Chicago Nursing Home Abuse Lawyer | Call (312) 313-2273

Eric Terry leads our team of Chicago nursing home abuse lawyers.

With over a decade of legal experience, Eric handles nursing home neglect cases with compassion and care.

He, and our other attorneys, recognize the gravity of nursing home abuse and neglect cases and are dedicated to pursuing justice for abused or neglected residents and their families by holding negligent parties accountable.

At TorHoerman Law, we handle nursing home abuse and neglect cases with a collaborative approach.

Instead of relying on a single attorney, we assemble a team of experienced attorneys, each bringing specialized expertise and insight to your case.

This allows us to address every detail and develop a strategy tailored to your unique circumstances.

By combining our collective knowledge and experience, we provide comprehensive and effective legal representation to pursue justice for our clients.

Our team of nursing home abuse attorneys include:

• Steve Davis: With over 30 years of experience, Steve Davis is a dedicated advocate for those harmed through no fault of their own. His extensive litigation background makes him a strong voice for nursing home abuse victims in the Chicago area.
• Jake Plattenberger: As a partner at TorHoerman Law, Jake Plattenberger leads the Chicago office with a focus on personal injury cases, including nursing home abuse. Since 2009, he has handled hundreds of depositions and successfully tried over 35 cases before a jury.
• Chad Finley: Chad Finley combines legal expertise with a strong understanding of medical issues, enabling him to assess the long-term impacts of nursing home neglect. With over a decade of experience, he works to secure fair compensation for victims and their families.
• Tyler Schneider: As managing partner, Tyler Schneider leverages his leadership and deep connections in Chicago to deliver results for clients. His focus is on holding negligent nursing facilities accountable and achieving justice for abuse victims.
• Rachal Rojas: Rachal Rojas leads TorHoerman Law’s intake and client support team, ensuring clients receive clear communication and compassionate assistance. Her focus on client care is central to the firm’s mission of providing dedicated legal support.

Our Founder and Experienced Nursing Home Abuse Lawyer: Tor Hoerman

Tor Hoerman, founder of TorHoerman Law, is a nationally recognized attorney with more than 20 years of experience in personal injury cases.

He has dedicated his career to advocating for those harmed through no fault of their own, including elderly residents subjected to neglect and abuse in nursing facilities.

Tor has successfully secured billions of dollars in compensation for his clients, holding negligent corporations and individuals accountable for their actions.

Under his leadership, TorHoerman Law has built a reputation for compassionate representation and tenacious advocacy.

Tor is committed to ensuring every client receives the personalized attention and justice they deserve.

How Much Does it Cost to Hire a Nursing Home Abuse Attorney from THL?

Hiring a nursing home abuse attorney from TorHoerman Law costs nothing upfront because we work on a contingency fee basis.

This means you only pay legal fees if we successfully recover compensation for your case.

Our approach ensures that all families, regardless of financial situation, can access experienced legal representation without added stress.

If we do not win your case, you owe us nothing.

This allows you to focus on your loved one’s recovery and well-being while we handle the legal process.

Discovering signs of nursing home abuse or neglect can be distressing and overwhelming, but taking immediate action is crucial to protect your loved one.

Nursing home abuse or neglect often leaves families unsure of how to proceed, fearing retaliation or worsening conditions for the nursing home resident.

Acting quickly can prevent further harm and help hold the responsible parties accountable.

Documenting evidence and reaching out to the proper authorities can make a significant difference in addressing the issue.

If you suspect abuse or neglect, following these steps can help protect your loved one and strengthen your case for legal action.

