- Pressure injuries, repeated falls, dehydration and medication errors are common signs of neglect.
- The Illinois Nursing Home Care Act (210 ILCS 45) gives residents specific rights and a private right to sue.
- Facilities can be liable for the acts and omissions of their staff, and the Act allows recovery of attorney fees.
- Request records early and document what you see at every visit.
Families choose a nursing home trusting that their loved one will be safe, clean, fed and cared for. When a facility is understaffed or cuts corners, residents who cannot advocate for themselves suffer first. Neglect is often gradual and easy to explain away, which is why knowing the warning signs matters.
Warning signs of nursing home neglect
- New or worsening pressure injuries (bedsores), especially on the heels, hips, tailbone or back of the head.
- Falls, fractures or unexplained bruises, particularly during transfers to or from a bed or wheelchair.
- Sudden weight loss, dehydration, or frequent urinary tract infections.
- Poor hygiene: soiled bedding or clothing, unbrushed teeth, strong odors.
- Medication errors, missed doses or unexplained sedation.
- Withdrawal, fearfulness or sudden changes in mood or behavior.
- Staff who cannot answer basic questions about care, or calls that go unanswered.
Your rights under the Illinois Nursing Home Care Act
The Nursing Home Care Act (210 ILCS 45) sets out residents’ rights, including the right to adequate and appropriate care and to be free from abuse and neglect. Importantly, the Act gives residents a private right of action: a facility is liable to a resident for injuries caused by the acts or omissions of its employees or agents, and the Act allows a successful resident to recover attorney fees and costs. That fee-shifting provision is meant to make sure these cases get brought.
Pressure injuries are often preventable
Pressure injuries develop when a resident is left in the same position too long. Proper care plans call for regular repositioning, skin checks, nutrition and pressure-relieving surfaces. When a wound progresses from a red spot to a deep, infected wound, the facility’s own charting often shows where care broke down.
What families can do right now
- Photograph injuries, the room and any unsafe conditions, with dates.
- Keep a simple log of visits, what you observed and who you spoke with.
- Ask for a care plan meeting and put your concerns in writing.
- Request your loved one’s medical records. Residents and their authorized representatives have a right to them.
- Report suspected neglect or abuse to the Illinois Department of Public Health, which licenses and inspects nursing homes.
- If there is immediate danger, call 911 or move your loved one to a hospital.
Deadlines and admission paperwork
Claims are generally subject to a two-year limitations period, and when a resident has died, wrongful death and survival claims have their own timing rules. Many admission packets also include arbitration clauses. Do not assume that paperwork ends your rights; have a lawyer review it. For the general deadlines, see our Illinois statute of limitations guide.
How Tober Law helps families
Cam Tober has secured results for nursing home residents including a $930K settlement for a resident dropped during a wheelchair transfer and a $600K settlement for a resident whose pressure injuries deteriorated in a facility’s care. Learn more on our medical malpractice & nursing home page, or reach out for a free, confidential review.
Frequently asked questions
What are the most common signs of nursing home neglect?
Common signs include new or worsening bedsores, repeated or unexplained falls, sudden weight loss or dehydration, poor hygiene, medication errors and sudden changes in mood or behavior.
Can I sue a nursing home for neglect in Illinois?
Yes. The Illinois Nursing Home Care Act gives residents a private right to sue a facility for injuries caused by its employees’ or agents’ acts or omissions, and it allows a successful resident to recover attorney fees and costs.
Are bedsores a sign of neglect?
Often, yes. Most pressure injuries are preventable with proper repositioning, skin checks and nutrition. A wound that develops or worsens in a facility’s care is a red flag that warrants a records review.
Who can bring a claim if my parent has dementia or has passed away?
A legally authorized representative, such as a guardian or the agent under a power of attorney, may act for a resident, and the estate can pursue claims after a resident’s death. An attorney can confirm who has authority in your situation.
Written by
Cameron J. ToberFounder & trial lawyer at Tober Law. Handles catastrophic injury and civil rights cases across Illinois and Missouri, including appeals to the Illinois Supreme Court.
This article is general information about Illinois law and is not legal advice. Every case is different; prior results do not guarantee a similar outcome. Reading this page does not create an attorney-client relationship.
