Proving Your Nursing Home Lawsuit

Only two months after moving into a local nursing home, Sally developed bed sores. That led to a septic infection that her 79-year-old body had trouble fighting off. Sally entered the hospital for treatment while her family searched for answers. Bob’s family learned that his caregivers were giving him drugs to sedate him. They also noticed unexplained bruises and weight loss. After moving him to a new nursing home, Bob’s family wanted the former caregivers to be held accountable. In both cases, a nursing home lawsuit might be appropriate. However, proving your case can be difficult in this type of lawsuit.

Abuse and Neglect Do Occur in Nursing Homes

Caregivers and owners of institutions owe a standard of care to their patients. They are also required to comply with the Illinois Nursing Home Care Act. When owners or operators of a facility fail to provide adequate care, they can be held accountable. Patients or their representatives may file a complaint with the Department of Health or ask for an investigation in a home. Some may take it one step further by filing a nursing home lawsuit.

Filing a Complaint Is Just the First Step

Before filing a lawsuit, it’s important to talk to a lawyer with litigation and nursing home experience. Laws are complex and often hard to understand.

An attorney may assess a potential claim with a focus on being able to prove the allegations made in the complaint. Evidence is important, but sometimes difficult to come by in a nursing home lawsuit.

The person who files the lawsuit (the “plaintiff”) must be able to prove that the nursing home was the primary cause of any injury or illness suffered. Many residents in nursing homes are already frail or suffering from serious medical conditions. In most nursing home lawsuits, the plaintiff must prove that:

  • The caregiver owed the patient a certain standard of care,
  • The caregiver failed to provide that care, and
  • The nursing home resident suffered because of that failure.

While winning a nursing home lawsuit is difficult, it is not impossible. In fact, many lawsuits end in settlements before trial.

Talk to an Experienced Lawyer About Your Nursing Home Lawsuit

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 Chicago, Addison, Bellwood, Bensenville, Berwyn, Chicago, Cicero, Elmwood Park, Franklin Park, Maywood, Melrose Park, Northlake, and all of Cook County, Lake County, Kane County, Dupage County and Will County.

Mr. Rodriguez is fluent in both Spanish and English.

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