Nursing Home Abuse and Neglect Attorney

The golden years are considered a time when things slow down, and seniors can relax. Sometimes, a situation becomes complicated when they experience health issues affecting their ability to live independently. Instances such as these are when your loved ones must go to a nursing home to get the help they need, including taking medication, bathing, dressing, and eating right.

Seniors rely on the staff to ensure their well-being so they can get the best care. The reality is that physical, sexual, financial, and emotional abuse can occur that is directed at the elderly, and this impacts their mental and physical health.

These acts are illegal and considered to be elder abuse under the law. According to the Centers for Disease Control, nursing home abuse is often underreported and occurs to 25% of residents.

Sometimes, nursing home workers are accused of abuse when nothing happened. A skilled nursing home abuse lawyer can help in these situations. Here is how we can make a difference to protect your rights.

How Does a Nursing Home Neglect and Abuse Lawyer Make a Difference?

Regardless of your situation, a skilled nursing home neglect and abuse lawyer can make a difference. We will fight for your rights and ensure nothing is left to chance. Our team handles all aspects of your case, including.

Understanding And Applying the Law

A nursing home abuse and neglect attorney understands the law and how it applies to your situation. We use the most current regulations and case precedents to support your claims. Our team uses this as a starting point to investigate and build a case that protects your rights or those of loved ones. We are well-versed in the law and practice in these areas to offer practical advice to guide you.

Gathering Evidence and Investigating

Our team will conduct a detailed and thorough investigation of the allegations. We will review all medical records, interview the victims/witnesses, and bring in experts to better understand what happened. We focus on finding the truth and following the facts regardless of where they take us. We build compelling cases that protect the rights of victims and the accused.

Creating A Customized Legal Strategy

Regardless of your situation, you will get a customized legal strategy that protects your interests. We use the evidence we collect to make compelling arguments to safeguard you or your loved ones. Our team understands the challenges of these situations, and we are here to simplify things.

Total Legal Representation

Your attorneys will represent you throughout all legal proceedings. We have experience dealing with these cases and are well-versed in legal procedures and traditions. Our team has relationships with doctors, law enforcement, judges, and prosecutors. These connections ensure that your case gets the necessary attention to avoid anything falling into the cracks. We work with you throughout the case and help to guide you.

Taking Action

Our team works to take action that protects you and your loved ones. Some of the different remedies we pursue include pushing for criminal charges, filing lawsuits, and negotiating on your behalf.

The Statute of Limitations for Nursing Home Abuse and Neglect

The statute of limitations is the timeframe for legal action in nursing home abuse cases. Generally, the law sets a two-year limitation after you knew or would have known about possible abuse. This timeframe could be shorter if you are in a government-run institution.

We recommend not waiting two years for numerous reasons, including interviewing witnesses, reviewing medical reports, and collecting evidence. The longer you wait, the more challenging it is to proceed with these cases.

Preserving evidence is critical to proving your case, taking legal action, and holding those responsible accountable. The longer the timeframe, the more difficult it is to prove these cases and preserve critical evidence showing wrongdoing.

The faster you act, the more you will protect your loved ones and prevent abuse from continuing. Many facilities are reluctant to take action unless there is clear proof of abuse and neglect.

We recommend speaking with a skilled attorney right away about your situation. Nursing home abuse and neglect is something you must take seriously. Our team will move quickly to investigate your case and identify any wrongdoing. We work tirelessly to fight for you and your loved ones.

WHAT THE LAW SAYS

Illinois nursing home residents are protected under federal and state laws that ensure their well-being, safety, and health. Nursing homes that fail to uphold the rights of their residents can be liable both civilly and criminally.

Illinois protects older adults through the Illinois Elder Abuse and Neglect Act, which applies to anyone over 60. Illinois 720 ILCS 5/12-21 (from Ch. 38, par. 12-21) protects senior citizens from abuse, including:

• Financial elder abuse – when a person in a position of trust and confidence takes an older person’s property using deception or intimidation or illegally uses their assets or resources for financial gain.
• Physical elder abuse – involves any infliction of pain or injury, such as hitting, kicking, punching, assault, and battery.
• Sexual abuse – any sexual contact with a person who cannot consent or understand or is threatened or forced to comply, including inappropriate touching, sexual assault, and rape.
• Emotional abuse – any threats of physical harm, other abuse, harassment, intimidation, or verbal assaults.
• Confinement –isolating or restraining an older person for anything other than medical reasons.
• Neglect – abuse arising from what is not done, such as failing to care for an elderly individual or purposely withholding medications or necessities such as shelter, food, clothing, and medical care.
• Willful neglect – when a caregiver purposely denies a senior citizen shelter, food, clothing, medical care, medication, or other necessities that expose them to emotional or physical harm.

