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Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

It’s a difficult decision to make when you put aging loved ones into Illinois nursing homes. Often, these decisions are made following a hospital stay, where you must find immediate long-term care that you cannot provide at home.

In Illinois, there are around 1,200 nursing homes with over 100,000 nursing home residents. With many of them understaffed, it can lead to nursing home abuse. It is infuriating to see someone you love suffer at the hands of someone that should be providing them with the care they need.

The Illinois nursing home abuse lawyers at Mike Agruss Law are here to represent you and your family with the consideration and care you deserve. Contact our law firm today to set up a free consultation to discuss your case.

Nursing Home Abuse Cases in Illinois

In Illinois, the Illinois Department of Public Health (IDPH) licenses and regulates nursing homes. It also conducts annual inspections of nursing home facilities to ensure they are complying with the requirements of the state’s Nursing Home Care Act.

The hotline for the IDPH receives roughly 19,000 calls each year and responds to over 5,000 complaints. With a larger aging population in the U.S. and greater life expectancy, the demand for nursing home care has risen drastically. As the population ages, these numbers are only expected to rise. Unfortunately, this also gives way to elder abuse in the form of physical abuse and emotional abuse in the facilities.

Abuse and neglect lead to injury and accidents claims caused by negligent or indifferent caregivers. Sometimes, the neglect is due to understaffed nursing homes that take the profits while leaving residents to suffer.

According to the Illinois Department on Aging, statistics released in 2021 recorded 20,567 reports of neglect, abuse, and financial exploitation were received. Breaking down the numbers, financial exploitation topped the list with 6,269 reports, emotional abuse with 4,517, physical abuse with 2,899, and sexual abuse with 223.

It should additionally be noted that both the National Center on Elder Abuse (NCEA) and the Centers for Disease Control (CDC) have concluded that because of challenges in gathering accurate data, many nursing home abuse cases likely go unreported.

Your loved ones deserve so much more than to be abused, neglected, and harmed. For Illinois nursing home abuse, nursing home neglect cases, and wrongful death cases, contact Mike Agruss Law to get the representation of a nursing home abuse attorney and the justice you deserve.

What Is the Illinois Nursing Home Care Act?

Under the Illinois Nursing Home Care Act, residents in assisted living facilities and nursing homes are entitled to certain protections. Among them, it states that no resident shall be neglected or abused. It additionally supplies other protections such as stating that residents are permitted to wear their own clothing and retain their own personal items within their rooms.

Family members often do not realize that even when a loved one is staying in a nursing home, they are entitled to use their own personal physician. They are also permitted to have privacy in their medical and personal care program.

No nursing home resident should ever be subjected to restraints or confinement as a punishment or to provide convenience to the employees at the facilities. They cannot give residents unnecessary drugs or medications either.

In short, a nursing home resident is protected with these rights to be treated with respect. They are permitted to manage their own financial affairs, freely communicate, and have visitors.

There are also provisions for allowing those within nursing homes to have the freedom to exercise the religion of their choosing, present grievances on their own behalf, and protections from unlawful discrimination.

The Illinois Nursing Home Care Act was put into place because there is a serious problem with Illinois nursing home abuse in the state. Your loved ones have rights, and if nursing facilities are violating those rights through abuse and neglect, you need a nursing home abuse attorney to help you fight for their dignity.

What Is the Most Common Type of Nursing Home Abuse?

Even with nursing home laws in the state and federal regulations in place to protect older adults residing in a nursing facility, Illinois nursing home residents are still subjected to different forms of abuse. Every day, violations occur that compromise their health, dignity, and well-being.

Our personal injury lawyers at Mike Agruss Law represent you and your loved ones for all types of nursing home abuse:

  • Financial abuse and exploitation
  • Medication errors
  • Bed sores
  • Burns
  • Dehydration or malnutrition
  • Sexual abuse
  • Physical abuse
  • Restraints
  • Verbal abuse
  • Falls
  • Sepsis

Whether your loved one suffered abuse or nursing home negligence at the hands of nursing home staff members, they may be entitled to compensation for their medical expenses, disfigurement, disability, pain and suffering, and other damages. Don’t want to get the representation you deserve for wrongful death or a nursing home abuse lawsuit. Contact Mike Agruss Law for a free case evaluation.

Why Are Illinois Nursing Homes Among the Worst in the U.S.?

Unfortunately, in an assisted living facility, profit seems to be more important than providing proper patient care. In fact, 70% of the nursing homes in Illinois are for-profit. The nursing home’s behavior is motivated by money, and the ones who suffer from this greed are the nursing home patients.

