Is There a Difference Between Nursing Home Abuse and Neglect?

 Posted on April 06, 2026 in Nursing Home Abuse/Neglect

Nursing homes are often a last resort for people with aging family members. It may be the best option for them, but it doesn’t make the decision any less weighty. If you begin to suspect that your family member is being mistreated, it not only breaks your heart but leaves you with questions about what to do next.

You don’t have to determine if your family member is experiencing abuse or neglect in their nursing home before taking action. It can, however, be helpful in knowing what kinds of evidence to look for, and it is important to your legal claim. A Chicago nursing home abuse attorney can help you identify the signs and build a strong case for compensation.

What Counts as Nursing Home Abuse in Illinois?

Neglect is generally considered a form of abuse. However, abuse outside of neglect happens when caregivers willfully inflict injury on residents. Several forms of abuse can happen in a long-term care setting:

• Physical abuse, such as hitting, slapping, restraining improperly, or using force in any way

• Emotional abuse, such as threats, humiliation, or isolation, as a form of punishment

• Sexual abuse, which is any unwanted sexual contact or activity

• Financial abuse, such as stealing money, forging signatures, or pressuring residents to change wills or financial documents

Abuse in a nursing home can come from staff members, other residents, or even visitors.

What Counts as Nursing Home Neglect in Illinois?

Neglect happens when a nursing home or its staff fails to provide the care a resident needs. This can be from apathy, understaffing, or poor training. Signs of nursing home neglect include:

• Unexplained weight loss or signs of dehydration

• Bedsores, also called pressure ulcers, from being left to lie in one position for too long

• Poor hygiene, including unwashed clothing, lack of bathing, or being left in soiled clothing or bedding for long periods

• Untreated infections or medical conditions

• Failure to assist with mobility, which can lead to falls

Illinois law has clear standards for the quality of care that facilities must provide to nursing home residents, who are protected under the Nursing Home Care Act (210 ILCS 45). Failure to meet these standards is punishable under the law and can result in civil liability.

Can You File a Claim for Both Nursing Home Abuse and Neglect?

In some cases, a family may actually have grounds for claims involving both abuse and neglect. For example, a facility might have employees who physically mistreated a resident while also failing to provide adequate medical care. Both of these can be part of a legal case.

Illinois law says that residents have the right to be free from physical and mental abuse and to receive adequate care that meets their individual needs. When a facility violates these rights, the resident or their family may be able to seek compensation for medical costs, pain and suffering, and other damages.

It is also worth knowing that if a resident passes away as a result of the mistreatment, surviving family members may have the right to file a wrongful death claim.

How Do You Document Suspected Mistreatment at a Nursing Home in Illinois?

If you believe a loved one has been abused or neglected, take these steps right away:

• Photograph any visible injuries, living conditions, or signs of neglect.

• Write down what your loved one has told you, with dates and times.

• Request copies of medical records from the facility or other medical providers.

• File a complaint with the Illinois Department of Public Health.

• Consider speaking with an attorney before making any formal statements to the facility.

You can also contact Adult Protective Services about suspected harm, even without evidence.

Documentation matters enormously in these cases. Evidence often gets removed quickly and the facility may begin its own internal investigation right away. 

Call a Chicago, IL Nursing Home Abuse Attorney Today

If you believe a loved one is being abused or neglected in a nursing home in 2026, take steps to protect them right away. Winters Salzetta O'Brien & Richardson, LLC offers free consultations to help families understand their rights and decide how to move forward with their nursing home cases. We have recovered millions of dollars for our clients. Contact our Chicago nursing home abuse lawyers at 312-236-6324 for your free consultation.