BELLEVILLE — An Illinois nursing home and one of its respiratory therapists is accused of wrongful death after a patient died while left unattended during a tracheostomy procedure.
Brian Toberman, as special administrator of the Estate of Lynn Toberman, filed a complaint July 27 in the St. Clair County Circuit Court against Willow Creek Rehabilitation & Nursing Center LLC and Carmen Ruiz, alleging wrongful death.
According to the complaint, the decedent was a resident at Willow Creek from Jan. 28 through Jan. 31, 2019. During that time, Ruiz was employed as a respiratory therapist at Willow Creek and was providing Lynn Toberman with medical treatment and services.
The plaintiff claims Ruiz "negligently and carelessly" left Lynn Toberman unattended during a tracheostomy capping which allegedly resulted in her death on Jan. 31, 2019.
The plaintiff also claims in the suit that Ruiz failed to apply the knowledge and skill that a "reasonably- well qualified" healthcare worker should have used while treating Lynn Toberman and that her negligence led to Toberman's death.
The plaintiff alleges Lynn Toberman's next of kin have suffered the loss of her companionship, comfort and guidance because of her death.
The plaintiff seeks monetary relief of more than $50,000 and all other just relief. He is represented by Joseph Bartholomew of Cook, Bartholomew, Shevlin, Cook & Jones LLP in Belleville.
St. Clair County Circuit Court case number 20-L-0557