Nash vs. Symphony Crestwood, Llc

Introduction:

This case involved an elderly woman who sustained numerous injuries while living at a nursing home. The plaintiff who brought this case on her behalf suggests that they were the result of the home’s misconduct.

Filed: September 15, 2016

Jurisdiction: Circuit Court of Illinois, Cook County

Category: Nursing Home; Wrongful Death; Falls

Plaintiff: James Nash, as Independent Administrator for theEstate of Lb Holmes

Defendant(S): Symphony Crestwood, LLC

Summary:

This action was brought in Cook County, Illinois by James Nash on behalf of Lb Holmes after a series of events led to her death on December 18, 2014. Within the complaint, Nash states that Symphony of Crestwood should have known about Holmes vulnerability to falls and the damage to her health that would result from them. However, despite this alleged knowledge, Holmes fell on multiple occasions resulting in serious injuries including a fractured hip. Doctors actually even needed to perform surgery to repair her hip. Following her death, Nash brought this against thefacility where she was living. It was an action for survival and wrongful death. The particulars of his claims will be discussed next.

Claims/Damages:

While the nature of wrongful death and survival actions might seem similar, they do maintain distinct identities. However, the plaintiff did borrow from similar complaints to make a case for each. Here arethe main points of his case and the damages he sought as a result:the facility did not adequately monitor or supervise her; it did not sufficient services or staff to the decedent; it did not create or put in place a plan to prevent falls; it did not properly train its staff; and it did not timely or sufficiently investigate or discover her injuries.

As a result of these failures, the plaintiff claimed the following damages:

  • Holmes’ physical injuries including a broken hip as well as theresulting pain
  • Medical expenses to fix the injuries caused by the defendant’s misconduct
  • Disfigurement and disability
  • Loss of companionship on behalf of her next of kin including grief and sorrow

Insights:

  • There is a clear difference between wrongful death and survival actions. The former allow next of kin to sue the person that causedthe death for the injuries they sustained because of the passing. The latter maintains the decedent’s ability to sue even after his or her death.
  • While you might assume wrongful death damages when theplaintiff dies, the estate first has to show that the defendant’s conduct caused the death. That is not always definitively done in a complaint but must be drawn out in court in order to obtain this kind of compensation.
  • Fall cases arising from nursing homes tend to receive compensation amounts on par with the average compared to other kinds of injuries; however, the resulting death could raise therecovery potential in this particular suit.

Relevant Laws:

  • 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

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