On June 18, 2015, a complaint alleging nursing home negligence resulting in a resident’s death on June 19, 2013 was filed against the nursing home and other defendants. The Illinois nursing home negligence/wrongful death lawsuit was filed under Illinois’ Nursing Home Care Act as well as Illinois’ survival statute, seeking compensatory damages in excess of $200,000.
The Illinois nursing home negligence complaint alleges that the defendant nursing home’s lack of timely and appropriate care led to the resident developing pressure ulcers and suffering from malnutrition, dehydration, urinary tract infections, and low oxygenation levels during his stay at the defendant nursing home.
According to reports regarding the nursing home complaint, the defendants are alleged to have committed nursing home neglect and nursing home abuse for failing to provide the resident with appropriate care, failing to protect the resident from neglect and abuse, failing to advise the resident’s physicians regarding significant changes in the resident’s condition, failing to protect the resident from developing pressure ulcers, failing to properly and timely treat the resident’s pressure ulcers, failing to maintain the protein levels and the weight of the resident, failing to fully assess the resident’s condition, failing to provide the resident with appropriate services, failing to provide the resident with proper fluids and nutrition, failing to provide proper treatment to prevent and treat the resident’s urinary tract infections, failing to provide adequate care to maintain the resident’s well-being, failing to timely and appropriately reposition the resident, failing to monitor the resident’s oxygen levels, and failing to utilize pressure reduction and pressure relief devices to prevent and treat the resident’s pressure ulcers.
The defendants have responded to the nursing home complaint, contending that the alleged injuries suffered by the resident were caused by the resident’s co-morbidities, for which the nursing home was not responsible, or that the resident’s injuries were due to the actions or omissions of individuals for whom they are not responsible. The defendants further contend that they exercised reasonable care in providing appropriate and necessary care and services for the resident.
The defendants also allege that the plaintiff waited too long to file the nursing home negligence/nursing home abuse lawsuit because the statute of limitations had expired before the complaint was filed. In support of their contention, the defendants point to the two-year statute of limitations for filing a survival action in Illinois (the resident was discharged from the nursing home facility in May 2013 and the complaint was filed in June 2015). The defendants also argue that the plaintiff is not entitled to bring a wrongful death claim against them under the Illinois Nursing Home Care Act because the plaintiff, who is the administrator of the resident’s estate, allegedly is not within the class of individuals who are entitled to protection under the Act.
A hearing on the defendants’ motions was scheduled for September 9, 2015.
If you or a loved one suffered injuries during a nursing home stay in Illinois or elsewhere in the United States, you should promptly contact a local nursing home claim attorney in Illinois or in your state to investigate your possible nursing home claim for you and file a nursing home claim on your behalf, if appropriate.
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