Karlin, Fleisher & Falkenberg, LLC is ready to help your loved one pursue the compensation they’re entitled to for the abuse they endured at their Belmont Village nursing home.
Deciding to place your loved one in someone else’s care is never an easy choice. Senior communities, such as the Belmont Village nursing facility, offer assisted living programs for elderly residents. You assume that the staff at your nursing home is well-trained, and the accommodations are safe. However, nursing home residents suffer injuries daily. Some end up being fatal.
When the staff at senior living facilities fails to provide proper care, they could be financially responsible for the victim’s losses. You or your loved one shouldn’t have to pay for any expenses that result from the injuries. You have the right to seek compensation from the nursing home and ensure the abusive or neglectful party is held liable.
The experienced nursing home attorneys at Karlin, Fleisher & Falkenberg, LLC have the resources and experience needed to investigate your concerns and help ensure the well-being of your loved one at the Belmont Village nursing home. Call us today at 312-346-8620 to schedule a free consultation.
What Are the Rights of Nursing Home Residents?
The Illinois Nursing Home Care Act details the rights of nursing home residents. All individuals living in assisted living facilities should have access to quality medical care and receive fair treatment from all staff members. Under the Act, nursing home residents have the following rights:
- Freedom of speech
- Freedom of religion
- Right to be free from abuse and neglect
- Freedom from unlawful discrimination
- Right to privacy in medical and personal care programs
- Right to retain and use one’s own personal property
- Right to receive necessary treatment from a doctor
- Right to refuse unwanted medical care
- Right to be free from unreasonable restraint
- Right to manage one’s own finances
- Right to participate in chosen facility activities
- Right to file complaints without fear of repercussions
- Right to visit with family and friends
If you believe a staff member violated any of your loved one’s rights in their nursing home facility, you can pursue legal action.
Categories of Nursing Home Abuse
When most people think of abuse, they think about the physical harm someone endures and the visible injuries that result from it. However, abuse comes in many forms.
Three main categories of abuse exist in nursing facilities: physical, sexual, and emotional. There’s also a separate type of abuse known as neglect. All four situations cause injuries and fatalities every year. It’s important to know what the warning signs are so you can keep your loved one safe.
Physical Abuse
Physical abuse is the intentional use of physical force that causes bodily harm. The different signs of physical abuse you should look for include:
- Burns, cuts, and bruises
- Broken bones
- Dislocated joints
- Sprains
- Tooth loss
- A pattern of treatment for the same injuries
- Delayed care of an injury
- Sudden hair loss
Sexual Abuse
Sexual abuse includes forcing unwanted sexual acts upon an elder. It’s a disturbing reality, but older adults are more vulnerable to sexual abuse, especially if they have a disability, mental illness, or dementia. The most common signs that sexual abuse occurred include:
- Bleeding from the genitals or anus
- Diagnosis of a sexually transmitted disease
- Pelvic injuries
- Bruised genitals or inner thighs
- Problems sitting or walking
- Torn, stained, or bloody underwear
Emotional Abuse
Emotional abuse is the intentional act of inflicting mental pain, distress, or fear. It usually involves yelling, belittling, and name-calling. Signs of emotional abuse include:
- Withdrawal from activities and social interaction
- Different sleeping patterns
- Self-isolation from friends and family
- Low self-esteem
- Mood swings
- Fear of certain staff members
Neglect
Neglect happens when a caregiver lacks regard for their patient’s well-being, putting them at risk of injury. Residents left alone for long periods must fend for themselves and end up getting hurt because they depend on their nurses to help them groom and go to the bathroom. The signs of neglect vary from minor to severe, such as:
- Dehydration
- Malnutrition
- Bedsores
- Poor hygiene
- Infection
- Dirty clothing
- Personality changes
How to Handle Belmont Village Nursing Home Abuse
It’s sometimes tough to determine if your loved one suffered abuse or their injury was because of an accident. The truth of the matter is sometimes accidents happen. Some nursing home staff work hard to ensure their patients are safe and healthy but make honest mistakes.
If you notice any repetitive injuries or can’t seem to get an explanation as to why your loved one has injuries, it’s likely abuse. Nursing homes will try to cover it up to avoid a lawsuit, and employees might try to hide residents’ injuries so they don’t get in trouble. Knowing what to look for and how to handle a situation of abuse or neglect is crucial.
- Report the abuse: Tell the nursing home staff that you believe your loved one was the victim of abuse and request a copy of the written report. You can also file a complaint with law enforcement.
- Remove the patient: If there are signs of abuse, you need to remove your loved one from the situation and away from their abuser. Transfer them to the hospital to get treatment for their injuries and move them into another nursing facility.
- Take photos: Take pictures of all injuries to use as evidence that the abuse occurred.
- Document everything: Request copies of their medical records, notate the signs of abuse that you saw, and get statements from anyone who witnessed the abuse.
- Speak to an attorney: A Chicago nursing home abuse attorney from Karlin, Fleisher & Falkenberg, LLC will help you gather evidence and file an insurance claim or a lawsuit on your loved one’s behalf.
The Value of Your Case
To find out how much compensation you can pursue for your loved one, you have to consider multiple factors, including:
- The severity of the injury
- Type of treatment needed
- Available insurance coverage from the nursing home
- Proof that abuse occurred at the facility
- Copies of medical records documenting the injuries and necessary care for recovery
- If a permanent disability resulted from the abuse
There are damages you can claim when you seek compensation. Damages are losses your loved one incurred as a result of an injury. You could also claim your own damages if assisting your loved one negatively impacted your income, quality of life, or relationships. These damages might include:
- Medical bills
- Loss of enjoyment of life
- Lost wages for the time spent away from work to care for your loved one
- Physical pain
- Emotional or psychological trauma
Contact Us to Speak with a Belmont Village Nursing Home Abuse Attorney
Call Karlin, Fleisher & Falkenberg, LLC to find out how our Chicago nursing home abuse attorneys can help your loved one recover a full and fair settlement for the abuse they endured at their nursing home. We offer free consultations to review your case and provide legal advice.
We know how important it is to seek justice, and we will help you fight against the parties responsible for your loved one’s suffering. Fill out our contact form or call 312-346-8620 to schedule your free consultation.