When you trust a nursing home to care for your loved one, you expect safety, dignity, and proper medical attention. Unfortunately, nursing home abuse affects far too many elderly residents across Chicago and Illinois. If your family member has been harmed in a nursing home, you need experienced legal advocates who understand the complex issues involved in elder abuse cases.
At Willens & Baez Personal Injury Lawyers, P.C., we have dedicated our careers to protecting the rights of vulnerable individuals and their families. Led by founding attorney Matthew Willens, our Chicago nursing home abuse lawyers are top-rated. We have successfully recovered over $1.4 million in nursing home negligence settlements, including a $725,000 settlement for a man who received a serious infection due to improper nursing home treatment.
Consult with us for free about your potential nursing home abuse case. Call (312) 957-4166 today.
The Alarming Reality of Nursing Home Abuse
The statistics surrounding nursing home abuse are deeply troubling. Data from the Centers for Medicare and Medicaid Services show that US nursing homes were issued 94,499 health citations in 2023, with 7,654 of these citations (8.1 percent) related to resident abuse, neglect, or exploitation.
The problem extends beyond just reported cases. The Centers for Medicare and Medicaid Services say that nearly 16% of nursing home and care community residents report experiencing abuse. But, according to the Centers for Disease Control and Prevention (CDC), many other cases of abuse are not reported due to the victims’ fear or inability to tell someone. Additional studies suggest only one in fourteen nursing home abuse cases are actually reported.
Types of Nursing Home Abuse
Nursing home abuse takes many forms, each causing significant harm to vulnerable residents:
Physical Abuse
Studies show that physical abuse accounts for 14.1 percent of abuse reported in nursing homes. Physical abuse encompasses hitting, slapping, pushing, or inappropriate restraint use. Research involving 452 family members of nursing home residents showed that 24.3% encountered at least one instance of physical abuse.
Emotional and Psychological Abuse
An analysis found that psychological abuse accounts for 33.4 percent of abuse in institutional settings. Emotional abuse encompasses verbal threats, humiliation, isolation, or intimidation methods. A survey of 577 nurses and nursing aides working in long-term care facilities revealed that 81% of staff members witnessed emotional elder abuse.
Financial Abuse
Analyzed data indicates that 13.8 percent of nursing home abuse cases involve financial exploitation. This encompasses theft of residents’ money, property, or exploitation of their financial assets. Financial exploitation is estimated to cost elderly Americans, including nursing home residents, approximately $2.9 billion annually, reported the US Senate Special Committee on Aging.
Neglect
A meta study reports that neglect represents roughly 11.6 percent of nursing home abuse cases across the nation. Neglect occurs when nursing homes fail to provide basic care needs, including proper nutrition, hygiene, medical care, or supervision.
Sexual Abuse
While less common, sexual abuse in nursing homes is a serious concern that requires immediate legal intervention and investigation.
Warning Signs of Nursing Home Abuse
Families should watch for these potential indicators of abuse:
Physical Signs
- Unexplained bruises, cuts, or injuries
- Broken bones or dislocations
- Bedsores or poor hygiene
- Sudden weight loss
- Medication errors or overmedication.
Emotional and Behavioral Changes
- Withdrawal from family and activities
- Fear of certain staff members
- Unusual anxiety or depression
- Changes in sleeping or eating patterns
- Reluctance to discuss nursing home experiences.
Environmental Red Flags:
- Understaffed facilities
- Poor cleanliness or maintenance
- Lack of supervision
- High staff turnover
- Complaints from other families.
The Chicago Nursing Home Industry
According to the ASPE, over 70% of nursing homes are for-profit organizations, 22.5% are nonprofits, and 5.7% are government institutions. For-profit nursing homes that are poorly managed often reduce adequate staffing to increase profits.
Chicago’s nursing homes face significant staffing challenges. The Office of The Inspector General reports that 14% of nursing homes operate with insufficient staffing levels to provide adequate resident care. These staffing shortages directly contribute to neglect and abuse cases.
Why Choose Willens & Baez Personal Injury Lawyers for Your Nursing Home Abuse Case
Proven Track Record of Success in Nursing Home Abuse Cases
Founding attorney of Willens & Baez, Matthew Willens has established himself as one of Chicago’s premier personal injury lawyers, with expertise in nursing home abuse and elder neglect cases. He has earned recognition both nationally and within Illinois as among the top personal injury lawyers in the state. Attorney Matthew Willens has been practicing law for more than 27 years and has obtained numerous million-dollar recoveries for clients.
