The Illinois Nursing Home Care Act and federal regulations establish certain rights for nursing home residents. Nursing home residents have many rights, perhaps the most important of which are to live free from abuse and to be treated with reasonable care. When those rights are violated—when a nursing home resident is physically abused or neglected—then the resident or her estate may have the right to bring legal action seeking damages for the harm that has been done.
What Damages May Be Recovered?
A nursing home resident or her estate may recover full and fair damages for any injury that resulted from the nursing home’s abuse or negligence. These damages commonly include, but are not always limited to:
- Medical costs. Any medical expenses including but not limited to hospital stays, doctors’ visits, surgeries and medications made necessary by the nursing home abuse or negligence may be compensable.
- Out-of-pocket costs. This could include funeral costs if your loved one died as a result of nursing home abuse or negligence. It can also include any property damage, including stolen money or assets, that occurred as a result of nursing home abuse or negligence.
- Pain and suffering. A resident’s physical pain and emotional suffering may be the greatest damages suffered from nursing home abuse and negligence. They may also be the hardest—and most important—to prove.
These damages are possible for anyone who has suffered any injury from any type of abuse or neglect in a nursing home.
But Damages Are Not Automatic
Instead, you and your loved one or her estate will have to fight for fair and just damages. Do not let the nursing home get away with hurting your loved one. Talk to an experienced nursing home abuse lawyer about your rights. In Illinois, attorney’s fees may be included in your nursing home recovery. Schedule your free consultation today by starting a live chat with us on this website or calling us any time—24/7/365—at 1-800-800-56783.