Both federal and state statues guide lawsuits over nursing home neglect and abuse. Common law principles and administrative rules come to bear on the suit; attorneys working on abuse cases have to examine all of these to find where mistakes were made—by nursing home owners, operators, caregivers, and others—which led to harm, intentional or not.
Elder abuse and neglect cases can be very complex, legally—the rules governing liability are not straightforward. Individual caregivers are accountable when they intentionally harm an elder in their care, but rules about employee oversight hold the operators of a nursing home (and sometimes its owners and shareholders) accountable for the actions of their employees. The facilities can be liable not just for mistakes made, but also for their response (or lack thereof) to claims of neglect or abuse—a poor response is another count of negligence.
In one recent case, a facility was fined and put on state-mandated probation for failing to report neglect allegations and take steps to prevent further abuse. At least three elders in its care were physically and verbally abused; several staff members at the home knew of “intentional rudeness, refusal of care and services, and rough physical treatment of residents.” But they didn’t address the problem, and the abuse continued. Inaction and apathy at nursing homes happens at nursing homes in the US daily; facilities are understaffed and employees are underpaid.
More than 30% of nursing homes in the country experience some form of resident abuse. If you believe a loved one has been abused or neglected at a nursing home, contact Mike Agruss Law, at 312-224-4695 for a free consultation. Mike Agruss Law, represents victims of nursing home abuse and neglect throughout Illinois. We will handle your case quickly, advise you every step of the way, and we will not hesitate to go to trial for you. This litigation strategy will provide you with the best possible compensation. Plus, Mike Agruss Law, does not get paid attorney’s fees unless we win your case. Our no-fee promise is that simple.
Therefore, you have nothing to risk when you hire our firm—just the opportunity to seek justice. Protect your loved one’s rights by contacting us today.
