify the nature of the abuse, the harm that was caused, and the amount of damages you are seeking.

In Illinois, there is a two-year statute of limitations on nursing home abuse claims. This means that you have two years from the date of the abuse to file a claim. If you miss this deadline, you may lose your legal right to seek compensation for damages.

Discovery Phase

During the discovery phase, both parties will exchange information and evidence related to the case. Attorneys will review the evidence, depose witnesses, and prepare their legal arguments.

It is during this phase where the evidence gathered earlier in the process, such as medical records and photographs, will be presented and examined.

Settlement Negotiations

In many cases, nursing homes will opt to settle the case out of court to avoid a lengthy and costly legal battle. During settlement negotiations, attorneys will present their evidence and make arguments for the damages you are seeking.

If a settlement is reached, you will receive payment, and the case will be closed. If a settlement cannot be reached, the case will go to trial.

Trial

During the trial, both sides will present their evidence and arguments to a judge and/or jury. The judge or jury will then decide whether the nursing home is liable for the abuse and, if so, determine the amount of damages owed.

Conclusion

Proving a nursing home abuse claim in Illinois can be a complex and difficult process. It requires gathering evidence, consulting an attorney, and possibly filing a lawsuit. With the help of an experienced attorney, however, victims of nursing home abuse can hold those responsible accountable and receive compensation for damages.