Compassionate Injury Attorney Helping Grieving Families in Cook County in Their Pursuit of Justice

Losing a loved one is always exceptionally hard for a family. However, when a loved one’s death is the result of the intentional or negligent actions of those who are supposed to be caring for them, a situation can be especially tragic. At Fotopoulos Law Office, we help grieving families hold negligent and abusive nursing homes and their staff members accountable. With our help, you can effectively pursue a claim for compensation against a facility that was responsible for nursing home abuse or neglect that led to your loved one’s unnecessary death.

Understanding Nursing Home Death Cases in Illinois

When a loved one passes away in a nursing home, families often grapple with both grief and questions. If the death was caused by a facility’s negligence, abuse, or a failure to provide standard care, it may fall under the category of a “wrongful death” case. In Illinois, specific laws govern how these claims are handled, who can file them, and what types of compensation are available.

Below, we will explain the legal framework for nursing home death cases in Illinois, the common causes of facility liability, and the steps families must take to seek justice.

What Defines a Wrongful Death in Illinois?

Under Illinois law, a wrongful death occurs when a person’s life is cut short due to another party’s “wrongful act, neglect, or default.” In the context of a nursing home, this means the facility failed in its duty to protect the resident or provide necessary medical care, leading directly or indirectly to their passing.

It is important to understand that nursing home residents are often in a fragile state of health. Because of this vulnerability, even a seemingly minor oversight can trigger a catastrophic decline. Illinois law recognizes this, allowing for legal action if the facility’s negligence was a contributing factor to the death, even if it wasn’t the only cause.

Common Causes of Nursing Home Liability

Nursing homes are responsible for the total well-being of their residents. When they fail to meet the “standard of care”—the level of care a competent facility would provide—they can be held liable. Common scenarios include:

Medical and Medication Errors

Many residents rely on a complex regimen of prescriptions. Failure to provide necessary medication, administering the wrong drug, or giving an incorrect dose can be fatal. Similarly, failing to provide emergency medical care when a resident shows signs of distress (such as a heart attack or stroke) is a frequent basis for a claim.

Physical Abuse and Neglect

Tragically, some deaths are the result of intentional physical abuse. More common, however, is neglect. This includes failing to provide basic necessities like adequate food and water, leading to malnutrition or dehydration. It also includes failing to provide assistive devices like wheelchairs or walkers, which can lead to fatal falls.

Pressure Ulcers (Bedsores)

Bedsores are often a primary indicator of nursing home neglect. Facilities are required to rotate the positions of immobile residents to prevent these ulcers. If left untreated, bedsores can become deeply infected, leading to sepsis—a life-threatening blood infection that frequently results in death for elderly patients.

The Chain of Events: Why Small Injuries Matter

In an Illinois wrongful death case, the defense may argue that the resident was already ill or elderly. However, the legal standard focuses on the “chain of events.”

For example, if a nursing home fails to assist a resident to the bathroom and the resident falls and breaks a hip, they may become bedridden. If that immobility leads to pneumonia or a blood clot that eventually causes death, the nursing home can be held responsible for the entire sequence of events. The initial negligence (the fall) is seen as the catalyst for the ultimate passing.

Who Can File the Lawsuit?

While a death affects the entire family, Illinois law is very specific about who has the legal standing to initiate a lawsuit.

The Personal Representative

A wrongful death claim must be filed by the deceased resident’s personal representative. This is typically the person named in the resident’s will to manage their estate. If there is no will, or if the named person cannot serve, the court will appoint a representative—usually a spouse, adult child, or close sibling.

Duty to the Survivors

Even though the personal representative is the one who signs the legal documents and speaks with the attorneys, they do not act for themselves. They have a legal duty to act in the best interests of the “real parties in interest”—the surviving spouse and next of kin who have suffered from the loss.

The Statute of Limitations: Deadlines for Filing

In Illinois, you cannot wait indefinitely to file a lawsuit. There are strict deadlines known as the statute of limitations.

• General Rule: Most nursing home wrongful death cases must be filed within two years of the date of death.
• Intentional Acts: If the death was the result of “intentional violent conduct” (such as a physical assault), the deadline may be extended to five years.

Failing to meet these deadlines usually results in the permanent loss of the right to seek compensation. It is vital to consult with a legal professional early to ensure all evidence is preserved and deadlines are met.

Damages: What Families Can Recover

The goal of a wrongful death claim is to provide financial “damages” to the surviving family members. In Illinois, these damages are divided into several categories:

Grief and Mental Suffering

Illinois law specifically allows families to recover for the “grief, sorrow, and mental suffering” caused by the loss of their loved one. This acknowledges that the value of a human life is not just measured in dollars and cents, but in the emotional bond that was severed.

Financial Losses

Families can seek reimbursement for funeral and burial expenses, as well as any medical bills incurred between the time of the injury and the time of death. If the resident was still providing financial support to the family, the loss of that future support can also be calculated.

Loss of Instruction and Companionship

Children and spouses can seek damages for the loss of “consortium”—the loss of the guidance, love, and companionship the resident would have provided had they lived.

How the Proceeds are Distributed

It is a common misconception that the money from a lawsuit goes into the “estate” to pay off the deceased person’s debts. In Illinois, the proceeds of a wrongful death claim are for the sole benefit of the surviving spouse and next of kin. These funds are generally protected from the creditors of the person who passed away, ensuring the compensation goes directly to the grieving family.

Are Nursing Homes Liable for a Staff Member’s Neglect or Abuse?

One of the most common questions families have after losing a loved one due to a nursing home staff member’s neglect or abuse involves who can be sued. Under the legal doctrine of vicarious liability, both the staff member and the facility may be held liable. This is because, as a general rule, employers are responsible for the negligent acts of their employees. If a nursing home employee was acting within the scope of their employment when they caused a resident’s death, the nursing home can be held financially responsible.

Additionally, in some cases, family members can pursue a claim of primary liability against a facility. Unlike vicarious liability, these claims are based on the negligence of the facility itself. For example, understaffing, failure to train nursing home staff members, and failure to protect residents from threats presented by third parties can also form the basis of a nursing home wrongful death lawsuit.

Contact Our Will County Nursing Home Wrongful Death Lawyer

If you have lost a loved one in an Illinois nursing home, Fotopoulos Law Office is here to help. For more than 20 years, we have been advocating on behalf of injury victims and their families. We understand what your family is going through, and we will work to make the process of pursuing compensation from a negligent nursing home as easy on you as possible. To schedule a free consultation with an Illinois nursing home neglect and abuse lawyer, contact our office at 708-942-8400.