Your loved one should be clean, safe, healthy, and well cared-for in their nursing home
Why does nursing home abuse and neglect happen? Sometimes, it’s not intentional but the result of poor or inadequate staff training. But that doesn’t mean your loved one should suffer. Here’s a guide to how to spot nursing home abuse or neglect and what to do about it.
Placing an elderly relative in a nursing home is never an easy decision or task. “The Golden Years” aren’t always that golden—because when a person reaches a stage where they are no longer able to care for their own basic needs and health, they either need a devoted family member who can provide 24/7 care or a nursing home. And let’s face it—as much as we might want to be able to provide that round-the-clock care they need, we have ourselves to care for, too. Particularly if you’re in the “sandwich generation” (taking care of both your parents and your own children), you might have more responsibilities than you can handle. There’s nothing to feel guilty about; compassionate and high-quality nursing home care is a wonderful gift for someone you love.
As much as you might put time and research into finding the best nursing home for your loved one, not every issue is immediately apparent. You hope that the home is taking as good care of your elderly as you would, but sometimes there are issues.
Illinois has strong laws and protections to help families spot and report nursing home abuse. There are legal protections you can take to ensure that your loved one is getting the care they deserve.
First, it’s important to understand the types of Illinois nursing home abuse and the red flags that might signal a problem.
Signs of abuse in an Illinois nursing home
Illinois nursing home abuse can be physical, emotional, sexual, or financial. Neglect is another serious form of mistreatment. Here are common indicators:
Physical abuse
- Unexplained bruises, cuts, or scars
- Broken bones or sprains
- Frequent infections
- Sudden weight loss
Emotional abuse
- Withdrawal from normal activities
- Unusual depression or anxiety
- Fearfulness around certain staff members
- Sudden changes in personality or mood
Sexual abuse
- Bruises around the breasts or genitals
- Unexplained sexually transmitted infections (STIs)
- Torn or stained underwear
- Reluctance to be alone with certain individuals
Financial abuse
- Unexplained withdrawals from bank accounts
- Missing belongings or cash
- Changes in wills or power of attorney
- Unpaid bills despite adequate funds
Neglect
- Poor personal hygiene
- Dirty or unsafe living conditions
- Bedsores or untreated medical conditions
- Dehydration or malnutrition
What to do if you suspect Illinois nursing home abuse
If you suspect that a loved one is being abused in a nursing home, taking immediate action is crucial:
- Safety
Make sure the resident is safe. If they are in immediate danger, call 911. - Document evidence
Keep detailed records of any signs of abuse, including photographs, medical records, and personal observations. Be sure that you include dates and times for each note, photo or record. If you’re aware of a particular staff member who’s assigned to the resident at that time or performed duties related to their care, note that person’s name as part of your record. - Communicate with the resident if possible
Talk with the resident about your concerns if they are able and willing to communicate. They might provide additional information, and their body language or tone and manner of speaking might provide clues, also. - Make a report to administrators
Notify the nursing home administrators about your concerns. Ideally, the complaint or report should be in writing (email is fine) to create a “paper trail” in case you ever need it as evidence. If it’s a verbal conversation, make notes afterward and then follow up with an email or other written correspondence as a recap or summary of what was said. Note both your comments and any response by nursing home administrators or staff. - Report to a higher authority
If speaking with the nursing home staff does not lead to immediate resolution, you need to go further. Report the abuse to the Illinois Department of Public Health (IDPH) or the Illinois Department on Aging’s Adult Protective Services. Each agency can investigate and take necessary actions. - Consult an Illinois elder law attorney
An attorney who specializes in elder law or personal injury can guide you through your legal options and help to ensure the rights of your loved one are protected.
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Illinois nursing home abuse laws and regulations
The Illinois Nursing Home Care Act
This act outlines the rights of residents and sets standards for nursing home care. It includes provisions for protecting residents from abuse and neglect and mandates regular inspections of facilities.
The Illinois Elder Abuse and Neglect Act
This act establishes a comprehensive approach to addressing elder abuse, including mandatory reporting requirements for certain professionals and establishing Adult Protective Services.
Notable Illinois nursing home abuse lawsuits
A 2023 case for nursing home abuse against an Illinois facility resulted in a $4.25 million settlement before trial. The victim suffered a series of falls while living at the undisclosed nursing home. He suffered a serious head injury that later resulted in his death. His family filed a lawsuit against the nursing home and its parent company that alleged negligence by the corporation and administrators.
In 2019, 91-year-old dementia patient Margaret Collins was filmed by staff as she was attempting to remove her hospital gown in her nursing home. She was in distress and upset, and staff posted the video to Snapchat, along with a caption saying, “Margaret hates gowns” with the laughing emoji. Margaret’s family became aware of the video and filed a lawsuit against the nursing home.
Also in 2019, Westminster Place senior living home in Evanston and its parent company, Presbyterian Homes, faced a lawsuit for violating the Nursing Home Care Act. Charles Banas had been a resident of Westminster Place for more than 15 years. He was a World War II veteran who flew two heroic bombing missions on D-Day in 1944. Mr. Banas was looking forward to a trip to England and France to commemorate the 75th anniversary of D-Day and participate in events there. However, Westminster Place was negligent in caring for Mr. Banas and he became ill and required rehabilitation as a result. Therefore, he was not able to attend the ceremonies. The court awarded Mr. Banas and his daughter $150,000 in damages for the nursing home’s role in preventing him from being healthy enough to travel to the ceremony.
Where to report Illinois nursing home abuse
If you suspect nursing home abuse, there are several agencies you can contact for help:
Illinois Department of Public Health (IDPH): The IDPH regulates and inspects nursing homes. You can file a complaint online or call the Nursing Home Hotline at 1-800-252-4343.
Illinois Department on Aging: The Adult Protective Services (APS) program investigates reports of abuse, neglect, and exploitation of adults aged 60 and older and adults with disabilities aged 18-59. To report suspected abuse, call the APS Hotline at 1-866-800-1409.
Local police department: If you believe a crime has been committed, contact local police.
Long-Term Care Ombudsman: Ombudsmen advocate for the rights of nursing home residents and can help address complaints. Contact the Illinois Long-Term Care Ombudsman Program at 1-800-252-8966.
If you have a loved one who you believe is a victim in an Illinois nursing home, or if you’re a member of a nursing home staff and you believe there’s abuse within the facility, you can take action. Contact one of the agencies listed above or reach out to an Illinois elder care or personal injury lawyer to find out what rights and recourse you have for the situation.
See our guide Choosing a personal injury attorney.