$125,000 Settlement for Failure to Assist Nursing Home Resident with Daily Needs

Mary Benton, 98, lived at the Agape Senior Assisted Living Facility. She suffered from mild dementia that required assistance with her day-to-day activities.

During her time at the assisted living facility, her condition deteriorated, and she was hospitalized for dehydration, infections and low blood pressure. In addition, she fell on two occasions, the last of which resulted in a broken hip.

Benton was not a candidate for surgery and was later transferred to her friend’s home where she unfortunately passed away. She was survived by her son.

Benton’s son, on behalf of her estate, filed a lawsuit against the assisted living facility and its affiliated companies, alleging negligence, gross negligence, negligence per se, elder abuse, survival and wrongful death claims and conversion.

The estate’s lawsuit alleged that the defendants had chosen not to meet Benton’s daily needs, including preventing falls, and that they failed to timely transfer her to a healthcare facility after she had fallen the first time.

Before trial, the parties settled for $125,000.

The attorneys successfully handling this case were Stefan B. Feidler, Eric M. Poulin and Roy T. Willey IV.

Benton v. Ashley Landing Assisted Living, LLC, No. 2017-CP-10-3625 (S.C. Ct. Com. Pl. Charleston County).

Kreisman Law Offices has been handling nursing home negligence lawsuits, assisted living negligence cases, wrongful death lawsuits, nursing home bed sore lawsuits, nursing home fall cases, and nursing home abuse lawsuits for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 45 years in and around Chicago, Cook County and its surrounding areas, including North Riverside, Oak Lawn, Chicago Ridge, Crestwood, Blue Island, Calumet Park, Riverdale, Dixmoor, Orland Hills, Tinley Park, Country Club Hills, East Hazel Crest, Olympia Fields, Frankfort, Park Forest, Justice, Westchester, Franklin Park, Prospect Heights, Buffalo Grove, Deerfield, Northfield, Chicago (Rogers Park, West Ridge, Edgewater, Bronzeville, Andersonville, Lincoln Square, Albany Park, Mayfair, Portage Park, Old Irving Park, Lakeview East, Lincoln Park, Old Town, Near North Side, New East Side, Streeterville, Chinatown, Wrigleyville, North Kenwood, Hyde Park), Burbank, Summit, LaGrange Highlands, Western Springs, Oakbrook Terrace, Bellwood, Maywood and Berkeley, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.