February 21, 2012

Levin & Perconti Retained By Family of Nursing Home Resident Beaten By Fellow Resident In Oak Park

by Levin & Perconti

The local community was shocked this week to learn of the tragic attack at Oak Park Healthcare which took the life of a facility resident. Last week we explained the situation. According to reports at the time, an 80-year old resident, Anibal Calderon, was found beaten at the facility. The senior suffered from dementia and had been living at the assisted living facility to receive the close care that he needed as a result of his cognitive disability. However, that close care was not provided.

Our Chicago nursing home lawyers were shocked to learn that Mr. Calderon was attacked in the head by a fellow, younger resident. As a result of the attack, Mr. Calderon suffered a traumatic brain injury and eventually passed away at an area hospital. Investigations are still underway to determine exactly what protocols breaches led to this tragedy. Mr. Calderon leaves behind a wife and two adult children.

Levin & Perconti has recently been retained by the Mr. Calderon’s family to represent them in the matter and fully investigate the circumstances surrounding their loved one’s passing. Three of our Illinois nursing home neglect attorneys will represent the family, Steven M. Levin, John J. Perconti, and Michael F. Bonamarte. From the outset it appears clear that the facility and caregivers at Oak Park Healthcare did not engage in the level of conduct required by law to keep the residents in their care safe. When these sorts of breaches of care occur, the civil justice system is often needed to ensure that fair redress and accountability are provided.

As our Chicago nursing home attorney John Perconti noted about the situation, “The nursing home had a duty to supervise and protect each and every resident in its facility. There clearly was a breach of that duty, which resulted in Mr. Calderon’s unnecessary death.”

It is still too early to say for sure what legal issues will be implicated in this case. More information needs to be collected before any decisions can be made by the family about what they feel is appropriate. Attorney Perconti explained that “Right now we are in the early stages of our investigation. Once we obtain Mr. Calderon’s nursing home records and the police investigation documents, we will be in a better position to determine how this preventable tragedy occurred.” At this point, the family has made clear that they are hoping to use the situation as a wake-up call to prevent these facilities from acting inappropriately in the future, forcing other seniors to face the same inadequate care.

Our firm has worked on many situations involving one resident attacking another. Unfortunately, these attacks—and the injuries that result—are almost always preventable. When a facility provides proper supervision of residents, particularly those with known cognitive special needs, these acts of violence can be caught. This is especially important for any residents who have a known propensity for violence. It remains essential for those who own these homes that allow this conduct to occur to be held accountable for their negligence, ensuring that changes are made so that future residents are spared.

See Our Related Blog Posts:

Illinois Nursing Home Attack at Oak Park Healthcare Center

Care Centers Owns Over 20 Nursing Home in Illinois