Steps to take if you suspect nursing home abuse or neglect include:

1. Ensure Immediate Safety: Remove your loved one from the harmful situation if they are in immediate danger. Call 911 for emergency assistance if necessary.
2. Document Evidence: Take photos of injuries, unsanitary conditions, or other signs of neglect. Record dates, times, and details of any incidents or concerning behavior.
3. Report the Abuse: Notify the nursing home administrator or management in writing about your concerns. Contact the Illinois Department of Public Health (IDPH) to file a formal complaint.
4. Seek Medical Attention: Have your loved one evaluated by a medical professional to document injuries or health issues caused by the neglect or abuse.
5. Consult a Nursing Home Abuse Lawyer: Reach out to an experienced attorney to understand your legal options and begin building a case against the responsible parties.

How to Report Nursing Home Abuse in Chicago and Illinois

If you suspect that an Illinois nursing home resident is experiencing abuse or neglect, it’s crucial to take immediate action to protect their well-being.

The Illinois Department of Public Health (IDPH) operates a Central Complaint Registry to record and investigate complaints regarding nursing facilities.

You can report suspected nursing home abuse by calling the Nursing Home Hotline at 1-800-252-4343.

Additionally, the Illinois Department on Aging provides an Adult Protective Services (APS) Hotline at 1-866-800-1409 for reporting abuse, neglect, exploitation, or self-neglect of adults aged 60 or older, or persons with disabilities aged 18-59.

Steps to report nursing home abuse include (but are not limited to):

Step #1: Ensure Immediate Safety

If the resident is in immediate danger, call 911 to get prompt medical treatment and intervention.

Step #2: Document Observations

Keep detailed records of any signs of abuse or neglect, such as bed sores, unexplained injuries, or changes in behavior. Note dates, times, and specific incidents.

Step #3: Contact the Appropriate Authorities

• IDPH Nursing Home Hotline: Call 1-800-252-4343 to report suspected abuse in nursing home facilities.
• APS Hotline: For residents aged 60 or older, or adults with disabilities aged 18-59, call 1-866-800-1409.

Step #4: Provide Detailed Information

When reporting, be prepared to give the resident’s name, the facility’s name and address, and specific details about the suspected abuse or neglect.

Step #5: Follow Up

After reporting, stay in contact with the authorities to monitor the progress of the investigation and ensure that appropriate actions are taken.

Reporting abuse is a critical step in safeguarding nursing home patients and holding nursing home staff members accountable for their actions.

By promptly addressing suspected nursing home abuse, you help protect vulnerable elderly residents and contribute to improving the quality of care in Illinois nursing home facilities.

Common Evidence in Nursing Home Abuse Cases

Evidence is vital in nursing home abuse cases to demonstrate negligence, identify responsible parties, and build a strong legal claim.

Properly collected evidence can highlight patterns of mistreatment or neglect and ensure that justice is served for abused or neglected residents.

Families and legal teams must act promptly to gather and preserve evidence, as this is critical for proving liability and securing compensation for victims.

Common Types of Evidence in Nursing Home Abuse Cases:

• Medical Records: Document injuries, medical treatment, and signs of neglect, such as untreated bed sores or malnutrition.
• Photographs and Videos: Capture visible injuries, unsanitary conditions, or improper use of physical or chemical restraints.
• Witness Statements: Include testimony from other residents, visitors, or nursing home staff members who may have observed abuse or neglect.
• Facility Reports: Internal reports or incident logs maintained by the nursing home, which may document prior complaints or suspicious events.
• Surveillance Footage: Video recordings from the facility that may provide direct evidence of abusive behavior or negligence.
• Behavioral Changes: Records or observations of emotional or mental abuse, such as signs of fear, depression, or withdrawal.
• Correspondence: Emails, letters, or texts between staff members or management discussing incidents or failing to address complaints.
• Inspection Reports: Findings from state or federal nursing home inspections, highlighting deficiencies or violations of the Nursing Home Care Act.
• Bills and Financial Records: Evidence of financial exploitation, such as unauthorized charges or access to the resident’s funds.

Collecting and organizing this evidence is essential for holding negligent nursing home facilities accountable and ensuring that elderly residents receive justice and proper care.

Damages in a Nursing Home Abuse Lawsuit

In a legal context, “damages” refer to the compensation awarded to victims or their families for the harm they have suffered due to negligence or abuse.

