Our Chicago nursing home neglect lawyer Susan L. Novosad recently filed a new Illinois nursing home neglect lawsuit on behalf of a suburban client who passed away because of inadequate care at a local facility. The suit was filed by a family member of the woman who was killed by the negligence-a common occurrence in these situations. In this case the woman who filed the suit was the victim’s sister; she has been appointed special administrator and special representative of the estate. The facility in question is the Woodstock Residence, a facility owned and managed by an Illinois company.
The complaint against the facility alleges several different complaints against the involved parties. Statutory claims pursuant to the Illinois Nursing Home Care Act as well as common law negligence claims were alleged to have been violated by the Woodstock Residence and its employees when they failed to provide the care to the victim demanded by law. The common law claims include both regular negligence causes of actions as well as claims for wrongful death. Each stems from the same misconduct on the part of the nursing home, however they are based on slightly different theories of recovery and require different elements be shown for the plaintiff to succeed. However, this should be distinguished from claims proffered in the alternative. In this case, the plaintiff could succeed on each cause of action simultaneously. The elements can all be shown true, unlike some cases where two alternative theories are proposed in which only one could actually have occurred.
The victim was only 61 years old when she passed away while living at the Crossroads Care Center in Woodstock, Illinois. She had lived at the facility for roughly the previous eleven months. The day before her death, the victim showed a clear change in medical condition, exhibiting signs of trouble that should have been noticed by the employees of the care center. However, the staff members at the home failed to identify the problem or notice her deteriorating physical condition. This improper observation meant that the resident did not receive the medical attention that she needed. The resident was eventually found unresponsive in her room. However, no reasonable steps were taken to resuscitate the victim when it was clear that she was need of emergency assistance. As a result of these lapses, the victim eventually passed away.
Every Chicago nursing home neglect lawyer at our firm knows that one of the most basic requirements placed upon nursing homes under both the common law and nursing home statutes is to properly notice changes in medical condition. One of the primary reasons that many residents enter these facilities is specifically because they may suffer serious medical problems at any moment, and close observation needs to be provided to notice the problem and ensure proper treatment. When nursing home employees fail to notice changes in condition that they reasonably should have caught then the rights of those victims have been violated. The civil justice system provides avenues for those who suffered in this way (and their surviving family members) to seek redress for the Illinois nursing home neglect on these occasions.
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