One of the most tragic types of personal injury cases that we see involves nursing home abuse. Individuals trust these facilities to provide around-the-clock care for elderly individuals during the final years of their lives. Unfortunately, many staff members and facility administrators choose to undermine our state’s clear rules against Illinois nursing home abuse and neglect. If you or a loved one suffered harm in a nursing home, call us today to learn more about your potential rights.
Recently, the Illinois appellate court considered a claim involving a surviving husband who brought several claims against the nursing home where his wife was a resident. The decedent suffered from left-side paralysis following a stroke as well as degenerative joint disease and other conditions. She was marked as a fall risk and suffered two falls during her residency at the facility. One of these falls resulted in a goose-egg sized hematoma on her forehead in addition to other injuries. She was admitted to a hospital for treatment and later discharged. Less than a month later, she passed away.
The plaintiff’s complaint alleged that the facility was negligent in providing care for his late wife, including preventing her from falling, and that as a result of this negligence the decedent lost her life. The facility moved to dismiss the claim and sought to compel mandatory arbitration in the alternative, pursuant to the resident agreement that the decedent signed as part of her admittance. The plaintiff amended the complaint to include a wrongful death claim following his wife’s passing.