Proving nursing home abuse in an Illinois wrongful death claim can be a challenging and time-consuming process. This type of claim typically requires the help of an experienced and knowledgeable attorney who specializes in the area of law surrounding nursing home abuse and neglect, as well as Illinois wrongful death laws and other nuances of the applicable legal procedures in our state. In addition, an experienced Chicago nursing home abuse attorney is familiar with the specific state regulations that apply to nursing homes. Your attorney’s understanding of these regulations will make a significant difference in filing and ultimately proving your Illinois wrongful death claim.
Challenges in Proving Nursing Home Abuse
One of the biggest challenges in proving nursing home abuse is that your loved one may have been unwilling or unable to substantiate or document claims of abuse or neglect prior to his or her death. Fear of retaliation or a medical condition such as Alzheimer’s disease, where mental faculties are not optimal, may prevent documentation of claims. Without documentation of abuse prior to death, proving wrongful death after the fact can be difficult.
If your loved one suffered for many months or years from a medical condition, it may also present a significant challenge to proving nursing home abuse. Pre-existing medical conditions must be taken into consideration in an Illinois wrongful death claim.
The challenge is differentiating between the conditions caused by the pre-existing condition and the failure of nursing home staff to properly care for your loved one. This will require a thorough investigation into your loved one’s medical history, which a Chicago nursing home abuse attorney can help you do.
A Chicago nursing home abuse attorney will consider all aspects of your loved one’s case, however the challenge still remains in proving the nursing home staff failed to do all they can to care for your loved one.
Unlike a motor vehicle accident, where one specific event can result in injuries, in the case of nursing home abuse, several different instances may have occurred over a period of time. In some cases, nursing home abuse or neglect may have taken place over a period of days, months, or even years.
The challenge is proving the length of time the patient was abused or neglected, and whether it resulted in death. If charts and records of the patient were kept, a nursing home staff member can go back and correct or delete things that may have demonstrated a lack of proper care. While these challenges exist, they also clearly demonstrate why you need the help of a Chicago nursing home abuse attorney if your loved one has been the victim of nursing home abuse in Illinois.
Common Types of Nursing Home Abuse/Neglect that Result in Wrongful Death
You should be aware of common types of nursing home abuse and neglect that can result in the wrongful death of a loved one. When staff or a facility fails to adequately care for a patient and it results in their death, you may seek compensation through an Illinois wrongful death claim.
Common types of nursing home abuse/neglect resulting in wrongful death may include:
- assault from another resident or a nursing home staff member;
- bed sores (also known as pressure ulcers);
- lack of cleanliness or hygiene leading to infection;
- choking;
- suffocation;
- falls; and
- medication errors.
Don’t let a nursing home get away with abusing and neglecting those they are supposed to protect. If your loved one has been abused, the chances are, other residents are also suffering. With the help of a Chicago nursing home abuse attorney, proving nursing home abuse and liability is possible, and can put an end to not only the abuse of other patients, but also compensate your family for the untimely death of your loved one.
When to Hire a Chicago Nursing Home Abuse Attorney
A nursing home abuse attorney in Chicago at the Law Offices of Barry G. Doyle, P.C. has dealt with similar cases to yours and knows the best course of action for your claim. To improve your chances at a fair settlement, and take the burden out of the paperwork involved in an Illinois wrongful death claim, contact us today for a free case evaluation – 312-263-1080.
