When we admit a loved one to a nursing home facility, we trust that they will receive appropriate care and support. Finding out that a nursing home failed to take good care of your relative and caused them to suffer harm can be devastating and traumatic. One option that may be available to you and your family is pursuing compensation through a personal injury lawsuit. A lawyer can assist you with reviewing your situation to see whether the nursing home that was responsible for your loved one’s well-being is financially liable for the expenses associated with their injuries or untimely death. Contact Therman Law Offices today to learn more about working with a Chicago nursing home abuse lawyer.
In a recent case, the plaintiff alleged that his legally disabled relative was a resident at a county-owned nursing home in De Kalb county and that the nursing home facility failed to provide her with adequate care under the Illinois Nursing Home Care Act. More specifically, the complaint stated that the facility knew or should have known that the resident was at high risk for developing pressure sores and that they neglected to care for her in this capacity. The plaintiff alleged that the facility was negligent in failing to create a schedule for turning and repositioning his relative to prevent the sores from developing.
The county moved to dismiss the complaint, arguing that the state’s Tort Immunity Act took precedence over the Nursing Home Care Act. When a government entity is sued for negligence in Illinois, there are special rules that a plaintiff must follow that are different from a regular personal injury case. Under the Tort Immunity Act, there are certain situations in which a government entity cannot be held liable for negligence, for example. The county pointed to several provisions in the Tort Immunity Act to argue that the employees at the nursing home facility could not hold a public employee liable when the public employee was acting within the course and scope of their employment.