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Posted On: November 13, 2009 by Steven J. Malman

Chicago Nursing Home Negligence Lawsuit Accuses West Side Assisted Living Facility of Failing to Properly Supervise Mentally Ill Patient Who is Now Pregnant

The daughter of a mentally ill nursing home patient is suing Pavilion Health and Treatment Center for Chicago nursing home negligence. The patient, Felicity Daniels, became pregnant after having sex while staying at the facility. Her baby is scheduled to be born in early January.

Because of the 42-year-old woman’s mental state, her daughter Tekia says that her mother cannot have consensual sex because she is unable to consent to such acts. Tekia’s Chicago nursing home neglect complaint is accusing staff members of failing to properly supervise Felicity and neglecting to protect her from the sexual advances of employees or other patients. Tekia’s Chicago nursing home neglect lawyer is accusing the West Side facility of violating the Illinois Nursing Home Care Act.

Felicity has been institutionalized since 1996. Charged with stabbing her stepfather to death, she was found not guilty by reason of insanity.

Failure to Supervise Nursing Home Residents
Illinois nursing homes are supposed to properly supervise patients so that they do not get hurt or harm themselves or others. This includes making sure that patients do not become the victims of violent or sexual crimes by other residents, nursing home employees, visitors, or intruders. It also means monitoring residents so that they don’t wander off or get lost, making sure they are properly fed and hydrated, and protecting them from fall accidents.

Because some patients are mentally ill they may not be capable of making certain decisions or choices for themselves. In these instances, a nursing home may be required to involve family members and/or the patient's doctor.

Mentally ill patients have special needs that nursing home workers must be mindful of when caring for them. Some advocates for the mentally ill have expressed concern that these patients are not getting the nursing care they need when staying in Illinois assisted living facilities. Not providing that care of attention can be grounds for a nursing home neglect lawsuit if the patient gets hurt, dies, or experiences harm in some other way.


Nursing Home Allowed Schizophrenic Woman to Get Pregnant: Lawsuit, NBC Chicago, November 11, 2009

Advocates for the Mentally Ill Criticize Illinois Nursing Homes, Housing Options, Truthout, November 13, 2009


Related Web Resources:
Illinois Nursing Home Care Act

Illinois Nursing Homes

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