DePaolo & Zadeikis Blog Posts

When you’re injured due to a temporary dangerous condition in Chicago, you may have a viable personal injury case. The key to a favorable outcome is establishing that the property owner, tenant, or legal occupier was aware or should have been aware of the temporary unsafe condition that caused your accident. Cases involving temporary conditions pose unique challenges, such as the likelihood of the temporary hazard being cleaned up or fixed right after the incident.

The long-term effects of nursing home abuse include a drastic decline in a resident’s mental and physical health, strained relationships, financial distress, and even premature death. Nursing home abuse can have adverse effects on the victims, their families, and society as a whole. Understanding more about the far-reaching consequences of nursing home abuse is critical in comprehending the magnitude of the issue and prompting people to take action to combat and prevent it and its effects.

A suspected nursing home abuse case may result in criminal sexual assault charges after a disabled resident at a Geneva, Illinois, facility was found to be 33-weeks pregnant. Long-term care facilities have a responsibility to keep residents safe. Thus, suspicions of or witnessed abuse should be reported, and are investigated seriously. 

Caregivers — whether professionals or family members — are instrumental in reporting elder abuse. They’re required to be adept at identifying the subtle and overt warning signs of abuse and knowing the right channels for reporting it. Some professionals are mandated by state laws to report elder abuse cases, even if they only have suspicions of the abuse.

The statute of limitations governs the timeframe within which a lawsuit must be filed after an elderly person suffers an injury due to nursing home abuse. In Illinois, the nursing home abuse statute of limitations for most cases is two years. Exceptions may apply in cases involving special circumstances.

After instances of nursing home abuse, families often wonder, “When can a nursing home be held liable for abuse committed by staff members?” You can hold an Illinois nursing home liable for abuse committed by an employee using the doctrine of vicarious liability or a breach of contract case. You could also hold the facility liable if it was noncompliant with federal and state standards or was negligent, thus enabling the abuse by its staff to occur.

Physical neglect, emotional neglect, and medical neglect are the three main types of neglect in a nursing home. Nursing home neglect causes physical injuries, emotional distress, and, in some cases, death. In one study, 95% of nursing home residents said they were victims of neglect or witnessed another resident being neglected. Statistically, neglect incidents are grossly underreported. It’s crucial to understand the types of neglect that commonly occur in nursing homes, their warning signs, and what you can do to address instances of neglect in Chicago.

Can a patient with dementia refuse care? Nursing home staff should provide quality care while also respecting the dementia patient’s right to refuse treatment if the patient has adequate mental capacity.

When caring for patients with dementia, caregivers must be patient, empathetic, and ready to form trusting relationships to provide necessary care. That calls for nursing home staff to be well-qualified and trained in managing the needs of such patients.

The legal guardian of the victim of abuse or the authorized representative of the victim’s estate can file a nursing home abuse lawsuit in Illinois if the victim is unable to bring the case on his or her own. It’s crucial to know whether you have a right to sue a nursing home for a loved one’s abuse because your case could be dismissed if you file a lawsuit but lack the legal standing to sue. Below, you’ll learn more about eligibility to file a nursing home lawsuit in Chicago and how to proceed with the process.

“How long does a nursing home lawsuit take?” is a common question among people considering taking legal action against a nursing home due to the harm suffered by a loved one. On average, nursing home lawsuits take 18 to 24 months to reach a settlement or verdict. Several factors can make the timeline for nursing home lawsuits vary. The personal injury lawyers at DePaolo & Zadeikis can help you address these issues in Chicago. Call us at 312-263-7560 to discuss your case.