Can I Sue a Nursing Home if Someone Is Not Injured?

 Posted on May 20, 2024 in Nursing Home Abuse

It is quite common for loving families to place a loved one in a nursing home facility when the loved one is no longer able to care for themselves on his or her own. Families rightfully expect the standard of service and care their loved one will receive to be of the highest standard. Family members may become concerned if signs of nursing home neglect are present, even if no actual injuries have occurred yet. Families may wonder if they can pursue meaningful legal action in this type of unique circumstance. If you and your family are considering legal action but have questions about how to proceed, an experienced attorney in Illinois is ready to help.

What the Legal Action Without Injury is Grounded On

One way to enforce a lawsuit against a nursing home without the actual manifestation of physical harm is if the implied or explicit contractual terms are violated. That is, nursing home workers do not do what is required of them, fail to maintain a clean environment, or do not provide activities or other procedures according to the agreement. 

For instance, if there is proof of careless supervision, improper negligence prevention, or an unwillingness by nursing home staff to provide contracted services, a claim may be valid. Ultimately, under the law in Illinois, a case can be pursued when an infringement upon a resident’s rights occurs. For example, legal action may be possible when workers do not respect one’s privacy space or use prohibited restraining methods. 

Illinois Nursing Homes and Regulatory Non-Compliance 

The quality of care in nursing homes is regulated by state and federal laws, meaning each facility must follow all rules. In non-compliance cases, legal action may be taken against the facility, especially regarding regulatory infractions. For instance, the absence of genuine emergency protocols or health and safety violations may constitute non-compliance. Even if no person has been injured in such cases, the laws are in place to safeguard patients’ well-being, and the laws must be followed. 

Contact Our Addison County, IL Nursing Home Neglect Attorneys

Overall, you can certainly sue a nursing home even if no physical injuries have transpired. Breach of contract, non-observance of the rights of the resident, and regulatory non-compliance could stand as grounds for the lawsuit. To pursue legal action and protect the rights and interests of your loved one, the respected Chicago, IL nursing home neglect lawyers can help. Contact 312-535-4625 for a free consultation.