March 22, 2013

Levin & Perconti Secure Successful Verdict in Illinois Nursing Home Fall Case

by Levin & Perconti

No legal case is ever identical to any other. No matter what, the law is very fact-specific, requiring a close examination of individual details. However, that does not mean that there are not trends. When it comes to Illinois nursing home neglect and abuse issues, those trends are quickly picked up on by those who work on these matters day in and day out. For example, time and again residents develop pressure sores as a result of inadequate care. Those sores are often not treated properly, develop infection, and may contribute to a senior’s death. Every year there are literally dozens of examples of this form of neglect.

Another trend in nursing home neglect cases are falls. Every resident must be analyzed for their fall risk, as physical vulnerabilities often mean that a single nursing home fall can prove fatal. By analyzing risks ahead of time, facilities are able to develop proper care plans to minimize risk. Sadly, those plans are often not done correctly or not followed, resulting in falls that can take the life of a resident.

Illinois Nursing Home Fall Lawsuit
In fact, two of our firm neglect attorneys, Jordan S. Powell and Patricia L. Gifford just secured a jury award for a senior after she was harmed in a nursing home fall. The case is a reminder of incidents that occur each and every day across our area.

The senior was 87-years old and a former resident of Chicago’s Kenwood Healthcare Center (it is now known as Parkshore Estates). A few years ago the resident was admitted to the facility, and, unfortunately, the caregivers did not develop an appropriate plan to ensure fall risks were minimized. The senior ultimately fell while in the home, suffering serious injury. She broke her hip, making it virtually impossible for her to get around on her own. Before the fall she was able to move with a walker, providing a degree of independence.

Our attorneys helped the senior file suit against the facility to recover for her losses and ensure there were repercussions for the negligence. The suit contended that the staff at the facility provided inadequate supervision and aid to the senior which led to the fall.

Attorney Gifford explained how “a broken hip in a nursing home fall is a very serious problem and can lead to other medical issues and complications. There are a number of basic safety members that long-term care facilities can take to help prevent seniors from falling.”

This particular case ultimately went to trial. In a decision handed down by a Cook County jury last week, the facility was found liable and ordered to provide over $842,000 in damages to the senior.

In explaining the situation, one of our firm founding partners, Steve Levin, a seasoned elder abuse attorney, noted that “We do not see many nursing home suits go to trial. [...] We are proud to have helped our client’s family while raising public awareness surrounding the prevalence of broken hips caused by falls in long-term care facilities.”

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Elder Abuse Caregiver Had History of Problems

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