The Illinois Nursing Home Care Act is one of the few instances where civil remedies like personal injury litigation are encouraged. It makes sense that under the Act, Section 622 affidavits are not required in order to bring a claim for nursing abuse.
Under the Illinois Nursing Home Care Act, "actionable neglect includes a failure to provide adequate "personal care" which failure results in physical injury to the resident.
In this framework, "personal care" is usually includes assistance with "movement, bathing or other personal needs or maintenance, or general supervision and oversight of the physical and mental well-being" of the resident. 210 ILCS 45/1-117 and 210 ILCS 45/1-120.
Potentially responsible parties:
- Owner of Nursing Home;
- Nursing Home;
- Stockholders (considered owners).