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Assisted living facilities are designed to help those who need round-the-clock care live a comfortable life.  Sadly, some facilities aren’t quite up to par and the residents within can experience neglect and even abuse. Such is the claim in a pending lawsuit filed by one woman’s family. The lawsuit states that Marie-Rose Demkowicz fell at least 14 times during her stay at Sunrise Assisted Living in Willowbrook.

Nursing Home Neglect

Demkowicz entered the facility after she had fallen in her home and broken her hip. A multiple sclerosis patient who used a wheelchair, Demkowicz needed assistance with everyday activities including using the bathroom. Her daughter, Stefanie Lopez-Demkowicz says that during her mother’s stay at the facility, staff did not respond quickly, so Marie-Rose would wheel herself to the bathroom and attempt to use the bathroom on her own. But, Stefanie says, “They would find her in the bathroom on the floor.” During one visit, Stefanie tried the call alert button herself to see what the reaction time would be, and found it to be over 20 minutes.  Demkowicz’s son, Daniel, said that sometimes staff would reset the call button after they initially came to the room, but would tell his mother, “I’ll be right back,” only to disappear for “another 20 minutes.”

The lawsuit also alleges that the facility failed to take necessary care for preventing bed sores, causing Marie- Rose to develop a Stage IV bed sore that became infected and required surgical treatment, “all of which caused or contributed to causing her death.”  The law states that Stage 3 or Stage 4 bed sores require the resident to be transferred to a nursing home for skilled care, yet Marie-Rose was kept as a resident for seven months.  Her family says the reason for not transferring Marie-Rose was money—in Demkowicz’s case, more than $5,000 a month.

Daniel Demkowicz said, “The care that she needed, she wasn’t getting. And that’s what I thought we signed up for. And it makes you angry.”

There are 19 Sunrise facilities in the Chicago metropolitan area, including one in Gurnee that faced a lawsuit over a patient who was left on an empty oxygen tank on multiple occasions over six weeks, who later died of respiratory failure.

What Are Your Rights?

Debra Feldman, an advocate for geriatric patients who declined to comment on specific facilities, said, “There are good and bad assisted living facilities,” and that it’s important for loved ones to visit them and look for problems. She suggests loved ones to check, “Are there behavior changes? Are they getting out to activities? Are they eating? Are they clean?” and that if there are any noticeable issues, to report it to the nursing staff.

If problems persist, it’s important not to ignore them and hope they’ll go away. Instead, contact an experienced nursing home abuse lawyer or nursing home neglect attorney. Nursing home neglect and abuse lawyers may have information you don’t, including prior history of a facility’s abuse or neglect complaints, and they’ll know the best ways to approach a case such as this one.

For quality legal representation with a nursing home neglect or abuse case, contact Malman Law today.

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  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

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  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

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