Alton nursing home seeks dismissal from med mal case

Steve Gonzalez Oct. 19, 2005, 5:54pm

The Eunice Smith Nursing Home in Alton will argue its motion to dismiss a medical malpractice complaint on Oct. 26 before Madison County Circuit Judge George Moran.

Seigle Hayes, the son of Irma Hayes, filed suit against the BJC Health System-owned nursing home alleging it failed to provide his mother with appropriate medical care which eventually led to her death.

Hayes claims that the nursing home used the wrong mechanical lift on March 17, when his mother was being transferred from a wheelchair to bed. As a result, his mother's left distal femur was fractured, which in part contributed to her death on March 25, the suit claims.

According to the complaint, the nursing home was negligent for failing to:

  • Use the proper mechanical lift;
  • Have an adequate staff to provide proper care;
  • Have a competent nursing staff;
  • Train its nursing and nursing aid staff; and
  • Provide adequate supervision and monitoring of Irma Hayes to assure that her health care plan, physicians orders and policies have been implemented and complied with.

    Hayes claims that his mother endured substantial pain and suffering in her body and mind and she was deprived of the remaining enjoyment of life that she had.

    Represented by Craig Jensen of The Lakin Law Firm in Wood River, Hayes is seeking damages in excess of $50,000 plus reasonable attorney fees.

    The nursing home will be represented by Lisa Franke of Burroughs, Hepler, Broom, MacDonald, Hebrank and True of Edwardsville.

    05 L 670

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