Thomas vs. Windmill Nursing Pavilion

Introduction:

The plaintiff in this case was an infirm man with a variety of medical needs. When he did not adequately receive them from the nursing home he was residing at, his estate promptly sued for damages.

Filed: January 26, 2016

Jurisdiction: Circuit Court of Illinois, Cook County

Category: Nursing Home; Dehydration; Malnutrition

Plaintiff: Leonard Thomas, Jr., Independent Administrator of theEstate of Leonard Thomas, Sr.

Defendant(S): Windmill Nursing Pavilion, Ltd.; The Ingalls Memorial Hospital, Inc.

Summary:

Leonard Thomas was living at the Windmill nursing home just before his death in early of April, 2014. According to the allegations contained within the complaint, the facility staff should have had knowledge of Thomas’ conditions and medical risks at least as early as March 21, 2014. Some of the issues included dehydration, renal failure, and malnutrition. Unfortunately, in the opinion of the plaintiff, Windmill personnel did not take appropriate action and as a result Thomas suffered serious injuries including seizures and complications due to dehydration and malnutrition. After Thomas passed away, his son brought a lawsuit on his behalf in order to recover for the injuries he sustained.

Claims And Damages:

This complaint listed three counts. They mostly revolved around negligence complaints centered against Windmill. As justification for his pleas, here are some of the claims leveled against thedefendants: they neglected him and left him vulnerable to dehydration, malnutrition, and renal failure; they did not provide enough supervision of him; they did not construct or carry out a sufficient care plan for his stay; they did not properly care for his dementia; and they did not provide enough care or treatment to comply with their statutory obligations as a nursing home.

Because of these failures, the plaintiff alleges that the decedent sustained the following injuries and damages:

  • Physical injuries including strokes, seizures, malnutrition, and dehydration
  • Financial losses included increased medical bills
  • Disfigurement and disability
  • Suffering and pain

Insights:

  • Explaining exactly why the nursing staff should have had knowledge of the decedent’s health conditions will be critical to theplaintiff’s case.
  • The decedent’s dementia might have had an impact on the kind of care that the defendant could have provided him. This could muddy the waters and should compel the plaintiff’s counsel to crystallize how it had no impact as opposed to the defendants’ supposed misconduct.

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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