Can I Sue a Nursing Home After My Loved One Was Harmed by Another Resident?

 Posted on August 31, 2020 in Nursing Home Abuse

When we think of nursing home abuse, we typically think of abuse at the hands of the nursing home staff. However, vulnerable nursing home residents are also at risk of being harmed by other residents. A nursing home resident may attack another resident due to malevolence, or, much more commonly, because he or she suffers from a cognitive illness that makes him or her confused, angry, and afraid. If your loved one was physically harmed or sexually assaulted by another resident while living in a nursing home, you may wonder what your legal options are. In some cases, a nursing home may be liable for resident injuries or deaths caused by the actions of another resident. A nursing home injury claim may enable you to hold the nursing home responsible for its negligence as well as recover compensation.

Nursing Home Staff Have a Duty to Prevent Resident-On-Resident Violence

Nurses, nurse’s aides, and other nursing home workers have a legal obligation to prevent foreseeable resident injuries. Although not every resident injury can be prevented, nursing home staff must make the facility as safe as possible. This includes adequately supervising residents. If a resident has a history of lashing out physically at staff, residents, or visitors, staff should carefully monitor his or her behavior. If a resident shows signs of aggression that may develop into violence toward other residents, he or she should be removed from the situation and given time to cool off. Many instances of resident-on-resident violence are the result of understaffing and inadequate staff training. Nursing home staff may fail to address violence or resident injuries caused by violence because they are too busy with other tasks. Examples of nursing home negligence such as these are in violation of the Illinois Nursing Home Care Act and other legislation.

Damages in a Nursing Home Injury Claim Involving Injuries Caused by Another Resident

The term “damages” is used to refer to the financial compensation awarded to a plaintiff in a personal injury claim. Often, nursing home injury claims are brought on behalf of the resident by a child or other loved one. Through a nursing home injury claim, you may be entitled to compensation for your loved one’s medical bills, pain and suffering, and mental anguish caused by the attack. If your loved one died in an incident involving resident-on-resident violence, you may also be entitled to compensation for your own losses.

Contact a Chicago Nursing Home Injury Lawyer

If you suspect that nursing home negligence led to your loved one’s injury or death, contact Schwartz Injury Law for help. Call our office at 312-535-4625 and schedule a free consultation with one of our skilled Cook County nursing home negligence attorneys.

Sources:

https://theconversation.com/violence-between-residents-in-nursing-homes-can-lead-to-death-and-demands-our-attention-87087