Moving a loved one into a nursing home means trusting strangers with someone you care about. When that trust gets broken, families are usually the last to know, because the facility controls the records and the staff.
The Chicago nursing home abuse lawyers at Horwitz, Horwitz & Associates have held nursing homes accountable for wounds left untreated and for residents who didn’t get adequate help in time.
If your family member is being hurt or neglected in a Cook County facility, call (800) 985-1819 for a free consultation.
Why families across Cook County trust Horwitz, Horwitz & Associates
Horwitz, Horwitz & Associates has been a family firm since 1924, and across four generations we’ve never represented corporate interests. We’ve recovered more than $1 billion for injured Illinois people. Nursing home chains are corporations, and they don’t put their best number on the table unless there’s a real chance the case goes to a jury.
Most families did everything they believed was right for their loved one, only to discover that trust had been broken. Trusting a licensed facility wasn’t the mistake, but getting answers is often what finally changes how future residents are cared for.
- Built to try cases, not just settle them. Injury Attorney Clifford Horwitz has won virtually every case he’s taken to trial, with more than 25% of his victories setting records.
- A doctrine this firm helped shape. Andrew J. Horwitz was trial counsel in the federal case that first put a value on a person’s lost enjoyment of life. Illinois calls that loss of a normal life, and it’s at the center of most nursing home cases, because what a resident loses is rarely just a wound.
- Cases other firms turned away. Many of our clients came to us after being told they had no case, or pushed to settle for a fraction of what the claim was worth.
When a nursing home fails a resident, families deserve lawyers who will treat their loved one’s story with the care and urgency it deserves.
What we’ve recovered in nursing home abuse cases
A woman was left leaning to one side in her wheelchair until she developed a pressure sore. Staff ignored it for six weeks, and after the wound went septic, caretakers wrapped a bleach-soaked pillowcase around her waist. She died days later, and her family’s case settled for $410,000.
Another resident choked for eleven minutes while staff did nothing. Six years of litigation ended in a high six-figure settlement, and the facility was shut down permanently. Every case turns on its own facts, so no past result predicts another family’s.
What our former clients say
“My mother was supposed to be in the nursing home for only a short stay for rehabilitation after a stroke. But instead, she was ignored and neglected. Not only did she not get the rehabilitation she needed, but she also developed bedsores, which were left untreated and caused her to die of septic shock. She was my mother. I loved her. And they let her die. The lawyers at Horwitz and Horwitz listened to me, comforted me, and helped me get the justice my mother deserved. I hope it will prevent this from happening to other families in the future.”
Anonymous | Client
Our clients tell their own stories in the video testimonials on our site.
What does Illinois law require of nursing homes?
The Illinois Nursing Home Care Act sets the standard every licensed facility has to meet and lets residents sue when it’s ignored. The owner and the licensee are liable for any negligent or intentional act by their staff that injures a resident, which reaches the corporate owner instead of stopping at the aide in the room.
The Act also guarantees residents freedom from abuse and neglect, strict limits on physical restraints and unnecessary drugging, and the right to complain without being punished for it. When a facility violates those protections, it can be ordered to pay your attorney’s fees on top of your damages. Very few Illinois injury claims work that way, and it’s part of why a family with no money can still take on a chain that has plenty.
Illinois homes are not, as a group, meeting that standard. The state ranks 48th of 50 for nursing home quality in America’s Health Rankings’ 2026 Senior Report, and federal data shows 27% of Illinois nursing homes carrying the CMS abuse icon, against 9.8% nationally.
Who can be held responsible for nursing home abuse?
More than one party is usually at fault, which is why these cases are be investigated before filing.
- The facility and its corporate owner, for hiring without background checks, skipping training, or keeping shifts thin to protect margins. Understaffing is the most common root cause we see, and Illinois has wrestled with it for years.
- Individual nurses and aides, who can be liable personally and may face criminal charges when the harm was intentional.
