What Constitutes Neglect at a Nursing Home in Illinois?

Nursing homes are entrusted with the care and well-being of some of society’s most vulnerable individuals. Unfortunately, not all facilities meet the standard of care required to ensure the safety and dignity of their residents. When a nursing home fails in its duty, residents may suffer harm as a result of neglect. But what exactly constitutes “neglect” under Illinois law, and how can families recognize and address it?

In this blog, we’ll examine the definition of nursing home neglect in Illinois, provide examples of common forms of neglect, and discuss the legal rights of nursing home residents and their families. We’ll also share insights on how John J. Malm & Associates can help families seek justice for their loved ones for suffering neglect at an Illinois nursing home.

Understanding Nursing Home Neglect in Illinois

Under the Illinois Nursing Home Care Act (210 ILCS 45), neglect is defined as the failure to provide a resident with the care, services, or supervision necessary to avoid harm, maintain health, and preserve safety. Neglect can be unintentional—arising from understaffing, lack of training, or poor facility management—or it can result from willful disregard for a resident’s needs.

According to the Illinois Department of Public Health (IDPH), nursing homes must meet certain standards of care, which include ensuring residents receive proper medical treatment, personal hygiene assistance, adequate nutrition, and a safe living environment.

Common Types of Nursing Home Neglect

Neglect in a nursing home can take many forms. Here are some of the most common examples:

1. Medical Neglect

Failing to provide appropriate medical care is a major form of nursing home neglect. This can include:

• Ignoring or delaying treatment for medical conditions.
• Failing to administer prescribed medications.
• Not monitoring changes in a resident’s health, such as new symptoms or worsening conditions.

Example:
A resident with diabetes requires regular monitoring of their blood sugar levels. Neglecting to perform these checks can lead to severe complications, such as diabetic shock or organ damage.

2. Neglect of Basic Needs

Residents mainly rely on nursing homes to meet their essential needs, such as food, water, and shelter. Neglect in this area includes:

• Failing to provide adequate meals and hydration.
• Allowing unsanitary or unsafe living conditions.
• Ignoring maintenance issues, such as broken heating systems or pest infestations.

3. Personal Hygiene Neglect

Nursing home staff are responsible for assisting residents with personal hygiene, particularly for those who are unable to care for themselves. Neglect in this area can result in:

• Residents being left in soiled clothing or bedding.
• Failing to assist with bathing or grooming.
• Not addressing incontinence issues promptly.

Example:
A resident develops severe bedsores because staff fail to regularly reposition them or provide proper hygiene. This preventable condition is a classic sign of neglect.

4. Emotional or Social Neglect

Neglect is not always physical; emotional and social neglect can have equally damaging effects. This can include:

• Isolating residents from social interactions or activities.
• Ignoring calls for assistance or leaving residents alone for long periods.
• Failing to address signs of depression or emotional distress.

Example:
A resident repeatedly presses their call button for assistance but is ignored for hours. The lack of responsiveness not only risks their physical safety but can also lead to feelings of helplessness and isolation.

5. Neglect of Safety

Nursing homes must take reasonable steps to prevent injuries and ensure a safe environment. Neglect in this area can involve:

• Allowing hazardous conditions, such as wet floors or loose rugs.
• Failing to properly supervise residents at risk of wandering or falls.
• Not maintaining security measures to prevent abuse by other residents or staff.

Example:
A resident with dementia wanders out of the facility due to a lack of supervision, putting their safety at risk.

How to Recognize Signs of Nursing Home Neglect

Families play a crucial role in identifying neglect. Knowing the warning signs can help ensure prompt action is taken. Signs of nursing home neglect may include:

• Physical Symptoms: Bedsores, unexplained injuries, dehydration, or rapid weight loss.
• Emotional Symptoms: Depression, anxiety, or withdrawal from activities.
• Environmental Clues: Dirty or cluttered living spaces, foul odors, or broken equipment.
• Behavioral Changes: Fearfulness around staff, frequent crying, or reluctance to communicate.

“Families often know when something isn’t right. Trust your instincts and advocate for your loved one’s well-being.” – John J. Malm, Naperville nursing home injury lawyer

Legal Protections for Nursing Home Residents in Illinois

Illinois has robust legal protections to address nursing home neglect. Key provisions include:

1. Illinois Nursing Home Care Act: This state law provides residents with the right to a safe, clean, and respectful living environment. Facilities that violate these rights can face lawsuits, fines, and other penalties.

2. Federal Nursing Home Reform Act:Federal regulations set minimum standards for nursing homes that receive Medicare or Medicaid funding. These standards include providing individualized care plans, maintaining adequate staffing levels, and ensuring residents’ dignity.

3. Reporting and Investigations: Families can report suspected neglect to the Illinois Department of Public Health (IDPH), which is responsible for investigating complaints and enforcing compliance.

Steps to Take if You Suspect Nursing Home Neglect

If you believe your loved one is being neglected in a nursing home, it’s important to act quickly:

1. Document Evidence: Take photos of injuries, unsanitary conditions, or other signs of neglect. Keep detailed records of incidents and interactions with staff.

2. Report the Neglect: File a complaint with the IDPH by calling their hotline at 1-800-252-4343 or visiting their website. Reporting ensures that the facility is held accountable.

3. Seek Legal Advice: Contact an experienced Illinois nursing home neglect attorney to evaluate your case and help you take legal action. A skilled lawyer can navigate the complexities of nursing home litigation and fight for the compensation your family deserves.

How John J. Malm & Associates Can Help with your Nursing Home Neglect Case

At John J. Malm & Associates, we have extensive experience handling nursing home neglect cases in Illinois. Our team of Illinois elder neglect injury attorneys is dedicated to holding negligent facilities accountable and securing justice for vulnerable residents.

Why Families Trust Us:

1. Thorough Investigations: We work with medical experts, review facility records, and gather compelling evidence to build a strong case.
2. Compassionate Advocacy: We understand the emotional toll neglect takes on families and provide personalized support throughout the legal process.
3. Proven Results: Our team has a track record of securing significant settlements and verdicts for victims of nursing home neglect.

“Nursing homes must be held to the highest standards of care. When they fall short, we step in to demand accountability and justice for those who cannot advocate for themselves.” – John J. Malm, Naperville nursing home neglect attorney

Contact the Illinois Nursing Home Neglect Lawyers at John J. Malm & Associates

Nursing home neglect is a serious issue that can result in devastating consequences for residents and their families. Understanding what constitutes neglect, recognizing the signs, and knowing your legal rights are essential steps in protecting your loved one. Whether it involves medical neglect, poor hygiene, or unsafe living conditions, neglect is unacceptable and should never be tolerated.

If you suspect your loved one is experiencing neglect in a nursing home, the team at John J. Malm & Associates is here to help. With offices in Naperville and St. Charles and over 90 years of combined experience, our Illinois nursing home neglect attorneys are committed to advocating for vulnerable individuals and their families. Contact us today for a free consultation and take the first step toward justice. We’re here to fight for your loved one’s rights and dignity.