IDPH has cited and fined Alden Estates of Northmoor nursing home in Chicago after a resident there was sexually assaulted by a staff member.
The resident at issue was a female, 34 years old and alert and oriented x1. She suffered from incontinence and used an adult diaper.
On the night of the occurrence, a nurse was walking down the hallway and saw a male member of the housekeeping staff standing in the resident’s room at bedside with his hand inside her disposable brief. The nurse went into the room and confronted him. He explained that he was picking up a diaper in the trash and left before he could be questioned further. The nurse got another staff member to watch the resident while she alerted the Director of Nursing who called the police. The staff member was placed under arrest.
The members of the nursing staff did the right thing. The nurse who saw something being done wrong stopped it, protected the resident, and reported it. The DON called the police and obtained medical care for the resident.
This does not mean that the nursing home will escape liability. Illinois has a specific statute called the Nursing Home Care Act which imposes liability on the nursing home for negligent or intentional acts which injure a resident. This kind of nursing home abuse is squarely covered by that provision.
You would actually think that a special statutory provision like that would be unnecessary, but when it comes to criminal acts by their employees employers (not limited to nursing homes) usually try to defend the case by claiming that the act by the employee was outside the scope of their employment. Having this provision in places smooths the road for victims and their families to receive compensation.
One of our core beliefs is that nursing homes are built to fail due to the business model they follow and that unnecessary accidental injuries and wrongful deaths of nursing home residents are the inevitable result. Order our FREE report, Built to Fail, to learn more about why. Our experienced Chicago nursing home lawyers are ready to help you understand what happened, why, and what your rights are. Contact us to get the help you need.
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