At Halliday McCall, the top nursing home abuse lawyers in Illinois, we represent victims or their families in cases of neglect and abuse by nursing homes, home health agencies, assisted living facilities, doctors, hospitals, and other care providers. The EADACPA, also known as the Elder Abuse and Dependent Adult Civil Protection Act, protects people 65 years of age and older, and dependent adults from mistreatment by encouraging attorneys to sue on their behalf.
Before this act was implemented, negligent parties would usually avoid responsibility for their acts by stonewalling the claims until the victim passed away. At this point, most lawsuits tended to lose more of their value. The EADACPA holds wrongdoers responsible, even in the event the victim passes away as a result of poor care and negligence.
Nursing Home Abuse
Our firm has extensive experience with lawsuits against people or entities who neglect or abuse dependent adults and elders. We will pursue arbitration against hospitals, government owned facilities and will file suits against private care providers. We can also handle cases by dependent adults of any age, in addition to medical malpractice claims.
If your loved one was harmed or neglected in an elder care facility, now is the time to act.
When a family member ages, there are some situations in which the family is unable to provide the extent of care needed. If a person suffers from dementia, they will need to be closely monitored twenty-four hours a day, may need help moving around, and they may be unable to care for themselves, which is why a nursing home or assisted living facility is often the best option. Choosing a facility for an elderly loved one is an important decision and one that will take plenty of research on the family’s part, in order to find a facility with a well-trained and experienced staff that can provide the type of care that residents need. A family member shouldn’t have to worry that their relative will suffer from injuries that were preventable. Unfortunately, the NCEA (The National Center on Elder Abuse) reports that approximately seven percent of complaints from assisted living and nursing home residents allege abuse or negligence. Unfortunately, many of these cases often go unreported, so the numbers are likely to be significantly higher.
In many cases, family members of elderly nursing home residents are often told that their loved one was injured in a fall. They may also claim that they are unable to intervene if the resident refuses to eat. Identifying signs of abuse can be challenging since it can be confused with symptoms of the victim’s frailty, or dementia. There are also many signs and symptoms of abuse and negligence that can overlap with symptoms of mental stress. As a family member, it’s crucial that you stay involved and aware, so that you’re able to prevent abuse and neglect from occurring.
As a loved one, there are some things that you can do to prevent abuse or neglect:
If you suspect abuse, make an appointment with the victim’s doctor. In some cases, the doctor can determine if the bruising, other types of injuries, or a significant drop in weight is due to abuse, negligence, or a result of the elderly loved one’s condition. As an example, some types of medications can make a person bruise very easily. Additionally, elderly people have very thin skin, so they can be prone to skin tears and bruising. Have their doctor do a full exam. If abuse is found, a doctor can provide the type of documentation that can help the victim’s legal team to prove their case in court.
If you feel a senior has been abused, contact an attorney who specializes in elder law as soon as possible to get help with the reporting process. The lawyer will help you file a complaint with protective services and the local police department, in addition to providing support during the investigation. An attorney will ensure the rights of the victim and protect you and the victim throughout the duration of the process.
