You trusted them with your mother. Your father. Someone who couldn't protect themselves.
They came home different. Changed in ways that shouldn't happen. That wouldn't have happened if someone had actually cared enough to do their job.
I'm Scott DeSalvo. I've spent close to thirty years taking on insurance companies and corporations that hurt people. And I want to be straight with you right from the start: when it comes to nursing home cases, the system is stacked against families. It's not an accident. It's by design.
Nursing homes run on razor-thin margins because ownership—usually some corporate entity you've never heard of, or a private equity firm—demands profit. They demand extraction. And that extraction comes directly out of your mother's or father's care. Out of their dignity. Out of their health.
The staffing numbers get slashed. The supplies budget gets cut. The training protocols disappear. And when a resident suffers—when they develop pressure sores, when they fall, when they get an infection that could have been prevented with basic attention—the facility acts shocked. Devastated. They'll tell you it's unfortunate. Unavoidable. They'll blame your family member. They'll blame bad luck.
That's a lie. And I've seen it enough times to know exactly what the truth looks like.
I take these cases on contingency. You pay nothing unless we win. My fee comes out of the recovery—that's it. Call me at 312-500-4500. Any hour. Let me explain how these cases actually work, and what happens when someone finally holds these facilities accountable.
The thing that makes nursing home cases so difficult is that the harm is almost never obvious at first.
With abuse, there's sometimes a moment—someone sees a bruise, hears a scream, catches something on a camera. There's a flashpoint. But neglect? Neglect is a slow unraveling. It's a resident who stops eating because meals are being skipped. It's a person who can't walk anymore because nobody's been helping them stay mobile. It's an infection that spirals because basic hygiene protocols got ditched in the name of profit. >>Learn More<<
The damage accumulates in ways that families don't always recognize until it's catastrophic.
Here's the legal distinction that matters, abuse is intentional conduct. Negligence is the failure to act. In nursing homes, the failure happens systematically. A resident should be repositioned every two hours—that's the standard of care, that's what prevents bedsores. If the medical records show positioning notes only once a day, or not at all? That's neglect. It's a direct violation of the facility's duty. The resident suffers as a result. Damages follow.
But proving it requires understanding the medical record like you'd understand a map. You need experts who can testify: this resident needed X, the facility failed to provide X, and that failure caused Y harm.
The facility will argue—they always do—that the resident was already declining. That comorbidities made the neglect irrelevant. That the family member was combative or refused care. These are stock defenses. Insurance companies have scripts, and they deploy them like clockwork. The question is whether you have a lawyer who's heard those scripts a hundred times and knows exactly how to dismantle them.
I've tried enough cases to know what the medical evidence will show before we pull the files. The answer is always in the chart. You just have to know how to read it.
Documentation becomes everything. The absence of a note that should exist is damning. A care plan that exists on paper but isn't being followed? That's evidence of systemic failure. Hospital records that reveal what the nursing home should have caught but didn't? Gold.
Illinois has public inspection standards through the Department of Public Health. Facilities get cited for violations. Those citations become part of the public record. Pull an IDPH report and find that a facility was cited two years ago for understaffing—and then my client suffered from understaffing—there's your pattern. There's your evidence.
Causation is something the defense will attack relentlessly. They'll argue that the neglect didn't matter because the resident was terminal anyway. Sometimes there's a thread of truth in that argument. Most of the time? The medical evidence shows that proper care would have prevented the harm or extended the resident's life significantly. We use experts to draw those lines with precision.
Neglect cases live or die in the medical record. Without documentation of what should have happened and proof of what actually happened—or didn't happen—the case falls apart.
When we file a lawsuit for nursing home neglect, we're usually looking at multiple defendants. And understanding the corporate structure is how we make sure you recover from everyone responsible.
The facility operator. The entity that actually runs the place day to day. They hire staff. Set schedules. Decide whether the night shift has five nurses or two. They determine how much to spend on wound care supplies, incontinence products, food quality, rehabilitation equipment. If something costs money, they've already debated whether to cut it.
The parent company or holding company. Many facilities are owned by larger corporate structures that control multiple homes. These organizations set policy across the portfolio. They decide which facilities get investment and which ones are essentially milked for cash. They set staffing ratios that apply everywhere. When the policy itself creates dangerous conditions, the parent is liable.
Private equity firms. This is where things get deeply ugly. Private equity buys nursing home chains specifically to extract value—to cut costs, refinance debt against assets, and reduce operating expenses to pump up profit. These firms have never worked in healthcare. They don't care about outcomes. They care about IRR and cash flow. They make decisions in conference rooms that directly cause suffering in patient rooms. And when a lawsuit comes, they suddenly claim they have no operational control. That they're just financial owners.
