How to File a Nursing Home Abuse Claim in Illinois
When you or your family member suffers serious injuries from abusive conditions in a facility that was supposed to provide care, you have every right to be angry. You also have the right to file a nursing home abuse claim in Illinois. As some of the most complex cases put a great deal of pressure on the victim to prove fault, it is often beneficial to work with a Chicago nursing home abuse attorney throughout this process.
The following steps can help you to document what occurred, report it to those who can act, and provide you with access to financial recovery of your losses. Speak with a nursing home abuse lawyer today.
Report the Incident to the Illinois Department of Health
Before any other step, remove your loved one from the abusive situation and, when possible, contact the police to file a criminal report. Then, file a nursing home abuse claim with the Illinois Department of Public Health. This organization regulates nursing homes and handles claims of abuse. You can call the agency’s hotline to report the incident through the IDPH Nursing Home Complaint Form.
This agency will then investigate any serious complaints within 24 hours. They will visit the location, gather information and evidence, take witness statements, and gather all records of the event and those involved. Note that this step allows you to document what occurred and aims to secure evidence. You shouldn’t expect the agency to take any steps to help you recover damages.
This complaint filed with the IDPH is a starting point. It allows regulators to learn about unsafe conditions so they can take steps to correct them. That may include citing those responsible, levying fines against them, and, in some cases, revoking licenses. The agency works to fix the underlying concerns so it does not happen again. However, their investigation can serve as valuable insight and evidence that can later help you.
File a Nursing Home Abuse Lawsuit for Your Losses
In the event of serious physical, mental, or financial losses, filing a civil lawsuit against the at-fault party is necessary. Your nursing home abuse attorney will help you prepare for this process. That includes a comprehensive investigation conducted by your attorney, detailed medical evaluations, and documentation of state law violations.
You may file a claim against the nursing home or those responsible parties for all losses you have, including:
- Medical costs related to the event
- Emotional distress and mental harm
- Pain and suffering
- Wrongful death, in instances in which someone loses their life
In cases of gross negligence, it may be possible to receive punitive damages as well. Your nursing home abuse lawyer in Chicago will discuss this opportunity with you if you have suffered particularly aggressive or heinous crimes.
Insurance companies may attempt to settle the claim out of court. Your nursing home abuse attorney will negotiate fair compensation for you or, in the event that they will not settle fairly, will seek legal action through a lawsuit.
Reach Out to a Chicago Nursing Home Abuse Lawyer
If your loved one is suffering from injuries or illness, prioritize getting them the care they need. That may mean calling 911 to remove them from dangerous situations. Then file a report with the state to ensure documentation of critical evidence.
Speaking to a nursing home abuse attorney in Chicago becomes a critical step. Your nursing home abuse lawyer will act quickly to help you minimize further damage and preserve your right to seek legal action.
Contact Taxman, Pollock & Bekkerman today at (312) 586-1700 to schedule a free consultation and allow our Chicago nursing home abuse attorneys to help protect your loved ones’ rights.