This week our Illinois nursing home attorney Susan Novosad officially submitted a complaint in a new Illinois nursing home neglect lawsuit against ManorCare of Westmont. The case stems from the death of a former resident at the facility. The victim was in her late 80s when she entered the facility in November of 2009; she died less than a year later. Unfortunately, the record indicates that in her time at the facility the resident did not receive the level of care to which she was entitled under Illinois law. This mistreatment ultimately helped precipitate the woman’s death.
Attorney Novosad filed the complaint this week against the facility and its parent company alleging statutory violations of the Illinois Nursing Home Care Act as well as common law negligence and wrongful death claims. The neglect was evidenced most clearly by the fact that the resident developed multiple pressure sores during her time at the ManorCare nursing home. Of course, one of the main duties owed to resident of a long-term facility is the prevention of these sores. As blog readers are well aware, pressure sores are virtually always preventable skin problems. They develop only when the care provided to residents is inadequate.
In the case of this latest victim, she should have been identified as being at high risk for pressure sore development upon her admission to the facility. Knowing that she was likely to develop these painful, potentially-deadly conditions, the staff members at the facility should have enacted a protocol to ensure that she did not develop the problem. Sadly, the facility failed in that duty. As a result the victim developed multiple pressure ulcers which eventually became infected.
The injuries that the resident suffered as a result of this Illinois nursing home neglect were severe. Her overall physical, mental, and psychosocial well-being deteriorated following the problems. The multiple pressure sores were particularly painful-one of them included a stage IV sacral decubitus ulcer. The sores became infected, which eventually contributed to her death eleven months after she arrived at the home.
The common law claims against the facility similarly allege that the basic duty of care owed to the resident was breached in this case. The victim suffered a variety of injuries as a result of her not receiving the level of nursing home care to which she was reasonably entitled. That includes pain and suffering, disability, disfigurement, medical expenses, and other losses. According to the state’s survival statute, the special administrator of the victim’s estate is entitled to receive compensation for those losses which are to be added to the woman’s estate.
Continue reading ›