Oak Park.com reported this week on the latest developments in the Illinois nursing home neglect case at the Oak Park Healthcare Center that shocked many community members throughout the Chicagoland area. Our Chicago nursing home attorneys have been retained by the family in the incident to get to the bottom of the matter and ensure proper legal accountability.
As blog readers know, earlier this year an 80-year old resident at the facility, Anibal Calderon, died after being attacked at the facility by another resident. Both Mr. Calderon and his alleged attacked were living in the same ward at the long-term care facility.
This week our Chicago nursing home neglect lawyer Steve Levin was interviewed to share his perspective on the latest developments in the case-particularly concerns about apparent ownership transfer issues.
Attorney Levin explained how it is common for facilities that have a history of providing problematic care to be transferred between owners. One reason this is done is to make it more difficult for those seeking to hold the facility accountable to discover exactly who is making money from the facility and should be held liable in potential legal actions.
The latest story explains how searches of public databases reveal a somewhat complicated web when it comes to the Oak Park Healthcare Center. The corporate search database-available through the Illinois Secretary of State’s office-lists different individuals who have been “active agents” for the home in the last few months. However the current agent is the same individual who is listed as the agent for a company that gave the Healthcare Center a mortgage a few weeks ago. There are several different companies with connections to the facility, and a least two individuals with half ownership rights in the Oak Park Healthcare.
Levin explained how ownership rights often work in these matters. He noted that the individuals who operate the home and own the actual property are often related, sharing that “It could be that the owner of the land and buildings has sold their interest to someone else who’s leasing it to the same licensee.”
The Latest in this Case
Attorney Levin also shared how Anibal’s Calderon’s family was hoping for a timely resolution to this particular matter. However, as often happens in these situations, it will likely be some time before all of the information about the incident comes out and the legal matter can proceed.
The deadly attack took place in mid-February and the actual Illinois nursing home neglect lawsuit was filed the following month. The lawsuit itself was initiated by the filing of a legal document known as the “complaint” with the court and providing a copy (and summons) to the defendant facility. The next step is for the facility to respond to the complaint-either by filing some sort of motion or submitting an “answer” with the court.
Following the response for the facility, the discovery process will likely begin. This constitutes the longest portion of the case, where both sides gather information about exactly what happened. That information includes interviews with all the involved individuals and examination of records.
It is usually only after this stage that a possible resolution might be reached between the parties. The specific details of the resolution depend on the information that is uncovered and the position taken by the defendant facility.
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