What is The Illinois Nursing Home Abuse Statute of Limitations?
Every state has laws known as statutes of limitations that set deadlines for filing lawsuits. With a few exceptions, the Illinois nursing home abuse statute of limitations is two years from the date of injury or death.
Your attorney must gather evidence before filing your lawsuit, and critical evidence may only be available for a short time. In addition, if you miss the deadline, your case will be dismissed, and you will lose your chance to seek justice and compensation. Therefore, it is crucial to contact a reputable nursing home abuse lawyer immediately after your loved one is injured.
Our nationally recognized nursing home abuse attorneys have over 32 years of experience standing up to nursing homes for abuse and neglect. We have developed the most effective and aggressive approach for handling each nursing home abuse case. As a result, we have recovered over $2 billion in compensation for our clients, including numerous record-setting nursing home abuse settlements and verdicts.
Exceptions to the Nursing Home Abuse Statute of Limitations
The nursing home abuse statute of limitations can only be extended if you qualify for one of the following exceptions specifically defined by law:
- The Discovery Rule – If the abuse is not discovered until later, you have two years from the discovery date to file suit. However, you must file suit within four years of when the abuse occurred.
- Fraudulent Concealment – If the nursing home or its staff intentionally covered up abuse, the statute of limitations might be extended to five years from the time it is discovered.
- Legal Disability – If the victim is legally incapacitated, the statute of limitations does not begin to run until capacity is restored.
- Sexual Abuse – When the perpetrator, staff, or someone acting on the perpetrator’s behalf uses threats, intimidation, manipulation, or fraud to silence your loved one, the clock on the statute of limitations is paused.
Never assume you qualify for an exception. If you are wrong, you will lose your opportunity to pursue justice. Our knowledgeable nursing home abuse attorneys can determine the deadline that applies to your case.
Why Is There a Statute of Limitations on Nursing Home Abuse?
Statutes of limitations are designed to protect potential defendants from stale claims and protect the integrity of the court system. For instance, the Illinois Administrative Code only requires nursing homes to maintain resident records for five years after discharge or death. Defending or prosecuting stale claims can be difficult if a nursing home has purged records.
Limiting the time also prevents court dockets from having excessive caseloads. This benefits anyone suing for personal injury, particularly if your case goes to trial, because less congestion in the court system reduces wait times for hearings, mediation, and the trial.
The statute of limitations also benefits victims of nursing home abuse and neglect by providing an incentive to file your case as soon as possible. If too much time passes between your injury and the date you file your lawsuit, you may not have access to the evidence you need to prove your claim. For example, medical records may have been destroyed, and witnesses may have moved, passed away, or forgotten important details.
How to Report Nursing Home Abuse?
If you suspect your loved one has suffered nursing home abuse, act now to protect your loved one. The Illinois Department of Public Health accepts complaints online or over the phone. Due to the high volume of calls, the agency recommends that you submit your complaint online through the Office of Health Care Regulation Portal.
To file a complaint by telephone, call the Central Complaint Registry Hotline at (800) 252-4343. You can also mail, fax, or email a completed Health Care Facilities Complaint Form to the agency using the contact information below:
- Mail — Illinois Department of Public Health, Office of Health Care Regulation, Central Complaint Registry, 525 West Jefferson Street, Ground Floor, Springfield, Illinois, 62761-0001
- Fax — (217) 524-8885
- Email — DPH.CCR@illinois.gov
Gather any supporting documentation you can and have it with you when you file your nursing home abuse complaint. Such evidence may include witness statements, photographs, and medical records.
The Illinois Department of Health coordinates with the Centers for Medicare and Medicaid, and the results of the investigation could lead to fines or loss of licensing or funding for the nursing home. The agency will keep your identity confidential.
Other Agencies That Accept Nursing Home Abuse Complaints
Due to its enforcement powers, the Illinois Department of Health is the most important agency for reporting nursing home abuse. However, the following agencies also accept nursing home abuse complaints, and they can help you protect your loved one from further abuse:
- The Senior HelpLine provides intake services for elder abuse complaints, information, and referrals to people 60 or older and their caregivers. You can report abuse by calling (800) 252-8966 or dialing 711.
- The Department of Healthcare and Family Services hotline provides information on residents’ rights and accepts nursing home abuse complaints at (800) 226-0768.
- The Long-Term Care Ombudsman can visit your loved one and investigate abuse. With your loved one’s permission, the ombudsman can also report abuse to the Illinois Department of Health.
Whether or not you have proof, the suspicion of abuse is enough to warrant reporting nursing home abuse and neglect.
Nursing home abuse is a crime. In addition to reporting the abuse to the above agencies, call your law enforcement if your loved one has been abused at a nursing home.
When Should I Contact a Nursing Home Abuse Attorney?
The statute of limitations sets a generally inflexible deadline. Regardless of the merits of your case, if you miss the deadline, you can lose out on compensation and the ability to bring justice. Contact our knowledgeable nursing home abuse lawyers immediately after you discover your loved one has experienced maltreatment. Involving an attorney protects your claim and ensures you have access to the best evidence, including eyewitnesses, medical reports, and physical or psychological effects your loved one has suffered.
If you suspect your loved one has suffered from abuse at a nursing home, don’t wait to talk to an attorney, even if you’re not sure. The best way to determine whether you have a case is to schedule a free consultation with our knowledgeable nursing home abuse attorneys. The team at Levin & Perconti are pioneers in nursing home abuse litigation and one of the first law firms to hold nursing homes accountable. Nursing home operators and insurance companies know us by reputation and that we never accept less than full compensation.
Don’t let the statute of limitations get in the way of justice. Contact us online today or call (312) 332-2872 to schedule your free case review.
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