This case was recently filed in Cook, County Illinois. It reads like a laundry list of all the things that could go wrong at a nursing home. It will be instructive to understand exactly how they tie their specific injuries to the claims within the complaint.
Filed: September 7, 2016
Jurisdiction: Circuit Court of Illinois, Cook County
Category: Nursing Home; Neglect; Malnutrition
Plaintiff: Darrell Langdon as Independent Executor of the Estate of Birdie Langdon
Defendant(s): Bridgeview Health Care Center, LTD., an Illinois Corporation d/b/a Bridgeview Health Care Center
Birdie Langdon entered the Bridgeview Health Care Center in early June of 2015. She was in her middle eighties at the time of her admittance. At this time, her counsel suggests that she was vulnerable to bed sores and falls among other risks. Regardless of that, according to the complaint, the facility neglected her to such an extent that she developed bed sores, broke her hip bone, suffered malnutrition, and even died. The lawsuit that was just filed targets the nursing home for violations of the Illinois Nursing Home Act as well as under the Illinois Survival Act. In the next section, we highlight the claims that they entered against the defendant in order to justify their request for compensation.
Claims and Damages:
As mentioned above, the nature of this complaint is statutory and while it relies on two different laws it draws from similar allegations to make the case. Here are the critical parts of that argument: the defendant did not create or implement a sufficient plan of care for the decedent; it did not hire, train, or supervise enough staff to adequately care for the decedent; it did not prevent or identify the risk and presence of falls and bed sores that the decedent experienced.
Birdie was survived by a son, daughter, and two granddaughters. They used the same bases to claim compensation under the Illinois Survival Act, alleging they had sustained various damages.
The lawsuit alleges that Birdie suffered various physical injuries including broken bones and bed sores as well as death. The family claims that the death caused them sorrow, grief, and a loss of support and companionship. These are the bases on which they asked the court for compensation.
- One obstacle that plaintiff’s counsel will have to step around is the age of the decedent. Defendant might claim that there was nothing it could do to stop these problems from occurring. To counter this defense, plaintiff’s counsel should marshal acceptable policies and procedures and exhibit how the defendant deviated from these.
- Wrongful death claims typically maximize compensation levels available to plaintiffs. In this case however, the plaintiff was already very old; therefore, it is important to stress the pain and suffering that the person suffered just prior to dying.
- One effective strategy to deal with the defendant’s possible technical reliance on policy is to offer emotional testimony and depositions from family to show how the death of the loved one affected them and the true cost of the alleged misconduct.
- 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