Yes, you can sue a nursing home for neglect if its actions or failure to act resulted in harm or death to a resident. A successful claim must show that the facility breached its duty of care and that this breach directly caused physical, emotional, or financial injury.
If you’re worried that someone you care about is being mistreated, a Chicago nursing home abuse lawyer can help you evaluate whether you have grounds for legal action.
Neglect in long-term care facilities is far more common than many people realize. It can range from subtle oversights to life-threatening failures in care. What makes these cases especially challenging is that the signs are often dismissed as part of the aging process or overlooked entirely—until a serious injury or decline occurs.
What Qualifies as Nursing Home Neglect?
Neglect happens when a facility fails to provide the basic care, supervision, or attention a resident needs to stay safe and healthy. Unlike abuse, which often involves intentional harm, neglect usually results from inaction, understaffing, or poor management. That doesn’t make it any less dangerous—or any less worthy of legal accountability.
Examples of nursing home neglect may include:
- Failing to assist with eating, bathing, or using the restroom
- Ignoring signs of illness or failing to provide timely medical treatment
- Not repositioning immobile residents, leading to pressure ulcers
- Letting residents wander unsupervised, resulting in injury
- Withholding medication or giving the wrong dosage
- Not responding to call buttons or emergency alerts
- Allowing unsafe or unsanitary conditions to persist
In Illinois, nursing homes are regulated under the Illinois Nursing Home Care Act (210 ILCS 45/), which outlines the legal rights of residents and the responsibilities of licensed care facilities. Violations of this law can form the basis for a civil lawsuit.
Signs That May Point to Neglect
When neglect is happening behind closed doors, it’s often family members who first notice that something isn’t right. While some red flags are obvious, others can be harder to recognize, especially if the staff is downplaying the severity or offering vague explanations.
Potential warning signs include:
- Unexplained falls or repeated injuries: If a resident has frequent accidents—like slipping, bruising, or fractures—it may be a sign they’re not receiving the supervision or assistance they need to stay safe.
- Bedsores or untreated infections: Pressure ulcers and infections can develop when a person isn’t moved regularly, kept clean, or given timely medical attention.
- Neglected grooming or hygiene: Wearing soiled clothing, having unwashed hair, or living in an unclean room often points to a lack of help with everyday personal care.
- Noticeable weight loss or signs of dehydration: Sudden changes in weight or fluid levels may result from missed meals, medication issues, or simple neglect in monitoring nutrition.
- Withdrawal or changes in mood: A resident who suddenly becomes quiet, fearful, or withdrawn may be reacting to something happening behind the scenes—especially if the behavior is new or unexplained.
- Untreated medical conditions or hospital visits without notice: Delays in care or unexpected hospitalizations could indicate that staff are failing to report or manage health concerns properly.
If you notice one or more of these signs, trust your instincts and begin documenting your concerns. Photographs, notes from visits, and conversations with staff can all become valuable evidence if a claim moves forward.
When Can You Sue a Nursing Home for Neglect?
You may have grounds to sue a nursing home if all of the following conditions are met:
- The facility had a legal duty of care to provide a certain level of safety and support to your loved one.
- That duty was breached, either through action or inaction.
- The breach directly caused harm, such as injury, illness, or emotional trauma.
- You can show proof of damages, whether financial, physical, or psychological.
Legal claims may be filed by the injured person or by their legal representative, which often includes a spouse, adult child, or guardian. In cases where the neglect led to death, a wrongful death claim may also be filed by surviving family members.
At Shore Law, we work with families to carefully investigate these situations and determine the most effective legal path forward.
What Kind of Compensation Can You Recover?
Filing a lawsuit for nursing home neglect may lead to different types of compensation, depending on what your loved one experienced and how the neglect affected them. These damages are meant to cover both the immediate and long-term impact of the facility’s failure to provide proper care:
- Medical expenses: This can include hospital stays, rehabilitation, prescriptions, and any ongoing treatment related to injuries caused by the neglect.
- Pain and suffering: Residents who endure emotional trauma, anxiety, or physical pain as a result of being neglected may be entitled to compensation for those experiences.
- Out-of-pocket costs: Families often face extra expenses, such as traveling to the facility, hiring outside caregivers, or purchasing mobility aids or medical supplies.
- Punitive damages: In particularly severe cases, the court may award additional damages to penalize the nursing home for reckless or intentional wrongdoing.
If the neglect led to a resident’s death, surviving family members may also pursue compensation for funeral expenses, loss of companionship, and the emotional and financial toll of their loved one’s passing.
How We Investigate Nursing Home Neglect
At Shore Law, we take a deeply investigative approach to elder care cases. Many forms of neglect are hidden within medical records, internal reports, or electronic health systems—and we know how to uncover them.
As a recognized nursing home software expert, we examine not only what’s in the medical chart, but how and when it was recorded. We look for:
- Deleted or altered entries
- Gaps in care documentation
- Staff access logs that show who viewed or edited records
- Ignored safety alerts or vitals monitoring systems
- Evidence of poor staffing or resource allocation
Our team has provided this level of analysis for attorney generals in criminal cases, healthcare professionals, and legal teams nationwide, and we bring that same attention to detail to every client we represent. When you hire Shore Law, you gain access to this high-level expertise as part of your case—without paying extra consultant fees.
Talk to a Nursing Home Neglect Lawyer Today
If your loved one has suffered due to neglect in a care facility, it’s important to act quickly. The longer a facility has to cover its tracks, the harder it may be to gather evidence. At Shore Law, we offer free consultations and can travel for in-person case reviews when needed.
With over 40 years of combined experience and $250 million recovered for injured clients and their families, we know how to fight back against nursing homes that fail to protect their residents.
Contact Shore Law today to schedule your consultation and take the first step toward accountability.
