Can I Sue a Nursing Home for Wrongful Death in Illinois?

 Posted on April 14, 2021 in Neglect

According to the Stanford School of Medicine, about 20 percent of Americans pass away in nursing homes. While death is not uncommon in nursing homes, there are some instances in which a resident’s death is directly caused by nursing home negligence. If substandard medical care, poor living conditions, medical mistakes, neglect, or abuse causes a nursing home resident to die prematurely, the nursing home may be liable in a wrongful death lawsuit. The surviving loved ones may be entitled to compensation for economic damages such as funeral and medical costs as well as non-economic damages including their grief and loss of companionship.  

What is a Wrongful Death in a Nursing Home?

The loss of a parent, grandparent, or other loved one can be devastating regardless of the circumstances. However, some deaths are classified by Illinois law as “wrongful.” A wrongful occurs when:

• A person’s death is caused by wrongful act, negligence, or negligent failure to act and

• If the person had survived, he or she would have been entitled to file an injury claim and recover damages

A wrongful death claim can be thought of as a personal injury claim that is brought by a representative acting on the deceased person’s behalf. In Illinois, wrongful death claims may only be filed by the representative of the deceased person’s estate. This person may be designated in the deceased person’s will or appointed by the court.

What Are Some Examples of Situation That Can Cause Wrongful Death?

Wrongful death in a nursing home occurs when a nursing home fails to meet the accepted standard of care and this failure results in the resident’s death. Some examples of situations that may result in the wrongful death of a resident include:

• Failure to maintain a reasonably hygienic facility resulting in a deadly infection

• Failure to adequately vet nursing home staff for a history of nursing home neglect or abuse

• Medication mistakes including administering the wrong dose of medication or mixing up a resident’s medications

• Failure to recognize and properly treat medical conditions

• Lack of supervision resulting in fatal wandering or elopement

• Failure to prevent an avoidable fall accident

• Dropping a resident while transferring him or her from a bed or wheelchair

• Failure to keep the facility free of hazards that may endanger residents

Contact a Cook County Nursing Home Negligence Lawyer

A nursing home wrongful death claim cannot bring back your loved one. It may, however, hold the nursing home answerable for your tragic loss and discourage similar conduct in the future. A nursing home wrongful death claim may also allow you to recover monetary compensation for funeral and burial costs, medical bills, and other damages. To learn more, contact a compassionate, knowledgeable Chicago nursing home death attorney at Schwartz Injury Law. Call at 312-535-4625 for a confidential consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57

https://palliative.stanford.edu/home-hospice-home-care-of-the-dying-patient/where-do-americans-die/