Individual nurses and aides. Technically, staff members who fail to provide care are also liable. But practically speaking, these are often the least valuable defendants because they carry minimal insurance and minimal personal assets. They're the ones actually screaming for help because they're drowning—fifteen residents per aide on the night shift, impossible ratios, no time to do the job right. The real money and the real responsibility live higher up the chain.
The medical director and overseeing physicians. If a doctor saw notes indicating a problem and didn't follow up. If a physician's orders were generic or inappropriate for the resident's condition. If a doctor should have caught something and didn't—they're on the hook too. What did they know? What should they have known?
Third-party management companies. Some chains outsource facility management. That management company can be liable for staffing failures and policy violations even though they don't technically own the building.
The calculus is strategic. When we file a complaint, we name everyone. That multiplies the insurance exposure. It expands the pool of money available to recover. It creates settlement pressure because now the facility's insurer, the parent company's insurer, and potentially the private equity firm's insurer all have skin in the game. Their lawyers are calling each other. Their adjusters are arguing about who pays what. That infighting is where families win.
It's not enough to prove one person failed. We prove systemic failure. Failure that traces back to decisions made for money, not for care.
I'm going to lay out the defense playbook, because it never changes. Facilities and their insurers follow the same script every single time.
They blame the family first. "If you had visited more, you would've caught it." "You didn't raise concerns in writing." "You consented to this level of care." None of this matters legally. But it's designed to make you feel guilty. Guilty people accept lower settlements. Guilty people get confused and question their own memory of how their mother looked. That's the entire purpose.
They blame the resident. "She had dementia and couldn't report problems." "He had multiple comorbidities." "She was declining anyway." Some of that might be partially true. Doesn't change the law. If you knowingly understaff, you're liable for what happens. A frail resident deserves more care, not less, not abandonment.
They claim the outcome was inevitable. "A pressure ulcer was going to develop regardless of what we did." "The fall was unavoidable given her age and condition." Pure speculation. The medical records tell a different story—they show what didn't happen.
They hide behind the absence of a smoking gun. "Nobody sent an email saying 'understaff the night shift to save money.'" Of course they didn't. Corporate owners aren't that stupid. But inspection reports, staffing schedules, census data, incident logs—that's the evidence. You just need someone who knows how to weave it into a narrative a jury can follow.
They drag and delay. Motion after motion. Frivolous objections to discovery. Depositions scheduled and rescheduled. The goal is attrition—to exhaust the family, to wear down the attorney, to hope that eventually everyone gives up. They're betting on fatigue.
They lowball. First offer comes in at maybe 15 or 20 percent of what the case is worth. They're hoping you'll grab it out of frustration or because you need the money now. They're counting on your attorney not being ready to actually try the case.
We fight this by knowing the law inside and out, by building cases so thoroughly that the evidence becomes inescapable, and by being genuinely ready to go to trial. When the defense team knows you've got three decades of litigation experience, fifty-plus jury trials, hundreds of arbitrations—they take you seriously. They don't try these games.
And when they realize you're not bluffing? Suddenly they're ready to talk.
Listen. I want to tell you something about my father.
When I was nine years old, he got catastrophically hurt at work. Teamster. Working cargo. The injury should never have happened—there were safety protocols that didn't get followed. But it did happen. And my dad faced what a lot of injured workers face: attorneys and insurance companies playing games, dragging out settlements, acting like a genuine injury was somehow his fault.
Seventeen years. It took seventeen years to get through the legal system. And at the end, after all that time, after my father's life had been torn apart, we found out that the attorney who represented him decided to sue my family for his fees. Sue us. The injured party. His own client.
That taught me what never to do. That taught me that when somebody's been hurt, when a family is vulnerable, when people are desperate for justice—that's exactly when an attorney needs to be worthy of trust.
I made a decision after that. I committed to being the kind of lawyer who actually shows up for people. Not the kind who extracts fees from vulnerable families. The kind who wins.
After that, I made sure I'd never be the kind of lawyer who lets a family down. I went through the Gerry Spence Trial Lawyers College—not a seminar, an actual intensive trial training program that costs hundreds of thousands of dollars. I trained at the Keenan Trial Institute. I've invested over $500,000 in specialized trial education because I wanted to be undeniably competent. Thirty-plus jury trials. Over a hundred arbitrations. Licensed since 1998. Three thousand-plus clients.
And that training matters. It matters because when you're up against a corporate nursing home chain and their insurance company, you need someone who's spent decades figuring out how to beat them.
Expert selection is a science. I know which nurse experts can handle brutal cross-examination. Which physicians can explain complex medical concepts in language that regular people understand. Which experts the defense will immediately try to discredit—and I don't use those. That one detail is the difference between winning and losing half the cases I touch.
Discovery strategy comes from experience. I know what documents to subpoena. Facility incident reports are incomplete. Hospital records tell the real story. Inspection reports become evidence. Staffing schedules contradict claims about adequate staffing. Financial records show the decisions that created the dangerous conditions. You have to know what to ask for and where to find it.
