$5.5 Million Verdict: Family Wins Wrongful Death Suit Against Richton Park Nursing Home for Neglect

Nursing home neglect is a serious issue, and recent events in Richton Park, Illinois, highlight the devastating consequences that can arise when these facilities fail to provide adequate care. In a landmark case, a Cook County jury awarded $5.5 million to the family of Sandy Brooks, an 85-year-old man who died due to neglect at Landmark of Richton Park Rehabilitation and Nursing Center. This verdict, one of the largest for nursing home neglect in the county’s history, underscores the importance of holding nursing homes accountable for their actions and ensuring the safety and well-being of their residents. According to the Illinois Department of Public Health (IDPH), nursing homes must meet specific standards of care, including proper medical treatment, personal hygiene assistance, adequate nutrition, and a safe living environment. When these standards are not met, the results can be tragic.

The Tragic Case of Sandy Brooks

Sandy Brooks was admitted to Landmark of Richton Park in late 2020 after suffering a brain bleed from a fall. Following a recovery at RML Specialty Hospital, he was transferred to Landmark, the only nearby facility offering on-site dialysis through a third-party provider, RenViva. Brooks required dialysis three times a week, but during his 13-day stay at Landmark, he did not receive a single treatment. On December 7, 2020, he was found unresponsive and died three days later due to a toxic waste buildup in his body.

The Brooks family’s experience is a stark reminder of the potential dangers of nursing home neglect. His daughter, Andrea Brooks, stated that the family’s world had been turned upside down and that they were unable to get updates on her father’s condition during his stay. The lack of communication and the failure to provide necessary medical treatment ultimately led to his death.

Understanding Wrongful Death Lawsuits in Illinois

When a person dies due to the negligence or wrongful act of another, the surviving family members may have grounds to file a wrongful death lawsuit. In Illinois, the Wrongful Death Act (740 ILCS 180/1) governs these claims, allowing the deceased’s personal representative to seek compensation on behalf of the surviving spouse and next of kin. This compensation aims to address both economic and non-economic losses resulting from the death.

Elements of a Wrongful Death Claim

To succeed in a wrongful death case in Illinois, the plaintiff must prove the following elements:

1. Duty of Care: The defendant owed a duty of care to the deceased person. In the context of a nursing home, this means the facility had a responsibility to provide adequate care and ensure the resident’s safety.
2. Breach of Duty: The defendant breached that duty of care. This could involve failing to provide necessary medical treatment, neglecting basic needs, or creating unsafe living conditions.
3. Causation: The defendant’s breach of duty directly caused the person’s death.
4. Damages: The surviving family members suffered damages as a result of the death.

Who Can File a Wrongful Death Lawsuit?

In Illinois, the personal representative of the deceased’s estate is responsible for filing the wrongful death lawsuit. This is often a surviving spouse or close family member. The lawsuit is filed for the benefit of the surviving family members who have suffered financial or emotional losses due to the wrongful death.

Types of Compensation Available

In a successful wrongful death claim, surviving family members may recover financial compensation for both economic and non-economic damages. These damages can include:

• Funeral and burial expenses
• Lost financial support the deceased would have provided, including lost earnings, gifts, and inheritance
• Loss of consortium, meaning the loss of affection, society, and companionship, and in the case of a surviving spouse, the loss of a sexual relationship with the deceased
• Loss of instruction, education, and moral training the deceased would have provided to surviving children
• Survivors’ grief, sorrow, and mental suffering

Illinois does not impose caps on compensatory damages for wrongful death cases, allowing families to pursue full compensation for their losses.

Statute of Limitations

In Illinois, wrongful death lawsuits generally must be filed within two years of the person’s death. However, certain circumstances, such as medical malpractice or criminal charges related to the death, may affect this timeline. It is crucial to consult with an attorney as soon as possible to ensure the claim is filed within the applicable statute of limitations.