- Staffing agencies and contractors, since facilities hire out therapy, food service, and equipment maintenance.
What are the types of nursing home abuse and neglect?
Abuse in a nursing home rarely looks like what families picture. Most of what we litigate is quiet neglect.
- Neglect. Failure to provide basic care, showing up as bedsores, dehydration, malnutrition, and preventable falls. Injuries like pressure ulcers are almost always preventable with repositioning.
- Physical abuse. Hitting, rough handling, or improper use of restraints.
- Chemical restraint. Sedating a resident with antipsychotics for staff convenience. Illinois requires informed consent outside an emergency.
- Emotional abuse. Threats, humiliation, and cutting a resident off from other people.
- Sexual abuse. Non-consensual contact from staff, a visitor, or an unsupervised resident.
- Financial exploitation. Taking a resident’s money, forging signatures, or steering changes to estate documents.
- Medication errors. Wrong drug, wrong dose, or a critical prescription skipped.
What are the warning signs of abuse in a nursing home?
Many residents can’t tell you, either because they fear what happens after you leave or because dementia makes reporting impossible, so the burden falls on visiting family. Unexplained bruising or a pattern of falls the staff can’t account for are the obvious signs. Rapid weight loss, poor hygiene, and bedsores deserve the same weight, because those come from care that isn’t being given. Watch the facility too, because staff who delay your visits or won’t leave you alone with your loved one are telling you something. Our attorneys have written more about the signs families miss.
How can you check a nursing home’s record?
You can look it up yourself, and a documented pattern changes how seriously the home takes your complaint. Medicare’s Care Compare rates every certified nursing home on inspections and staffing and flags homes cited for abuse. The Illinois Department of Public Health publishes violation data, and it cited long-term care facilities 1,747 times in 2024, up from 1,115 in 2022.
What should you do if you suspect nursing home abuse?
If your loved one is hurt, get them evaluated outside the facility, because a record from Northwestern Memorial or Rush carries weight the home’s own chart never will. Photograph injuries while they’re visible, since bruises fade and rooms get cleaned before anyone official arrives. Keep a log of your visits with dates and staff names, because memory gets challenged in litigation and written notes don’t.
File a complaint with IDPH at (800) 252-4343. That’s the right agency for a licensed nursing home, and this trips families up constantly: Illinois Adult Protective Services handles older adults living in the community, not residents of licensed facilities. The Long-Term Care Ombudsman is worth a call too, at (312) 746-7490 in Chicago or (888) 401-8200 in suburban Cook County. An ombudsman will press the facility to fix the problem, though they can’t fine anyone.
Talk to an attorney before you give the facility a written statement or sign anything they hand you. If you’re considering moving your loved one out, we can help you do it without damaging your case.
Can an arbitration agreement stop you from suing?
Often not, even if someone in your family signed one. Most Chicago nursing homes bury a binding arbitration clause in the admission packet, and families sign it during one of the worst weeks of their lives.
Federal rules bar a Medicare- or Medicaid-certified nursing home from requiring arbitration as a condition of admission, and a resident who signs one has 30 days to cancel it. Who signed matters too, since a relative holding only a healthcare power of attorney often lacks authority to agree to arbitration, and Illinois courts have refused to enforce these agreements on that basis. Bring us the paperwork before you assume that clause ends the conversation.
What compensation can families recover?
A nursing home claim can recover what your family actually lost and the harm that doesn’t come with a receipt.
- Economic damages cover medical treatment, the cost of moving your loved one somewhere safe, and money taken through financial exploitation.
- Non-economic damages cover the pain, the humiliation, and the loss of whatever quality of life your loved one had left.
- Attorney’s fees may be recoverable from the facility when the claim rests on a violation of the Nursing Home Care Act.
When neglect caused a death, a wrongful death claim recovers funeral costs and the loss of that person’s companionship, and a separate survival claim recovers what your loved one suffered while alive.