Trial readiness creates settlement pressure that money can't buy. Insurance companies know that if I'm not bluffing when I say we're going to jury. That knowledge changes their calculation. Most cases still settle. But they settle at fair numbers because both sides know I'm genuinely prepared.
And I know Illinois law cold. The Illinois Nursing Home Care Act—210 ILCS 45/—is different from standard negligence. It allows for attorney fees and costs on top of damages. Most lawyers don't understand how to weaponize this statute. I do. It means the facility might be paying our legal bills no matter what. Creates massive settlement pressure.
Experience doesn't just mean you've seen a lot of cases. It means you've learned what works and what doesn't. It means insurance companies can't bluff you. And it means families recover more money.
"Scott is absolutely fantastic. He will always go the extra mile for his clients. They always take the time to return phone calls at all hours and I highly recommend him to all my friends."
-Melissa Brooks
"Great people and Scott's a great lawyer. They helped me make the wisest decision for my case, and that's important in serious legal matters. I trust him completely. He is the one to call."
-Tony Skvarenina
"Beyond satisfied with the services I received from this law firm. Definitely recommend! They got me fully paid and all the doctor bills, too. If you want the best, this is the law firm for your injury case!"
-Cynthia Rodriguez
"Scott represented me and I was really pleased with everything, my car accident paid a lot and quick. If you want a good Lawyer who is responsive, and straight with you, I highly recommend him."
-Greg Garcia
When a nursing home's neglect causes harm in Illinois, several categories of recovery are available. Most families have absolutely no idea what they're entitled to.
Medical expenses caused by the neglect. Everything from the moment the neglect caused injury forward. Emergency care. Hospital admissions. Wound care. Medications. Additional nursing services. Rehabilitation. Imaging and diagnostics. Assistive equipment. If the resident died, funeral and burial expenses.
Pain and suffering. The physical pain from the injury, yes. But also the emotional trauma. A resident who develops a Stage 4 pressure ulcer is in real agony. A resident who falls and shatters their hip experiences severe pain and psychological injury. A resident who slowly declines from neglect experiences suffering. Illinois law recognizes that suffering as compensable.
Loss of enjoyment of life. A resident who could walk before the fall and can't walk after. The activities they used to do—gardening, walking the neighborhood, playing with grandchildren. Independence that gets stripped away. All of it has monetary value.
Lost wages, if applicable. If the resident was working before the incident, or if a family member had to leave their job to provide care afterward, those lost wages are recoverable.
Wrongful death damages. Under the Illinois Wrongful Death Act—740 ILCS 180/—if the resident died due to neglect, surviving family members can recover for the loss of companionship, guidance, and financial support. The amount varies based on relationship and the decedent's life expectancy.
Attorney fees and costs. This is crucial. Under the Illinois Nursing Home Care Act, if the claim involves a violation of the Act, the court can award attorney fees and costs on top of damages. That means the facility pays our legal bills in addition to paying you. It creates enormous settlement pressure because the insurer knows that fighting the case costs them money regardless of outcome.
Punitive damages. Rare, but available in egregious cases. If the facility knew about neglect and did nothing. If they tried to cover it up. If they acted with conscious disregard for resident safety. Punitive damages are designed to punish and deter. When they're available, they can transform the entire value of the case.
Here's what families always get wrong, they think about medical bills and funeral costs. That's the floor, not the ceiling. Pain and suffering, loss of enjoyment of life, attorney fees, the value of lost companionship—all of that multiplies the recovery dramatically. A case that looks like $100,000 in direct expenses might actually be worth $400,000 to $700,000 when properly valued.
Illinois law is generous to nursing home negligence claimants—if you have a lawyer who knows how to use it.
If you think your loved one has suffered from nursing home neglect—anywhere in Illinois—we need to talk.
Here's what I do. You call. I listen. You tell me what happened. I ask questions. I give you my honest assessment of whether we have a case and what it might be worth. No pressure. No sales pitch. Just straight talk.
If we're a good fit, we get started immediately. I take these cases on contingency. That means you pay nothing unless we win. My fee is a percentage of the recovery—that's it. No billing surprises. No conflict over my interests versus yours. We win or we lose together.
Once we're hired, I move fast. I start preserving evidence immediately. Medical records go into our file. We request IDPH inspection reports—they're public. We pull incident reports. If the resident was hospitalized, those records are critical. Hospital doctors often see things the nursing home should have caught, and those observations end up in the medical record. I document everything while the evidence is fresh.
Then I bring in experts. Nursing experts who testify about what should have been done and what actually was done. Physicians who can explain the causation—how the neglect caused the harm. Life care planners who calculate the future costs of ongoing injury. Economic experts who quantify lost earnings.
