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NewsWednesday, October 24, 2007 4:08 PM CDT
Family of deceased resident sues nursing home
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BLOOMINGTON -- The family of Helen Smith has filed a lawsuit against a local nursing home, accusing the facility of negligence and failure to provide adequate medical care for the Bloomington woman.

A lawsuit seeking more than $50,000 was filed Oct. 10 against Asta Healthcare Company Inc., owners of Asta Care Center.

Smith, 85, died in December 2005 at another nursing home in Normal. She previously resided at Asta Care, according to court documents.

Attorneys for Smith’s family contend Asta Care Center failed to provide Smith with adequate medical and personal care, including proper bed rails to prevent the woman from falling in November 2005.

The nursing home’s failures caused Smith to suffer physical and mental pain and disfigurement and to incur expenses, according to Belleville attorney Kevin Dawson.

Elgin attorney Seth Gillman said Asta Care had not received a copy of the lawsuit and declined to comment on the allegations Tuesday.

A Feb. 27 case management conference has been set in the case.

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Reader comments on this story - 9 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

Thank you Lydia! wrote on Oct 25, 2007 8:42 AM:

" I knew this family and they were at this person's side every single day but they all had full-time jobs. Most of the harm happened when they were not there or when the patient was a sleep. This family did everything to help this center. As for the person that thinks they should have taken care of her themselves, how do you think they were to support themselves not working. This lady needed treatment and help 24 hours a day not just a little here and a little there. How people that have no clue as to what went on can make such judgements, trying putting yourself in this families shoes for once. Maybe you are independantly wealthy and can stay home and take care of someone but these people are middle class people just trying to make a living and loving thier Mother and Grandmother. Like I said before, don't you think that they would be asking for a LOT more money. After the lawyer gets his part do you think the rest is going to do that much for this family??? "

lydia wrote on Oct 25, 2007 12:16 AM:

" I work in a nursing home and I have worked in one of Asta Care places and let me tell you that some need to be shut down due to severe neglect. No place is perfect I will give you that but if you have a family member in a nursing home PLEASE go and see them. I don't mean once a year. Once a week. Check on them and see how they are doing. Just show up and ask the staff if there is anything that your love one is in need of. Make yourself known to the staff. Yes we are under paid and overworked but that is the fault of those in upper management who hardly if ever come out of their offices to see what really goes on in the facility. Sometimes you will come across those who just don't care. For the family who lost their loved one my deepest sympathy and to those who let this retreatment go one shame on you and I hope you never have to go through what this family had to endure. Ive been on both sides of the fence. "

Sharon wrote on Oct 24, 2007 8:06 PM:

" Bed rails can cause serious head trauma or worse death because residents tend to climb up and over them and fall from a greater distance than if they were not put up in the first place. It's disturbing to me that so many families are seeking compensation for the sufferring of their loved ones. It is my belief that what goes around comes around; if you are compensated for the suffering of someone else you are just as deserving of the same suffering in the future. The amount your suing for is simply not worth the time or the effort! Instead why not make a difference in your community by teaching others what you would have done differently so that this mistake does not happen again... "

take care of them yourself wrote on Oct 24, 2007 4:16 PM:

" Nursing homes are NOT perfect facilities, and people who place someone in their care know that. You have to accept a certain degree of negligence, although not harmful or intentional, but these places are overcrowded and short-staffed. If you are concerned, man up and take care of the elderly yourself. They cared for you when you needed it. "

To "As Someone who knows) wrote on Oct 24, 2007 3:27 PM:

" Did you see what happened to this person, I am guessing not. I know this family personally and they are not OUT for a might buck. They want things changed in this facility and that is it. If they were out for a buck don't you think they would be looking at a lot more than $50,000. until you are in these people's shoes, don't judge them. You have no clue what so ever! I agree that these people at Asta Care may have been overworked and under paid but is it right that these family members not be taken care of and they shouldn't care if they are hurt and end up dying becuase of what happens there. Why do you think they took her out of this facility and put her into another one??? "

As Someone Who Knows wrote on Oct 24, 2007 2:59 PM:

" As someone who knows about Asta Care and had a loved one in this same facility, I can tell you that the care my husband received was amazing. For what those women are paid and the crap hours they work, trust me, they gave him their best. The quote from a medical field worker is absolutely correct! I don't have a lot of patience for someone trying to make a buck off a death or on the back's of a medical facility where they are always short staffed and underpaid. It takes a special person to work in that field and I have only praise for our AstaCare Center!! "

Want to wrote on Oct 24, 2007 1:40 PM:

" Let's make Grandma's death worth something. A couple Mil should do it. "

Don't judge all~~ wrote on Oct 24, 2007 4:33 AM:

" Asta care facilities the same. My father was in Toluca Asta Care and he received such excellent care I would reccomend anyone to go there. They were good to him and treated him so well and took really excellent care of him. He liked where he was and wanted to stay there. He had been in several others and they didn't take care of him but finally I found one that did. So please don't be hasty and judge them all the same. "

worker from medical field wrote on Oct 24, 2007 4:17 AM:

" Bed rails are considered RESTRAINTS in the State of Illinois!!! "

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