Elderly Woman Left Unchecked At Independent Living Home

Verdict: Not Guilty

Date: November 2010

County: Cook

DEF Medical: Dr. Steve Christos, D.O. (Emergency Medicine) and Dr. M. Lisa Yaremko (Pathologist)

PLTF Experts: Dr. William D. Barnhart (Geriatrics)

DEF Experts: Dr. Jack C. Olson (Geriatrics)

Summary: Ms. McNamee lived in an independent living retirement community. She was found on the floor of her bedroom after what her daughter claimed to be three days. Ms. McNamee was then hospitalized for a urinary tract infection, sepsis, and rhabdomyolysis. During her hospitalization she suffered a massive gastrointestinal bleed, underwent stomach resection surgery, developed adult respiratory distress syndrome and died. The estate contended that the Defendant had undertaken the duty of performing well-being checks when in implemented a voluntary resident-run daily well-being check. In addition, someone should have known that she needed help as there were three newspapers outside of Ms. McNamee’s door. The defendant asserted that as an independent living facility it did not owe a duty to perform well-being checks. Defense also asserted that the facility was not negligent because they did respond when the deceased’s daughter asked them to check on her. The defense further maintained that Ms. McNamee’s death was caused by treatment of her unrelated respiratory symptoms with steroid therapy which aggravated her chronic gastritis and resulted in a bleeding gastric ulcer, hemorrhage, and death.

Category: Medical Malpractice, Nursing Home Injuries, Wrongful Death