The daughter of a Belleville nursing home patient is suing the facility on behalf of her dead mother for the circumstances surrounding the victim’s death.
Recently, 85-year-old Cleda Juanita Simmons was found dead at the bottom of a flight of stairs while still strapped to her wheelchair in the Midwest Rehabilitation and Respiratory Center – a long-term nursing care facility in Belleville. It is believed she was travelling down a hallway in her wheelchair before she opened a fire door and fell down the flight of stairs.
What may seem like a simple case of a tragic accident, however, does not end there. Video surveillance evidence shows Simmons sitting alone in the hallway and staring at a soda machine; minutes later her body was found in the stairwell. Furthermore, the fire door she travelled through was equipped with an alarm that triggered when the door was opened. For reasons unknown, the alarm’s volume had been turned down to a mere chime. To compound matters, the nursing home is believed to have moved the body prior to notifying the proper authorities and misrepresented the facts. The nurse who found Simmons did not contact the police or the coroner’s office. Instead, a funeral director was called to remove the body, and it was only after the funeral director inquired as to whether a physician or the coroner’s office would issue the death certificate that the coroner (and the police) were notified. The nursing home is also being accused of claiming it notified Simmons’ daughter prior to actually doing so.
Recovery Under Wrongful Death Laws
In response, Simmons’ daughter is pursuing multiple actions against the Midwest Rehabilitation and Respiratory Center and its management company on behalf of her dead mother. This is known as a wrongful death claim and is possible under the Illinois Nursing Home Care Act, Illinois Wrongful Death Act, and the Illinois Survival Act. The Nursing Home Care Act is the state law that protects the rights of residents who live in long-term health care facilities such as nursing homes. It provides basic rights for the residents in an effort to protect them from abusive and negligent care (e.g., a resident cannot be physically drugged or restrained without a doctor’s order). If there is any violation of this act, residents are able to sue their care facility. In cases where the resident has unfortunately passed away, potentially due to negligence by the facility, the Survival Act and the Wrongful Death Act come into play. The Survival Act would allow for Simmons’ estate to sue the nursing home on behalf of the victim and the Wrongful Death Act would allow Simmons’ surviving spouse or children to sue the nursing home on her behalf.
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Wrongful death claims are critical in finding justice for those whose lives have been cut short due to the negligent actions or inactions of others. They allow for family members to recoup any costs caused by the tragedy and to find closure. These lawsuits can be pursued beyond the nursing home context. You may have a wrongful death claim as a result of an auto accident, defective product, medical malpractice, or a multitude of other causes.
Contact an Experienced Wrongful Death Attorney Today
If one of your loved ones has been fatally injured due to the negligence of another, you are entitled to recover your losses and sue on their behalf. Mary Ann Covone Attorney at Law has over 23 years of experience representing victims of serious injury and wrongful death in the Chicago area. If you have lost a loved due to another’s negligence, you should contact the office immediately. Call today at (708) 246-4911 for a free consultation.