Lawsuit: Nursing home failed to protect patient from resident with ‘violent criminal record’

Lawsuit: Nursing home failed to protect patient from resident with ‘violent criminal record’


By Bridget Doyle TribLocal reporter Today at 1:01 p.m.

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Anibal Calderon and his wife, Bertha. (Photo submitted by Diane Crossman)

The family of an Alzheimer’s patient who died after a physical altercation with another patient at Oak Park Healthcare is suing the west suburban nursing home for wrongful death, according to a press release issued Thursday by the family’s lawyers.

The lawsuit, filed Wednesday by Chicago-based Levin and Perconti, alleges the facility violated federal and state nursing home regulations in failing to protect patient from physical abuse and failing to provide appropriate supervision, according to the press release.

Anibal Calderon, an 80-year-old resident of the Oak Park Healthcare Center, “was assaulted by a 66-year-old resident with a violent criminal record and felony background,” according to the press release.



Calderon died Feb. 14 after head injuries suffered during the fight at the facility two days earlier.



A receptionist at Oak Park Healthcare who declined to give her name said the facility had no comment Thursday.

His death was ruled a homicide, according to the Cook County Medical Examiner’s office.

Police have not charged anyone with a crime and have not released the name of the suspect. Oak Park police also have not released any information on the suspect’s record.

The lawsuit also alleges Oak Park Healthcare failed to promptly report and investigate all suspected physical assault and abuse at the facility, according to the release.

Illinois Department of Public Health had investigated the incident, but has not yet issued its report. Spokeswoman Melaney Arnold said the state will make the inspection report on the facility public either Friday or early next week.

Check back to TribLocal.com for updates.

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http://triblocal.com/oak-park-river-forest/2012/03/08/lawsuit-nursing-home-failed-to-protect-patient-from-resident-with-violent-criminal-record/