October 19, 2011

Levin & Perconti Files New Illinois Nursing Home Neglect Lawsuit Against Elm Brook Health Care & Rehab Center

by Levin & Perconti

Earlier this month our Chicago nursing home neglect lawyer Jordan S. Powell filed a complaint, initiating a new Illinois nursing home abuse lawsuit against the Elm Brook Health Care and Rehabilitation Centre and Lancaster Health Group. The suit stems from the mistreatment provided to a former nursing home resident who passed away because of mistreatment at the nursing facility. The complaint includes several counts which allege violations of the Illinois Nursing Home Care Act, common law negligence, and wrongful death claims.

The complaint explains that the victim was a resident of Elm Brook for a year, only leaving a few days before his death in September of last year. The facility was charged with caring for the senior while living at the facility. The victim as a known fall risk, and he required supervision and assistance with a variety of daily actions to ensure that he did not suffer a potentially deadly fall. Unfortunately, the facility did not provide the level of care that the man need to ensure his safety. As a result, last September the man fell while at the nursing home. The fall resulted in an intertrochantetic hip fracture. The victim ultimately suffered complications from this hip fracture. His health conditioned deteriorated quickly, and he passed away a few days after the nursing home fall.

As frequently occurs in these situations, the surviving family members of the victim are seeking accountability for the failure on the nursing home’s part to ensure that their loved one was not hurt in a preventable fall. The plaintiff in this case is the victim’s daughter, who was named as special representative and administrator of her father’s estate. Besides filing a claim seeking to protect her father’s interest, she is also filing a wrongful death claim to ensure that the suffering of herself, her mother (the victim’s wife), and her brother (the victim’s son) are also accounted for. When a loved one is taken far too early because of neglect at a nursing home, the pain and suffering extends beyond the senior themselves. These deaths affect entire families—and often entire communities—and the law, therefore, provides an avenue by which some of those extended consequences are reflected in a liability ruling.

Every Chicago nursing home neglect attorney at our firm is proud to represent all those who have been harmed by inadequate care at local nursing homes and assisted living facilities. Over the years the Illinois legislature has enacted statutes designed to protect all those seniors living in these facilities from mistreatment and neglect. However, the law is only effective when those in a position to hold a facility accountable for their lapses step up and press from redress. If you suspect that you or someone you know has been the victim of unlawful care at one of these homes, please take the time to visit a legal professional and learn about your options. Together we can ensure that the rights of nursing home residents are respected and future families are not forced to experience the consequences of losing a loved one earlier than necessary.

See Our Related Blog Posts:

Illinois Nursing Home Neglect Lawsuit Filed Against Virgil Calvert Nursing Home

Illinois Group Home Abuse Remains Overlooked Problem