Nursing Home Negligence Lawsuits in Illinois
Provided by HG.org
In Illinois, many families decide to place their loved ones in a nursing home for care and treatment. This is a way for family members to leave their loved ones in the hands of professionals who have a background in caregiving. While many residents do receive the quality of care their families expect, some do not. Due to overstaffing, lack of training and other factors, nursing home residents may be neglected.
When neglect is present, nursing home residents may sustain serious injuries. They may fall and break a hip or bone. In serious incidences, they may even die. Understanding what nursing home negligence lawsuits are can help a loved one understand his or her legal rights and options.
Negligence occurs when a defendant does not meet the standard of care that it is required to under the law or the contract that it signs with the nursing home resident or their loved ones. Nursing homes can be held liable for intentional acts that it or its employees commit. They can also be held liable for omissions that cause injuries to residents.
Nursing homes and their employees are required to provide care and protection to the residents. If they fail to provide this care, it can potentially be held liable for the harm that befalls the resident. Nursing homes must exercise the degree of care and skill that are customarily used by other nursing homes in the same area and under the same circumstances.
In order for a nursing home resident or his or her loved one to receive compensation from a nursing home negligence lawsuit, he or she must establish certain elements by a preponderance of the evidence. First, he or she must establish what the nursing home’s duties are to the resident who was injured. Then, he or she must show how the nursing home did not comply with this legal responsibility through some action or lack of action. Additionally, he or she must establish a connection between the nursing home’s breach of the duty of care and the injuries that the nursing home resident sustained. Finally, he or she must establish that the nursing home resident suffered some type of harm. The nursing home resident may have fallen and suffered an injury that required medical treatment. If the nursing home resident or his or her loved one can establish these elements, he or she may be able to receive monetary compensation for the damages that the victim sustained.
Expert Witnesses in Nursing Home Negligence Cases
Lawsuits against nursing homes often require expert testimony. An expert witness may be able to explain the standard of care that was required under the circumstances. He or she may testify about actions that the nursing home should or should not have taken under the circumstances. He or she may define the duties that the nursing home had and how the nursing home deviated from the standard of care. He or she may also be able to explain how injuries may have occurred.
Because many people in a nursing home are elderly and have various medical conditions, it is not uncommon for them to die in the home. An expert witness may need to show that the death was preventable or would not have occurred if the nursing home had provided the proper standard of care. Expert witnesses may also be able to explain a relationship between infection and death.
A physician may serve as an expert witness. He or she may explain the duties the nursing home had and what the staff should have done under the circumstances to avoid the nursing home resident’s injury or death.
Contact a Nursing Home Negligence Lawyer for Assistance
Leaving a loved one in a nursing home is often a difficult decision that is made after much thought and consideration. When you have a loved one in a long-term care facility, you expect that he or she will be properly cared for. However, nursing home abuse and neglect is unfortunately very common. A lawsuit against a negligent nursing home can help hold it responsible so that other residents are not injured in the same way in the future.
If you have a loved one who was injured in a nursing home due to abuse or neglect, you may be able to bring a lawsuit against the nursing home. You may be entitled to monetary compensation for additional medical expenses that the negligence caused, mental anguish, pain and suffering and other damages your loved one suffered. An experienced personal injury lawyer can evaluate the circumstances of a claim and help explore possible options.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.