Keating Law Offices Settles Nursing Home Neglect Case

Keating Law Offices has successfully settled a lawsuit on behalf of an Illinois nursing home resident against a nursing home located on the South Side of Chicago. The claim alleged that the nursing home violated numerous Illinois state and federal laws when it failed to properly supervise residents. This alleged failure resulted in a March 2010 incident in which a disabled resident was the victim of an unprovoked attacked by another patient of the facility.

The lawsuit alleged that the victim-resident suffered multiple severe injuries due to the violent attack, including head injuries. Further, the claim alleged that the nursing home provider failed to adequately provide medical treatment and follow-up care to the victim. The rights of nursing home residents in the state of Illinois are protected under both state and federal laws. In Illinois, a nursing home is required to not only protect residents from being abused directly by employees of the nursing home facility, but to also protect residents from abuse caused by other residents. Under federal law, nursing homes are required to provide a level of care that promotes the quality of life of each resident. All nursing home residents have the right to be “free from physical or mental abuse.” A nursing home that fosters an unsafe and dangerous environment which permits one patient to physically attack another is clearly in violation of this duty.

Under the Illinois Nursing Home Care Act, a nursing home or long-term care facility is liable if it fails to provide proper medical treatment to a resident. A delay in the diagnosis and treatment of injuries due to abuse in a nursing home, as was alleged in this case, is a violation of a nursing home’s duties under Illinois law. Once a nursing home becomes aware that a resident has been injured by another resident it has additional duties it must fulfill to the patient and the patient’s family. These legal obligations include: conducting a thorough investigation; evaluating what steps must be taken to create an environment that prevents the perpetrator from continuing to cause injury to other residents; informing the victim resident’s family of the incident; and reporting the incident to the Illinois Department of Public Health.

Keating Law Offices has successfully obtained settlements on behalf of victims of nursing home abuse, including additional claims of injuries and abuse allegedly perpetrated by other nursing home residents. Due to the terms of the settlement agreement between the resident and the nursing home, the identity of the parties and further details are confidential.

If you have any questions regarding this post or an issue involving Nursing Home Abuse and Neglect, please contact Illinois Nursing Home Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com. All initial consultations are confidential and free.