Charges may be criminal or civil, depending on the situation. Civil nursing home neglect allegations can include:

• Malnutrition
• Dehydration
• Wandering off/elopement
• Bedsores
• Improper restraints
• Falls
• Wrong medications
• Wrongful death.

DEFENDING AGAINST CHARGES

It is not uncommon to be falsely accused of elder abuse or faced with charges that do not meet the criteria for elder abuse. As elder abuse defense lawyers, we closely examine evidence and aggressively defend clients who are victims of false accusations of elder abuse. We take the time to listen to and understand your story and treat you with dignity and respect.

Several elder abuse defenses are available that could result in a dismissal or reduction of charges. A skilled criminal defense attorney can raise these doubts on your behalf. In criminal cases, the plaintiff must prove that you or your facility is guilty beyond a reasonable doubt.

We will aggressively explore every avenue for your defense. We examine the facts, the individuals involved, and the evidence available, and greatly increase your chances of getting your charges reduced or dismissed.

Why Choose Us?

At Wolfe & Stec, our attorneys will give your case the attention and resources it needs to reduce any challenges. Nursing home neglect and abuse laws are complex, and a skilled attorney will guide you. Here are some reasons why you want to use us to handle your case.

Experience

Our attorneys have decades of experience handling nursing abuse and neglect cases. We help those whose loved ones are the victims of abuse and those falsely accused. Our team of skilled attorneys puts this experience to work for you to ensure your case is handled properly. We always put you first and work tirelessly on your case.

Creative Problem Solvers

We are creative problem solvers who can resolve complex cases and legal issues. Our team conducts a detailed and thorough investigation to plan and create a customized legal strategy effectively. We take the time to follow every lead and focus on all details. Our approach makes a difference in understanding your situation and applying our legal knowledge effectively.

Personal Attention and Communication

We communicate effectively with you from the first consultation to the final resolution. Our focus is on your goals and the legal issues of the case. We give you updates regularly and keep you informed about what is happening. Your attorney is happy to answer your questions, explain everything, and respond to your messages, emails, and texts. Communication is critical to your case’s success, and we always keep you in the know.

Locally Based

You work with an attorney in the Chicagoland area who serves Cook, DuPage, Will, Kendal, Lake, Kane, Grundy, and McHenry Counties. We have relationships inside the legal and medical system and will work tirelessly for you.

FAQs

What Are the Signs of Nursing Home Abuse and Neglect?

Nursing home abuse and neglect have many different signs, including poor hygiene, changes in behavior, unexplained financial transactions, injuries, and malnutrition.

How Do You Prove Nursing Home Abuse and Neglect?

The most critical thing is collecting and using the evidence in these cases to show what happened. Our team looks at the medical records, photos of the injuries, witness statements, and relevant evidence. Your attorney uses their know-how to collect, preserve, and present evidence to strengthen your case.

What Legal Action Could Be Taken in Nursing Home Abuse and Neglect Cases?

We can pursue many actions in these cases, including civil damages and criminal charges. The law protects older people from abuse and neglect, and we will aggressively pursue these cases.

What Compensation Could You Seek in Nursing Home Abuse and Neglect Cases?

The compensation we could pursue in these cases includes pain, suffering, emotional distress, medical expenses, and punitive damages. Your attorney works with you to evaluate the case and seeks reasonable compensation.

Can You File a Lawsuit If a Loved One Died Because Of Nursing Home Abuse and Neglect?

You can file a wrongful death lawsuit against the nursing home and those responsible. Your attorney has the knowledge and experience to help guide you through these cases.

Get Your Free Consultation with A Skilled Nursing Home Abuse and Neglect Attorney

A skilled attorney makes all the difference in protecting your rights and those of loved ones. Our team works tirelessly to ensure that nothing is overlooked and to stand up for you. The attorneys at Wolfe & Stec have decades of experience handling the most complex nursing home abuse and neglect cases.