Nursing home injury claims can be complex and require a thorough understanding of the legal process. In Illinois, nursing homes have a legal responsibility to provide safe and appropriate care for their residents, and when they fail to do so, they can be held liable for injuries that occur as a result.

Proving Negligence in Nursing Home Injury Claim

When it comes to proving negligence, it is important to identify the specific actions or inactions that led to the injury. This requires gathering evidence such as medical records, eyewitness statements, and expert testimony. In some cases, it may be necessary to hire a medical expert.

A medical expert can also assess the extent of the resident’s injuries and provide an opinion on whether the nursing home was negligent in providing the proper care. Additionally, a medical expert can help evaluate any long-term effects that may be associated with the injury, such as pain and suffering or financial losses.

If you or a loved one is injured in a nursing home, it is essential to know your rights. Nursing home injury cases can be complex and involve multiple parties, so it is essential to understand the legal process and how to protect yourself. 

In this article, we will look at what your rights are with a nursing home injury, or even wrongful death, and what constitutes as a nursing home injury, and what you may expect if you move forward with your case. 

What Constitutes as a Nursing Home Injury? 

The first step to understanding nursing home injury law is to familiarize yourself with what constitutes a nursing home injury. This includes any physical or mental injuries caused by the neglect or abuse of staff members, residents, and visitors. Injuries can range from broken bones or head trauma to psychological harm such as depression or PTSD. Another scenario is if a nurse gives the wrong medication, which may fall under medical malpractice, especially if it causes injury or wrongful death. If you or a loved on endure an incident not stated here, still ask a lawyer if you have a case.

The Illinois Nursing Home Care Act defines nursing home neglect as "failure to provide or intentionally withholding “adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living."

Nursing home neglect is a serious problem that can result in physical and psychological injuries or even death. Everyone with an elderly loved one living in a nursing home should be vigilant for signs of nursing home neglect. 

Red Flags of Neglect in an Illinois Nursing Home

Nursing homes are legally obligated to provide a reasonable level of care to residents. However, not every nursing home meets this standard. Signs of nursing home neglect can include:

Nursing home residents trust that the staff will care for their needs and keep them safe. Sadly, many nursing homes miss the mark. Nursing home neglect and abuse is more common than many realize. It can take the form of skipped medication, overmedication, failure to provide for the resident's daily needs, and even intentional abuse.

If your loved one was harmed as a result of nursing home neglect or abuse, you may be able to take legal action against the facility.  An experienced nursing home abuse lawyer can help you understand your options and take steps to protect your loved one's rights.

Causes of Nursing Home Abuse and Neglect

What are some of the main causes of nursing home abuse? In many cases, it is the result of medical negligence, failure to provide medical care, medication mistakes, and understaffing.

While elderly or disabled residents of nursing homes are more likely to suffer risks of aging and decreased mental faculties, not all of these risks are inevitable. One common but avoidable danger to nursing home residents is choking on food and drinks. Nursing home residents should not be choking on their food and drinks; nursing homes are responsible for assessing whether a resident is at risk of choking and providing a diet and administrative method that allows that person to eat and drink safely. If you have a family member in an Illinois nursing home who has choked and died, the nursing home may have been negligent in caring for your loved one. 

Choking is a Leading Cause of Death in Nursing Homes

Dysphagia, or difficulty swallowing, is a condition that affects a significant number of elderly adults. Victims of Alzheimer’s and Parkinson’s disease are more likely to suffer from dysphagia, as are patients who have had a stroke and patients who are old enough that they are suffering from muscle degeneration. 

Dysphagia can make nursing home residents more likely to suffer from other issues as well, including malnutrition, pneumonia, and death. Nursing homes know that patients suffering from dysphagia are more likely to choke on food and drink and must provide the assistance that patients need to eat safely.