Illinois has a specific statute that covers wrongful death lawsuits. The Illinois Wrongful Death Act (740 ILCS 180.01, et seq.) allows claims of the next of kin where a person dies as a result of the conduct of another individual or entity. Many wrongful death cases unfortunately involve nursing home abuse or neglect of a resident, usually an elderly person. Too often the death of an elderly resident in a nursing home is caused by negligent nurse’s aides, nurses, certified nurse assistants or other nursing aides in the nursing home. There are other causes of nursing home wrongful deaths that include understaffing, wandering, falls, mistaken prescriptions and drug use, as well as just plain neglect. Nursing home residents are commonly the victims of bed sores that become infected, which unfortunately causes death in many cases because of the onset of sepsis.
In addition, Illinois is governed by the Illinois Nursing Care Act (210 ILCS 45/1-101, et seq.) which in conjunction with the Illinois Wrongful Death Act are the legal tools for bringing a lawsuit against the owners of the nursing home and its personnel who are responsible for the death of a resident.
In Illinois, the real parties in interest are loved ones, spouses, the children, the life partners and any other party who is dependent on a nursing home resident who has died unnecessarily by the negligence of a nursing home practice or its personnel.
Nursing home abuse causing death can arise from a lack of supervision and a fall, an infectious process caused by bed sores, dehydration and inattention to the medical needs of a resident.
Every nursing home case is unique to the person who is exposed to the negligence and abuse of nursing home employees, nurses and administrators. Owners of nursing homes must be held responsible for these acts of neglect and negligence. The elderly and often vulnerable residents of an Illinois nursing facility simply need competent medical assistance and protection. Too often these residents are abused, neglected and injured unnecessarily, many times resulting in untimely deaths.
In one recently reported case, an elderly man was admitted to a nursing home to rehabilitate after he had knee surgery. While he was undergoing physical therapy, the man reported shortness of breath. The nurse on duty provided oxygen, but did not call in a physician to examine the man. Over the next couple of days, the man’s breathing became more labored. He was seen to be sweating regularly and his skin color turned gray-toned. Finally, one of the nursing home nurses called the man’s primary care physician who ordered a test that could rule out a blood clot. However, in this case, before the test could be done, the man collapsed and died from a pulmonary embolism. The family sued the nursing home. After a jury trial, a wrongful death verdict was entered in favor of the family, the man’s wife and four adult children, and against the nursing home for over $1 million.
In another case, our client’s husband, afflicted with severe dementia was admitted to a nursing home who claimed to specialize in the special care required of those suffering from dementia. But it became clear after later reviewing the nursing home records, that this facility was far from experienced in handling dementia patients. The client’s husband had experienced many occasions of wandering without supervision, unguarded falls and finally a fall that severely injured him. A lawsuit against this nursing home claiming damages for the man’s profound head injury caused by an unsupervised fall was later settled.
If you or a loved one has been wrongfully injured or killed in a nursing home, contact the experienced lawyers at Chicago’s Kreisman Law Offices.
Robert Kreisman of Kreisman Law Offices has been handling Chicago and Illinois nursing home abuse cases for more than 40 years. Kreisman Law Offices has prevailed in trials and settlements in Chicago, Illinois and surrounding communities and has successfully resolved cases for those injured or abused in nursing homes for these many years.
With our years of experience in trying and settling nursing home abuse cases, Kreisman Law Offices provides the best possible services to our clients and have achieved unsurpassed results. Our service is unmatched. Please call us 24 hours a day at 312.346.0045 or toll free 800.583.8002 for a free and immediate consultation, or complete a contact form online.