A 93 year-old nursing home resident, suffering from Alzheimer’s disease and who was wheelchair bound, was sitting near the front door of the nursing home when a visitor wheeled him to the outside of the home and left him there unattended. No one noticed. Later, the 93 year-old gentleman rolled down a hill in his wheelchair and fell into a ditch near the side of the road. He wasn’t discovered until hours later. The Illinois nursing home negligence case resulting from this occurrence is Binning v. East Bank Center, Ill. Winnebago Co. Cir. No. 09 L 216 (June 2010)
Russell Binning, suffered fatal injuries as a result of his fall as a result of the nursing home’s negligence. He was survived by his wife and two adult sons.
The Binning family brought an Illinois nursing home malpractice lawsuit against the nursing home under the Illinois Nursing Home Care Act where it was alleged that the nursing home facility had chosen not to
(1) properly monitor and supervise the nursing home resident; (2) had chosen not to properly control activity near the nursing home’s front entrance; and (3) chose not to warn others not to assist residents without permission.
The lawsuit also contended that the nursing home did not take necessary steps to ensure Mr. Binning’s safety and prevent him from leaving the nursing home facility unescorted. Apparently, no one was on watch to make sure that residents did not wander off the property. The Illinois Nursing Home Care Act, 210 ILCS 45/1-101, et seq., sets forth the rights of long term care facility residents and the responsibilities of long term care facilities. The Act also importantly provides for extensive protections for residents, relatives and friends of residents to assure quality nursing home care.
After a mediation, the nursing home negligence case was settled.
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