Intro Blair NH Article

Here is a link to another article written about a nursing home negligence claim we recently filed in Madison County, Illinois. In Illinois, claims can be brought on behalf of family members in a nursing home facility under the Nursing Home Care Act. The Act provides that "the owner and licensee are liable to a resident for any intentional or negligent act or omission of their agents or employees which injures the resident." 210 ILCS 45/3-601. The Act further requires a facility to provide the necessary care and services to a resident in order to maintain "the highest practicable physical, mental and psychological well-being of the resident, in accordance with the comprehensive assessment and plan of care." The Act places strict responsibilities on facilities who are taking care of loved ones when their family can no longer care for them. The Act also allows the attorney bringing the claim on behalf of the resident to be awarded attorneys' fees if the lawsuit succeeds. This provision allows us to take on nursing home liability cases when the potential jury award for a violation of the Act could be outweighed by the costs of pursuing the claim. In other words, we still take the case on a contingency fee, with no payments from our clients or their families, unless we win. If we win, the resident is compensated and, in a separate order, the judge awards attorney's fees.

In the case referenced in the attached article, our client suffered from diabetic neuropathy and peripheral vascular disease and had previous amputations of her toes. However, when she was admitted to the facility, her feet and toes were fine. Although the headline references "ill-fitting shoes" as the cause of the additional amputation in this case, the real problem was the complete failure of the facility to perform the required skin assessments of our client's feet when they knew or should have known that such assessments were required by law. In fact, after this incident, the Illinois Department of Public Health issued a report citing the facility for the same conduct that we allege as negligence in our complaint.

Our lawyers at Becker, Schroader & Chapman are experienced in nursing home litigation, how the Act can be used to obtain just compensation for our clients and how to investigate and prove violations of the Act. If your trust has been violated by a nursing home facility, please call us so that we can help.