Cases of abuse or neglect of nursing home residents or those living in care facilities here in Indiana or Illinois can be some of the most heartbreaking and infuriating personal injury claims. The most vulnerable members of our society have been harmed, severely and sometimes fatally, due to the bad acts of someone entrusted with their care. These are serious wrongs to be righted.
Both Indiana and Illinois have laws on the books that work to provide justice for victims of nursing home abuse or neglect. Their approaches are not identical under the law. Accordingly, both the investigation and litigation of these cases will be different in Indiana as opposed to Illinois.
Nevertheless, some basics do remain the same. These are factors for both injury victims and their loved ones to understand as they consider demanding justice from the wrongdoers who are responsible for the abuse or neglect of a nursing home resident.
1. The Nursing Home Contract
Residents of a nursing home will usually have a contract or legal agreement that applies to their situation. This is true for both non-profit and for-profit care facilities.
It is important to read and understand the terms and conditions contained within these agreements as part of asserting a legal claim for nursing home abuse and neglect. The contract can reveal several important things to the victim and their loved ones.
Potential Parties
These include the potential parties in the case. The nursing home may be operated under one name, but be owned by another legal entity. This may be a detail revealed in the legal contracts each resident or their representative must sign.
For instance, in our last post we shared how U.S. Representative Rush’s issued a press release on June 15, 2018 where he demanded Alden Management Services shut down Illinois’ Wentworth Rehabilitation and Health Care Center.
People in Chicago may recognize the name of Wentworth Rehab as an Illinois nursing care facility, but they may not be as aware of the involvement of Alden Management Services.
Arbitration
Another critical factor in these legal agreements is the attempt by the nursing home owners and operators to avoid a public trial by insertion of an “arbitration clause.” One of the first heated legal battles between the nursing home victim and the wrongdoers in a nursing home abuse and neglect case may well be whether or not the contractual arbitration clause has any legal merit. The victim may have to fight for what he or she may assume is their constitutional right to a jury trial.
For more, read Andi Alper, Seeking Justice for Grandma: Challenging Mandatory Arbitration in Nursing Home Contracts, 2016 J. Disp. Resol. (2016).
And see: Forced Arbitration Clauses, Jury Trials, and Justice .
2. Identifying All the Wrongdoers
The scenario surrounding most nursing home abuse and neglect cases must be fully investigated, which may include delving into medical records as well as other care documentation kept by the facility and interviewing witnesses. This can be extensive, as the victim, their loved ones, and other residents may have vital information as well as visitors to the facility (those visiting other residents, making deliveries, etc.).
From talking with people and reviewing documents, a number of wrongdoers may be discovered. These are both individuals and legal entities that under the law of Indiana or Illinois may have legal liability for what has occurred.
Possible Defendants
Cases of nursing home abuse and neglect may include several different defendants or claimants due to the complexity of the facts surrounding the injuries sustained by the nursing home resident. The cause of action may also define who is to be held legally responsible.
- Defendants in a nursing home abuse or nursing home neglect case can include:
- Corporation that owns the facility;
- Company that operates the facility;
- Company that provides services to the facility (security services, repair companies, cleaning crews, etc.);
- Administrators responsible for the daily operations of the facility;
- Administrators responsible for hiring employees (including aides, nurses, custodial workers, etc.);
- Supervisors in charge of the area where the injury occurred;
- Supervisors in charge of resident care;
- Medical care providers responsible for the resident as their patient; and
- Individuals involved in the actual incident that caused harm to the victim.
3. Legal Claims for Justice after Nursing Home Abuse or Neglect
It is a sad truth that last year, Illinois was recognized as being first in the nation for nursing home abuse by the Office of the Inspector General for the Department of Health and Human Services. In the same report, Indiana ranked 11th in the nation. See, “Illinois and Indiana: High Risk of Nursing Home Injuries from Abuse or Neglect.”
Illinois No. 1 in Nation for Nursing Home Abuse; Indiana No. 11
State laws exist to combat these horrific statistics. In both Indiana and Illinois, civil claims can be advanced for various wrongs based upon personal injury laws that include:
- Negligence
- Negligent Supervision
- Negligent Hiring
- Assault / Abuse
- Premises Liability
- False Imprisonment
- Medical Malpractice
- Wrongful Death.
For more, read:
- Indiana Nursing Homes Should Call the Closest EMS in Emergencies, But They’ve Been Known to Choose the Cheaper Option
- Suing Nursing Homes: Tragic Risk in Nursing Home Abuse and Neglect.
Fighting for Justice in Nursing Home Abuse and Neglect Cases
There is a road to justice for victims of abuse or neglect in a nursing home or care facility in Indiana or Illinois. Each case is unique, and deserves its own respect and compassionate consideration.
Victims of nursing home abuse and neglect and their loved ones have faced the bitter betrayal of those who were trusted to care for the vulnerable and protect the defenseless. These preventable injuries must be addressed, with these wrongs righted.
It is a travesty that our part of the country is known for being a leader in this sort of wrongdoing. Please, be careful out there!
