The Madison St Clair Record published a story last week highlighting a new Illinois nursing home lawsuit that was filed on behalf of a former resident of a southern Illinois long-term care facility. The suit was initiated after a complaint was filed claiming that the Collinsville facility was negligent in its care, leading to the death of the senior. The lawsuit was initiated by the estate o the now-deceased former nursing home resident.
According to the court papers, the victim became of resident of the facility in December of 2008. Surviving family members believe that the vulnerable senior did not receive the care to which she was entitled while living at the facility. The victim had been at home for about eight months when she was found unresponsive in her room. She was taken to a nearby hospital where emergency medical care was given in an effort to revive her. Unfortunately, little could be done for the woman. She eventually fell into a vegetative state and died several weeks later.
The victim’s family members who initiated the suit believe that Illinois nursing home negligence was at the heart of the problem. The lawsuit documents claim that staff members allowed the woman’s blood sugar level to drop to dangerously low levels. Their failure to monitor the woman’s sugar levels had the effect of causing the senior to develop hyperglycemia. Her death was ultimately a result of that issue.
The family’s nursing home lawsuit states the facility was guilty of both negligence and of violating the Illinois Nursing Home Care Act. It is common for a single case of negligence or mistreatment to result in more than one type of claim. Specifically, there are claims that can be made under what is known as the “common law” and claims that are statutorily based. As the name indicate, a statute based claim can be brought when a state or federal legislature passes laws specifically allowing victims to seek compensation for their losses based on the conduct of others.
Even if there is no statute that allows such claim, a common law negligence claim can always be brought by victims harmed by the unreasonable actions of others. These common law claims can be brought in addition to a statutory claim (as happened here) or on their own. Common law claims are adjudicated based on legal principles that have been developed in specific jurisdictions over the years. The rules about what make an individual liable for harm, what type of harm, who can sue, and various other issues are guided by those rules which courts have created over that time.
Our Illinois nursing home neglect attorneys are well versed in each of the ways that victims of poor nursing home care can recover. It remains incumbent upon all legal professionals to leave no stone unturned when it comes to advocating on behalf of clients. This includes spending the resources in a case to ensure a proper investigation is conducted and pursuing all possible forms of recovery whether based upon a statute or the common law.
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