Legal Question in Personal Injury in Illinois

Yes, this is potentially a negligence claim for failure to monitor. His damages are serious as well. You should speak with any attorney who handles torts, and avoid talking to the hospital because any statement will be used against him.

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Your father should consult with a personal injury attorney to see if he has any claims under the Nursing Home Care Act. Injury lawyers offer free consultations and work on contingency fee.

Consult with an attorney. Personal Injury Attorneys offer free consults and get paid out of the recovery, so you pay no "up front" attorney fees.

If your father fell at a nursing home, then yes, the Illinois Nursing Home Care Act, provides the basis for a claim. If the fall occurred in the hospital, it is a medical malpractice case. In either scenario, the NH or hospital staff had a duty to assess what specific factors created your father's high risk for falls, and then implement an appropriate plan of care to protect him against injuries due to falls.

Removing an alarm, which is intended to protect against falls, for no valid medical reason, may be a negligent act. Your father's recourse is to present a claim against the NH or hospital to recover compensation for pain and suffering, medical expenses and loss of the ability to engage in his normal activities.

Attorneys working in this area of law do work on contingent fee basis - they get paid only if successful in obtaining recovery.

Also, I would suggest keeping a close eye on your father. Elderly fall victims are at risk for a variety of complications once a fracture occurs.

Your father definitely has a case worth investigating in order to determine exactly what happened, why it happened, how it happened and what caused his injuries. You need to obtain the medical records as soon as possible and take them to an experienced malpractice and injury victims lawyer. You should do so promptly.