Willens & Baez Personal Injury Lawyers are top-rated in the nursing home elder abuse field, with specific experience in cases involving:
Recent Nursing Home Abuse Case Results
- $725,000 settlement – Man who received a serious infection after improper treatment at a nursing home
- $275,000 settlement – Woman who received serious injuries after she was dropped at a nursing home
- $225,000 settlement – Woman who was not properly supervised while at a nursing home and fell, causing serious injuries
- $200,000 settlement – 70-year-old woman with multiple sclerosis who fell off bed due to nursing home negligence, suffering a broken hip.
Unique Insurance Industry Experience
What sets Willens & Baez Personal Injury Lawyers, P.C. apart is our team’s unique background. attorney Matthew Willens previously served as an insurance company executive, and partner attorney David Baez began his legal career representing insurance companies as a defense attorney. This insider knowledge allows us to anticipate defense strategies and build stronger cases for our clients.
Recognition and Professional Achievements
Founding attorney of Willens & Baez Personal Injury Lawyers, P.C., Matthew Willens achieved selection to the National Association of Distinguished Counsel, the Nation’s Top One Percent of Attorneys. Matthew Willens also holds an AV Preeminent 5.0 peer review rating for personal injury and medical malpractice, which represents the top possible rating in the respected Martindale-Hubbell legal directory. In addition, his peers have recognized Matthew Willens as a Top 100 “Illinois Super Lawyer,” a distinction given to fewer than one percent of attorneys throughout the state.
Legal Rights of Nursing Home Residents
Under federal and state law, nursing home residents have specific rights, including:
- The right to be free from abuse and neglect
- The right to dignity and respect
- The right to appropriate medical care
- The right to privacy
- The right to make complaints without retaliation
- The right to manage their own financial affairs.
When nursing homes violate these rights, families have legal options to seek justice and compensation.
Building a Strong Nursing Home Abuse Case
Successful nursing home abuse cases require thorough investigation and documentation. The Willens & Baez legal team works to:
Gather Evidence
- Medical records and documentation
- Witness statements from staff and other residents
- Expert testimony from medical professionals
- Facility inspection reports and citations
- Photographs of injuries or poor conditions.
Investigate the Facility
- Staffing levels and training records
- History of violations and complaints
- Corporate ownership and profit motives
- Policies and procedures for resident care.
Work with Medical Experts
- Document the extent of injuries
- Establish causation between neglect and harm
- Calculate future medical needs and costs.
Compensation Available in Nursing Home Abuse Cases
Victims of nursing home abuse may be entitled to various forms of compensation:
Economic Damages
- Medical expenses for treating injuries
- Additional care costs
- Relocation to a safer facility
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Lost enjoyment of life
- Loss of dignity
- Mental anguish.
Punitive Damages
In cases involving particularly egregious conduct, punitive damages may be available to punish the facility and deter future abuse.
The Legal Process for Nursing Home Abuse Cases
Initial Consultation
Your experience at Willens & Baez Personal Injury Lawyers begin with a free, confidential consultation to evaluate your case. During this meeting, we’ll review medical records, discuss the circumstances of the abuse, and explain your legal options.
Case Investigation
The Willens & Baez legal team then performs a comprehensive investigation, collecting evidence and working with medical experts to establish a solid foundation for your case.
Filing the Lawsuit
If we determine you have a viable case, we’ll file a lawsuit against the responsible parties, which may include the nursing home, its staff, and corporate owners.
Investigation and Settlement Discussions
Throughout the discovery process, both parties share information and evidence. A significant number of cases reach resolution through settlement discussions during this stage.
Trial
When a reasonable settlement cannot be achieved, we’re ready to present your case at trial and pursue the highest possible compensation.
Acting Quickly: Illinois Statute of Limitations
It’s important to act quickly if you suspect nursing home abuse. Illinois has specific time limits for filing personal injury lawsuits, and evidence can disappear over time. The sooner you contact our legal team, the better we can preserve crucial evidence and protect your loved one’s rights.
