Streamwood Nursing Home is Defendant in Illinois Wrongful Death Lawsuit
In Cook County Circuit Court, the daughter of an elderly woman who died after being attacked while staying at an Illinois nursing home is suing Lexington Health Care Center of Streamwood and nursing home resident Vonda Messino for her wrongful death. The lawsuit accuses Messino of attacking Mary Ann Flynn at the nursing home on November 24, 2006, while contending that the assault incident either contributed to or caused Flynn’s death.
Flynn sustained bruises in the attack and suffered a stroke before dying. She was a resident at the Illinois nursing home because she was suffering from hypertension, dementia, and chronic obstructive pulmonary disorder.
According to the Illinois wrongful death lawsuit, Messino had threatened Flynn with violence on several occasions. The threats were made in front of nursing home staffers who were aware that Messino possessed an inclination for violence.
Flynn’s daughter is accusing nursing home workers of nursing home negligence. Her lawsuit cites their alleged failure to protect Flynn from neglect and abuse, failure to notify Flynn’s family in a timely manner about the attack, failure to let them know that her condition had changed, and failure to hire nurses who had the proper training to supervise residents so that they wouldn’t attack other residents. The lawsuit also claims that properly trained nurses would have known to transfer Flynn to a medical hospital for her protection.
In addition to claiming battery, Flynn’s daughter is seeking over $250,000 plus interest and costs.
Nursing Home Residents Attacking Other Residents
Illinois nursing home staffers are supposed to protect residents from assaults—whether by staffers, other residents, or others. A 2004 article on Findarticles.com about the health care industry says data gathered by the Centers for Medicare & Medicaid Services reports that some 80,000 US nursing home residents exhibited aggressive behavior the week before they were assessed with the Minimum Data Set.
A resident at a nursing home who exhibits violent tendencies can pose both a physical and psychological threat to other residents. Nursing homes can be held liable for premises liability, personal injury, or wrongful death if the residential care facility fails to take the proper measures to protect residents and others on the premise from becoming the victims of violent crimes.
Streamwood nursing home death sparks lawsuit, The Courier News, November 22, 2008
When residents attack residents, FindArticles.com, August 2004
Related Web Resources:
Lexington Health Care Center of Streamwood
Nursing Homes in Illinois, Illinois Department of Public Health
To schedule your free consultation with Chicago Nursing Home Abuse Attorney Steve Malman, call 1-888-MALMAN LAW (1-888-625-6265).
