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Friday, January 11, 2013

Sexual Assault by Fellow Resident Alleged at North Side Nursing Home

According to an article in the Lincoln Park Patch, a resident of the Wilson Care facility in Chicago, Illinois reported that she was sexually assaulted by a fellow resident on January 1st, 2013. Wilson care is a long-term care facility for individuals with mental illness and substance abuse problems. It is located in Chicago's Uptown neighborhood. The assault victim told police that she was attacked in another resident's room at the facility. According to the report, the victim tried to prevent the assault but was unable to stop the mentally-ill patient from attacker her.

Residents of long-term care facilities in Illinois are legally protected from abuse by fellow patients under both federal and state laws. Under Illinois' Nursing Home Care Act (210 ILCS 45/), all nursing homes are required to not only protect residents from abuse by employees, but they are also required to protect residents from assault and abuse by other residents in the facility. This includes the duty to protect residents from all types of physical and mental abuse by other residents. When a resident is the victim of an assault by another patient, the nursing home may be liable for failing to keep the resident safe from an easily prevented harm.

Unfortunately, sexual assault perpetrated by one resident against another are not uncommon in Illinois long-term care facilities. According to the most recently available report on long-term care facilities in Illinois, in 2009 there were 54 allegations of sexual assaults committed by one resident against another. The Illinois Department of Public Health has made identifying and preventing attacks against developmentally disabled residents a priority for upcoming years.

Our firm's attorneys have experience representing nursing home residents who have been victimized by their fellow residents. You may have a claim if your loved one is a resident of a long-term care facility or nursing home who has been injured by another resident. If you have questions regarding this post, or any issue involving Illinois personal injury law, please contact Nursing Home Abuse and Neglect Attorney Mike Keating by calling him at 312-208-7702 or emailing him at MKeating@KeatingLegal.com, 24 hours a day, 7 days a week. All emails and phone calls are returned promptly. All initial consultations are confidential and free.