Author: Dave Abels

A camera hidden by a resident’s family realized their fears: neglect and physical and verbal abuse in a Kentucky nursing home. According to the Associated Press and the Lexington Herald-Leader, a family hid a video camera in the victim’s room at Madison Manor in Richmond, KY, after they became suspicious about the woman’s treatment. Unfortunately, the images they captured confirmed their fears: Staff members at the home handled the 84-year-old woman roughly, lifting her from the bed by her wrists and neck; ate her food; left her lying on the floor; and verbally taunted her, once even shaking a fist at her.

The victim was pulled out to live in a relative’s home and eventually died a natural death, but investigations revealed “injuries of unknown origin” to 17 other residents of the home. The home and its parent company are now under investigation by the state Attorney General. It’s worth noting that the adult granddaughter of the victim in this case is a social worker with the state child protective services agency. Thanks to her professional training, this woman knew the signs of abuse and what complaints to report to the state regulatory agency in charge. As the Lexington paper’s editorial said, not every resident of a nursing home is lucky enough to have a relative with those skills — or even one who visits enough to notice any problems. It’s sobering to think of how many homes may be hiding this type of abuse, without any concerned relatives to find out the truth.

In Illinois nursing home abuse and neglect cases, time truly is of the essence. In my practice as a Chicago nursing home abuse lawyer, I have seen several cases where abuse or neglect was spotted too late, after it had already hurt the health of the victim substantially. In some cases, this can cause a decline in health that leads to death. That’s an unbelievably sad — and highly avoidable — end for people whose families were only trying to give them the high-quality care that the family itself couldn’t provide.

In Illinois, the Nursing Home Care Act holds owners and licensees of nursing homes legally liable for abuse and neglect under their watch. Families with a loved one who suffered nursing home neglect or abuse may sue over all of the costs of the abuse, including medical costs, the cost of alternative care (or missed work), compensation for their loved one’s suffering, any wrongful death and even attorneys’ fees. If you’re thinking of pursuing this type of lawsuit, the Chicago nursing home neglect attorneys at Abels & Annes can help. Please contact us for a free consultation.

Prosecutors in Minnesota filed nursing home abuse charges Dec. 1 against six teenagers who worked part-time at a nursing home in Albert Lea, Minn. The Associated Press reported that the teens, all girls, are charged with groping residents’ breasts and genitals; spitting in their mouths; and verbally taunting them, sometimes until they screamed. All of the victims had Alzheimer’s or dementia, according to the report. Two girls over the age of 18 are charged as adults with assault, abuse of a vulnerable adult, abuse of a vulnerable adult with sexual contact, disorderly conduct and failure to report abuse. Four others who are still juveniles are charged with failure to report abuse.

This is the sort of case that’s made to order for criminal charges. However, the prosecutor in the case has come under fire because he isn’t pursing jail time for the two older girls. In fact, he told the AP they would likely get suspended sentences and probation. Perhaps there are circumstances that make probation the right choice, but I hope these girls are held responsible for their actions in a meaningful way.

When prosecutors can’t or won’t pursue full criminal charges against perpetrators of nursing home abuse, families in Illinois and other states can also seek justice through the civil courts. You cannot send someone to jail with a Chicago nursing home abuse lawsuit, but you can still hold the perpetrators legally responsible for their actions. A financial judgment can be a strong message and a serious economic burden for a home that has unfairly profited from its abusive practices. It can also ease the family’s own financial burdens substantially, which can be very important if family members had to dip into savings, take a leave of absence from work or make other financial sacrifices to pull a loved one out of an abusive home.

Finally, it’s worth asking why teenagers were allowed to care for these patients without close supervision. Teenage girls working as nurses’ aides is nothing new, but working with mentally ill patients requires special patience and sometimes special skills. Skilled nurses and nurses’ aides are much more expensive to employ than teenagers — for a reason. If cost-cutting is behind this story, the organization that runs the home may be liable, along with the perpetrators themselves (and anyone who looked the other way). If someone you love is a victim of nursing home abuse in Illinois and you’d like to know more about your legal options, please contact us at Abels & Annes today.