Peoria, IL asked in Nursing Home Abuse for Illinois

Q: I feel like my Mom is not being treated very well in her nursing home but my brother doesn't want to make waves.

Can he stop me from suing them?

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1 Lawyer Answer
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
Answered
  • Nursing Home Abuse Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: Your brother and your other siblings would have the same standing to file a lawsuit against a nursing home for injuries or death to a resident assuming a few facts not given here. For one, is your mother's husband alive and well? Is your mother of sound mind and memory, not adjudicated a disabled person and not deemed to be incompetent by a treating physician? Do you or someone else possess a power of attorney for property and/or healthcare for your mother should she be deemed incompetent? In other words, if your mother is of sound mind, she is one to bring a lawsuit for her injuries. But nevertheless, the ultimate question here must be what is your mother's injury due to what you have described as "her not being treated very well?" If she's not injured in some way, a lawsuit for bad treatment wouldn't really be advisable. A complaint to Illinois Department of Health and Human Services would make a lot more sense and you can do that very easily on your own by going to the department's website on instructions.

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