Marvin “Pete” Jacobs, a resident with a tracheostomy tube, died in February 2023 after living at the facility for six months. State records note that Jacobs required airway suctioning every eight hours to breathe properly.
Inspection reports detail that nurse Becky Sue Manning ignored repeated staff requests to clear Jacobs’ airway just before his death. Jacobs suffocated, leading to Manning being charged in March with felony wanton neglect of a healthcare facility resident. The owners of the nursing home argue that the case should be dismissed due to an arbitration agreement signed by Jacobs’ family.
Understanding Wrongful Death Claims in Illinois
Wrongful death claims in Illinois provide a legal avenue for families to seek compensation after the loss of a loved one due to negligence. The Illinois Wrongful Death Act governs these claims. The Act allows specific family members to file a lawsuit on behalf of the deceased. The law identifies the deceased's spouse and next of kin as primary beneficiaries. These individuals must prove that the defendant's actions directly caused the death of their loved one.
The statute assigns financial compensation to alleviate the emotional and financial impacts on the family. Damages may include funeral expenses, medical costs, lost income, and loss of companionship. The deceased’s estate may also recover estate-related damages through a survival action. Claimants must file a wrongful death lawsuit within two years of the death, as established by the statute of limitations.
Courts evaluate evidence to determine whether gross negligence or intentional misconduct caused the death. Plaintiffs must present valid evidence and legal arguments to establish liability, and defendants may mount rigorous defenses.
Tips for Protecting Your Loved Ones from Nursing Home Neglect
- Families should take an active role in monitoring nursing home care to safeguard their loved one's safety and well-being. Frequent visits can strengthen familial bonds and allow relatives to closely observe the facility’s conditions.
- Any unusual injuries or behavioral changes should be promptly reported to the nursing home administration or relevant authorities. By maintaining open and regular communication with staff, families encourage transparency. They can also gain a clearer understanding of the care plan being followed. Reviewing records helps ensure medications are properly administered and patient progress is thoroughly documented.
- Families must remain alert for signs of neglect, including poor hygiene, malnutrition, or unsanitary conditions. Then, they should address any concerns immediately.
- Carefully researching a nursing home's reputation beforehand helps to reduce risks and secure a safer choice for their loved ones. When neglect or abuse is suspected, families should consult a trusted legal advocate who can provide guidance and support.
Getting Help from an Attorney in a Nursing Home Neglect Case
A knowledgeable attorney at Turner Law Group can carefully assess the details of a nursing home neglect case, helping families understand their legal rights and options.
By thoroughly reviewing medical records, facility reports, and other key evidence, our team can uncover signs of neglect or abuse. Proper documentation of specific incidents strengthens the case against the responsible nursing home and supports the pursuit of justice.
We also evaluate the full impact of the harm suffered, including physical injuries, emotional distress, and financial losses, to ensure accurate damage calculations. With a deep understanding of state and federal nursing home regulations, our attorneys identify violations and advocate for accountability. Our dedicated legal approach not only helps families seek justice but also works to protect other residents from future mistreatment.
If you need to file a wrongful death claim, Turner Law Group can help. You can meet with us by contacting us online or calling our office at (800) 653-0198.