When you place your loved one in a nursing home, you expect them to receive the compassionate and attentive care they deserve. Unfortunately, elder neglect in nursing homes is more common than many families realize. If you suspect your loved one has been harmed by neglect, it is critical to act quickly. Building a nursing home neglect case requires more than gut instinct—it requires documentation, strategic action, and experienced legal support.
Below, we will walk through the key steps to building a nursing home neglect case and share practical tips to help you protect your family and hold negligent facilities accountable.
Steps to Building a Nursing Home Neglect Case
Nursing home neglect cases can involve a range of issues, from untreated bedsores to malnutrition or emotional trauma. These cases are not only about seeking justice—they are about preventing future harm. If you suspect neglect, here are the first steps to take:
Recognize the Signs of Neglect
The first thing you’ll want to do is watch for signs that something’s not right. Neglect can show up in multiple ways. Still, some of the most common red flags include unexplained bruises or broken bones, poor hygiene, messy or dirty living conditions, sudden weight loss, dehydration, or your loved one acting distant or off. You might also notice untreated medical problems, frequent falls, or even wandering around unsupervised. If anything feels off, trust your gut—start writing things down and keeping track of what you see.
Gather and Preserve Evidence
Substantial evidence is key to taking action over nursing home neglect. Start collecting anything that shows what’s going on—take photos of injuries, the living space, or anything that looks unsafe. Keep medical records, hospital reports, medication logs, and care plans. It’s also helpful to jot down notes about how the staff acts or anything that feels off, and if you can get statements from other residents or visitors, that would be even better. Keeping track of everything as it happens—dates, details, timelines—can help back up your case.
Report Your Concerns
If you think neglect is happening, file a formal complaint with the nursing home first. If nothing changes or you’re not getting answers, don’t hesitate to take it further. In Illinois, you can report it to the Department of Public Health for extra help. Making these reports gets your concerns on record and can help trigger investigations that back up your case.
Contact a Nursing Home Abuse Attorney
Building a successful case requires more than good evidence. You need someone who knows elder abuse legal rights and can push back when facilities deny wrongdoing. An experienced nursing home abuse attorney can help you with the following:
- Investigate care practices and internal records
- Subpoena relevant documents
- Work with medical experts
- Deal with complex state and federal regulations
Illinois has specific nursing home regulations that protect residents. An attorney familiar with these laws can help you hold facilities accountable for violations.
Tips for Strengthening Your Case
Once you’ve started down the legal path, the little things matter more than ever. A few extra steps can help your case:
Stay Involved in Their Care
Keep showing up. When you visit often, it’s easier to notice if something’s off—a change in mood, a new injury, or how the staff interacts with them. Ask questions. Watch how things are run. The more hands-on you are, the harder it is for problems to slip through the cracks.
Keep a Journal
As soon as you feel something isn’t right, start writing it down. Jot down dates, what you saw, who you talked to, and any symptoms or behavior changes. Having a log can help connect the dots later and keep your memory sharp when it’s time to explain things.
Don’t Put It Off
Illinois’ timeline for filing a nursing home neglect lawsuit falls under statutes 735 ILCS 5/13-202 and states that you usually have two years to file a lawsuit, but the sooner you act, the better. Waiting too long can make it harder to get solid evidence or find witnesses who remember what happened.
Know What You’re Up Against
Nursing homes don’t always admit fault. They might blame the person’s age, health issues, or say it was just an accident. That’s why having a lawyer who knows these cases is a big deal. They can push back with expert opinions and the kind of proof that sticks.
At the end of the day, staying alert, involved, and organized can make all the difference when you’re trying to advocate for someone who cannot do it themselves.
Filing a Nursing Home Neglect Lawsuit in Illinois
To succeed in a personal injury for elder care negligence case, you must prove:
- The facility had a duty of care
- That duty was breached through negligent actions or inaction
- The breach caused harm to your loved one
- The harm resulted in measurable damages
This could include medical bills, emotional distress, or pain and suffering. In some cases, punitive damages may also be available if the neglect was particularly severe or willful.
An experienced attorney will guide you through each element, working to uncover violations and build a clear connection between the facility’s conduct and your loved one’s injuries.
Protecting Loved Ones in Nursing Homes
Even if you’re not ready to file a lawsuit, stepping in and looking out for your loved one is still really important. A few things you can do right away: ask the nursing home to go over their care plan with you, think about moving them somewhere safer if things feel off, talk to other families who might be seeing the same issues, and look into mental health support if your loved one seems shaken or traumatized. Every step you take sends a clear message—they’re not alone, and someone’s paying attention.
Speak With a Nursing Home Abuse Attorney Today
At Karlin, Fleisher & Falkenberg, LLC, we understand the emotional toll elder neglect takes on families. Our team has decades of experience representing victims of nursing home abuse and neglect in the Chicago area. We know how to hold negligent facilities accountable—and we are here to help you do just that.
If you are ready to talk with someone about your legal options, reach out today. You can call our law firm at 312-346-8620 or through our online form for an appointment with one of our Chicago nursing home abuse lawyers to get started. We are ready to help you protect your loved one and build a case that gets results.