This is the next article in my series on the handling of eldercare abuse cases in our area. My last post discussed when Illinois nursing homes may be liable for an injury. It is important to note that injury claims can arise as a result of one-time events or as a result of recurring conduct which leads to harm. An experienced attorney can assist you with determining whether you have a valid claim. In this article I will address the important topic of identifying all the potentially liable parties in such matters. If you or a family member are in need of assistance then contact my office to speak with a Peoria personal injury lawyer.
Illinois nursing home injuries may expose employees, facilities, business owners, and third-parties to liability
There are several parties who may be liable for a nursing home injury. First, an employee of the facility may face liability if their failure was the proximate cause of the harm. Second, employers are considered liable for the acts of their employees. This means, for example, that if an employee was negligent, then their employer (the nursing home) will be considered liable as well. If the nursing home is a business that is structured as an LLC or a corporation then, depending on the circumstances, the owners of the business may face personal liability as well. This will be the case if it can be shown that the owners are, in fact, simply the “alter ego” of the business.
There are times when third-parties may also face liability for harm. This can occur when the nursing home employs another company, to outsource work, and the third-party company causes an injury through negligence. Consider the following example: a nursing home employs a third-party food preparation service to prepare and serve all meals within the facility. The food service is given a list of all dietary restrictions of the home’s residents. The food service, however, fails to follow the restrictions list and serves shellfish to a resident even though the individual has an extreme allergy. The allergic reaction, combined with the resident’s already frail condition, results in death. Discovery shows that the food service has never before provided service to a nursing home. Under this scenario, the food service company is likely liable. Also, the owner of the nursing home may also be liable for negligence as they failed to ensure that the food service was qualified to work with a special needs population. Whether liability will attach, however, is always going to depend on the specifics of the case.
Identifying all of the essential parties is vital to properly handling a case against a nursing home. As I explained in my last article, different parties may face different causes of action. Moreover, one defendant may potentially be responsible for punitive damages while another may not. To put it simply, a victim and their family may not be able to gain the maximum compensation to which they are entitled if a party is not included in the case.
A Peoria injury attorney can identify potential defendants after a nursing home injury
An important step towards properly naming all parties in such a case is to retain an experienced lawyer. Counsel will take several steps to identify all possible defendants. These steps may include retaining an investigator to interview employees, researching through the Secretary of State, learning about a company’s business structure through discovery, and more. As a Peoria injury attorney, I am able to assist with such matters. If your loved one has been hurt in an eldercare facility, then contact us online or by telephone today to schedule an initial consultation. 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.