In Illinois nursing homes, nursing home residents are subject to nursing home neglect by the reduced staff. Nursing homes will deliberately hire less staff than required to keep profits high. They are then unable to provide adequate care for their patients.

This is also the case with nursing homes that hire inexperienced workers. Without proper training, the staff can’t properly take care of the elderly residents. Other reasons nursing home negligence cases are so common in Illinois is because they simply ignore the industry guidelines and state laws. They will ignore reports of abuse and neglect all while making things seem fine when talking to family members about their aging loved ones.

It is directly due to these methods for cutting costs and unethical practices that create the horrors that our nursing home abuse lawyers see every day. At Mike Agruss Law, we will not let your loved ones suffer. Contact us today to discuss your case.

Warning Signs to Pay Attention to When You Have a Loved One at a Nursing Home

Nursing home misconduct is abominable, and what makes it even worse is that many of the residents suffering nursing home abuse lack the ability to communicate about it. If you have an elderly family member in an Illinois nursing home, you need to watch for the warning signs that this kind of nursing home neglect and abuse is taking place.

Remember, older people are less likely to stand up to bullying or fight back when being verbally or physically attacked. They often do not see or hear as well as they once did, leaving them more vulnerable for others to take advantage of them.

Illinois elder abuse may not even be taken seriously by the supervisors at the nursing home or family members. They may either think their loved one has developed dementia or some sort of mental deterioration which has signs that can overlap with abuse and neglect.

Whatever you do, always take it seriously. Whether it is all in their mind or there is real elder abuse occurring, you need to stand up for your aging loved ones and give them the dignity they deserve. These warning signs will help you spot when abuse and neglect may be present and help you investigate.

Physical Abuse

  • Unexplained broken bones, sprains, or dislocations
  • Bruising, scars, or welts on various places of the body
  • Signs of restraint, particularly on the wrists
  • Failing to properly take medications
  • Broken eyeglasses or dentures
  • Caregiver refuses to let you spend time alone with your loved one

Emotional Abuse

  • Strange behavior that often resembles dementia symptoms – mumbling, rocking, sucking thumbs, etc.
  • Seeing the caregiver exhibit unprofessional, controlling, or threatening behaviors
  • Other signs of mental abuse

Sexual Abuse

  • Genital infections or STDs that can’t be explained
  • Bruising near private parts
  • Torn, stained, or bloody undergarments
  • Anal or vaginal bleeding not related to any medical conditions

Caregiver Neglect

  • Leaving the elderly patient unattended in a public place
  • Lack of heat or running water as well as other unsafe living conditions
  • Not suitably dressing the elderly patient for the weather
  • Not bathing the patient
  • Soiled bedding, clothing, and dirty conditions
  • Presence of bed sores
  • Unusual weight loss
  • Dehydration

Financial Abuse

  • Changes with the elderly patient’s financials
  • Withdrawals from the bank account that can’t be explained
  • Changes in power of attorney, property titles, wills, and life insurance
  • Missing money from the elderly patient’s room
  • Noting ATM withdrawals when your loved one is bedridden and incapable of doing it themselves
  • Neglected medical care even with the finances to afford it
  • Finding unusual goods or services that your loved one couldn’t have signed for themselves
  • Name added to signature card for credit cards

Healthcare Fraud

  • Providing too much or too little medication
  • Duplicate bills for the same devices or services
  • Lack of staff training
  • Insufficient staff to care for patients
  • Poor standard of care

Consequences of Nursing Home Abuse

While there are certainly reports of nursing home abuse, much of it still goes unreported. These elderly victims are often terrified to speak up. They fear that no one will believe them, and they are afraid that they will face consequences from the nursing home itself or the caregivers.

If you suspect nursing home abuse, it is imperative that you speak with a nursing home abuse attorney from our law firm. Your loved one’s life could be in jeopardy without your timely intervention.

Consequences that follow nursing home abuse are physical and mental injuries, trauma, depression, anxiety, post-traumatic stress disorder (PTSD), and even death. You do not want the last moments your aging loved one spends on earth to be at the hands of an abuser or to be neglected as though their full life never mattered to anyone.

With the help of a nursing home abuse lawyer from Mike Agruss Law, you may be able to seek compensation for these injuries or the wrongful death of your loved one. Our legal team will simplify this process and promptly work to ensure justice is served to the Illinois nursing home that committed these atrocities. Contact our law firm today for a free consultation.

