Are Nursing Home Injuries Compensable?

About 100,000 people live in Illinois nursing homes. People like Maggie, who suffered severe injuries in a car crash when only age 27. Older residents like Stanley and Emma, both in their 80s, may suffer from multiple medical conditions, including dementia. Despite oversight by the Department of Public Health, many nursing home residents suffer injuries every year. The families of those residents may wonder if nursing home injuries are compensable or just part of being physically infirm. The answer may be rooted in Illinois law and the facts surrounding the injury.

The Illinois Nursing Home Act

This law (the “Act”) defines patient protections and nursing home operator responsibilities. The Act defines abuse and neglect of nursing home residents:

‘Abuse’ means any physical or mental injury or sexual assault inflicted on a resident other than by accidental means in a facility.

‘Neglect’ means a facility’s failure to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living that is necessary to avoid physical harm, mental anguish, or mental illness of a resident. [emphasis added]

A nursing home owes a duty of care to its residents. For example, nursing home duties include:

  • Keeping residents from abuse and neglect.
  • Using physical restraint only when necessary and with informed consents.
  • Providing or allowing medical treatments and procedures.
  • Giving residents only necessary drugs.
  • Providing quality care to residents.

When nursing homes fail to provide that duty of care, residents suffer from neglect or abuse. Are nursing home injuries compensable at this point? Probably. It’s impossible to give an exact answer without knowing more about the individual claim.

Have You or a Loved One Been Injured in a Nursing Home?

If so, compensation may be available. Discuss your potential claim with a qualified attorney to learn more about your options.

At Osvaldo Rodriguez, PC, we have over 20 years’ experience helping clients with nursing home injuries and neglect. Schedule a free initial consultation with Osvaldo Rodriguez, a lawyer who has dedicated his career to assisting people like you. Just call us at 708-716-3441 or fill out the Contact form on our website. We represent clients throughout the state of Illinois, including Cook, DuPage, Will, and Kane Counties.

Mr. Rodriguez is fluent in both Spanish and English.

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