When a nursing home residents’ rights are violated which results in them being physically, psychologically, or even sexually abused, a lawsuit can be filed on their behalf.
When a person who needs around the clock care moves into a nursing home, they “do not leave their individual personalities or basic human rights behind.” They deserve to be treated with the utmost respect no matter how much care and attention they might need. Unfortunately, not all nursing home staff members show respect to the aging individuals they should be caring for but instead, take advantage of them given the vulnerable state they are in.
Family of Chicago Nursing Home Resident Sues Facility After Staff Allegedly Taunted Their 91-Year-Old Relative
It was December 2018 when the family of Margaret Collins learned that their elderly family member was being taunted by two aides at The Abington of Glenview Nursing & Rehab Center located in Chicago. According to NBC News, the family became aware of the mistreatment their relative was being subjected to after “a video surfaced on Snapchat of the aides teasing the elderly woman with a hospital gown as she struggled against them.”
The source highlighted that the video was posted with the caption “Margaret hates gowns” and there were also two laughing emojis to go along with it. Apparently, Collins was afraid of hospital gowns, and despite the staff knowing this, they used it to ‘taunt and bully” the resident. Joan Biebel, Collins’ daughter said in a statement that “they did this for their own entertainment, and posted it for their friends.” After Collins’ family contacted the facility to notify administration about the video, the two aides, Bryan Cortez, 20, and Jaime Montesa, 21, were suspended while an investigation was conducted.
After the investigation, the Illinois Department of Public Health (IDPH) reported that the allegations were “concluded to be unsubstantiated” and Cortez and Montesa were permitted to return to work. The family decided to remove Collins from Abington but given that she was “afraid of a repeat attack,” the family had to “hire a private caregiver to be with her because her health deteriorated.” Now, although the outcome of the IDPH’s investigation didn’t result in any disciplinary action being taken, because the family did report the incident to the local authorities, the two aides eventually were charged with disorderly conduct.
The source says the two confessed to having been involved in the video although Cortez stated that he was simply “playing” with Collins and that she was “playing back” with him. Montessa also told police that she had sent to the video to former co-workers but never posted it on Snapchat. As a result of all the pain and suffering Collins endured, her family decided to file suit against Abington for “failing to follow protocol and file a report with the state until the aides confessed to police and were charged.” An attorney representing the family told the source that the facility did not follow protocol when the incident was brought to the staff’s attention nor did they report it to any of the agencies they were required to notify.
In their lawsuit, the family named Abington, its parent company, and the two aides as defendants in the case and demanded more than $1 million in damages be paid.
How do I file a lawsuit on behalf of my loved one who was taunted or teased by nursing home staff?
How will a successful outcome benefit them?
Suing a nursing home isn’t exactly an easy thing to do. Many legal documents need to be filed with the court and you need to have enough evidence that will support your allegations and help you build a strong case. If you are considering suing a nursing home that is located in Chicago, IL for the way they treated your relative, we do encourage you to contact one of our Chicago, IL nursing home abuse lawyers to discuss the steps that would need to be taken to successfully do this. You need to remember that when you file a lawsuit, there is no guarantee that you will win your case, but you certainly increase your chances of securing a favorable outcome when you have Dinizulu Law Group, Ltd. representing you.
When you choose to sue for damages, which serve as a form of financial relief, and you win your case, you will likely be able to afford the quality healthcare your loved deserves, whether that involves you placing them in a private nursing home or hiring a full-time caregiver, and cover other unexpected expenses that may have arisen as a result of the abuse or mistreatment that was inflicted upon them.
If you’d like to learn more about filing a lawsuit in Cook County against a Chicago nursing home and what your relative’s case might be worth, contact us today at 1-312-384-1920 to discuss this with a compassionate nursing home abuse lawyer in Chicago, IL.
You can contact Dinizulu Law Group, Ltd. at:
221 North La Salle Drive, Suite 1100
Chicago, IL 60601