We investigate the corporate structure. I pull financial records. We look at staffing patterns. I subpoena IDPH inspection reports and prior violation histories. If the parent company or private equity owner deliberately cut staffing to maximize profit, that evidence gets documented. If there are prior complaints from other families, those become part of the story.
And when we're ready, we negotiate. We lay out what we have. We make the case clearly. We push until the number on the table reflects what actually happened.
If they won't come correct, we try it. I've been to trial more than fifty times. I know how to prepare a case so thoroughly that the evidence speaks for itself. The other side knows that. Usually, that's what gets them to the table.
Law Office of Scott D. DeSalvo, LLC
1000 Jorie Boulevard, Suite 204, Oak Brook, Illinois 60523
312-500-4500 — 24/7/365
You pay nothing unless we win.
Q: What should I do if I have a Nursing Home Abuse case in Illinois?
Contact Scott DeSalvo immediately at 312-500-4500 for a free consultation. No fee unless we win.
Q: How much does a Nursing Home Abuse attorney cost in Illinois?
Nothing unless we win. Free consultation 24/7. Call 312-500-4500.
Q: What if the facility claims my mother was combative or refused care?
That's the standard defense. It's what they always claim. And yes, sometimes residents do refuse care—but the medical record should document that. If your mother refused to eat, there should be notes about attempts to encourage intake, dietary modifications, feeding assistance. If the chart is silent on all that—if it just says "refusing intake" and leaves it at that—that's not genuine refusal. That's neglect. The facility's duty is to provide care despite resistance, to document efforts, to involve physicians when concerns exist. If they didn't do those things, the "refusal" excuse collapses.
Q: Who can be held liable for my father's neglect?
The facility operator, the parent company, the corporate chain, the private equity owner if there is one, the medical director, any overseeing physician, and potentially third-party management companies. We investigate the whole structure. Private equity owners especially love to claim they have no operational control—they just own the financial interest, they say. But in a well-tried case, that argument falls apart. Their financial decisions directly caused the neglect. We pursue everyone who's responsible.
Q: How long do I have to file a claim?
For a living resident, two years from the date of the neglectful act or from when the neglect was discovered. For wrongful death, the claim must be filed within one year of death, though different family members have different deadline rules. For minors, the clock extends. The rules are complicated enough that you shouldn't wait. Every day that passes is another day evidence disappears. Call us immediately if you suspect anything.
Q: What does the Illinois Nursing Home Care Act do for my case?
The Nursing Home Care Act—210 ILCS 45/—gives residents a private right of action separate from standard negligence claims. The major advantage: if the claim involves a violation of the Act, courts can award attorney fees and costs on top of damages. Meaning the facility pays our legal bills in addition to paying you. This creates massive settlement pressure because the insurer knows that fighting the case is expensive regardless. The Act also gives us access to IDPH reports and violations—powerful evidence of systemic problems.
Q: How much is my case worth?
Depends entirely on the specific facts. Medical expenses caused by the neglect. The resident's pain and suffering. Lost wages if applicable. Loss of enjoyment of life. If the resident died, wrongful death damages. If the facility acted with conscious disregard, punitive damages. The severity of injury matters enormously—a Stage 2 pressure ulcer is worth significantly less than a Stage 4. The resident's age matters. Life expectancy matters. How much insurance is available matters. A case that looks like $100,000 in medical bills can be worth $400,000 to $600,000 once you properly value non-economic damages. The only way to know is to talk to someone who's done this hundreds of times.
Q: What should I do if I suspect neglect right now?
First: document everything. Photos of your mother or father's condition. Save emails, text messages, any correspondence with the facility. If you kept a journal noting decline—weight loss, wounds appearing, mood changes—keep it. Ask the medical records department for the complete medical record. Write to them in email so you have proof of the request. Request IDPH inspection reports online—they're public record. Request incident reports. If your loved one got hospitalized, obtain those records too. Hospital records often reveal what the nursing home should have caught. And call us at 312-500-4500. We'll tell you exactly what you're looking at and what comes next.
Q: What's your fee structure?
Contingency. You pay nothing unless we recover money. If we settle your case or win at trial, my fee is 33⅓% of the recovery. If the case is particularly complex or goes to trial, it can be up to 40%. You never get a bill from me. Court costs and expert fees come out of the recovery, not your personal bank account. If we don't win, you don't owe me anything. Period.
Q: Will this go to trial?
Most cases settle. But whether yours settles depends on whether the insurance company puts a fair number on the table. When we can prove liability and damages clearly, and when they know we're genuinely prepared to try the case, they usually decide to settle. I've tried well over fifty cases. I've got the training, the courtroom experience, and the trial record. The other side knows that. Usually that's what gets them to stop playing games and settle fairly.
>> Return to Medical Negligence
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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