How To Proceed with a Wrongful Death Claim Caused by Nursing Home Neglect or Abuse 

 Posted on October 06, 2022 in Nursing Home Abuse

As their loved ones grow older and lose the ability to take care of themselves, a family may decide the best course of action is to move their loved one into a nursing home facility. When families make difficult decisions such as this, they expect, at the very least, that the facility they are moved into is a safe and caring environment that will adequately take care of the family member they love dearly.

Substandard care in a nursing home facility is any family member's worst nightmare. Further unconscionable is the prospect of a family member dying because of the care they did or did not receive. If you believe your loved one suffered a wrongful death in a nursing home facility, consider contacting a lawyer with experience in nursing home abuse and neglect to understand your rights and the options you have moving forward.

What Constitutes a Wrongful Death in a Nursing Home?

Wrongful death in a nursing home means that your loved one would likely still be alive today had they received proper care and were not subject to neglect or abuse. It is excruciating to lose your loved one under any circumstances. This is especially true if you suspect their death was hastened by the immoral conduct of another person or healthcare facility. 

Under Illinois law, the Nursing Home Care Act states that abuse involves any physical or mental injury other than by accidental means in a healthcare facility. Suffering a wrongful death in a nursing home can stem from various causes. Here are a handful of common reasons for wrongful deaths in nursing homes:

• Falls - The bones of the elderly are far more fragile than people of other age groups. It is especially easy for an older person to suffer a premature death because of falling. Severe bone fractures and head injuries from falling can cause death in elderly patients. 
• Choking – Elderly patients are more likely to have conditions that make choking more prevalent. Patients with no teeth or dentures are also at a higher risk of choking. Exacerbating this problem are widespread staffing shortages in nursing home facilities. Less staff means fewer people to monitor when nursing home residents are eating. This lack of monitoring can lead to more choking occurrences. 
• Assault – Elderly patients are among the most vulnerable members of our society. Elder abuse in the form of physical assault by staff or other residents can lead to premature death. 
• Medication errors – Errors made by nursing home staff members, like mixing improper medications, over-medicating, under-medicating, failing to provide food and water with medication, and many other scenarios, can lead to the death of an elderly patient. 

Contact a Cook County Nursing Home Wrongful Death Attorney

It must be noted that wrongful death cases can be exceptionally complex due to the multitude of factors that may be at play in such cases. For example, the death of a nursing home patient may be the result of repeated events that took place over a long period. To help you navigate difficult cases such as this, contact the experienced Chicago nursing home wrongful death lawyers at Schwartz Injury Law, who are ready to take action against nursing homes that hire cruel and negligent staff. Call us today at 312-535-4625 to schedule a free consultation.

Source: 

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