Understanding Legal Options for Families Facing Nursing Home Neglect in Evanston
Neglect in a nursing home rarely arrives with a clear warning. A resident loses weight, a sore appears, or a call light goes unanswered for an hour, and the family has to decide what to do next. Illinois gives families several ways to respond, and they can use more than one at the same time. Learning how each path works makes the choice easier, and many families sort through it with an Evanston nursing home abuse lawyer, a state agency, or a resident advocate.
Reporting Options Inside and Outside the Facility
A written grievance to the nursing home administrator puts the problem on record inside the building. Anyone may also file a complaint with the Illinois Department of Public Health, which runs a nursing home hotline at 800-252-4343, and the state Long-Term Care Ombudsman Program, which you can reach through the Senior HelpLine at 800-252-8966, speaks up for residents and helps resolve complaints. Families sometimes worry about payback, but 210 ILCS 45/3-608 bars a facility from discharging, evicting, harassing, or retaliating against a resident or representative who makes a report or complaint. Call the police if you think a crime, such as theft or assault, took place. Common starting points include:
- Written grievance
- State complaint
- Ombudsman visit
- Police report
What the Nursing Home Care Act Lets Families Pursue
A resident can also sue the facility. Under 210 ILCS 45/3-601, the owner and licensee are liable for any intentional or negligent act or omission of their staff that injures a resident. Section 3-602 requires the licensee to pay actual damages, costs, and attorney’s fees when a resident’s rights are violated, and the Act also allows requests for court orders that force a facility to change its practices. Because the law covers omissions, a failure to act, such as skipping a repositioning or a medication, can support a claim when it injures the resident. Where many residents face the same problem, section 3-604 also lets a court allow a class action.
Families do not have to wait for a state inspection to finish before going to court. Section 3-604 says a resident does not need to use up administrative remedies before filing suit, and it treats the Act’s remedies as additional to any other legal remedies a resident has. That means a complaint and a lawsuit can move forward side by side.
Records and Papers to Gather Early
Records show what staff did and did not do. Under 42 CFR 483.10(g)(2), a resident can see records within 24 hours of a request, not counting weekends and holidays, and can get copies with two working days’ notice. A family member with legal authority to act for the resident can usually make the request. Start with the admission agreement, because it may contain an arbitration clause, which sends disputes to a private hearing instead of a court. Sections 3-606 and 3-607 of the Nursing Home Care Act say a waiver of the right to sue or to a jury trial has no force. Still, the Illinois Supreme Court ruled in Carter v. SSC Odin Operating Co. that the Federal Arbitration Act can override those sections for arbitration clauses. Ask for these items:
- Admission agreement
- Care plan
- Medical charts
- Incident reports
- Medication logs
Deadlines, Wrongful Death and Who Can Sue
Illinois sets a short deadline for most injury claims. Under 735 ILCS 5/13-202, a lawsuit for injury to a person must generally start within two years after the claim arises. Exceptions exist, such as for residents with a legal disability, but courts apply them case by case, so families should plan around the two-year mark. Cases against a government-run facility can carry even shorter limits. Waiting also costs evidence, since staff turns over and memories fade.
A resident’s death does not end the right to act. Under 740 ILCS 180/2, a wrongful death action must be brought by the personal representative of the resident’s estate, and it generally must start within two years of the death. Money recovered in that action goes to the surviving spouse and next of kin. A survival claim under 755 ILCS 5/27-6 can cover harm the resident suffered before dying.
Weighing the Options Together
No single route fits every family. A complaint may fix a problem quickly, a lawsuit may address harm that already happened, and some families use both. The resident’s wishes matter most, so include them in each decision when they can take part. Write down what you see, ask for answers in writing, and set a date to review your plan. Ask the facility what it will change, then check later that staff made the change. Small steps keep you moving without forcing a wide choice on the first day.
Published with permission from The Rooth Law Firm – Evanston, Illinois
