When you place your elderly parents in a nursing home, you do so with peace of mind they will be taken care of as their mental/physical faculties fail. That is the duty of care these facilities have to uphold according to the law and if they neglect this law, they can be held accountable for their actions.
Unfortunately, these cases are more common than we realize because most care facilities are understaffed and many don’t screen employees before hiring them. As a result, the elderly and helpless residents get stuck with caregivers who are not experienced enough to take care of their unique needs, leading to serious injuries and neglect.
However, this does not excuse the degree of care nursing homes should maintain as according to the law. Any breaches in that care can be held up in court and the facility can be sued for damages. There are several legal ways you can prove nursing home facilities are guilty. You will need to prove:
If the senior resident has been abused by members of the care facility, you will have to prove the specifics of the harm they suffered. This includes physical/mental pain and suffering, the emotional distress they went through and the cost of the treatment the resident went through to recover from the abuse and neglect.
Some documentation that can prove useful in such cases includes:
Besides compensatory damages, under certain circumstances – the court can also award punitive damages. To really strengthen you case, bring an expert witness in such as a doctor who specializes in treating elderly patients and who can prove the injuries the resident suffered were due to neglect.
Elderly parents and grandparents often suffer in silence in nursing homes because they don’t want their families to worry or be a burden. If you think they are behaving differently or appear reserved and drawn in, you should start your investigation ASAP and hire an attorney from the Law Offices of Robert T. Edens. We can give you a free, honest, no-obligation consultation, which can give you a clear picture of your case. We represent clients in Chicago, Waukegan, Libertyville, Woodstock and Antioch, IL so get in touch with us today.