Elderly people typically enter nursing homes or assisted living facilities when they are at a vulnerable stage and require daily medical care. Many nursing facilities fail to live up to the promises they make when you decide to place your loved one in their care.
While neglect may be unintentional, some staff members of nursing homes participate in or condone more direct maltreatment, including physical abuse, emotional abuse, and even sexual abuse. Seasoned Will County nursing home abuse lawyers have sadly seen it all, and there is little else more devastating than finding out your family member was a victim of such treatment.
If you suspect that your loved one has suffered from negligence in a nursing home, you may be able to recover legal damages by holding the appropriate parties accountable. An experienced personal injury attorney could help explore your legal options for seeking financial compensation and justice on behalf of your loved one.
Protections an Elderly Person Has Under State Law
Residents in Illinois nursing facilities are protected under the federal Nursing Home Reform Act. This law dictates that nursing homes must provide reasonable services to their patients so they may be able to maintain their highest practicable level of physical and mental wellbeing.
Illinois has expanded this mandate to further protect nursing home residents with the Nursing Home Care Act. Listed in 210 ILCS 45, this law grants nursing home residents numerous legal rights while they are at a licensed nursing home facility in the state.
This Act was intended to ensure that nursing home residents receive safe and standardized care when they are under the supervision of a nursing home facility. Any violation of the Nursing Home Care Act might give rise to a finding of negligence in Illinois civil court ruling, provided a Will County nursing home abuse lawyer is on hand to present evidence supporting that conclusion.
Legal Elements an Abuse Lawsuit
The injured plaintiff in a nursing home abuse case usually must establish an array of legal elements in order to recover. In civil cases, the standard of review that many jurors follow is the preponderance of the evidence. The injured plaintiff must establish that it is more likely than not the defendant met all of the legal elements of the case.
In most cases, the plaintiff may need to establish the following:
- The nursing home had a duty of care to the patient
- The nursing home breached their duty of care
- If there was no breach, the patient would not have sustained injuries
- The patient suffered some type of economic or non-economic harm
Common Damages and Valuation Cases
The value of a nursing home abuse case may be dependent on the level of injury and severity of the abuse that caused the injury, as well as the hard work of a Will County nursing home abuse lawyer. Economic damages and non-economic damages may play a large role in determining the overall amount of recoverable damages.
Economic damages generally take the form of past and future medical expenses, which might include treatments, hospitalizations, medical devices, and medication. Non-economic damages, on the other hand, are often difficult to calculate. These damages may play a part in any injury case, be it nursing home abuse or a car accident.
In Illinois, non-economic damages such as pain and suffering, mental anguish, grief and sorrow, and loss of normal life are recoverable are not capped by any state law. The absence of any damage caps may be attributed to the fact that legislative members have found the cap to be unconstitutional.
The Benefit of a Will County Nursing Home Abuse Attorney
When the negligence, misconduct, or abuse of a nursing home facility or staff member causes your loved one to suffer, you may have the right to pursue damages through a nursing home abuse claim. An accomplished Will County nursing home abuse lawyer could evaluate your nursing home abuse case, determine the best course of action for your claim, and aggressively fight to pursue just and fair compensation. To learn more, call today.