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Estate claims facility provided negligent care, leading to patient's death

By Molly English-Bowers | Apr 18, 2016

BELLEVILLE – The sister of a deceased woman who is acting as the executor of her estate has filed suit over the alleged negligent medical care the deceased woman received in a long-term care facility.

Claritha Duncan and Stephanie Jackson, independent executor and independent representative of the estate of Claritha Duncan, filed the suit April 5 in St. Clair County Circuit Court against Midwest Rehabilitation and Respiratory Center and Steven Blisko.

The lawsuit brings seven counts against the defendants, including allegations of violation of the Nursing Home Care Act, wrongful death, negligence and consumer fraud.

According to the complaint, the decedent died May 25, 2015 while she was a resident at Midwest Rehabilitation and Respiratory Center.

The plaintiffs allege the decedent died as a result of the facility's failure to provide ordinary care, failed to provide the necessary care and services to attain or maintain the patient's highest well-being, failed to provide rehabilitative measures to meet her individual needs, failed to assist her so her abilities in daily living did not diminish, and failed to develop an up-to-date care plan for her based on her assessment, individual needs and goals, physician's orders, and personal care and nursing needs.

A separate count of consumer fraud is also brought against Slisko, the owner of the nursing home where the deceased resided, the suit states.

The plaintiffs seek a judgment in excess of $50,000 for each count against both defendants, court costs and attorney fees. They are represented by Grey Chatham Jr. of Chatham & Baricevic in Belleville.

St. Clair County Circuit Court case number 16-L-196

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