When it comes to nursing homes, many families worry about the quality of care their loved ones receive. In Illinois, nursing home negligence can sometimes cross the line into medical malpractice, but it depends on the specific situation.
In Illinois, nursing home negligence is considered medical malpractice if the harm results from improper medical care provided by a healthcare professional, such as a doctor or nurse. For example, if a resident suffers due to a medication error or inadequate treatment by a nurse, this likely qualifies as medical malpractice. What separates malpractice from general negligence is the involvement of a healthcare provider breaching the medical standard of care.
General negligence versus medical malpractice
Not all forms of negligence in nursing homes meet the definition of medical malpractice. Instances like poor hygiene, insufficient staffing or neglecting to provide basic needs usually fall under general negligence. These situations do not involve the kind of specialized medical treatment that would make it a medical malpractice case.
There is an important distinction between general negligence and medical malpractice in legal cases. Medical malpractice claims in Illinois require an affidavit from a qualified healthcare provider to confirm that malpractice occurred, whereas general negligence claims do not require such an affidavit. This difference can affect how a lawsuit proceeds, and the evidence needed to prove the case.
Whether nursing home negligence counts as medical malpractice here depends on whether it involves medical care or treatment. If a healthcare professional’s actions caused harm, it is likely medical malpractice. Otherwise, it may simply be a case of general negligence. Understanding this distinction can help you navigate legal options if you suspect your loved one has been neglected or harmed in a nursing home.