There have been increasing reports in recent years about elder abuse, neglect and exploitation. Many elderly adults are abused in their own homes, in relatives’ homes, and in facilities responsible for their care. The abuse can be physical, emotional, sexual or it can occur in the form of financial exploitation.…
In order to file a civil lawsuit, you need to have some concrete damages, such as medical bills, lost time from work, or property damage. However, oftentimes a party might also be seeking some non-concrete damages, such as loss of normal life, pain and suffering, or loss of society. The…
In the recent case of Vincent v. Alden-Park Strathmoor, Inc., No. 110406, 2011 WL 1077706 (Ill.Sup.Ct.), the Supreme Court reviewed the nursing home malpractice lawsuit to determine whether or not punitive damages are allowed in the event that the wronged party is deceased. The Vincent case was filed by the…
The Illinois wrongful death lawsuit of Estate of Richard Schrik, deceased v. Oyindamola Omole, RN, No. 07 L 10740, involved claims that the decedent died as a result of nursing negligence. The nursing home resident fell while under the supervision of a nursing staff member and was the victim of…
A series of articles by the Chicago Tribune on the poor state of Illinois nursing homes has prompted public action, the latest of which is an increase in surprise inspections to local nursing homes by state officials. Surprise inspections are key in maintaining a safe and healthy environment for nursing…
On July 29, 2010, Governor Pat Quinn signed a landmark nursing home safety bill. The new legislation is designed to put in place additional safeguards to protect Illinois senior citizens living in nursing home facilities from harm or nursing home abuse. One of these provisions under the new Illinois nursing…
An Illinois nursing home abuse lawsuit was recently the subject of a review by the Illinois Appellate Court; Peterson v. Residential Alternatives of Illinois, Inc., No. 3-09-0743. The court reviewed whether the Illinois nursing home had the right to demand the decedent’s estate arbitrate its two-count complaint claiming a wrongful…
The Illinois Appellate Court recently considered issues of punitive damages under the Illinois Nursing Home Care Act in an ongoing Illinois nursing home abuse case, Vincent v. Alden-Park-Strathmoor, Inc., No. 2-09-065 (April 7, 2010). The court rejected plaintiff’s argument that punitive damages could be recovered in a survival action under…
A recent Illinois nursing home negligence settlement highlights one of the biggest problems plaguing nursing home residents – inadequate skin care. Many nursing home residents are bedridden and require careful monitoring and stringent skin care plans in order to avoid developing skin ulcers, which if untreated can lead to infection…
In an age when reports of nursing home abuse are becoming all too common, picking a nursing home for an elderly relative is never an easy task. A recent book, Taking Charge: Good Medical Care for the Elderly and How To Get It, makes the process a little easier by…