Challenges in Proving Nursing Home AbuseOne of the biggest challenges in proving nursing home abuse is that your loved one may have been unwilling or unable to substantiate or document claims of abuse or neglect prior to his or her death. Fear of retaliation or a medical condition such as Alzheimer’s disease, where mental faculties are not optimal, may prevent documentation of claims. Without documentation of abuse prior to death, proving wrongful death after the fact can be difficult. If your loved one suffered for many months or years from a medical condition, it may also present a significant challenge to proving nursing home abuse. Pre-existing medical conditions must be taken into consideration in an Illinois wrongful death claim. The challenge is differentiating between the conditions caused by the pre-existing condition and the failure of nursing home staff to properly care for your loved one. This will require a thorough investigation into your loved one’s medical history, which a Chicago nursing home abuse attorney can help you do. A Chicago nursing home abuse attorney will consider all aspects of your loved one’s case, however the challenge still remains in proving the nursing home staff failed to do all they can to care for your loved one. Unlike a motor vehicle accident, where one specific event can result in injuries, in the case of nursing home abuse, several different instances may have occurred over a period of time. In some cases, nursing home abuse or neglect may have taken place over a period of days, months, or even years. The challenge is proving the length of time the patient was abused or neglected, and whether it resulted in death. If charts and records of the patient were kept, a nursing home staff member can go back and correct or delete things that may have demonstrated a lack of proper care. While these challenges exist, they also clearly demonstrate why you need the help of a Chicago nursing home abuse attorney if your loved one has been the victim of nursing home abuse in Illinois.
Common Types of Nursing Home Abuse/Neglect that Result in Wrongful DeathYou should be aware of common types of nursing home abuse and neglect that can result in the wrongful death of a loved one. When staff or a facility fails to adequately care for a patient and it results in their death, you may seek compensation through an Illinois wrongful death claim. Common types of nursing home abuse/neglect resulting in wrongful death may include:
- assault from another resident or a nursing home staff member;
- bed sores (also known as pressure ulcers);
- lack of cleanliness or hygiene leading to infection;
- falls; and
- medication errors.