How long do you have to file a nursing home abuse lawsuit in Illinois?
Two years is the general deadline in Illinois, but the date it starts running depends on what happened, and getting it wrong ends the case permanently.
For a resident who was injured and survived, the clock generally runs from when the injury was discovered or reasonably should have been discovered. For a resident who died, a wrongful death claim generally runs two years from the date of death, not from the day the family learned the cause. Different deadlines can apply depending on which parties are named. These cases are filed in the Law Division of the Circuit Court of Cook County at the Daley Center, and evidence disappears once staff turns over, so call sooner rather than later.
Frequently asked questions about nursing home abuse in Chicago
Can I file a claim for a parent with dementia?
Yes, though usually not on a healthcare power of attorney alone, because that document covers medical decisions rather than lawsuits. Filing for someone who can’t file for themselves generally requires a court-appointed guardian of the estate, an agent under a property power of attorney covering litigation, or a next friend. If your loved one has died, the personal representative of the estate brings the claim, and an Illinois court can appoint a special administrator without your family opening a full probate estate. We handle these appointments as part of the case.
Will the nursing home retaliate against my loved one if we complain?
Illinois law prohibits it. A facility can’t transfer, discharge, harass, or retaliate against a resident for reporting abuse, and protections that took effect January 1, 2026 gave residents their own right to sue over retaliation. Involuntary discharge is allowed only on narrow grounds and usually requires 30 days’ written notice. Tell us right away if the facility’s behavior changes after you complain, because retaliation is its own claim.
What does a nursing home abuse lawyer cost?
Nothing upfront. We work on a contingency fee, so our fee comes out of what we recover, and you owe us nothing if we don’t win. Consultations are free, and in claims built on violations of the Nursing Home Care Act, the facility itself may be ordered to pay your attorney’s fees.
What evidence can prove nursing home abuse or neglect?
Medical records, photographs of injuries, medication records, staffing records, incident reports, inspection reports, witness statements, and communications with the facility can all help establish what happened. Records showing changes in your loved one’s condition or repeated complaints about the same problem may also reveal a pattern of neglect.
Can I sue a nursing home if my loved one signed an admission agreement?
Possibly. An admission agreement does not necessarily prevent a resident or family from pursuing a claim for abuse or neglect. Some agreements contain arbitration clauses, liability provisions, or other language that may affect a lawsuit, but whether those provisions are enforceable depends on the specific circumstances. Have an attorney review the agreement before assuming it prevents you from taking legal action.
Can a nursing home be sued for a preventable fall?
Yes, depending on the circumstances. A nursing home may be liable when staff knew or should have known that a resident was at risk of falling but failed to take reasonable precautions. The circumstances surrounding the fall, the resident’s medical history, the facility’s care plan, staffing, and what staff did before and after the incident can all matter when determining whether the fall was preventable.
What if my loved one cannot remember what happened?
A resident’s inability to remember or explain what happened does not necessarily prevent a nursing home abuse or neglect claim. Dementia, cognitive impairment, medication, or other conditions may make a resident unable to provide a reliable account, which makes other evidence particularly important. Medical records, photographs, staff statements, facility records, surveillance footage, and testimony from family members or other witnesses may help establish what occurred.
What happens to a nursing home abuse claim if the resident dies during the case?
A resident’s death does not necessarily end an existing claim. Depending on the circumstances, the estate may be able to continue a survival claim for injuries and suffering the resident experienced before death, while a wrongful death claim may address losses resulting from the death itself. The applicable claims and who may pursue them depend on the circumstances, so families should speak with an attorney promptly after a resident dies.
Talk to a Chicago nursing home abuse attorney
No one should have to wonder whether their mother is being cared for or warehoused. If something is wrong at your family member’s facility, our legal team will find out what happened, and we’ll take the case to trial if the facility won’t deal with you honestly.
Call our Chicago personal injury lawyers at (800) 985-1819 or reach out online for a free consultation.
