Illinois's Nursing Home Care Act makes the owner and licensee of a covered long-term care facility liable to a resident for any intentional or negligent act or omission of their agents or employees that injures the resident (210 ILCS 45/3-601). If you believe a loved one is in danger, call 911. To report a nursing home to the state, see the Report to the State box below. Since January 1, 2026, the Act also lets a resident sue a facility that retaliates against the resident for complaining (210 ILCS 45/2-120). For a free consultation with Stavros Law Offices, call (847) 520-4810.

General information, not legal advice. Last reviewed: October 2026.

When Trust Is Broken

Placing a parent, grandparent or spouse in a nursing home is one of the hardest decisions a family makes. Families expect the facility to provide the care they would provide themselves. When understaffing, poor training, careless hiring or medication mistakes lead to harm, the facility can be held responsible. A claim cannot undo what happened, but it can provide compensation and accountability.

Residents' Rights Under the Nursing Home Care Act

The Act covers licensed nursing homes and similar long-term care facilities, including county homes. It does not cover hospitals, assisted living or shared housing establishments, supportive living facilities, or facilities licensed under the ID/DD, MC/DD or specialized mental health rehabilitation acts (210 ILCS 45/1-113). Other laws apply in those settings. Among other protections, the Act provides that:

• No abuse or neglect. An owner, licensee, administrator, employee or agent of a facility shall not abuse or neglect a resident (210 ILCS 45/2-107).
• Abuse means any physical or mental injury or sexual assault inflicted on a resident other than by accidental means in a facility (210 ILCS 45/1-103).
• Neglect means a facility's failure to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living that is necessary to avoid physical harm, mental anguish or mental illness of a resident (210 ILCS 45/1-117).
• Dignity and basic needs. Residents have the right to be treated with courtesy and respect, and to have basic human needs, including water, food, medication, toileting and personal hygiene, accommodated in a timely manner (210 ILCS 45/2-101).
• Restraints. Restraints and confinements may not be used for punishment or for the convenience of facility personnel (210 ILCS 45/2-106(b)).
• Finances. A resident is permitted to manage his or her own financial affairs unless the resident or a guardian authorizes the facility in writing to do so (210 ILCS 45/2-102).

Legal Remedies Under the Act

• Liability for staff conduct. The owner and licensee are liable for intentional or negligent acts or omissions of their agents or employees that injure a resident (210 ILCS 45/3-601).
• Rights violations and attorney's fees. The licensee shall pay actual damages and costs and attorney's fees to a resident whose rights under Part 1 of Article II of the Act are violated (210 ILCS 45/3-602).
• Other relief. A resident may also seek other relief permitted by law, including injunctive and declaratory relief (210 ILCS 45/3-603). These remedies are in addition to other legal remedies, and a resident does not have to exhaust administrative remedies before filing suit (210 ILCS 45/3-604).
• Medicaid eligibility. Damages recovered under these sections are exempt in determining eligibility for medical assistance under the Illinois Public Aid Code (210 ILCS 45/3-605).
• No retaliation. A facility may not retaliate against a resident, a resident's representative, or an employee who reports abuse or neglect or brings or testifies in an action under the Act (210 ILCS 45/3-608).
• New retaliation remedy. Since January 1, 2026, the Act also bars a facility from retaliating against a resident for complaining to the facility, a government agency or the ombudsman, filing a grievance, or testifying, and it lets the resident sue within two years of the last violation (210 ILCS 45/2-120).

Admission Papers and Arbitration

The Nursing Home Care Act says a resident's waiver of the right to sue or to a jury trial is void (210 ILCS 45/3-606, 3-607). The Illinois Supreme Court has held, however, that where the Federal Arbitration Act applies it overrides those provisions as to arbitration agreements (Carter v. SSC Odin Operating Co., 237 Ill. 2d 30 (2010)). In a later decision in the same case, the court held that the resident's own claims could be sent to arbitration but the family's wrongful death claim could not, because the family never agreed to arbitrate (Carter v. SSC Odin Operating Co., 2012 IL 113204). Federal rules bar Medicare- and Medicaid-certified facilities from requiring an arbitration agreement as a condition of admission and give residents 30 days to cancel one (42 C.F.R. 483.70(m)). Whether an agreement can be enforced depends on who signed it and what it says. Bring any admission contract to your consultation.

Types of Abuse and Neglect

• Physical abuse
• Emotional or verbal abuse
• Sexual abuse
• Neglect of medical care, nutrition, hydration, hygiene or supervision
• Financial exploitation
• Improper use of physical or chemical restraints

Warning Signs of Nursing Home Neglect and Abuse

Residents may not report mistreatment because of illness, memory loss, fear or embarrassment, so families often notice the signs first:

• Bedsores (pressure injuries) or untreated wounds
• Falls, especially repeated falls, or fractures, sprains or dislocations without a clear explanation
• Dehydration, malnutrition or unusual weight loss
• Medication errors, such as missed doses, wrong medications, overmedication or undermedication
• Unexplained bruises, welts, burns or marks consistent with restraints
• Being left soiled or unbathed, soiled bedding, or unsanitary or unsafe living conditions
• Sudden changes in mood or behavior, withdrawal or fear of a caregiver
• Staff who refuse to let you visit the resident alone
• Missing money or belongings, unusual account withdrawals, or sudden changes to wills, powers of attorney or financial documents
• Evasive answers to questions about care, or signs of too few staff

Not every injury means neglect, and some conditions develop despite good care. The records usually show whether the facility did what it should have done.

