THE LAW OFFICES OF
BARRY G. DOYLE, P.C.
100 W MONROE ST.,
STE 2100
CHICAGO, IL 60603
PHONE: 312.263.1080
FAX: 312.263.0153
Chicago Personal Injury Law Blog
Serving Chicago, Rockford, Aurora, and Surrounding Areas
Monday, June 30, 2008
Nursing home resident murdered by roommate
A resident of the All Faith Pavilion nursing home is now being held in Cook County Jail on a half million dollar bond, facing murder charges after he was accused by authorities of beating his roommate to death with an alarm clock. The former nursing home resident -- now murder defendant -- was 50 years old and suffering from dementia. The now deceased roommate was 78 years old at the time of his death.
One of the striking things about this story, besides its tragic nature, is the age difference between the two men and the disease from which the younger suffered. Many nursing homes accept patients with mental illness. There is absolutely nothing wrong with that, but many nursing home residents suffering from mental illness do not suffer from the physical frailties that most people think of when they think of nursing home residents. When a younger, physically fit but mentally ill nursing home resident behaves aggressively towards an older resident with physical handicaps, there is high potential for the older resident to suffer serious injury. Our office is currently handling another matter where an elderly nursing home resident was attacked by a younger, mentally ill resident and was seriously injured.
There are two important things for nursing homes to keep in mind if they choose to accept residents with mental illness. One is the patient mix: is accepting one resident likely to put other residents at risk. The other key issue is staffing levels. The nursing home must have enough people on hand to observe the behaviors of residents with mental illness and to intervene in any aggressive behavior by residents towards other residents in the facility. While Illinois Department of Public Health regulations spell out a numerical formula that facilities must meet for staffing levels, federal regulations require that there be enough staff to meet the needs of the residents on a 24/7 basis. Failing to have adequate staffing levels can be a violation of the Illinois Nursing Home Care Act.
The family of this murder victim may have a legitimate basis for pursuing a wrongful death lawsuit against the facility. This facility is under new management, but has a long history of substandard care towards its residents.
One of the striking things about this story, besides its tragic nature, is the age difference between the two men and the disease from which the younger suffered. Many nursing homes accept patients with mental illness. There is absolutely nothing wrong with that, but many nursing home residents suffering from mental illness do not suffer from the physical frailties that most people think of when they think of nursing home residents. When a younger, physically fit but mentally ill nursing home resident behaves aggressively towards an older resident with physical handicaps, there is high potential for the older resident to suffer serious injury. Our office is currently handling another matter where an elderly nursing home resident was attacked by a younger, mentally ill resident and was seriously injured.
There are two important things for nursing homes to keep in mind if they choose to accept residents with mental illness. One is the patient mix: is accepting one resident likely to put other residents at risk. The other key issue is staffing levels. The nursing home must have enough people on hand to observe the behaviors of residents with mental illness and to intervene in any aggressive behavior by residents towards other residents in the facility. While Illinois Department of Public Health regulations spell out a numerical formula that facilities must meet for staffing levels, federal regulations require that there be enough staff to meet the needs of the residents on a 24/7 basis. Failing to have adequate staffing levels can be a violation of the Illinois Nursing Home Care Act.
The family of this murder victim may have a legitimate basis for pursuing a wrongful death lawsuit against the facility. This facility is under new management, but has a long history of substandard care towards its residents.
posted by Barry Doyle at 9:54 PM
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