$5.5 Million Verdict: Dialysis Neglect Leads to Nursing Home Resident’s Death

Nursing home neglect is a serious issue, and when it leads to a resident’s death, it’s a tragedy that demands accountability. In a recent case, a Cook County jury awarded $5.5 million to the family of a man who died after a nursing home failed to provide him with life-sustaining dialysis treatment. This verdict, one of the largest of its kind in the county, highlights the devastating consequences of nursing home neglect and the importance of holding these facilities responsible for their actions.

The Tragic Case of Dialysis Neglect

Sandy Brooks, an 85-year-old man, was admitted to Landmark of Richton Park, a nursing home just south of Chicago, after suffering a fall that caused a brain bleed. Although he recovered well at a specialty hospital, he required dialysis three times a week due to a pre-existing kidney condition. Landmark of Richton Park was chosen because it offered on-site dialysis through a third-party provider. However, during his 13-day stay at the facility, Mr. Brooks did not receive a single dialysis treatment.

His family repeatedly attempted to check on him, but staff members reportedly provided few updates or ignored their calls entirely. As a result of the missed dialysis treatments, Mr. Brooks suffered a toxic waste buildup in his body and was eventually found unresponsive in his room. He was temporarily stabilized by emergency responders but died days later due to complications related to the missed dialysis.

The Lawsuit and the Verdict

The Brooks family, with the help of a Chicago nursing home neglect lawyer, filed a wrongful death lawsuit against Landmark of Richton Park. The jury found the facility negligent after just three hours of deliberation and awarded the family $5.5 million in damages. The verdict tied a previous record for the largest jury award in a Cook County nursing home negligence case, sending a clear message to nursing homes across Illinois that neglect is unacceptable and costly.

Understanding Dialysis and its Importance

Dialysis is a life-sustaining treatment for people with kidney failure. When the kidneys are no longer able to filter waste and excess fluid from the blood, dialysis steps in to perform this function. There are two main types of dialysis: hemodialysis and peritoneal dialysis. Hemodialysis involves using a machine to filter the blood outside of the body, while peritoneal dialysis uses the lining of the abdomen to filter the blood inside the body.

For patients with end-stage renal disease (ESRD), dialysis is often the only way to stay alive. Missing dialysis treatments can lead to a dangerous buildup of toxins in the body, resulting in serious health complications and even death.

Nursing Home Responsibilities and Dialysis Care

Nursing homes have a responsibility to provide their residents with the medical care they need, including dialysis. This responsibility includes:

Ensuring access to dialysis: Nursing homes must ensure that residents who require dialysis have access to treatment, whether on-site or at an outside facility.
Following the prescribed dialysis schedule: Nursing homes must adhere to the dialysis schedule prescribed by the resident’s doctor and ensure that treatments are not missed.
Monitoring the resident’s condition: Nursing homes must monitor residents receiving dialysis for any signs of complications and respond appropriately.
Communicating with the resident’s family: Nursing homes must keep the resident’s family informed about their loved one’s condition and any changes in their care plan.

When a nursing home fails to meet these responsibilities and a resident is harmed as a result, the facility can be held liable for negligence.

What Constitutes Nursing Home Neglect?

Nursing home neglect occurs when a facility fails to provide residents with the care and services they need to maintain their health and safety. Neglect can take many forms, including:

Medical neglect: Failure to provide necessary medical treatment, such as dialysis, medication, or wound care.
Personal hygiene neglect: Failure to assist residents with bathing, dressing, and toileting.
Basic needs neglect: Failure to provide residents with adequate food, water, and shelter.
Supervisory neglect: Failure to adequately supervise residents, leading to falls, wandering, or other accidents.

Legal Options for Victims of Nursing Home Neglect

If your loved one has been a victim of nursing home neglect, you have legal options. You may be able to file a lawsuit against the facility to recover compensation for:

Medical expenses: The cost of treating injuries or illnesses caused by the neglect.
Pain and suffering: The physical and emotional distress experienced by the resident.
Wrongful death: If the neglect led to the resident’s death, the family may be able to recover compensation for funeral expenses, loss of companionship, and other damages.

A nursing home abuse lawyer can help you understand your legal rights and options and guide you through the process of filing a lawsuit.

How to Spot Signs of Neglect

It’s important to be vigilant and look for signs of neglect if you have a loved one in a nursing home. Some common signs of neglect include:

Sudden weight loss
Dehydration
Poor hygiene
Bedsores
Frequent infections
Unexplained injuries
Changes in behavior
Lack of communication from staff

If you notice any of these signs, it’s important to take action immediately. Talk to the nursing home staff, and if you’re not satisfied with their response, contact a nursing home abuse lawyer.

Protecting Your Loved Ones

Choosing a nursing home for a loved one is a difficult decision. It is important to thoroughly research facilities and visit them to assess the quality of care. Look for facilities that are clean, well-staffed, and have a good reputation. Once your loved one is in a nursing home, stay involved in their care and visit them regularly to ensure they are receiving the attention and treatment they deserve.

Taking Action Against Nursing Home Neglect

The $5.5 million verdict in the Sandy Brooks case sends a strong message that nursing home neglect will not be tolerated. If you suspect that your loved one has been a victim of neglect, take action. Contact a nursing home abuse lawyer to discuss your legal options and hold the responsible parties accountable. By taking action, you can help protect other residents from similar harm and ensure that nursing homes provide the quality care that our elderly deserve.