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Schwartz Injury Law

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Illinois nursing home injury attorneysAs this post was being prepared for publication, Hurricane Dorian was making its way from the Florida coast up the eastern seaboard to the Carolinas. Current predictions expect the center of the storm to deflect away from land as it heads northeast, possibly bound for Nova Scotia by the weekend. While many people who live in the predicted path of the storm took or are taking action to keep themselves safe, those who reside in nursing homes are not able to do so. Instead, they must rely on the facility to continue providing care despite the fury of Mother Nature being displayed around them.

The Dangers of Natural Disasters

Hurricanes are not a problem for the residents of Northern Illinois, but our region is still susceptible to other types of natural disasters. For example, in an average year, more than 60 tornadoes are reported in Illinois, some of which cause significant damage and injuries. Illinois is also known for extreme winter weather, including blizzards and ice storms that can lead to long-lasting power outages and other problems. Regardless of the event in question, nursing homes still have the responsibility to continue providing care to their residents and keeping the residents as safe as possible under the circumstances.

Experts say that the most important thing that nursing home management can do regarding natural disasters is to have an established emergency plan in place. An emergency preparedness plan should, at the very least, include:

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Illinois nursing home wrongful death lawyerThe decision to place a loved one in a nursing home is never easy. Most people wish that they did not have to move their elderly or disabled loved one out of their home and into a long-term care facility, but they often do not have another choice. Nursing homes are filled with residents who need more extensive medical care and help with daily living tasks than a family member could handle on their own.

Many nursing home residents are quite frail, and when nursing home staff do not properly care for the residents or meet their medical needs, the results can be deadly. If your loved one passed away while staying in a nursing home and you believe the death was due to negligence or abuse, do not hesitate to contact a qualified nursing home abuse injury lawyer for help.

When is a Nursing Home Death a Wrongful Death?

Because many nursing home residents are elderly or in poor health when they arrive at the facility, it is not surprising that many residents pass away while staying in the facility. Consequently, it can sometimes be difficult to know if a loved one’s death was preventable or not. The term “wrongful death” refers to deaths that happen as a result of the negligent or intentionally harmful acts of another. The Wrongful Death Act in the Illinois Complied Statutes technically defines a wrongful death as a death resulting from “a wrongful act, neglect or default.” This means that a nursing home staff member’s action or inaction may be to blame for the death of a resident. Other times, it is the nursing home facility itself that is the subject of a wrongful death lawsuit.

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