How to Report Suspected Abuse or Neglect

You can also tell the facility administrator in writing and keep a copy. Under the Act, any person may report a violation of the abuse and neglect prohibition to IDPH, and facility employees or agents who become aware of abuse or neglect must immediately report it to IDPH and the facility administrator (210 ILCS 45/3-610(a)). IDPH must investigate abuse or neglect complaints within 7 days, or within 24 hours if a resident's life or safety is in imminent danger, and other complaints within 30 days (210 ILCS 45/3-702(d)). Keep notes of dates, names and what you saw, and take photographs where you are allowed to.

Evidence in a Nursing Home Case

These cases are built on records. Important evidence often includes the resident's chart, care plans and assessments, medication administration records, nursing notes, incident reports, staffing records, and photographs. Each facility must keep its IDPH inspection reports available for public inspection (210 ILCS 45/3-210), and survey reports are also available from IDPH. Hospital records from after a transfer can also show what happened. We request and review these records early.

Deadlines and Wrongful Death

Most nursing home claims must be filed within two years (735 ILCS 5/13-202). Claims against an individual physician, registered nurse or hospital follow the medical deadline, which also has a four-year outer limit (735 ILCS 5/13-212). Claims against a county-run home can have a deadline as short as one year (745 ILCS 10/8-101), so assume one year if the home is run by a county or other local public body. If a resident lacked legal capacity when the injury happened, Illinois law may extend the deadline (735 ILCS 5/13-211). The extension is narrow and its effect after a resident's death is unsettled, so families should not rely on it.

If a resident dies, the family's claim is a wrongful death claim, generally due within two years after the death (740 ILCS 180/2(d)), and claims the resident had before death may continue under the Survival Act (755 ILCS 5/27-6). See our wrongful death page, our guide to Illinois personal injury deadlines and our Illinois injury deadlines at a glance table.

How We Help Families

We listen to what you have seen, help you report concerns to the proper authorities, request the resident's records, and evaluate claims against the facility and any responsible employees or companies. Nursing home claims are handled on a contingency fee: no fee unless we win. If we do not recover money, you owe nothing: no attorney fee and no case costs. See how personal injury attorney fees work, how much an injury case is worth, and our injury case timeline.

Related Pages

See our personal injury overview and medical malpractice page.

Our county pages explain where injury cases are filed: Cook County, Lake County, DuPage County, Kane County and McHenry County.

Frequently Asked Questions

Can you sue a nursing home in Illinois for neglect?

Yes, in many cases. Under the Nursing Home Care Act, the owner and licensee of a covered facility are liable to a resident for intentional or negligent acts or omissions of their agents or employees that injure the resident (210 ILCS 45/3-601). A licensee must also pay actual damages, costs and attorney's fees when a resident's rights under the Act are violated (210 ILCS 45/3-602).

What are common signs of nursing home neglect?

Common signs include bedsores, falls or unexplained fractures, dehydration or weight loss, medication errors, poor hygiene, unexplained bruises or restraint marks, sudden behavior changes, and missing money or belongings. Not every injury means neglect; the records usually show whether the facility met its obligations.

How do I report nursing home abuse in Illinois?

In an emergency, call 911. Otherwise, file a complaint with the Illinois Department of Public Health, which licenses nursing homes and investigates complaints, by its toll-free complaint hotline (shown in the Report to the State box on this page) or online. Under the Act, any person may report suspected abuse or neglect to IDPH (210 ILCS 45/3-610), and IDPH must investigate abuse or neglect complaints within 7 days, or within 24 hours if a resident is in imminent danger (210 ILCS 45/3-702(d)).

Does an arbitration agreement signed at admission stop a lawsuit?

It may affect where some claims are decided. The Illinois Supreme Court has held that where the Federal Arbitration Act applies, it overrides the Act's ban on waivers as to arbitration agreements (Carter v. SSC Odin Operating Co., 237 Ill. 2d 30 (2010)). In the same case, the court later held that the resident's own claims could be sent to arbitration but the family's wrongful death claim could not (Carter v. SSC Odin Operating Co., 2012 IL 113204). Certified facilities may not require an arbitration agreement for admission, and residents have 30 days to cancel one (42 C.F.R. 483.70(m)).

Can the family file a claim if the resident died?

Yes. The family's claim is a wrongful death claim brought by the personal representative, generally within two years after the death (740 ILCS 180/2(d)), and claims the resident had before death may continue under the Survival Act (755 ILCS 5/27-6).

Talk to Our Team

Stavros Law Offices is one team handling criminal defense and DUI, personal injury and civil litigation. We review nursing home neglect and abuse claims for families in our service area from our Wheeling office. Call (847) 520-4810 or request a free consultation online. Available 24/7 by phone at (847) 520-4810. Leave a message after hours and calls are returned promptly. Our bilingual staff can assist. Se habla español.

Stavros Law Offices
433 N. Milwaukee Ave, Wheeling, IL 60090
(847) 520-4810
Monday–Friday 9–5; closed Saturday
Free consultation. Serving clients in Cook, Lake, McHenry, Kane and DuPage Counties.

General information, not legal advice; no attorney-client relationship is formed until the firm is engaged. Past results do not guarantee a similar outcome. Laws, deadlines and court procedures change and every case is different. Last reviewed: October 2026.