What Is Elder Neglect?

Elder neglect is a form of abuse that occurs when older adults are deprived of the care, supervision, and support they need to live safely and with dignity. It is especially concerning because elderly individuals often rely on caregivers, nursing homes, or assisted living facilities for their daily needs.

When that trust is broken, the consequences can be severe—leading to physical harm, emotional distress, and even life-threatening conditions.

Understanding what qualifies as elder neglect—and when legal action may be appropriate—is an important step in protecting vulnerable individuals and holding negligent parties accountable.

What Is Elder Neglect?

Elder neglect occurs when a caregiver or facility fails to provide necessary care to an older adult, resulting in harm or risk of harm.

This can include:

• Failure to provide adequate food or hydration

• Lack of proper medical care or medication management

• Poor hygiene or unsanitary living conditions

• Failure to assist with mobility, leading to falls or injuries

• Ignoring basic needs such as toileting or bathing

• Lack of supervision for individuals with cognitive impairments

Neglect can be intentional or the result of understaffing, poor training, or systemic failures within a facility.

Unlike some forms of abuse, elder neglect is often subtle and may develop over time. Family members may notice warning signs such as weight loss, bedsores, frequent infections, or changes in behavior.

Our Elder Neglect Practice Areas

At Hurley McKenna & Mertz, P.C., we represent individuals and families affected by elder neglect in a variety of settings, including:

• Nursing home neglect

• Assisted living facility neglect

• Hospital neglect or improper discharge

• In-home caregiver neglect

• Neglect involving dementia or Alzheimer’s patients

• Malnutrition, dehydration, and medication errors

• Falls, fractures, and preventable injuries

We focus on uncovering the root causes of neglect—whether individual misconduct or systemic failure—and pursuing accountability at every level.

Do I Have an Elder Neglect Case?

You may have a case if an elderly loved one suffered harm due to a caregiver’s failure to provide appropriate care.

You may have a claim if:

• Basic needs such as food, hygiene, or medical care were not met

• There were preventable injuries, such as falls or pressure ulcers

• Staff failed to monitor or respond to changes in health

• A facility was understaffed or failed to follow proper protocols

• There is evidence of repeated issues or ignored complaints

In many cases, liability extends beyond individual caregivers. Nursing homes, assisted living facilities, and healthcare providers may be held responsible if they:

• Failed to properly train or supervise staff

• Maintained unsafe staffing levels

• Ignored known risks or prior incidents

• Prioritized cost-cutting over resident safety

If you suspect neglect, it is important to act quickly to protect your loved one and preserve evidence.

Illinois Statute of Limitations for Elder Neglect

In Illinois, elder neglect claims are generally subject to specific time limits for filing a lawsuit.

These timelines may depend on:

• When the neglect occurred

• When the harm was discovered

• Whether the case involves medical negligence or wrongful death

Certain situations—such as ongoing neglect or delayed discovery of harm—may affect how long you have to file a claim.

Because these rules can be complex, speaking with an attorney as soon as possible can help ensure your rights are protected.

Why Choose Hurley McKenna & Mertz, P.C.?

Hurley McKenna & Mertz, P.C. has a strong track record of representing vulnerable individuals and families in cases involving neglect and institutional failure.

We are known for:

• Investigating complex cases involving nursing homes and care facilities

• Holding corporations and healthcare providers accountable

• Identifying patterns of neglect and systemic issues

• Providing compassionate, family-centered representation

• Fighting for meaningful compensation and improved care standards

We understand how difficult it is to trust others with the care of a loved one—and how devastating it is when that trust is broken.

Speak With a Chicago Elder Neglect Lawyer Today

If you believe an elderly loved one has been neglected, taking action can help prevent further harm and protect others from similar treatment.

At Hurley McKenna & Mertz, P.C., we offer confidential consultations to discuss your concerns and help you understand your legal options.

Contact our Chicago elder neglect lawyers today to seek accountability, protect your loved one, and pursue justice.