What to Do If You Suspect Elder Abuse in Nursing Homes

It is a sad reality that elder abuse occurs in nursing homes. If there is a case of suspected nursing home abuse, you will likely be angry and frustrated. You may even feel guilty about having placed your loved one in a nursing home and hence subjecting them to elder abuse.

However, once you suspect abuse and notice these signs, it is important that you act quickly to help them. Start by taking them somewhere safe and ask them what they recall. You should take notes to document the incident, and if possible, make a video recording. If there are any signs of physical abuse, take photos of the injuries.

Additionally, if you are able to do so, speak with other patients in the nursing home. It is possible they may have seen something. You’ll want to get the full names and schedules of the employees as well as the health and medical records of your loved ones to provide in your report to Adult Protective Services.

Collecting and organizing this evidence will help as you file your report. You can also file this report with the Illinois Department of Public health to protect your loved one.

It is also ideal to have legal representation to assist you in matters of nursing home abuse. You can count on the expertise and compassion of Mike Agruss Law to be there for you with unwavering support and fight for compensation in your case.

How to File a Complaint Against a Nursing Home in Illinois?

When complaints are made with Adult Protective Services and the Illinois Department of Public Health, these often uncover violations. Filing a complaint can serve as a deterrent for staff that would otherwise make poor choices or sacrifice the quality of care for nursing home patients.

With the help of nursing home abuse attorneys, you can have added support to ensure that your loved one is properly compensated. You will need to provide information about what happened in your complaint, which is why it is essential to get as many details as you can and gather solid evidence to back up your claim.

Let Mike Agruss Law stand by you throughout this difficult process to seek justice against the rehabilitation center, nursing facility, or long-term care facility that has harmed your loved one. We develop a strong attorney client relationship, treating you like our own family while working to ensure the best possible outcome in cases of Illinois nursing home abuse.

If your loved ones have suffered from elder abuse as a nursing home resident, contact our nursing home abuse lawyer today for a free consultation.

How Long Do You Have to Sue a Nursing Home in Illinois?

According to Illinois law, there are limits in place for the amount of that that you have to file a lawsuit for nursing home abuse. The statute of limitations may seem unfair for those who have suffered abuse from nursing homes. However, it is imperative that you act quickly to preserve evidence.

If your loved one was being abused by one caregiver at the nursing home, that person may leave before it is ever reported and investigated. Then they would inflict this torture upon other residents in other facilities. Filing your lawsuit as soon as possible ensures this caregiver and the nursing home itself is held accountable for their despicable actions.

Failing to file your nursing home abuse lawsuit before the statute of limitations expires means that the court will ultimately dismiss your complaint. You will not be able to recover any damages and the nursing home will continue to treat the other residents in a terrible way.

For Illinois, the statute of limitations is at two years, starting from the date that you knew or reasonably should have known about the abuse. There are some exceptions that a personal injury lawyer may be able to determine for you. Your best course of action in suspected cases of nursing home abuse is to start working with a personal injury attorney immediately.

With Mike Agruss Law, our nursing home abuse attorneys will dive right in to preserve the evidence in your case. This will allow you to recover damages more quickly. Contact us today to set up an appointment to discuss your case. You will not pay legal fees unless we win, and our initial consultation is free of charge, allowing you to gain valuable legal advice about your situation.

How Our Illinois Elder Abuse Lawyers Can Help

Often, family members are traumatized when they discover that a loved one is being abused or neglected in a long-term care facility. It is even more devastating when a family member dies as a result of the injuries they sustained at the hands of a caregiver that was supposed to take care of them.

With the help of a personal injury attorney at Mike Agruss Law, you will have the guidance you need to help you through this difficult time. You and your elderly loved one will be protected from harm as we work to hold the nursing staff and facilities accountable for their negligent and horrific actions.

This is a stressful time, and having an attorney ensures that you have someone digging into the research to build your case. We will look into inspection reports from both the state and federal regulators. We will investigate medical records, bills, billing procedures, and Medicare payments. We will gain access to all charts and files, search for medication errors, and handle every task to ensure we prove our case.

You will have our unwavering support through it all, a trusted confidant that will stop at nothing to uphold these facilities and care professionals to the requirements of the law. You and your loved one matter, and we will put an end to the abuse and seek maximum compensation on your behalf. Contact us today to speak with our abuse lawyer or injury lawyers on these matters or for car accidents, medical malpractice, or any other type of personal injury.

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