Chicago Nursing Home Abuse and Neglect Lawyers

Experienced Elder Abuse Attorneys for Chicago Nursing Home Residents

When families place a loved one in a nursing home, they trust the facility to provide care, dignity, and safety. Unfortunately, nursing home abuse and neglect remain a serious problem across the country—and Chicago is no exception. Victims and their families have legal rights and may be entitled to compensation when a nursing home fails in its duty of care. At John J. Malm & Associates, our top-rated Chicago injury lawyers help victims of nursing home neglect and abuse get the compensation they deserve.

What Is Nursing Home Abuse and Neglect?

Nursing home abuse refers to intentional actions that cause harm or distress to a resident, while neglect involves failing to meet a resident’s basic needs. Both are violations of state and federal laws and can have devastating consequences.

Types of Nursing Home Abuse:

• Physical abuse: Hitting, slapping, restraining improperly
• Emotional abuse: Intimidation, isolation, verbal insults
• Sexual abuse: Non-consensual or inappropriate contact
• Financial exploitation: Stealing money, forging checks
• Neglect: Failing to provide adequate food, water, hygiene, or medical care

Alarming Statistics on Nursing Home Abuse and Neglect

National and state-level data show how widespread the problem is:

• According to the National Center on Elder Abuse(NCEA), about 1 in 6 older adults in institutional settings experiences some form of abuse.
• A study published in the Journal of the American Medical Association (JAMA) found that 24.3% of nursing home residents reported at least one instance of physical abuse.
• The Illinois Department of Public Health (IDPH), which oversees nursing homes in the state, received more than 5,000 complaints against long-term care facilities in 2022 alone.
• A 2022 report by the U.S. Department of Health and Human Services found that 20% of nursing facilities had instances of abuse or neglect severe enough to cause harm or put residents at risk.
• In Cook County, home to Chicago, there were over 300 substantiated cases of elder abuse in nursing homes reported to Adult Protective Services in a single year, according to the Illinois Department on Aging.

These numbers likely underestimate the true scope of the problem. Many victims are unable or afraid to report abuse due to cognitive decline, fear of retaliation, or lack of family oversight.

Common Signs of Chicago Nursing Home Abuse and Neglect

Recognizing abuse or neglect early is critical. Families should be alert to the following signs of nursing home abuse and neglect:

Physical Signs:

• Unexplained bruises, cuts, or burns
• Frequent falls or fractures
• Bedsores (pressure ulcers)
• Poor hygiene or dehydration
• Overmedication or signs of chemical restraint

Emotional and Behavioral Signs:

• Sudden withdrawal or fearfulness
• Anxiety or depression
• Reluctance to speak in the presence of staff
• Changes in sleeping or eating habits

Environmental Signs:

• Dirty or unsafe living conditions
• Staff shortages
• Unattended residents
• Poor record-keeping

If you suspect abuse or neglect, document the evidence and contact a trusted Chicago nursing home injury attorney immediately.

Legal Protections for Nursing Home Residents in Illinois

Illinois law provides robust protections for residents of nursing homes and assisted living facilities. Two primary legal frameworks apply to protect nursing home residents:

1. Illinois Nursing Home Care Act (210 ILCS 45/)

This state law outlines the rights of residents, including the right to:

• Be free from abuse and neglect
• Receive adequate medical care and hygiene assistance
• Have personal and medical records kept confidential
• Voice grievances without fear of retaliation

Facilities that violate these rights can be held civilly liable. Victims and families may be entitled to compensatory damages, including for pain and suffering, medical expenses, and in some cases, punitive damages.

2. Federal Nursing Home Reform Act (OBRA, 1987)

This federal law sets minimum standards for care and establishes residents’ rights, such as:

• Freedom from abuse and exploitation
• Participation in one’s own care planning
• Privacy and dignity

Facilities that receive Medicare or Medicaid funding must comply with these regulations or risk penalties and loss of funding.

How to Report Nursing Home Abuse in Chicago

If you suspect abuse or neglect in a Chicago nursing home, take action immediately. In Chicago and across Illinois, you can report nursing home abuse through the following channels:

1. Illinois Department of Public Health (IDPH)

• Phone: 1-800-252-4343
• Online Complaint Form: IDPH Nursing Home Complaint Form

2. Illinois Adult Protective Services (APS)

• Handles cases involving seniors in both home and facility settings
• 24/7 Hotline: 1-866-800-1409

3. Long-Term Care Ombudsman Program

• Advocates for residents in nursing facilities and can help investigate complaints
• Cook County Ombudsman Office: (312) 814-2870

4. Local Law Enforcement

• For immediate danger or suspected criminal conduct, call 911 or your local police department.

5. A Qualified Chicago Nursing Home Abuse Attorney

• An attorney can help you gather evidence, file civil claims, and ensure your loved one’s rights are protected.

Filing a Nursing Home Abuse Lawsuit in Chicago

A civil lawsuit allows victims or their families affected by nursing home abuse and neglect to seek financial compensation and justice through the court system. Here’s how the process typically works:

Step 1: Investigation

Your attorney will gather medical records, staffing logs, witness testimony, and facility inspection reports to determine liability.

Step 2: Filing a Claim

A lawsuit is filed in the appropriate court—typically the Cook County Circuit Court for cases in Chicago.

Step 3: Discovery and Negotiation

The legal teams exchange evidence. Many cases settle before trial. Your lawyer will negotiate for maximum compensation.

Step 4: Trial (if necessary)

If no settlement is reached, the case proceeds to trial. A judge or jury decides the outcome and awards damages.