In nursing home abuse lawsuits, damages are meant to address both the tangible financial costs and the emotional or physical toll of the mistreatment.

Victims and their families can pursue these damages to hold negligent nursing facilities accountable and secure the resources needed to recover and move forward.

Understanding the types of damages available is an important step in building a strong legal case.

Common Damages in Nursing Home Abuse Lawsuits:

• Medical Expenses: Compensation for costs associated with injuries, including hospitalization, surgeries, medications, and ongoing medical treatment.
• Pain and Suffering: Covers the physical pain and emotional distress caused by abuse or neglect.
• Loss of Enjoyment of Life: Compensation for the diminished quality of life due to injuries or mistreatment.
• Emotional Distress: Addresses the psychological effects of abuse, such as anxiety, depression, or post-traumatic stress disorder.
• Wrongful Death: In cases where abuse leads to a resident’s death, families may seek compensation for funeral expenses and loss of companionship.
• Financial Exploitation: Reimbursement for stolen funds, unauthorized charges, or mismanagement of a resident’s financial affairs.
• Punitive Damages: Additional compensation intended to punish the facility for egregious misconduct or negligence.
• Relocation Costs: Covers the expenses associated with moving the victim to a safer nursing facility.

These damages aim to provide justice for neglect victims and ensure that nursing home facilities prioritize the safety and well-being of elderly residents.

Nursing home abuse cases in Chicago follow the personal injury framework set in Illinois law.

Under the Illinois Nursing Home Care Act (210 ILCS 45), nursing home residents have specific rights to receive adequate care and live free from abuse or neglect.

Violations of these rights can serve as the basis for legal claims against negligent nursing home facilities and staff members.

Illinois’ statute of limitations for personal injury cases, including nursing home abuse, is two years from the date of the incident (735 ILCS 5/13-202), meaning legal action must be initiated within this timeframe.

Facilities may face legal consequences if they fail to protect residents from harm or properly address complaints of suspected abuse.

Working with an experienced nursing home abuse lawyer ensures these legal standards are upheld and victims’ rights are fully protected.

Steps in the legal process for a nursing home abuse lawsuit includes:

1. Contact a Nursing Home Abuse Lawyer: Speak with an experienced attorney to evaluate your case and understand your legal options.
2. Investigate the Case: Your lawyer will gather evidence, including medical records, witness statements, and facility reports, to build a strong claim.
3. File a Complaint: Initiate the lawsuit by filing a formal complaint against the nursing facility or responsible parties.
4. Engage in Discovery: Both sides exchange information and evidence related to the case, including facility documentation and depositions.
5. Negotiate a Settlement: Your attorney will work to secure a fair settlement from the facility’s insurance provider or legal team.
6. Prepare for Trial: If a settlement cannot be reached, your lawyer will represent you in court to present the case before a judge or jury.
7. Receive Compensation: Once a settlement or verdict is reached, compensation is awarded for damages such as medical care, pain and suffering, and wrongful death.

Relevant Laws for Illinois Nursing Homes

Illinois nursing homes are governed by federal and state laws designed to protect residents and ensure their safety, dignity, and quality of life.

These laws establish the rights of nursing home residents, set care standards for facilities, and outline penalties for violations.

Understanding these laws is essential for identifying abuse, neglect, or other misconduct within nursing home facilities.

Below are the key laws that regulate Illinois nursing homes and protect residents.

Federal Nursing Home Regulations:

1. Federal Nursing Home Reform Act (1987): Part of the Omnibus Budget Reconciliation Act (OBRA), this law sets national care standards for nursing homes participating in Medicare or Medicaid. It ensures residents have the right to receive adequate care, live free from abuse and neglect, and make decisions about their medical treatment.
2. Health Insurance Portability and Accountability Act (HIPAA): Protects residents’ medical information and ensures their privacy is maintained by nursing home staff and facilities.
3. Americans with Disabilities Act (ADA): Requires nursing homes to provide accessible environments and accommodations for residents with disabilities.

