Nursing Home Sued After Man Is Killed by Fellow Resident

Salem Village nursing home is being sued by the family of a former resident who was beaten to death by another resident in the same facility. The lawsuit was filed a few days after the nursing home announced that it was shutting its doors and closing down for good.

According to the lawsuit, the killer was known to staff as “a ticking time bomb” with anger issues and a history of violence. He routinely engaged in threatening and abusive behavior toward staff and other residents. On November 17, in the presence of nursing home staff, he threatened the decedent, grabbed him out of his seated walker, and began punching him in the head, knocking him to the ground. Ultimately, he killed the decedent in plain view of staff members who failed to intercede during the fight. Once the victim was on the floor, the killer, who has since been charged with first-degree murder, began beating the victim in the head with his own walker. The decedent began experiencing seizure-like symptoms and staff eventually called the fire department. By the time emergency medical staff responded, the victim was already dead.

Elements of negligence 

According to the lawsuit filed against the nursing home, Salem Village staff failed to properly monitor both the decedent and his killer and failed to keep the decedent safe from harm. The lawsuit contends that the nursing home should have employed the use of safety measures to prevent assaults. In this case, the nursing home is accused of failing to intervene while a resident was beaten to death by another resident. The nursing home is further accused of failing to properly train employees on the prevention of assaults, failing to properly supervise employees, and failing to take adequate steps to protect the decedent from assaults.

Essentially, the plaintiffs are contending that the nursing home owed the decedent a duty of care to ensure his safety from other residents. Because they failed in this duty of care, the decedent was killed in a preventable assault committed by another resident. The plaintiffs are seeking a judgment in excess of $50,000 to compensate the family for the wrongful death of their loved one.

In this case, there are a lot of things that the nursing home could have done to prevent this death. Instead, the staff stood by and watched. The attack can be sectioned into two discrete events. First, the killer grabs the decedent, begins punching him, and knocks him out of his chair. Staff are watching as this happens, according to the lawsuit. At this point, someone could have intervened to protect the resident, but no one did. Then, while the resident was on the floor, the killer uses his walker as a bludgeon and ultimately causes his death.

Talk to a Champaign, IL Nursing Home Abuse Lawyer Today 

Patel Law, PC represents the interests of Illinois residents who have either sustained injury due to nursing home neglect or abuse or lost a loved one in a nursing facility. Call our Champaign personal injury lawyers today to schedule a free consultation, and we can begin investigating your claims right away.

Source:

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