Avila vs. Long Grove Pac, LLC

Introduction:

This case reads like a long string of mistakes that eventually end in the death of a nursing home resident: missed medications, bed sores, complications, and so forth.

Filed: July 29, 2016

Jurisdiction: Circuit Court of Illinois, Lake County

Category: Nursing Home; Neglect; Bed Sores; Wrongful Death

Plaintiff: Diane Avila

Defendant(s): Long Grove Pac, LLC, d/b/a Avantara Long Grove

Summary:

Julia Cepeda was admitted to the Avantara Long Grove (formerly d/b/a the Arlington Rehabilitation And Living Center) on September 3, 2014. At that time, she was suffering from a number of medical conditions including: a broken femur, coronary artery disease, Diabetes, hypothyroidism, and complications due to a toe amputation, among other things. Therefore, upon her admittance, she reasonably expected that Avantara would provide her quality care and residence so that she could recover and get better. According to a recently filed lawsuit, the administrator of her estate claims that she did not get this kind of care. Instead, she was neglected and her conditions worsened. Things got so bad that she even developed bed sores and infections that would take her life. The suit that followed sought justice and compensation for this chain of events.

Claims and Damages:

The cause of action that the plaintiff brought in this case rested largely on statute and regulations. However, in laymen’s terms, here are some of the main complaints that constitute the lawsuit: the defendant did not provide the requisite care, attentions, supervisions, staff, or services that state/federal laws and regulations require; the defendant did not protect against the rise of or spread of bed sores; the defendant did not communicate with plaintiff’s doctors or heed their instruction; the defendant did not form an adequate plan of prescription for the plaintiff; the defendant neglected the plaintiff, etc. The list of actual claims that the plaintiff draws out in the complaint are too many to list but the essential scheme of the suit is that the neglect and inadequate care led to the plaintiff’s deteriorating condition and death. As such, here are some of the damages that the plaintiff claims in the suit:

  • Death
  • Deteriorating physical condition
  • Pain and suffering
  • Survival damages
  • Medical and other financial losses

Insights:

  • The problem this case might face is that the decedent already had so many medical conditions prior to entering the nursing home. Therefore, it will be the task of plaintiff’s counsel to identify the exact wrongdoing of the defendant and connect it to specific injuries while separating her pre-existing injuries.
  • This case is also one for wrongful death. However, the jury will likely weigh how much time the decedent had left anyway before finding the defendant complicit in her death. Thus, a strong case must be made for what was taken from her through the misconduct of the nursing home.

Related Laws/Cases:

  • 210 ILCS 45/
  • 210 ILCS 45/3-601
  • 210 ILCS 45/3-602
  • 755 ILCS 5/27-6
  • 740 ILCS 180/1
  • 42 USCA §1396r

Next Up:

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