What is Considered a “Wrongful Death” in a Nursing Home?

 Posted on April 14, 2022 in Nursing Home Abuse

Nursing home facilities and other long-term care facilities take care of our loved ones when they can no longer take care of themselves. Many nursing home residents have dementia, heart disease, and other age-related illnesses that will eventually take their life. However, some nursing home residents pass away prematurely because of substandard care in the nursing home. If your loved one died in a nursing home because of abuse or neglect, you may be able to hold the facility accountable through a wrongful death claim.  

Nursing Home Resident Deaths Caused By Neglect or Abuse

Staff in a nursing home facility have an obligation to provide skilled care to residents. Sadly, some nursing homes fail to meet the expectations anticipated by loved ones and required by Illinois law. Nursing home neglect or abuse can take many forms and may result in serious injury or death of a resident.

Wrongful death claims involving death of a nursing home resident may involve:

• Failure to secure medical treatment for a sick resident
• Inappropriate response to resident symptoms or worsening medical conditions
• Avoidable fall accidents
• Choking
• Inadequate supervision leading to wandering or elopement of a resident
• Inadequate sanitation leading to illness or infection
• Medication mistakes such as providing too much or too little medication
• Malnutrition or dehydration
• Infections from untreated bedsores
• Breathing tube mistakes
• Physical abuse

Illinois Law Regarding Wrongful Death

Just as an injured person may be able to bring a personal injury claim and pursue damages, surviving loved ones may be able to bring a wrongful death claim on behalf of someone who died. If your loved one passed away in a nursing home you may wonder if it is considered a “wrongful death.” Illinois law defines wrongful death as a death caused by “wrongful act, neglect, or default.” Negligent acts like accidentally giving a resident the wrong medication or intentional acts including physical abuse of a resident may lead to wrongful death claims. Failure to act can also cause a wrongful death. For example, failure to supervise residents can lead to a resident leaving the facility and being stuck by a car or otherwise fatally injured.

Contact a Chicago Nursing Home Wrongful Death Lawyer

If your loved one died in a nursing home and you believe the death could have been prevented, contact Schwartz Injury Law to discuss your legal options. Our Cook County nursing home injury attorneys can evaluate the circumstances and help you take the next steps. We are committed to standing up for nursing home residents and their families. Call us at 312-535-4625 for a free, confidential case evaluation today.

Source:

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