Who Can Be Held Liable for Chicago Nursing Home Abuse and Neglect?

Several parties may be legally responsible for abuse or neglect, including:

• The nursing home facility
• Individual caregivers or staff
• Third-party medical providers (e.g., on-site doctors)
• Corporate ownership groups or management companies

Under Illinois law, nursing homes are often held liable for the actions of their employees through the legal doctrine of respondeat superior (employer liability).

What Compensation Can You Recover in a Chicago Nursing Home Negligence Case?

Victims and families of nursing home negligence may be entitled to:

• Medical expenses related to injuries or neglect
• Pain and suffering
• Emotional distress
• Loss of quality of life
• Wrongful death damages (if applicable)
• Punitive damages in cases of willful misconduct

In wrongful death cases, compensation may also include funeral expenses, loss of companionship, and loss of future income or services.

Why Choose John J. Malm & Associates for Your Chicago Nursing Home Injury Lawsuit?

At John J. Malm & Associates, we have seen firsthand the devastating impact nursing home abuse can have on families. Our Chicago nursing home abuse attorneys are committed to holding negligent facilities accountable and helping victims recover the compensation they deserve.

We have successfully handled claims involving:

• Falls resulting in broken bones or brain injuries
• Bedsores and untreated infections
• Physical or emotional abuse by staff
• Medication errors and improper restraint
• Malnutrition and dehydration

Our team conducts in-depth investigations, consults with medical experts, and aggressively pursues justice on behalf of our clients.

Frequently Asked Questions (FAQ) about Chicago Nursing Home Abuse and Neglect Claims

1. What should I do if I suspect my loved one is being abused in a nursing home?

If you suspect abuse or neglect, take the following steps:

• Document the signs of abuse (e.g., injuries, living conditions).
• Report the issue to the nursing home’s management.
• File a formal complaint with the Illinois Department of Public Health (IDPH) or Adult Protective Services.
• Consult with an attorney to discuss legal options and protect your loved one’s rights.

2. How long do I have to file a nursing home abuse claim in Illinois?

In most cases, Illinois law allows two years from the date of the injury (or when the injury was discovered) to file a lawsuit for personal injury or wrongful death. However, specific time limits may vary depending on the facts of the case. It’s important to consult an experienced Chicago personal injury attorney as soon as possible to preserve your claim.

3. Who can file a nursing home abuse lawsuit?

A nursing home abuse lawsuit can be filed by:

• The victim themselves
• A legally authorized family member or guardian
• The executor or administrator of the estate in the event of wrongful death

4. What types of evidence are used in nursing home abuse cases?

Evidence may include:

• Medical records and injury reports
• Photographs of injuries or unsafe conditions
• Witness statements (including from other residents or staff)
• Facility inspection and violation reports
• Surveillance footage (if available)
• Expert testimony (e.g., from doctors or elder care specialists)

5. Can I sue a nursing home for neglect even if there was no physical abuse?

Yes. Neglect—such as failing to provide proper hygiene, nutrition, medication, or medical care—is a valid basis for a lawsuit, even in the absence of intentional physical harm. Emotional and psychological harm may also support a claim.

6. What if the nursing home blames the victim’s health issues on aging?

While aging can cause health problems, nursing homes are required to provide appropriate care tailored to each resident’s condition. When injuries or medical complications result from poor care, understaffing, or neglect—not natural aging—the facility can be held legally responsible.

7. How much compensation can we recover in a nursing home abuse case?

Compensation varies depending on the severity of the injuries and the circumstances. You may be entitled to:

• Medical expenses
• Pain and suffering
• Emotional distress
• Wrongful death damages (if applicable)
• Punitive damages in extreme cases of misconduct

An experienced Chicago elder abuse attorney can evaluate your case and help determine what damages may apply.

8. Are Chicago nursing homes regularly inspected?

Yes. The Illinois Department of Public Health (IDPH) inspects licensed nursing homes regularly and investigates complaints. However, inspections can miss problems, especially in understaffed or poorly managed facilities. That’s why families play a critical role in identifying and reporting abuse.

9. How much does it cost to hire a nursing home abuse attorney?

At John J. Malm & Associates, our Chicago nursing home attorneys work on a contingency fee basis. This means you pay nothing upfront, and we only collect a fee if your case is successful. We offer free consultations to evaluate your claim and discuss your options.

10. What makes a nursing home liable for abuse by its staff?

Under Illinois law, nursing homes are generally vicariously liable for the actions of their employees. This means they can be held responsible for abuse or neglect committed by staff members while performing their job duties. Facilities can also be directly liable for poor hiring practices, lack of supervision, or understaffing.

Protecting Your Loved One—and Your Legal Rights

If you suspect a loved one is being abused or neglected in a Chicago nursing home, don’t wait. Trust your instincts. Take these steps:

1. Document everything—take photos, save records, and write down what you observe.
2. Speak with management, but do not accept excuses if problems persist.
3. Contact authorities and file a formal complaint.
4. Reach out to a qualified attorney to protect your rights and explore your legal options.

Contact the Compassionate Chicago Nursing Home Abuse and Neglect Lawyers at John J. Malm & Associates

At, John J. Malm & Associates, we offer compassionate, experienced legal representation to victims of nursing home abuse and neglect in Chicago and across Illinois. We are here to help you hold negligent facilities accountable and secure justice for your loved one.

Call us today at (630) 527-4177 or use our online form to schedule a free, confidential consultation.