When an elderly person in a nursing home has a seizure, the facility is not automatically responsible for the seizure or any resulting injuries. While it is true that a nursing home can’t predict when or where a seizure will happen, the facility could be responsible for a slow response or poor safety measures. In some cases, a nursing home’s actions may even contribute to a seizure.
At Nursing Home Injury Center, we can investigate neglect in long-term care facilities related to seizures. If your loved one suffered preventable harm, our Peoria, IL nursing home injury attorneys can help you hold the right people accountable. We operate as a small division of a larger firm, allowing us to provide one-on-one help to clients while still being able to use the greater resources of the larger firm during an investigation.
What Nursing Home Errors Increase the Risk of a Seizure?
A seizure can happen fast. For a nursing home resident, a seizure can also lead to a fall, a head injury, or worse. When a nursing home fails to watch a resident closely or fails to follow a care plan, a seizure can turn into a much bigger injury. Many nursing home residents have health conditions that make seizures more likely. Some residents have epilepsy. Others have had a stroke, a brain injury, or a serious infection.
Staff members should know which residents face this risk and take steps to protect them. When a nursing home cuts corners on care, the possibility of harm increases. Some common errors include the following:
- Giving a resident the wrong medication or the wrong dosage
- Failing to give seizure medication on schedule
- Stopping a seizure medication suddenly without medical guidance
- Missing a dangerous interaction between a resident’s prescriptions
- Failing to treat an infection or severe dehydration that can trigger a seizure
- Ignoring a known drug allergy or bad reaction to a new prescription
Under the Nursing Home Care Act, nursing homes must provide proper care to their residents. Neglect can include failing to provide adequate medical or personal care needed to protect a resident from harm. When a facility fails to provide that care, a resident can suffer preventable harm.
When Is a Nursing Home Legally Responsible for Seizure-Related Injuries in 2026?
A nursing home can be held responsible when its neglect leads to a seizure or makes a seizure more dangerous. Seizures often cause a person to lose control of his or her body. During a seizure, a resident can fall out of bed, strike his or her head on furniture, or choke. Serious injuries or even death can occur when staff fail to plan around seizures.
For example, a nursing home may fail to place a resident in a safe position after noticing signs of a seizure. Staff may also fail to clear the area around a resident who is at risk. A facility could ignore a doctor’s orders about seizure precautions. In some cases, staff members do not respond quickly once a seizure begins, which can allow an injury to become more severe.
A facility can also be responsible if it failed to supervise a resident with a known seizure history. If a resident with a known seizure history is left alone in a risky place, such as a shower, and then has a seizure, the nursing home may share fault for the injuries, particularly if staff had already been warned about the risk. Courts look at whether the facility knew about the risk and whether it took reasonable steps to reduce that risk.
What Compensation Is Available for a Loved One Who Suffered a Seizure in a Nursing Home?
A successful claim can help a family recover money for the harm their loved one suffered. Compensation depends on the injury, the level of neglect, and the losses the family can prove. An attorney can review medical records, staffing logs, and care plans to determine what kind of payment might be available. A nursing home claim can account for:
- Medical bills for treatment after the seizure
- Costs of ongoing care, therapy, or rehabilitation
- Pain and suffering caused by the injury
- Compensation for a wrongful death, in the most serious cases
- Costs tied to moving a loved one to a safer facility
Every case is different. A strong claim relies on clear evidence showing how the nursing home’s actions – or lack of action – led to harm.
What Are the Dangers of Using Chemical Restraints to Treat Seizures in Nursing Homes?
Some nursing homes use medication to control behavior rather than to treat a real medical need. This practice is known as a chemical restraint, and it can be dangerous for residents who have seizures, especially when a facility uses it again and again instead of addressing the real cause of a resident’s behavior.
Certain sedatives and antipsychotic drugs can lower a person’s alertness and slow breathing. These drugs can also make a resident drowsy or less responsive, which may make it harder for staff to notice when something is wrong.
Overuse of chemical restraints doesn’t just create a short-term risk. Long-term use can weaken a resident’s muscles, worsen confusion, and lead to a steady decline in mobility. A resident who is kept sedated for weeks or months may lose the strength to walk safely, which raises the odds of a fall.
Federal and state regulations limit the use of chemical restraints in nursing homes. A facility should only use these drugs when medically necessary, and only after less restrictive options have been tried. When a nursing home relies on chemical restraints for convenience, rather than care, residents can suffer serious harm.
Contact a Peoria County, IL Nursing Home Neglect Attorney
Nursing homes often try to avoid taking full responsibility for clear acts of negligence, but that shouldn’t deter you from taking action. If your loved one suffered a seizure due to poor care in a nursing home, contact our Peoria, IL nursing home injury lawyers at Nursing Home Injury Center or call 309-524-6900 to discuss your case in a free consultation.
