When nursing homes undertake to provide services to individuals, part of the responsibility that the facility takes on is the duty to supervise and protect each and every resident in its facility. Sometimes patients can be a danger to themselves or others, but that’s why we entrust the care of our loved ones to healthcare professionals who hold themselves out to be experts in the field of nursing care.
Our Chicago personal injury attorneys Steven M. Levin, John J. Perconti, and Michael F. Bonamarte of Levin & Perconti have been entrusted to represent the family of an 80 year-old Oak Park Healthcare patient who died this past Valentine’s Day after suffering a fatal brain injury during an altercation with a younger resident at Oak Park Healthcare Center, a nursing home in Oak Park.
Many state and federal regulations, such as the Illinois Nursing Home Care Act, have been established to protect the elderly in nursing care facilities, such as the Oak Park Healthcare Center. Nevertheless, devastatingly gross violations occur every single day, tragically compromising the health, well being, and dignity of some of our society’s most vulnerable members.
“The nursing home had a duty to supervise and protect each and every resident in its facility,” said John Perconti. “There clearly was a breach of that duty, which resulted in Mr. Calderon’s unnecessary death. Right now, we are in the early stages of our investigation. Once we obtain Mr. Calderon’s nursing home records and the police investigative documents, we will be in a better position to determine how this preventable tragedy occurred.”
At this point it appears that the facility and caregivers at the Oak Park Healthcare Center failed to treat the 80 year-old resident with the care required by law to keep the residents safe. When these sorts of breaches of care occur, an Illinois nursing home negligence lawsuit is often needed to ensure that compensation and accountability are provided.
When patients are injured by the negligent acts of those delegated to care for them, and the healthcare professionals are determined to be legally responsible for the harmed caused, the provider may be made to pay what are known as damages, which attempt to put an injured person back in the position he or she was in before being injured. In some cases, courts may also award punitive damages that are implemented to punish wrongdoers and prevent other health care professionals in the same position from engaging in the same harmful acts.
In this case, damages may also be awarded for the man’s wrongful death. Under Illinois law, wrongful death is the legal concept that arises when a person’s death has been caused by the fault or negligence of another person trusted for the care of patients. In cases of wrongful death, such as this one, family members and loved ones of the decedent can file a claim to potentially make the wrongdoer pay damages for things such as the loss of companionship, monetary damages to cover the earnings the deceased person would have provided, and expenses associated with the death such as funeral and burial costs, as well as having to experience grief and sorrow.
Levin & Perconti is one of the nation’s most recognized and respected leaders in the area of nursing home negligence litigation. Both in and out of the courtroom, our Chicago personal injury lawyers obtained over $100 million in nursing home verdicts and settlements for neglected residents and their families, including a record-setting $3 million bed sore settlement. Attorneys for Levin & Perconti have represented a number of individuals and families in cases involving resident-on-resident abuse. “We find that most cases of resident-on-resident abuse are a result of the facility’s failure to properly supervise and monitor residents who have a propensity for violence,” added Perconti.
Our Chicago personal injury lawyers are committed to protecting and vindicating the rights of people who are injured by the negligence of others. If you or a loved one have been harmed as a result of nursing home negligence, contact an attorney to understand your rights under the law.