In most cases, yes. Illinois law allows nursing home residents who are harmed by negligent care to take legal action against the facility responsible and seek compensation for their injuries. If your parent is physically or mentally unable to take legal action on their own, a legal guardian or court-appointed representative can file the lawsuit for them. When a bedrail injury leads to death, the personal representative of your parent’s estate may bring a wrongful death claim instead.
The right legal path depends on your family’s specific situation, and speaking with a nursing home abuse attorney in Chicago early on is the best way to protect your rights and interests. For now, keep reading to learn more about how these lawsuits work.
What Does the Illinois Nursing Home Care Act Say About Bedrail Injuries?
The Illinois Nursing Home Care Act was written to protect residents from substandard and harmful treatment in long-term care facilities. It gives residents a private right of action, which means your parent can sue the nursing home directly.
Under Section 3-601, a facility’s owner and licensee are on the hook for any negligent or intentional act by their staff that injures a resident. Section 3-602 takes it a step further by entitling the injured resident to actual damages plus attorney’s fees and costs. The Act also voids any contract clause that tries to take away a resident’s right to file suit or request a jury trial.
In bedrail cases, negligence often looks like staff installing rails without evaluating the resident’s risk level, using the wrong size equipment, or failing to check on the resident often enough to catch an entrapment before it turns deadly.
What Types of Claims Can My Family Bring?
A bedrail injury case in Illinois may involve more than one legal claim. Each one targets a different responsible party or type of failure.
- A negligence claim under the Nursing Home Care Act focuses on the facility itself, such as poor monitoring or a failure to follow basic safety protocols
- A product liability claim goes after the manufacturer or distributor of a bedrail that was poorly designed or lacked proper safety warnings
- A wrongful death claim in Chicago applies when the injury proved fatal, allowing the estate’s personal representative to seek compensation for surviving family members
- A survival action recovers damages for the pain your parent went through before passing, separate from any wrongful death recovery
A personal injury attorney can sort out which claims apply and make sure no responsible party goes unaddressed.
Steps Families Should Consider After a Bedrail Injury
Moving quickly after you discover a bedrail injury gives your family the best chance of building a solid case. These steps can help protect your parent’s rights:
- Ask for copies of your parent’s medical records, care plan, and any incident reports the facility created
- Take photos of the bedrail setup, the bed, and any visible injuries
- File a complaint with the Illinois Department of Public Health to trigger a formal investigation
- Talk to a lawyer who regularly handles nursing home negligence cases in Illinois
The sooner you take these steps and speak with a Chicago product liability lawyer, the better your position will be when it comes time to pursue compensation.
Schedule a Free Consultation With Meyers & Flowers About Your Parent’s Bedrail Injury
Your parent relied on their nursing home to keep them out of harm’s way. If that trust was broken by a preventable bedrail injury, Illinois law gives your family a clear path toward liability.
Meyers & Flowers is here to help you make the most of your claim. Contact us today at (630) 576-9696Â to schedule a free initial consultation.