Supporting Families Through Difficult Times
We understand that discovering abuse against your loved one is emotionally devastating. Our team provides compassionate support throughout the legal process while aggressively pursuing justice. We handle all aspects of your case, allowing you to focus on your family member’s care and recovery.
Why Elder Abuse Cases Are Different
Nursing home abuse cases involve complex legal and medical issues that require knowledge in:
- Regulatory compliance: Nursing homes must comply with federal and state regulations. Understanding these requirements is crucial for building effective cases.
- Medical expertise: Elder abuse cases often involve complex medical conditions and require expert testimony to establish causation and damages.
- Corporate structure: Many nursing homes are owned by large corporations with complex ownership structures designed to limit liability.
- Insurance coverage: Understanding available insurance coverage and how to maximize recovery requires specialized knowledge.
Holding Nursing Homes Accountable
Nursing homes across the United States were issued 94,499 total health citations in 2023. Of these citations, 7,654 (8.1 percent) were related to resident abuse, neglect, or exploitation incidents. Despite these alarming numbers, many facilities continue to prioritize profits over patient care.
The Willens & Baez Personal Injury Lawyers, P.C. legal team is committed to holding negligent nursing homes accountable for their actions. By pursuing strong legal action, we not only seek justice for individual victims but also work to improve conditions for all nursing home residents.
Frequently Asked Questions
Q: How do I know if my loved one is being abused?
A: Look for physical signs like bruises, sores, or unexplained injuries, behavioral shifts such as withdrawal or fear, and environmental red flags like understaffing or poor conditions.
Q: What should I do if I suspect abuse?
A: First, ensure your loved one’s immediate safety. Document any evidence, report the abuse to authorities, and contact an experienced nursing home abuse attorney immediately.
Q: Can I move my loved one to a different facility?
A: Yes, you have the right to move your loved one to a safer facility. We can help you understand your options and ensure proper arrangements are made.
Q: How long do I have to file a lawsuit?
A: Illinois has specific time limits for filing personal injury lawsuits. Contacting an attorney promptly is crucial to safeguard your legal rights.
Q: Do I need to pay attorney fees in advance?
A: No. We work on a contingency basis, meaning you pay no attorney fees unless we successfully recover compensation for your case.
Contact Willens & Baez Personal Injury Lawyers, P.C. Chicago’s Top-Rated Nursing Home Abuse Lawyers
If your loved one has been the victim of nursing home abuse in Chicago or anywhere in Illinois, don’t wait to seek legal help. Willens & Baez Personal Injury Lawyers are top-rated in the nursing home elder abuse field, with a proven track record of successful settlements and verdicts for nursing home negligence cases.
Our team of seasoned Chicago Personal Injury Lawyers and Accident Attorneys specializes in maximizing injury compensation. Willens & Baez Personal Injury Lawyers has a 27+ year record of success in representing individuals and families who have suffered personal injury or death caused by the negligent conduct of others.
Recent Nursing Home Abuse Settlements
- $725,000 Settlement – Man who received infection after improper treatment at nursing home
- $275,000 Settlement – Woman who received serious injuries after being dropped at nursing home
- $225,000 Settlement – Woman not properly supervised at nursing home, fell causing serious injuries
- $200,000 Settlement – 70-year-old woman with multiple conditions fell off bed due to nursing home negligence, suffered a broken hip.
Why families throughout Chicago trust Willens & Baez Personal Injury Lawyers, P.C.:
- Top-rated nursing home abuse attorneys: Recognized as leaders in the nursing home elder abuse field with consistent successful outcomes
- Proven results: Our attorneys have secured millions in settlements and verdicts, including specialized expertise in nursing home negligence cases
- No fee unless we win: We operate on a contingency fee basis, which means you don’t pay attorney fees unless we obtain successful compensation
- Comprehensive investigation: We leave no stone unturned in building your case
- Compassionate support: We understand the emotional toll of elder abuse and provide caring guidance throughout the process
- Free consultation: We offer a free, confidential evaluation of your case.
Don’t let nursing home abuse go unpunished. Your loved one deserves respect, dignity, and proper care. When these basic rights are violated, we’re here to advocate for you as you seek justice.
Contact us at (312) 957-4166 today for your complimentary consultation. We’re available 24/7 to discuss your case and answer your questions.
