What Evidence Can Help Prove a Nursing Home Neglect Case?

 Posted on November 08, 2025 in Nursing Home Abuse/Neglect

Unfortunately, there are some nursing home facilities and staff that you cannot trust. Many do not provide the level of care that residents deserve. If you suspect nursing home neglect, you have the right to hold the negligent parties accountable in civil court and seek compensation. Gathering strong evidence for your claim is the first step. Our Chicago, IL nursing home neglect lawyers can help you build your case and will advocate for your loved one aggressively.

What Counts as Neglect in a Nursing Home?

Neglect occurs when a nursing home fails to provide proper care to meet a resident’s needs. This can include not assisting a resident with hygiene, failing to give medications on time, ignoring mobility needs, or not providing enough food or water. Under the Illinois Nursing Home Care Act, residents have the right to be treated with respect and to receive adequate and appropriate care.

Neglect can happen when the home is understaffed or the staff is poorly trained. Even if the neglect is not intentional, it can still cause harm. For example, residents can end up with infections, bedsores, dehydration, emotional withdrawal, or preventable injuries. If your loved one experiences a sudden health decline or shows signs of fear or anxiety around staff, it may indicate neglect.

What Evidence Can Help Prove Nursing Home Neglect?

To prove neglect, you need documentation. You want to show what happened and how the nursing home failed to fulfill its responsibilities. The following types of evidence are often helpful:

• Medical records demonstrating injuries, malnutrition, dehydration, infections, or untreated conditions

• Photos or videos of bedsores, bruises, or unsafe living conditions

• Statements from family members, staff, or other residents

• Staffing schedules and work logs that show staff shortages

• Care plans and nursing notes showing whether the resident’s needs were followed

• Medication administration records showing missed doses or incorrect medications

• Incident reports or internal investigation notes documenting falls or injuries

• State inspection reports or regulatory violation findings from the Illinois Department of Public Health

Every resident should have a personalized care plan. It should outline their medical conditions, daily care needs, and supervision requirements. Nursing homes must follow these individualized care plans. If the records show that staff failed to follow the plan, this can be strong evidence of neglect.

Additionally, under 320 ILCS 20/4, certain workers are required to report suspected abuse or neglect. If no report was made despite clear warning signs, the facility may have violated its legal duties.

How To Get Records and Evidence From a Nursing Home

Requesting records is an important step, but facilities sometimes delay or provide incomplete information. Make all requests in writing and keep copies. If the nursing home does not cooperate, an attorney can send a formal preservation letter to require the facility to keep medical records, staffing logs, and any available video footage. Acting quickly is important because some records, especially video recordings, may be erased over time.

Schedule a Free Consultation With a Chicago, IL Nursing Home Neglect Attorney

If you believe your loved one is facing neglect, let us help you seek answers and take legal action. Our legal team remains active at the forefront of personal injury advocacy and continues to use advanced tools and up-to-date resources to make the legal process clearer and more efficient. Every case we take is part of our commitment to supporting families during difficult times. Call Winters Salzetta O'Brien & Richardson, LLC at 312-236-6324 today to schedule your free consultation with Chicago, IL nursing home neglect lawyers who care.