Written by Deciding to pursue legal action against a nursing home is one of the most consequential decisions a family can make. If a loved one was harmed by abuse, neglect, or substandard care in an Illinois long-term care facility, the law provides a private right of action — but the process involves several distinct steps, each with its own requirements and deadlines. Understanding how to sue a nursing home in Illinois gives families a realistic picture of what to expect before they retain an attorney and begin the case.
This article provides general legal information; consult a licensed Illinois attorney for advice specific to your situation.
Step 1: Request the Resident’s Medical and Facility Records
The foundation of any nursing home case is the documentary record. Under 210 ILCS 45/3-208, a nursing home must provide a resident or their authorized representative with a copy of the resident’s records within 30 days of a written request. These records include nursing notes, care plans, medication administration records, incident reports, physician orders, and any documentation related to the event that caused the harm.
Request records in writing and keep a copy of your request with the date sent. If the facility delays beyond 30 days or provides an incomplete set of records, that failure can itself be relevant evidence and may be reported to the Illinois Department of Public Health (IDPH). Obtaining records early is essential because electronic systems can be overwritten and paper records can be lost, particularly after ownership changes or corporate restructuring.
Step 2: Consult an Attorney and Investigate the Claim
Illinois nursing home litigation is legally and factually complex. An experienced attorney will review the records obtained in Step 1 alongside relevant IDPH inspection reports, staffing data, and facility policies. The attorney will identify whether the claim sounds primarily in statutory nursing home neglect under 210 ILCS 45/3-601 (the Nursing Home Care Act’s private right of action), common-law negligence, or both.
The Nursing Home Care Act’s private right-of-action provision at 210 ILCS 45/3-602 is particularly important because it allows a prevailing plaintiff to recover attorney fees and costs — a provision that incentivizes attorneys to take meritorious cases and holds facilities accountable beyond the damages themselves. For guidance on selecting and working with legal counsel, see our resource on hiring a personal injury lawyer in Illinois.
Step 3: The Healing-Art Affidavit Requirement
If the nursing home lawsuit includes claims that overlap with medical negligence — for example, a physician or licensed nurse practitioner employed by the facility provided care that fell below the standard of care — Illinois law imposes an additional procedural requirement. Under 735 ILCS 5/2-622, a plaintiff asserting a healing-art malpractice claim must attach to the complaint an affidavit from the filing attorney stating that a qualified health professional has reviewed the case and concluded there is a reasonable and meritorious basis for the claim.
A written report from that health professional must be attached or filed within 90 days of the complaint. Failure to comply with Section 2-622 can result in dismissal of the affected claims. Not every nursing home case triggers this requirement — claims based on staffing failures, falls from poor supervision, or elopement may be grounded in ordinary negligence rather than healing-art malpractice — but the distinction is not always obvious, and an attorney will analyze which claims are implicated.
Step 4: File the Lawsuit Within the Statute of Limitations
Illinois imposes a two-year statute of limitations for personal injury claims under 735 ILCS 5/13-202. This clock generally begins running from the date of the injury or, in some circumstances, from the date the injury was discovered or reasonably should have been discovered. Missing the deadline typically bars the claim entirely regardless of its merits.
It is also important to understand the distinction between a survival action and a wrongful-death claim when the resident has died. A survival action, brought under the Illinois Survival Act, pursues damages the resident personally suffered — pain, suffering, medical bills — and is brought on behalf of the estate. A wrongful-death action under the Illinois Wrongful Death Act compensates the next of kin for their loss. Both claims can often be pursued simultaneously in the same lawsuit, but each has its own legal requirements and damages calculation. An attorney will structure the complaint to preserve both where appropriate.
Step 5: Discovery and the Role of IDPH Records
Once the lawsuit is filed, both sides engage in formal discovery — the structured exchange of information and documents before trial. In nursing home cases, discovery typically includes depositions of nursing staff, administrators, and attending physicians; interrogatories about staffing levels and policy compliance; and requests for documents including corporate communications, prior incident reports, and training records.
IDPH inspection records are a particularly valuable source of evidence. These records, known as survey reports or statement-of-deficiencies forms, document every deficiency the state identified during routine or complaint-driven inspections. A history of deficiencies in the same area at issue in the lawsuit — repeated falls, elopement incidents, understaffing — can establish that the facility was on notice of a systemic problem and failed to correct it. These records are generally publicly available and can be obtained from IDPH directly or through the CMS Care Compare website.
Step 6: Trial or Settlement
The majority of nursing home cases are resolved before trial through settlement negotiations, mediation, or case evaluation. Settlement can provide compensation for medical expenses, pain and suffering, funeral costs (in wrongful-death cases), and other damages without the uncertainty and length of a jury trial. However, settlement is not always in the family’s best interest, and a case should proceed to trial if a fair offer cannot be reached.
At trial, the plaintiff must prove by a preponderance of the evidence that the facility’s negligence or statutory violation caused the resident’s harm. Expert witnesses — typically a nursing home administrator, a registered nurse with long-term care experience, or a physician — will testify about the applicable standard of care and how the facility’s conduct fell short. The jury will then determine the amount of any damages. Under 210 ILCS 45/3-602, a prevailing plaintiff in a Nursing Home Care Act case is entitled to attorney fees, which can be an important factor in case economics.
Talk to a Chicago Attorney — Free Consultation
If you believe a family member was harmed through nursing home abuse or neglect, the attorneys at Phillips Law Offices are here to help you understand your legal options. Call (312) 346-4262 or contact us online for a free, no-obligation consultation.