Illinois Nursing Home Negligence Lawsuit Blames Assisted Living Facility for Resident’s Bathtub Drowning Death
The brother of Christopher Halley has filed a wrongful death lawsuit accusing Community Living Options of Illinois nursing home negligence. Joseph Halley is seeking over $50,000 for the drowning death of his brother in a nursing home bathtub while he was a resident at Edwardsville Terrace.
Christopher was mildly retarded. Although he didn't have to be monitored all the time, Christopher had epilepsy and was known to have seizures. The 46-year-old died from drowning because of a seizure after he spent about four hours alone in a bathtub on April 26, 2009.
A nursing home aid reportedly saw Christopher go into the bathroom at around 7:30am. When she went to look in on his roommate at around 11:24am, she realized that Christopher was missing. By the time the nursing home discovered Christopher in the tub, which was full of water, rigor mortis had set in.
Joseph is alleging Illinois nursing home neglect, inadequate supervision, failure to provide round-the-clock nursing care, failure to create a nursing plan that met Christopher's care needs, failure to run a home that was in compliance with federal and state laws, failure to properly supervise nursing home residents with special needs, and failure to provide the services that should have ensured Christopher’s well-being.
Seizures
A New York Times article published in 2003 talks about the growing evidence that having a seizure can lead to more seizures, which can actually be dangerous. About 10 -15 out of 10,000 patients with severe epilepsy die annually. Seizures can also prove catastrophic if the person has one while swimming or floating in a body of water or strikes his/head on the ground or another hard surface after falling.
Illinois nursing homes are responsible for providing a plan for each patient that takes into account any health issues so that the resident gets the best care possible to ensure his/her well-being and best health while staying at the assisted living facility. Failure to provide this duty of care can be grounds for an Illinois nursing home negligence lawsuit.
Suit claims Edwardsville Terrace failed to prevent resident's drowning, The Record, January 7, 2010
Man who drowned at group home had been in tub for hours, The Telegraph, July 15, 2009
Mounting Data on Epilepsy Point to Dangers of Repeated Seizures, NY Times, February 18, 2003
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Nursing Homes in Illinios
