Madison - St. Clair Record

Tuesday, August 20, 2019

Man's estate claims he died as a result of neglect

By Dan Harkins | Jul 21, 2015


A man's estate is suing a Belleville facility, claiming its neglectful care of the decedent led to his death.

Patricia Marshall, as administrator of the estate of Lloyd Marshall, filed a complaint June 18 in St. Clair County Circuit Court against Belleville Healthcare and Rehabilitation Center Inc., Bria Health Services LLC and Protestant Memorial Medical Center Inc., doing business as Memorial Hospital.

During his stay at Belleville Healthcare and Rehabilitation Center, under supervised care by the other defendants, Lloyd Marshall developed infected decubitus ulcers, pressure sores, malnutrition, dehydration, low oxygen saturation and urinary tract infections that allegedly led to his death on June 19, 2013, the lawsuit states.

The defendants are cited with carelessness and negligence for failing to provide adequate care; protect Marshall from abuse and neglect; notify his doctor of changes in his condition; institute a regular procedure to prevent and treat his pressure sores; ensure his body weight and protein levels were maintained; make a full assessment of his status; operate and provide medical services that follow standards; provide him with prop fluid intake and nutrition; provide adequate treatment to prevent and control urinary tract infections; treat and prevent ulcers and pressure sores; provide care that maintained his well-being; properly reposition him; utilize pressure reduction and relief devices; and monitor oxygen saturation levels.

The plaintiff alleges wrongful death and violations of the Nursing Home Care Act and the state's Survival Statute. She seeks damages of more than $200,000, plus costs.

The plaintiff is represented by Scott M. Hendler of Hendler, Lyons and Flores PLLC in Austin; and Kenneth L. Halvachs of Halvachs and Abernathy LLC in Belleville.

St. Clair County Circuit Court case number 15-L-358.

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