How To Take Legal Action After Medical Neglect Causes Nursing Home Patient Death or Serious Injury

 Posted on April 28, 2026 in Neglect

Families leave their loved ones in nursing homes with the expectation that they will receive quality medical care. That trust can end up shattered when a family discovers that their loved one’s health has suffered under the facility’s watch. If you believe your loved one was neglected in a care facility, reach out to a St. Clair County, IL nursing home injury lawyer today.

Identifying and taking action against nursing home neglect can be intimidating. At Schwartz Injury Law, we can guide you through the process step-by-step, as we have done for numerous clients over the years. We have secured meaningful compensation in successful case results, including a $2.4 million result from a wrongful death claim against a long-term care facility.

When Is an Illinois Nursing Home Responsible for Death or Serious Injury?

An Illinois nursing home can be held legally responsible when neglect, abuse, poor training, or unsafe policies cause a resident to suffer serious harm. The key question is whether the facility failed to provide reasonable care and whether that failure caused or worsened the injury. Neglect can take many forms, including:

• Falls caused by staff ignoring a known fall risk
• Infected bedsores from leaving a resident in one position for too long
• Dehydration or malnutrition from failing to provide proper food, water, or monitoring
• Harm caused by overmedication or medication mistakes
• Injuries after a resident wanders away from a safe area
• Serious harm caused by staff failing to respond to call lights
• Injuries during unsafe transfers
• Abuse by staff members, visitors, or other residents that the facility failed to prevent 

Responsibility can reach beyond one nurse or aide. The nursing home itself might also be named at fault for understaffing, poor supervision, weak hiring practices, missing safety plans, or failure to follow care plans. In a severe case, these failures can lead to broken bones, sepsis, brain injuries, loss of mobility, or death.

What Steps Do I Need To Take After Discovering Nursing Home Neglect?

Illinois law sets deadlines for filing nursing home neglect claims. This deadline is called the statute of limitations. In many injury cases, a person has two years to file a lawsuit. That deadline is very important. If you wait too long, the court can dismiss your case, even if the neglect was severe (735 ILCS 5/13-202).

The deadline does not always start on the day the neglect first happened. In some cases, it starts when the injury was discovered or when the family reasonably should have discovered it. This is called the discovery rule. For example, if a resident develops a serious infection, the family might first be told that it was unavoidable. Later, hospital records could show that the infection started with an untreated pressure sore. In that kind of case, the discovery date could become an important issue. The question is when the family knew, or reasonably should have known, that neglect might have caused the harm.

What Needs To Be Included With a Nursing Home Neglect Claim in IL?

A nursing home neglect claim should be built around evidence. Strong evidence helps show what the facility knew, what it failed to do, and how that failure harmed the resident. Families should try to gather as much information as they can, but they do not have to do everything alone. Our firm can help you document proof for your claim to strengthen your position in negotiations.

Useful evidence can include medical records, nursing home charts, care plans, medication records, photographs of injuries, hospital papers, witness names, text messages, emails, and written complaints. Photos can be especially helpful in cases involving bedsores, bruises, poor hygiene, unsafe rooms, or visible weight loss. A written timeline can also help. Families should write down dates, names, symptoms, conversations, and changes in the resident’s condition.

The claim should also explain the resident’s losses. These can include medical bills, hospital treatment, pain, disability, emotional distress, loss of dignity, and the cost of future care. In a fatal case, the family can seek damages tied to the death, including funeral costs and losses suffered by surviving family members.

Do I Need To Go to Trial To Get Compensation for Nursing Home Neglect?

Many nursing home neglect cases do not go to trial. A large proportion of cases are resolved through settlement after the evidence is reviewed. A settlement can save time, reduce stress, and give the family more control over the outcome. However, a fair settlement usually requires strong preparation.

The nursing home or its insurance company may deny responsibility, blaming age, illness, or a pre-existing condition. The facility may argue that the family misunderstood what happened. Our firm can push back with records, witness statements, medical opinions, and other evidence.

Trial becomes more likely when the parties disagree about fault, the seriousness of the injury, or the amount of compensation. Filing a lawsuit does not mean the case will reach a courtroom. It shows that the family is taking the matter seriously. It can also give the family access to more information through discovery.

Should I Report Nursing Home Neglect to the Illinois Department of Health?

You do not have to report nursing home neglect to the Illinois Department of Public Health before bringing a legal claim. A civil case and a state complaint are separate. Still, making a report can help in many cases.

The Illinois Department of Public Health can investigate complaints about nursing homes and long-term care facilities. A report can create a record of the family’s concerns. It can also lead to findings, citations, or other documents that help show a pattern of unsafe care. If the danger is ongoing, reporting the problem can help protect the resident and others.

A report should be specific. Include the resident’s name, the facility name, the dates involved, the injuries or unsafe conditions, and the names of staff members if known. Families should keep copies of anything they send. They should also save complaint numbers, letters, emails, and any responses from the state.

Reporting neglect does not replace legal action. The state’s role is to investigate and regulate. A civil claim focuses on compensation for the harm done to the resident and family. Both can matter.

Contact a St. Clair County, IL Nursing Home Injury Lawyer

If your loved one was seriously hurt or died because of nursing home neglect, you deserve clear answers. Our attorneys can review what happened, explain your options, and help determine whether the facility can be held responsible. Call Schwartz Injury Law at 312-535-4625 to contact our Madison County, IL nursing home neglect attorneys and schedule a free consultation.