Elaine Waintrup, 91, was admitted to Rydal Park Nursing Home. She lived there for almost four years. During this time, she suffered multiple falls, sometimes falling more than once in the same day.
The injuries from the falls she suffered included facial and head lacerations and a nasal fracture that necessitated hospitalizations.
In addition, an investigation that was conducted after one of her falls led to an Adult Protective Services determination that Waintrup had been the subject of caregiver negligence.
Waintrup’s last fall at the nursing home required another trip to a hospital emergency department where a CT scan revealed thoracic compression.
Waintrup’s health began to decline. She died several weeks after the last hospital emergency room trip. Waintrup was survived by her two adult children.
The Waintrup estate sued the nursing home and Philadelphia Presbytery Homes Inc., alleging negligence, corporate negligence and negligence per se.
The lawsuit claimed, among other things, the defendants chose not to hire sufficient staff, failed to properly train employees, improperly monitored Waintrup and failed to prevent her numerous falls.
Before trial, the parties settled for $450,000.
The attorney who successfully handled this lawsuit was Philadelphia attorney Rhonda Hill Wilson.
Mittelman v. Philadelphia Presbytery Homes, Inc., No. 2016-11558 (Pa. Ct. Com. Pl. Montgomery County).
Kreisman Law Offices has been handling nursing home fall cases, nursing home abuse lawsuits, nursing home negligence cases, and wrongful death 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 LaGrange Highlands, Countryside, Justice, Hickory Hills, Palos Hills, Orland Park, Homer Glen, Mokena, Frankfort, Tinley Park, Hazel Crest, Lyons, Oakbrook Terrace, Glen Ellyn, Lombard, Lisle, Des Plaines, Chicago (Norwood Park East, Sauganash, Lincoln Square, Arcadia Terrace, Lakeview, Wrightwood Neighbors, Old Town, Near North Side, West Town, Streeterville, Little Italy, Bridgeport, Canaryville, Brighton Park, Gage Park, Garfield Ridge), Villa Park, Lombard, Bellwood, Westchester, Clarendon Hills, Downers Grove and Burr Ridge, Ill.
Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.
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