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Schwartz Injury Law

312-535-4625

60 W. Randolph Street, Suite 300, Chicago, IL 60601

5 Convenient Locations - Available 24/7 - We can travel to you

chicago nursing home injury lawyerNursing home residents generally require a closer eye to ensure their safety and care. But when a nursing home facility is understaffed, its ability to maintain the wellbeing of its patients can become compromised. Unfortunately, such a situation commonly leads to nursing home neglect.

There are numerous ways in which a staff shortage can negatively impact both staff and residents. Some of these issues include:

  • Medication errors, including skipped doses of medicine

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illinois nursing home neglect lawyerNeglect of nursing home residents is a common and serious problem in Illinois. Most of the incidents occur in the facilities where the residents live, perhaps because of issues like overcrowding or insufficient staffing or training. However, nursing home staff may also be responsible for the care and safety of residents while they are outside of the facility. If you or a loved one suffers an injury at any time while under the care of a nursing home, you may be entitled to compensation.

Nursing Home Employees Charged After Recent Illinois Incident

An ongoing case in Illinois illustrates a possible example of how neglect can occur when a nursing home resident is away from the facility. In February of this year, a woman died in a transport van after receiving off-site medical treatment at a hospital. Upon returning to her residential facility, the woman was left in the van overnight in below-freezing temperatures. Now, the driver and the residential care manager at the facility are both facing felony neglect charges.

Risks of Off-Site Injuries for Care Facility Residents

There are a number of situations in which a nursing home resident could be at risk of injury while outside of their care facility. Some examples include:

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Illinois nursing home neglect lawyersIn the United States, it is an unfortunate reality that many nursing homes and long-term care facilities fail to provide the standard of care that their residents deserve, and that is required of them by state and federal laws. Nursing homes that fail to meet required standards can face financial, legal, and professional sanctions. However, if you or a loved one has been negatively impacted by substandard care in a nursing home, you will have a higher legal standard when it comes to holding the nursing home accountable and recovering compensation for your damages. Specifically, you will need to demonstrate negligence or neglect on behalf of the nursing home or its staff.

Causes of Insufficient Care in a Nursing Home

There are a number of reasons why the care provided to nursing home residents may fall below standards. Some of the most common include:

  • Overcrowding - A nursing home may take on more residents than it has the capacity to care for, leading to cramped conditions that may contribute to safety hazards or the spread of illnesses.
  • Insufficient staff - When a nursing home fails to maintain an adequate staff, residents are likely to receive rushed or less frequent care, or to be left unsupervised.
  • Insufficient training - Staff who are not properly trained in their duties can be more prone to medication errors and mistakes when moving or assisting residents, and they may be less likely to recognize a resident’s needs in order to promptly address them.
  • Environmental conditions - Residents can be exposed to hazardous conditions if the nursing home fails to maintain a clean and safe environment.

If you recognize any of these issues in the nursing home where you or your family member resides, you can take preventive measures to avoid harm, like filing a complaint with the Illinois Department of Human Services or arranging to leave the facility.

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Chicago nursing home neglect attorneysIndividuals who live in nursing homes and other long-term care facilities deserve to be treated with compassionate, competent care. When a nursing home or assisted living facility fails to provide reasonably skilled service and care to residents, the residents may suffer from profound mental, emotional, and physical consequences. In many cases, substandard care at a nursing home can be deadly. If your loved one was the victim of nursing home neglect, you may be able to sue the nursing home for negligence. Read on to learn about the purpose of nursing home injury lawsuits.

Holding the Facility Responsible for the Harm Your Loved One Suffered

Nursing home neglect can take many forms. Failure to provide proper medical care is one of the most dangerous forms of nursing home neglect. Medical mistakes like giving a resident the wrong medication or the wrong dose of medicine can also lead to disastrous consequences. Lack of sanitization can lead to avoidable infections and illnesses. Unkempt facilities can lead to preventable fall accidents. Inadequate resident supervision can lead to wandering and elopement, avoidable injuries, and resident-on-resident abuse. When incidents of nursing home negligence such as these lead to a resident’s injury or death, a lawsuit may hold the facility accountable for the harm the neglectful care caused the resident. Being sued also serves to discourage similar behavior from the facility in the future.

Obtaining Financial Compensation for Damages

Nursing home neglect often leads to financial losses in addition to the intangible harm caused to the resident and the resident’s loved one. A nursing home lawsuit may help you recover financial compensation for the damages caused by the substandard care. If your loved one was injured or suffered health consequences because of nursing home neglect, you may recover compensation for hospital bills, medications, surgery, and ongoing medical needs resulting from the neglect. If your loved one passed away because of inadequate care, you may recover compensation for funeral and burial expenses and the loss of your relationship with your loved one. You may also receive compensation for your loved one’s physical, mental, and emotional pain and suffering. Monetary damages in a nursing home lawsuit reimburse the family for their losses and serve as a way to penalize the facility for the substandard care.

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Chicago nursing home wrongful death lawyerAccording to the Stanford School of Medicine, about 20 percent of Americans pass away in nursing homes. While death is not uncommon in nursing homes, there are some instances in which a resident’s death is directly caused by nursing home negligence. If substandard medical care, poor living conditions, medical mistakes, neglect, or abuse causes a nursing home resident to die prematurely, the nursing home may be liable in a wrongful death lawsuit. The surviving loved ones may be entitled to compensation for economic damages such as funeral and medical costs as well as non-economic damages including their grief and loss of companionship.  

What is a Wrongful Death in a Nursing Home?

The loss of a parent, grandparent, or other loved one can be devastating regardless of the circumstances. However, some deaths are classified by Illinois law as “wrongful.” A wrongful occurs when:

  • A person’s death is caused by wrongful act, negligence, or negligent failure to act and

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