Nursing Home Neglect: A Closer Look

Nursing home neglect occurs when a facility fails to provide residents with the care, services, or supervision necessary to avoid harm, maintain health, and preserve safety. This can include:

• Failure to provide adequate medical care: This may involve not administering medications properly, failing to treat infections or injuries, or neglecting to provide necessary therapies.
• Neglect of basic needs: This can include failing to provide adequate food, water, shelter, or personal hygiene assistance, leading to malnutrition, dehydration, bedsores, and infections.
• Unsafe living conditions: This may involve allowing hazardous conditions, such as wet floors or loose rugs, failing to supervise residents at risk of wandering or falls, or not maintaining security measures to prevent abuse by other residents or staff.
• Emotional or psychological abuse: This involves actions that cause harm to a resident’s mental well-being, such as verbal assaults, threats, humiliation, isolation, or intimidation.

Recognizing the Signs of Nursing Home Neglect

Family members should be vigilant in monitoring the care their loved ones receive in nursing homes. Some signs of neglect may include:

• Unexplained injuries, such as bruises, fractures, or burns
• Frequent infections or bedsores
• Rapid weight loss or malnutrition
• Dehydration
• Poor personal hygiene
• Unsanitary living conditions
• Changes in mood or behavior, such as anxiety, depression, or social withdrawal
• Fear or nervousness around certain staff members

Reporting Nursing Home Neglect

If you suspect your loved one is being neglected in a nursing home, it is important to take action. You can:

1. Document the evidence: Take photos of injuries, unsanitary conditions, or other signs of neglect. Keep detailed records of incidents and interactions with staff.
2. Report the neglect: File a complaint with the Illinois Department of Public Health (IDPH) by calling their hotline at 1-800-252-4343 or visiting their website. For residents who live in nursing facilities, call the Illinois Department of Public Health’s Nursing Home Complaint Hotline: 1-800-252-4343.
3. Contact an attorney: An experienced Illinois nursing home neglect attorney can evaluate your case and help you take legal action.

The Role of Nursing Home Regulations

Nursing homes in Illinois are subject to numerous state and federal regulations designed to protect residents’ rights and ensure quality care. These regulations cover a wide range of areas, including staffing requirements, medical care, resident rights, and safety standards.

Illinois Nursing Home Care Act

The Illinois Nursing Home Care Act establishes residents’ rights to be free from abuse, make decisions regarding their health care, and live in a home-like environment. It also sets standards for nursing home operations and requires facilities to provide adequate staffing and training.

Federal Regulations

Federal law requires that nursing homes participating in Medicare or Medicaid comply with certain rules and regulations. The Nursing Home Reform Act sets standards for care, resident rights, and staffing.

Oversight and Enforcement

The Illinois Department of Public Health (IDPH) is responsible for licensing and regulating long-term care facilities in the state. The IDPH conducts regular inspections to ensure compliance with regulations and investigates complaints of abuse and neglect. When facilities fail to meet standards, the IDPH can impose fines, revoke licenses, or even shut down the facility.

Seeking Justice for Nursing Home Neglect

The $5.5 million verdict in the Sandy Brooks case sends a clear message to nursing homes across Illinois: neglect is unacceptable and will be met with serious consequences. If you believe your loved one has been a victim of nursing home neglect, it is important to seek legal advice and explore your options for pursuing justice.

An experienced attorney can help you:

• Investigate the circumstances of the neglect
• Gather evidence to support your claim
• Navigate the legal process
• Negotiate with the nursing home and its insurance company
• File a lawsuit and represent you in court, if necessary

By holding negligent nursing homes accountable, we can help ensure that all residents receive the care and respect they deserve.

Call to Action

If you suspect that a loved one has suffered from neglect or abuse in a nursing home, it is crucial to take immediate action. Contact our firm today for a free consultation. We can help you understand your rights and explore your legal options. Together, we can work to protect vulnerable seniors and ensure they receive the quality care they deserve.