Your aunt's decline is probably due to a multitude of factors, including her age and MS. You would like not get anywhere with a suit against the nursing home but if you think it is worth pursuing, bring all of her medical records to an experienced elder care or med mal attorney for a more detailed analysis and opinoin.
I completely agree with Attorney Goldstein.
I would recommend you find an expereinced attorney
in nursing home litigation to review your grandmother's
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
The answer to your question is yes, if there is a factual basis for a cause of action, the person/people who have been harmed may seek compensation for their injury/ies. The first step is for the person who is her agent or guardian to obtain her complete chart (medical records) from the old nursing home and seek the advice of an attorney experienced in healthcare, medical malpractice and nursing home litigation.
Of course, as always this answer is general in nature, applies only to Illinois law, assumes certain facts omitted from the question and does not take into account any facts specific to any person’s particular circumstances. No attorney/client relation is created hereunder and I highly recommend you seek first the counsel and advice of an experienced contested civil litigator prior to taking any actions relating to this matter, as seemingly insignificant actions may have unintended consequences.
Yes, you can sue the old nursing home for your grandmother getting bedsores; however you must show negligence on the part of the nursing home. Nursing homes are required to prevent the development or worsening of bed sores. Nursing homes are obligated to identify individuals at risk for bed sores and form and implement a care plan to prevent bedsores also known as pressure ulcers. There are numerous risk factors for the development of pressure ulcers. Nursing homes can prevent the formation of pressure ulcers by constantly turning and repositioning residents to relieve pressure on any certain area of the body. There are pressure relieving devices such as special mattresses, beds, heel protectors and boots which can help prevent pressure ulcers. When a resident develops bed sores in an Illinois nursing home due to nursing staff negligence, then there is a valid cause of action. This is a highly specialized area of law, and you will need an Attorney who possesses the necessary expertise in Nursing Home actions. That Attorney will be able to determine if the Nursing Home failed to live up to its duty of care. Please feel free to contact me after Christmas at email@example.com or call my office at 847-253-7500 and I can refer you to one of the leading law firms handling this type of matter. Good luck.
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