This is the next article in my series on the handling of nursing home and eldercare injury cases in Illinois. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if your loved one has been harmed or injured. It is important that you speak with counsel immediately as there is only a limited amount of time in which an action may be brought and important evidence must be preserved. In this article, I will be addressing the question of when such facilities are responsible for an injury. If you or a loved one needs assistance then contact my office today to speak with a Peoria lawyer.
Illinois nursing homes are liable if they breach their duty to care for and protect their residents
Illinois Nursing homes have a duty to take reasonable steps to care for their residents and to protect their safety. This duty exists under both common law and our state’s statutory framework. This duty includes monitoring the residents’ wellbeing, providing adequate medical care, and dealing with issues such as proper diet, preventing dehydration, and grooming/hygiene. If the facility does not take reasonable steps to meet these obligations then they may be liable for any damages which occur as a result of that failure. These damages can include medical expenses, pain and suffering, loss of consortium by family members, and more.
Consider the following example. Joe and his siblings place their ninety year old father in a nursing home out of belief that it will be the best place to meet his needs. He has various health problems and is beginning to show signs of dementia. An on-staff nurse, employed by the nursing home, is tasked with giving the father his medication three times per day and with checking his vitals. The nursing home, however, is understaffed and should be employing more personnel. The nurse is often pulled away from her main duties to assist others with their work as a result. One of Joe’s rounds of blood pressure medication is missed and he suffers a stroke as a result. Under this scenario, the nurse, other employees, and the nursing home are likely liable for negligence. Also, additional causes of action may exist against the nursing home (more on this below).
Negligence claims can arise out of ongoing conduct in addition to the type of one-time events (missing medication) described above. Consider, for example, the facility which fails to properly clean and sanitize its kitchen facilities on a regular basis. It also fails to properly store food. It is shown that, over time, bacteria built up due to these conditions and Joe’s father developed severe stomach problems and infections as a result. In other words, ongoing failures caused the father’s injuries as opposed to a single event. The facility and its kitchen workers could very well face liability for such conduct. It must be remembered, however, that whether a party will be liable in a personal injury case will always depend on the facts of the matter.
Illinois nursing homes may also be liable for negligent hiring and supervision
When an individual is injured due to poor care from a nursing home then the facility may face additional causes of action which go beyond negligence. Employers are considered responsible for the actions of their employees. This means that the facility will be liable for negligence of staff. The facility may also be liable, however, for failing to properly screen and supervise its employees. If it is shown that the nursing home did not adequately check the qualifications of an employee, chose to hire an employee which it knew lacked certain qualifications, or did not take reasonable steps to ensure that employees are doing their job correctly, then a claim of negligent hiring and supervision may be brought. In some instances, it may even be possible to sue the owners of the nursing home directly. An attorney can assist with determining who the potential parties are in any given matter.
If your loved one has been harmed by another’s negligence then contact my office today to speak with a Peoria eldercare & nursing home abuse lawyer. My office is dedicated to protecting the rights of the injured and I believe that everyone is entitled to strong representation. We will make sure you know what to expect as the process moves forward and will make ourselves available to answer your questions. We look forward to speaking with you.
My firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