Illinois State Laws:

1. Illinois Nursing Home Care Act (210 ILCS 45): This comprehensive law outlines the rights of Illinois nursing home residents, including the right to adequate care, freedom from mental abuse, physical restraints, and the ability to manage their own financial affairs. It also provides legal avenues for families to take action if a facility violates these rights.
2. Illinois Elder Abuse and Neglect Act (320 ILCS 20): Requires the reporting and investigation of suspected abuse, neglect, or exploitation of elderly residents in nursing home facilities.
3. Medical Practice Act of 1987 (225 ILCS 60): Governs the actions of medical professionals, including nursing home staff, ensuring they adhere to acceptable standards of care when treating residents.
4. Adult Protective Services Act (320 ILCS 10): Provides protections for elderly residents who are at risk of neglect or abuse, with services available to investigate and intervene in cases of suspected harm.

Key Protections for Illinois Nursing Home Residents:

• Freedom from Abuse and Neglect: Residents have the right to live free from physical, emotional, verbal, and financial abuse.
• Medical Rights: Residents can choose their own doctor, refuse medical treatment, and receive appropriate care tailored to their needs.
• Right to Privacy: Nursing homes must respect residents’ privacy in medical, financial, and personal matters.
• Access to Information: Residents and their families have the right to access facility policies, inspection reports, and care plans.
• Protection Against Retaliation: Facilities cannot retaliate against residents or families who report suspected nursing home abuse or neglect.

These laws are designed to uphold the safety, dignity, and rights of elderly residents in Illinois nursing homes.

If you believe a nursing home has violated these regulations, consulting an experienced attorney can help you take legal action to protect your loved one.

Nursing home abuse and neglect are serious issues that jeopardize the health, safety, and dignity of elderly residents.

These incidents often occur when nursing home staff members or facilities fail to provide adequate care or deliberately harm residents.

Abuse can take many forms, ranging from physical violence to emotional manipulation, leaving victims physically injured, emotionally traumatized, and financially exploited.

Many cases go unnoticed because residents are unable or afraid to report what they’ve endured.

Types of nursing home abuse, neglect, and mistreatment include:

• Physical Abuse: Intentional harm such as hitting, slapping, or improper use of restraints, resulting in serious injuries like bruises or fractures.
• Neglect: Failing to provide adequate care, including food, water, hygiene, and medical treatment, leading to malnutrition, dehydration, or bed sores.
• Emotional Abuse: Verbal insults, threats, or intimidation designed to degrade, control, or isolate residents.
• Sexual Abuse: Any non-consensual sexual contact or activity, including inappropriate touching or assault.
• Financial Abuse: Theft or unauthorized use of a resident’s funds, assets, or personal property by staff members or others.
• Medical Neglect: Failing to administer prescribed medication, delaying treatment, or ignoring medical needs, resulting in worsened health conditions.
• Abandonment: Leaving residents unattended, especially those with mobility or cognitive impairments, which can lead to dangerous situations.
• Verbal Abuse: Harsh language, yelling, or humiliation that causes psychological harm.
• Medication Errors: Improperly administering drugs to control behavior or neglecting necessary medications.

If you believe someone you know or love is experiencing nursing home neglect, abuse, or mistreatment of any kind, it is important to report the abuse and seek legal advice on the steps to move forward.

At TorHoerman Law, we are committed to standing up for Illinois nursing home residents who have suffered abuse or neglect.

Our experienced legal team works tirelessly to hold negligent nursing facilities and staff accountable for their actions.

If your elderly family member has been mistreated in a nursing home, you have the right to seek justice and compensation.

Contact TorHoerman Law today to discuss your case with a compassionate and knowledgeable Chicago nursing home abuse lawyer from our law firm.

Call us or use the chat feature on this page to schedule a free consultation and take the first step toward protecting your loved one’s rights.