Madison - St. Clair Record

Wednesday, February 19, 2020

Long term care facility accused of negligence, wrongful death of resident

State Court

By John Breslin | Oct 4, 2019

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A relative of a long term care home resident is claiming staff at the facility violated Illinois' Nursing Home Care Act and contributed to his wrongful death.

Doris Johnson, as independent administrator of the estate of Harold Gene McLin, her nephew, is suing Parents and Friends of the Specialized Living Center of Swansea.

Individual staff members are also named in the complaint filed in St. Clair County Circuit Court. McLin, who suffered from severe mental retardation as a result of neonatal meningitis, was a resident of the facility from 1980 until shortly before his death in December 2017.

The Record was unable to immediately to make contact with any representative of the facility.

The complaint lists various ailments and wounds suffered by McLin over the course of 2016 and 2017 to support the claim that staff at the center were negligent in their care, which led ultimately to his death.

"The resident received care and treatment below the standard of care, constituting negligence," the complaint alleges.

The plaintiff adds, "As a result of receiving negligent treatment over a prolonged period of time, the resident sustained serious and permanent injuries; suffered from disability and disfigurement; experienced great pain and physical suffering until his death."

During his time at the facility, McLin needed two-staff assistance at all times, to position him on the bed and chair.

The counts, both under the Nursing Home Act and Wrongful Death Act, list various alleged failures that it is claimed amounted to negligence on the part of the facility and named staff.

There were also alleged failures to revise or update care plans; carry out physical assessments each shift; provide wound care treatments; manage his diarrhea; recognize changes in condition; inform the physician of significant changes; and a timely transfer to an acute care facility.

McLin was transferred to a hospital in late November, where it was revealed he was suffered from pneumonia and lymphoma in the abdomen and pelvis. He was taken off a life support machine on Dec. 2, 2018.

Johnson, on behalf of the estate, is asking the court for a judgment in "excess of this Court's jurisdictional requisite as will fairly and adequately compensate the plaintiff for the injuries, losses, and damages alleged."

The plaintiff is represented by Eve E. Golabek of Kralovec, Jambois & Schwartz of Chicago.

St. Clair County Circuit Court case number 2019-L-654.

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