Nursing home residents are protected from abuse by fellow residents under Illinois law and federal law. Illinois’ Nursing Home Care Act (NHCA) protects residents from any intentional or negligent act or omission that causes an injury to a resident. This includes abuse committed by staff members, as well as abuse committed by other residents. If a nursing home fails to protect a resident from abuse by another resident, the nursing home may be liable for this failure.
According to a local news report, a convicted sex offender is accused of assaulting a fellow resident at a nursing home in New York. The accused resident is a 62-year-old man who was recently released from prison after serving 20 years for robbery and sexual abuse. His past history involved targeting elderly women. According to the allegations, the man entered a fellow resident’s room at night, pulled off her blanket, and molested her. He is also alleged to have touched other female residents before this incident.
A state official responded to the incident and questioned whether the state’s department of corrections communicated with the nursing home. The department of corrections said it had informed the nursing home that the man was a level-three sex offender. However, the nursing home said that it was not told of the man’s conviction until he was admitted and that they learned of it only after the police visited the facility. The home also said it could not immediately discharge him after it found out about his past because it was required to find another facility to take him before they discharged him. According to the report, after the nursing home found out about the man’s past, staff monitored him every 15 minutes and later supervised him full-time. After the alleged assault, the man was released to the state health department and police.
After this incident and another incident in which a resident died after an attack by a fellow resident, local officials pushed for new laws requiring nursing homes to inform a resident’s family within an hour of a resident suffering an injury that requires hospitalization. The law would also allow the government to review nursing home injury reports to ensure compliance. Nursing homes would also have to provide information on the frequency of altercations resulting in injuries, including those between residents and staff and those between residents.
Discuss Your Claim with a Chicago Nursing Home Lawyer
If your family member’s rights were violated by a nursing home staff member or by a fellow nursing home resident, the Chicago nursing home abuse lawyers at Moll Law Group can pursue a claim or sue the responsible entity on your behalf. We represent nursing home residents and their families in negligence claims and other related claims in Naperville, Schaumburg, Wheaton, and communities throughout Cook County. We can help you explore the scope of your options in your case. Billions of dollars have been recovered in cases in which we were involved. Contact us through our online form or call us at 312-462-1700 to schedule a free consultation.
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