By Dan Noll on July 23rd, 2024 in Nursing Home Abuse
Springfield Nursing Home Abuse Lawyer Explains What is Patient Neglect and How it Can Harm a Resident
Abuse and neglect are huge problems in nursing homes and long-term care facilities in Illinois. Patient neglect is the second highest type of elder abuse, accounting for approximately 14% of all reported elder abuse cases. Unfortunately, the Springfield nursing home abuse lawyer at the Noll Law Office knows that many instances of abuse and neglect go unreported. In fact, estimates reveal that roughly one in 24 cases of elder abuse or neglect are unreported in the United States. Another estimate from nursing home audits found that facilities failed to report 97% of cases of abuse to local law enforcement. Although some of the underreporting is due to conduct by the facilities, some of it occurs because residents and their families do not understand what is patient neglect and how it can be caused in a facility.
At the Noll Law Office, that’s why they offer free case evaluations for residents and their families to ask questions and get answers regarding their care at a facility. There is also no obligation to sign up with their nursing home abuse law firm either, which means that residents and families can get answers in a truly informational session with the law firm’s compassionate and skilled staff. If residents and their families decide to hire the Noll Law Office, and if the law firm accepts the case, there is also no upfront cost. In fact, the Noll Law Office covers the litigation expenses and only gets them reimbursed those expenses and paid their legal fees once a recovery has been made. To learn more about how their experienced Springfield nursing home abuse lawyers can help you, call to schedule your free appointment by dialing (217) 414-8889.
What is Patient Neglect in Illinois?
Many people are surprised to learn that patient neglect is defined broadly. Indeed, it is intended to be a concept that benefits residents, as opposed to one that protects facilities. Unfortunately, nursing home facilities often try to twist this narrative by suggesting certain conduct that harmed a resident did not fit into the definition of neglect. This is often done in a deceitful manner which is meant to hide bad conduct and protect bad actors at a facility.
Generally, patient neglect is conduct that harms a patient. The Illinois Department of Aging (IDOA) lumps patient neglect in with the definition of patient abuse, neglect, exploitation, and self-neglect, considering it to be one of many forms of mistreatment. This includes the following:
- Abandonment
- Confinement
- Emotional abuse
- Financial exploitation
- Passive neglect (ignoring necessities)
- Physical abuse
- Self-neglect (resident cannot care for himself or herself, and a facility lets it just happen)
- Sexual abuse
- Willful deprivation, and
- Other forms of patient neglect or abuse.
Two Categories of Patient Neglect
In addition to the specific types above, there are considered to generally be two categories of patient neglect. The first type is known as a type of “procedural neglect,” which relates to the facility’s failure to comply with the required standards of care. This is more of a negligence and malpractice stance, meaning that a facility’s neglect is one that falls below what a reasonably prudent facility would have done in similar circumstances. Said differently, a competent facility would not have caused the same type of neglect that the defendant did. These errors often relate to poor medical care and treatment, inadequate facilities, and other reckless or careless errors.
The second type of known as “caring neglect,” which relates to the appearance and demeanor of caregivers and their apparent uncaring attitude towards residents. More specifically, this relates to the manner that care providers interact with residents and how they treat them. Because it is not enough to just change wound bandages or bathe residents, but also the manner in which a caregiver does it also matters. Although some might say that just relates to issues of personality, it really does matter.
For instance, one audit recorded a resident stating that staff would “throw [him] like a sack of feed” and that another resident saw staff “throw [his roommate] in the bed. They handle him any kind of way.” This conduct can cause injuries, even minor ones, but also result in serious harm over time to residents who are subjected to this abuse day-in and day-out.
Harmed by Nursing Home Abuse? Still Unsure What is Patient Neglect in a Nursing Home? Call the Springfield Nursing Home Abuse Lawyers at the Noll Law Office for Help
Unlike other personal injury law firms, the Noll Law Office handles cases in-house and uses its five generations of legal experience representing the community to help resolve cases. This includes working with law enforcement and medical providers to build liability and damages cases, while keeping all matters in the community where residents and their families live – rather than farming cases out across the state to big law firms like other lawyers do. It is this personalized and dedicated representation that sets the Noll Law Office apart, ensuring that victims are heard and their rights are protected.
To learn more about how the experienced Springfield nursing home abuse lawyers at the Noll Law Office can help you and your family, contact them today by dialing (217) 414-8889.