Nursing Home Assault Lawsuit Filed After Man Beaten to Death

A Chicago area nursing home faces a wrongful death lawsuit brought by the family of a man who died while living at the facility, after he was attacked by another resident. 

The family of Anibal Calderon filed the nursing home neglect lawsuit earlier this month against Oak Park Healthcare. Calderon, 80, died on February 14 due to head injuries suffered in an attack by a 66-year-old resident living at the same facility. The death has been ruled a homicide.

According to the complaint, the nursing home failed to protect Calderon, violating state and federal nursing home regulations. The family alleges that the nursing home failed to provide proper supervision that could have prevented the fight between the two residents, which occurred two days before Calderon’s death.

The 66-year-old resident who committed the nursing home assault, had a violent criminal record and felony convictions, the lawsuit claims. Both men were in the Alzheimer/dementia ward of the facility and had a history of disagreements.

Calderon was found unconscious in the ward on the evening of February 12. He was rushed to a nearby hospital, but died two days later of a traumatic brain injury caused by blunt trauma to the head.

According to the Illinois Department of Public Health, the nursing home failed to immediately report the incident, as required by law. The facility is now under investigation.

Oak Park was cited as recently as December for failing to provide information to staff members on the dangers of at least 19 residents with criminal histories.

The lawsuit claims that Careplus Management, Inc., which manages the nursing home, failed to hire and train nurses appropriately and ignored complaints and problems.