A terrible incident took place in Golden Age Nursing and Rehabilitation Center, an Iowa nursing home, that may well lead to a wrongful death lawsuit by the family. She was only 64-years old at the time of her death.
The victim suffered from advanced diabetes and was under doctor’s orders to have her airways regularly cleared of secretions. According to reports, a family member arrived at the nursing home at 7:30 PM and found the woman in distress. He notified a licensed practical nurse (LPN) who examined the victim but took no action.
When another staff member, a registered nurse, next examined the victim and attempted to use the machine to clear the victim’s throat, she stated “It’s not even put together.” The victim stopped breathing while the machine was assembled, and was pronounced dead at 8:20 PM.
All too often, a nursing home neglect lawsuit is often also a wrongful death lawsuit. In many cases, the extent of the nursing home neglect isn’t known until too late.
Laws governing nursing home neglect and wrongful death lawsuits vary from state to state. In Illinois, a wrongful death claim can only be filed by an executor (named in a will) or an administrator appointed to disperse the estate.
In Illinois, for example, a nursing home wrongful death claim must prove that the actions of the nursing home caused the condition or incident that resulted in the person’s death. The actions of the nursing home must be proven to be negligent or to have willfully or recklessly caused the condition or incident.
A wrongful death lawsuit in Illinois must be filed within two years after the death of your loved one. These claims are complicated, but an experienced nursing home and wrongful death attorney will be able to properly advise you based on your specific case.
Our Chicago nursing home lawyers understand how difficult it is to deal with the tragic and unexpected loss of a loved one. If you would like to speak with an attorney, we offer a free, zero-pressure, confidential case consultation.