Our Illinois nursing home lawyers have seen many versions of neglect over the years. It is true that there are certain situations that seem to occur again and again. For example, time and again we have seen many examples if Illinois pressure sores that could have been prevented if nursing home employees provided appropriate care. Even though it is well known that proper position, skin treatment, and similar actions will virtually always ensure these sores do not arise, it still happens with alarming frequency.
If a legal action is brought after a resident is harmed by the poor treatment of a nursing home employee then it is usually under the theory of negligence. There is no specific type of injury that is required before for a jury to find a home liable in one of these nursing home lawsuits. The crucial issue in these cases is usually whether or not the employees acted in a reasonable manner under the circumstances. If an employee does not act as a prudent nursing home employee would in providing care and that causes harm, then the facility may be liable. This is true even in unique circumstances.
For example, McKnight’s Longer-Term Care News reported this week on a nursing home negligence lawsuit involving a deadly spider bite. The case stems from the death of a nursing home resident after she was bit by a brown recluse spider-one of the most dangerous insects on the planet. The suit filed by the victim’s sister alleges that the facility was negligent by breaching its duty to inspect the area for dangerous pests and properly cleaning the area.
Eventually the case was dismissed on a technical issue. The jurisdiction where the suit was filed requires that expert testimony be submitted for these cases and such testimony was not entered. However, a strong dissent was issued which explained that this case was a simple negligence matter in which the expert requirement was not necessary.
Regardless of the technical legal issue upon which the case was ultimately decided, it is a good example of how the legal system is flexible enough to evaluate each situation on a case by case basis. Winning a nursing home lawsuit requires that certain elements of a case by proven by a preponderance of the evidence. However, those elements are usually broad legal issues such as that negligence of some kind occurred and that the negligence was a specific cause of an injury. The type of injury or the exact form of the negligence is not dispositive.
That is why our Chicago nursing home attorneys encourage all those who believe that their loved one did not receive the care to which they were entitled to visit our office and share their story. Even if one is not exactly sure how the law of negligence works or if they have a case, nothing is lost by visiting a professional in this arena and learning about their legal options. This initial consultation is the first step in protecting resident rights and holding wrongdoers accountable for their poor conduct.
See Our Related Blog Posts: