Claims for Failure to Provide Appropriate Medical Care

 Posted on April 07, 2023 in Neglect

Nursing homes help residents with everyday needs like bathing and eating. However, nursing home staff are also expected to provide medical care, if needed. When they fail to provide appropriate medical care, or when there is a delay in providing such care, the resident or the resident's surviving family may be able to file a claim against the facility and recover compensation for damages. A successful claim requires evidence that the nursing home staff failed in their duty of care towards the resident and that this failure caused an injury or illness.

When is a Nursing Home Required to Provide Medical Treatment?

Nursing home staff are primarily responsible for routine medical needs such as administering medication and helping with daily living tasks. If a resident requires immediate emergency medical care or has medical needs above and beyond the facility's capabilities, the nursing home must secure the appropriate treatment for the resident. This may require ambulance transportation to a hospital.

Failure to Provide Medical Treatment or Delay in Providing Treatment

If a nursing home fails to provide medical treatment or take the steps needed to secure additional care, then the facility may be held liable for negligence. Medical negligence can also occur when a nursing home fails to recognize the signs of a serious medical condition. For example, if staff do not recognize signs of a stroke, the resident may not receive the help he or she needs in a timely manner, resulting in brain damage or death.

Common Examples of Negligence Claims Against Nursing Homes

Common examples of negligence claims against nursing homes include:

• Failure to recognize and treat medical conditions such as bedsores, infections, or dehydration

• Failure to follow doctor's orders regarding medical care

• Delay in providing medical treatment

• Failure to provide necessary medications

• Inadequate supervision of residents

• Failure to respond to complaints of resident complaints or symptoms

Seeking Damages for Nursing Home Negligence Claims

If negligence on the part of the nursing home staff caused injury or illness, then the resident or the resident's surviving family may be able to seek damages for medical expenses, pain and suffering, emotional distress, and other damages. It is important to speak with an experienced attorney who understands nursing home negligence and can help ensure that your rights are protected throughout the legal process.

Contact our Cook County Nursing Home Neglect Lawyers

If you or a family member suffered injury or illness because of a nursing home's failure to provide medical care, contact our Chicago nursing home injury attorneys for help. We can evaluate your case and help you determine whether you may be entitled to compensation for your losses. Our firm has extensive experience handling nursing home negligence cases, and we will fight aggressively to protect your rights. Contact us today for a free initial consultation.

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1225&ChapterID=21