Madison - St. Clair Record

Tuesday, February 18, 2020

Nursing home sued over patient's death

By Molly English-Bowers | Apr 6, 2016

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EDWARDSVILLE – The daughter of a deceased woman is suing a nursing home, alleging that negligent actions resulted in her mother's death. 

Brenda K. Luksza, independent administrator of the estate of Betty Bird, deceased, filed the suit March 30 in Madison County Circuit Court against Edwardsville Health Care Center Investors LLC, doing business as University Nursing & Rehab Center.

According to the complaint, Bird was a patient at Anderson Hospital in Maryville from Dec. 9-12, 2014. She allegedly had several diagnoses and her care plan called for assistance for her difficulties with mobility. Because she was not able to go home after her discharge from Anderson, Bird was admitted to defendant University Nursing & Rehab Center on Dec. 12, 2014, the suit says.

On Dec. 13, 2014, Bird allegedly fell after getting out of bed to head to the bathroom when she broke her left femur.

She was transferred back to Anderson, where she stayed until she was discharged on Dec. 29, 2014, into the care of Collinsville Care and Rehabilitation Center. She died there on Jan. 16, 2015, the suit alleges.

The suit brings three counts against the defendant, negligence pursuant to the Nursing Home Care Act, survival action and wrongful death.

Bird's next of kin suffered pecuniary injuries as a result of their mother's death and her estate was diminished by having to pay medical and funeral expenses, the suit says.

In addition to a trial by jury, the plaintiff seeks judgment against the defendant for an amount in excess of $50,000 for each count plus court costs. She is represented by Stephen C. Buser of the Law Offices of Stephen C. Buser Ltd. in Columbia.

Madison County Circuit Court case number 16-L-416

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Organizations in this Story

Madison County Circuit CourtAnderson Hospital