Common Types of Wrongful Death in Illinois Nursing Homes

 Posted on October 22, 2021 in Nursing Home Abuse

The death of a loved one is one of the most difficult experiences we can ever have. This is especially true if the death was preventable. Unfortunately, in many nursing homes, the standard of care for residents is such that neglect, understaffing, or elder abuse leads to the wrongful death of a resident. 

In this blog, we will review some of the more common wrongful deaths that take place in residential care centers. If you have been affected by a wrongful death of a loved one in a nursing home, you may be able to sue the facility for financial damages. Although a lawsuit cannot undo your loss, it may prevent such tragedies from happening in the future. 

What are Examples of Wrongful Death in Nursing Homes? 

Certain kinds of wrongful death are, unfortunately, more common than others. Examples of nursing home staff behaviors that can have fatal consequences include: 

• Insufficient staff-to-resident ratio, leading to substandard care

• Allowing residents to wander or get lost

• Lack of proper supervision or physical support for residents who fall and get injured

• Providing the wrong prescriptions, or the right prescriptions in the wrong amount

• Sexual and physical abuse 

• Insufficient physical nourishment 

• Improper monitoring and treatment of bedsores, leading to infection 

Although it is difficult to think about even one of these factors leading to the preventable death of a loved one, it is important to identify the cause of a resident’s death to determine whether it could have been avoided. 

What is the Process of Filing a Wrongful Death Lawsuit? 

Wrongful death lawsuits can be filed when a victim is killed by behavior that would otherwise have allowed for a personal injury lawsuit, had they lived. Wrongful death lawsuits can be lengthy and emotionally taxing, but they are important for fixing problems in nursing homes and residential care facilities as well as for providing financial compensation to victims of neglectful or abusive behavior. 

Persons filing a wrongful death lawsuit on behalf of a loved one must show that the defendant (in this case, the nursing home) owed the deceased resident a duty of care, that the nursing home breached this duty of care, and that the breach caused the death of the resident. This can sometimes take up to two years, but it is well worth the effort. 

Contact a Cook County Nursing Home Neglect Attorney

If someone you love has died at the hands of neglectful or abusive nursing home staff, you can take action. Seeking justice may not only help you find closure, but can also hold nursing homes responsible and help prevent similar tragedies from happening again. To find out whether you may have a case for financial damages, make an appointment with a skilled Chicago, IL wrongful death attorney at Schwartz Injury Law. We provide free initial consultations and will handle your case with care and compassion. Call us today at 312-535-4625. 

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=074001800K2

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1452&ChapterID=31