At Pullano & Siporin, we have earned a reputation as one of Chicago’s most trusted personal injury law firms, known for fighting tirelessly on behalf of vulnerable individuals and their families. Our commitment extends deeply into the realm of nursing home negligence, where the consequences of inattention and substandard care can be devastating.
Two of the most common and telling signs of nursing home neglect are falls and bedsores. These injuries are often the direct result of improper care, insufficient staffing, and violations of established health and safety standards.
When these preventable injuries occur, they are red flags that a nursing home may be failing to protect its residents. In this article, we will explore why falls and bedsores are not only dangerous but also legally significant indicators of neglect, and how families can take action to protect their loved ones and hold negligent facilities accountable.
Legal Foundation
When it comes to nursing home care in Illinois, the law is clear. Residents are entitled to a safe and dignified environment. These rights are enshrined in both state and federal statutes that serve to protect some of the most vulnerable members of our society.
1. The Illinois Nursing Home Care Act (210 ILCS 45/)
The Illinois Nursing Home Care Act (210 ILCS 45/) is a landmark piece of legislation that establishes the legal duty of nursing homes to provide adequate care and to protect residents from abuse and neglect.
Facilities must ensure proper medical treatment, nutrition, hygiene, and supervision. Any failure to meet these standards, especially when it results in preventable injuries, can constitute a serious violation of a resident’s legal rights.
The Act empowers residents and their families to pursue legal action when those rights are violated, including claims for damages and attorney’s fees.
2. Federal Protections Under OBRA-87
The Omnibus Budget Reconciliation Act of 1987 (OBRA-87) introduced sweeping reforms to nursing home care nationwide. Among its most important provisions are requirements for individualized care plans, adequate staffing levels, and ongoing assessments to ensure that each resident maintains the highest practicable level of physical and mental health.
OBRA-87 also mandates regular training for staff and the use of certified nursing assistants to provide direct care, critical safeguards that, when ignored, often lead to the types of injuries discussed in this article.
3. Regulatory Oversight: IDPH and CMS
In Illinois, the Department of Public Health (IDPH) is responsible for inspecting and licensing long-term care facilities. These inspections, both scheduled and complaint-driven, help ensure compliance with state and federal regulations. When violations are found, the IDPH has the authority to issue fines, mandate corrective actions, and even revoke a facility’s license.
At the federal level, the Centers for Medicare & Medicaid Services (CMS) also monitors compliance through its star-rating system and deficiency reports.
Together, these laws and regulatory bodies form a robust framework designed to prevent harm in nursing homes. But when that system fails, when residents suffer preventable injuries due to neglect, it is critical that families understand their legal rights and pursue accountability.
Falls as Indicators of Neglect
Falls in nursing homes are rarely accidental in the true sense of the word. Many falls occur because of inadequate supervision, unsafe environments (such as wet floors or poor lighting), or improper transfer protocols during routine activities such as moving from a bed to a wheelchair.
Health Impacts of Falls
The physical consequences of a nursing home fall can be devastating.
- Hip and femur fractures are particularly common and often require surgical intervention.
- Head injuries, including traumatic brain injuries (TBIs), can result in cognitive decline or even death.
- Even less catastrophic falls can lead to a loss of mobility, increased dependency, and a permanent decline in quality of life.
For elderly residents already coping with medical vulnerabilities, a single fall can accelerate the progression toward disability or death.
Warning Signs & the Role of the Family
Family members play a vital role in identifying neglect before it causes irreversible harm. Here are some key red flags to watch for:
- Unexplained bruises or lacerations.
- Sudden changes in mobility or reluctance to move.
- Staff evasiveness or inconsistent explanations.
- Visible fear or anxiety in the resident.
If you suspect neglect, take action immediately:
- Document everything – photograph injuries, note timelines, and record conversations.
- Request medical and incident records – facilities are legally required to maintain these.
- Report the incident – file a complaint with the Illinois Department of Public Health (IDPH).
- Consult an attorney – early legal guidance can preserve evidence and hold negligent parties accountable.
Falls in nursing homes are serious, but they are also often preventable. Families who act quickly and assertively can help stop the cycle of neglect and protect their loved ones from further harm.
Bedsores: Clear Evidence of Neglect
Bedsores, also known as pressure ulcers or decubitus ulcers, are among the clearest signs of nursing home neglect. These painful wounds develop when sustained pressure cuts off blood flow to vulnerable areas of the body, most often in immobile or bed-bound residents.
What makes bedsores so alarming is that they are almost always preventable. With proper care, a nursing home can avoid the development of these injuries entirely.
“Never Event”
In Illinois, bedsores are legally considered a “never event”, meaning they should never occur in a properly managed facility. Under the Illinois Nursing Home Care Act, a bedsore is presumed to be the result of neglect unless the facility can demonstrate it was truly unavoidable. This legal presumption places a heavy burden on negligent facilities and empowers families to seek justice.
Bedsores as Legal Indicators
The presence of a bedsore, especially at advanced stages (e.g., Stage 3 or Stage 4), is often a red flag that the facility has:
- Breached Its Duty of Care – opening the door for a negligence claim.
- Violated State Laws – protecting residents from neglect, and
- Allowed the Situation to Progress – to the point where it may result in sepsis, amputation, or even death, potentially forming the basis of a wrongful death lawsuit.
Root Cause: Understaffing
One of the most common contributors to these failures is understaffing. When facilities operate without sufficient trained staff, residents are more likely to be left unattended, improperly assisted, or neglected altogether, placing them at serious risk of injury.
Whether it’s falls or bedsores, the root cause behind many preventable injuries in Illinois nursing homes is chronic understaffing. Despite regulatory standards, many facilities cut corners on staffing to protect profit margins.
Fighting for Justice in Illinois Nursing Homes: A Recent Victory
At Pullano & Siporin, we are no strangers to uncovering serious neglect in Illinois nursing homes, and we are proud to fight for the vulnerable. In one recent case, we secured a $275,000 settlement for a 77-year-old woman with MS and dementia after a fractured femur went undiagnosed and untreated for weeks. The case also revealed a Stage 4 bedsore and signs of malnutrition, clear evidence of systemic neglect, and a facility cover-up.
Why Choose Pullano & Siporin
At Pullano & Siporin, we don’t just seek compensation. We expose the truth, uncover systemic failures, and fight for meaningful change in long-term care.
Here’s what sets us apart from other personal injury firms:
- Thorough Investigations — We dig deep into care plans, staffing logs, incident reports, and medical records to uncover the full story.
- Trusted Experts — We partner with top geriatric and medical specialists to strengthen every case with credible, expert insight.
- Aggressive Advocacy — Whether negotiating or in the courtroom, we are relentless in holding facilities accountable, often uncovering cover-ups and policy violations.
- Reform-Focused Results — Our work doesn’t stop at settlement. We have helped push facilities to improve care standards, retrain staff, and change harmful practices.
We are proud to advocate and stand up for vulnerable nursing home residents and their families because everyone deserves to live in a safe and dignified environment.
Take Action Today
If your loved one has suffered from a fall, bedsore, or any other sign of neglect in a nursing home, don’t wait for the situation to get worse. At Pullano & Siporin, our experienced personal injury attorneys are here to listen, investigate, and fight for the justice your family deserves.
Contact us today for a free, confidential consultation and let us help you hold negligent care providers accountable – because every resident deserves to be treated with dignity and respect.
