August 8, 2012
An Illinois man’s lawsuit against a La Salle County nursing home has been brought to an appeals court to determine if the nursing home can be sued even though it is government run. The man is suing on behalf of a female family member who sexually abused by a fellow nursing home resident with a history of sexual abuse.
The family is seeking at least $250,000 in damages saying the nursing home was negligent in protecting the woman. A county circuit judge ruled earlier in the year that the nursing home cannot be sued because it is run by the government and has tort immunity.
A nursing home abuse attorney for the family argued that the judge misinterpreted the law saying that nursing homes are not specifically granted protection in these cases. The appeals court is scheduled to rule on the case in the fall.
Three other lawsuits were filed in this case of sexual nursing home abuse and all were settled out of court.