When an Illinois nursing home resident dies, it is important to determine what caused the resident’s death. While, of course, most such deaths are “natural” – meaning they are caused by unavoidable factors such as old age, declining health, etc. – some deaths of nursing home residents are caused by nursing home abuse and/or nursing home neglect.
If a death of an Illinois nursing home resident was caused by nursing home negligence, then it is likely that an Illinois wrongful death lawsuit can be filed. However, in order for a wrongful death suit filed against the nursing home be successful, the lawyer needs to prove such negligence led to the death of the resident. In essence, in order for the nursing home to be held liable for the death, the nursing home has to be held responsible.
While each nursing home wrongful death suit will, of course, have to be tailored to the specific incidents and situation involved – and as such making generalizations concerning wrongful deaths in Illinois nursing homes should be avoided – there are various signs that may indicate that the death of an Illinois nursing home resident was caused by negligence or some other factor that would allow a wrongful death lawsuit to be successful in attaining monetary compensation.
Here are a few of the factors that may indicate that a nursing home is liable for the death of a resident:
- Illinois nursing home deaths that happen after bed sores form (bed sores are further discussed in Elman Joseph Law Group’s ChicagoBedSoresLaw.com site)
- a death that happens due to a medication or pharmacy error
- a death that happens after an avoidable nursing home accident
- a death that is unexplained or seems suspicious in nature
- a death that happens due to poor operating procedures in the nursing home, such as when a medical emergency happens and it is not properly acted upon
- a death that happens due to a nursing home resident falling due to an error made during the resident’s transportation
- a death that happens due to inappropriate physical restraints
- a death that is occurs after a period of malnutrition and/or dehydration
- a death that happens due to an avoidable infection
- deaths caused by nursing home physical abuse, such as a resident being hit, pushed, or otherwise being the victim of physical violence
The above list only covers a limited variety of possible deaths involving nursing home negligence and/or nursing home abuse.
Of course, before reaching any type of legal conclusion over whether a death was caused by negligence, a qualified Illinois personal injury lawyer should be consulted. That lawyer will know of the steps and actions – including relevant investigations – that should be followed in proving such negligence in fact led to the death of the nursing home resident. The lawyer will also know of the applicable statute of limitations.
If you suspect that a death that has occurred in an Illinois nursing home has been caused by negligence or some other type of wrongdoing, please contact the Elman Joseph Law Group to discuss the situation and see what legal remedy may exist.
Elman Joseph Law Group has been serving the personal injury legal needs of the Chicago area for 20 years. During this time, we have established a reputation for being highly skilled in taking cases to court. This is important for clients’ cases because if we are unable to attain an appropriate settlement, we have a proven track record of achieving highly attractive verdicts for cases taken to court.
In fact, because of this litigation capability, many law firms choose to have Elman Joseph Law Group take cases to court.
To immediately speak directly with Tony Elman, Lead Attorney of the Elman Joseph Law Group, call (773) 392-8182 at any time. There is no charge for this confidential legal consultation.