Articles Posted in Nursing Home Negligence

The Illinois Appellate Court for the 1st District reversed and remanded a part the Second Amended Complaint that alleged violations of the Illinois Nursing Home Care Act and common law negligence. The trial judge denied the defendants’ motion to compel arbitration, ruling that the plaintiff denied the existence of a valid arbitration agreement and stating that she lacked authority to sign the agreement on behalf of the patient. Section 2(a) of the Uniform Arbitration Act contemplates a summary proceeding in which the court substantively disposes of the issues presented.

The appellate court order reversed and remanded the case with instructions to proceed summarily pursuant to Section 2(a), and to render disposition resolving the factual legal issues raised in determining at the trial level the validity of the nursing home’s agreement.

The court denied the defendants’ Section 2-619(a)(5) motion to dismiss on statute of limitations grounds finding that a question of fact existed as to whether the patient was under a legal disability, was not injunctive in nature and thus is not appealable under Rule 307.

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Olive Mary Davis lived at the Silver Lake Nursing & Rehabilitation Center. As a known fall risk, she required a high level of care, including a bed alarm, verbal cues and raised bed rails.

On the day of this incident, she was found on the floor covered in blood. She suffered a fractured right hip. The fracture required open reduction and internal fixation surgery as well as treatment for her fractured forearm.

Davis died of her injuries within two months and was survived by her daughter.

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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.

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Mary Ritter was a nursing home resident. She had a history of kidney disease and a left leg amputation.  During a transfer at the nursing home, she was dropped to the floor. She suffered a traumatic femur fracture.

She then developed necrotic pressure ulcers, which led to a decline in her condition and ultimately was a cause of her death. She was just 60 years old at the time and was survived by her two adult children.

The Ritter estate and family sued the nursing home and several of its providers alleging nursing home malpractice and wrongful death.  After the parties agreed to a confidential settlement, the plaintiffs filed a petition with the Indiana Patient Compensation Fund. Before trial, the parties settled for $205,200.

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Ms. Doe, 80, used a wheelchair and resided in a nursing home. While transporting Doe to her doctor’s appointment, a driver for Roe Medical Transport Co. chose not to secure her wheelchair into the van’s locking mechanism. When the driver stopped abruptly, Doe was thrown into the console.  She suffered a fractured femur.  Doe required an open reduction and internal fixation surgery.

Doe claimed that the transport company’s driver had negligently chosen not to secure the wheelchair. The defense contended that the van’s lessor was liable for its defective locking mechanism.

Before trial, the parties settled this case for $237,500.

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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.

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Elaine Jenkins was admitted to the transitional care unit of Vibra Hospital of Charleston. While she was there, she suffered from debilitating injuries, which led to her permanent decline in her health.

Jenkins’s estate sued Vibra Hospital and its administrator, alleging negligence, negligence per se, breach of contract, fraud and misrepresentation, violation of the South Carolina Unfair Trade Practices Act, wrongful death and survivorship.

The Jenkins estate also argued that among other things, the defendants chose not to conduct adequate assessments, respond to changes in Jenkins’s mental status, and also failed to notify her family members after she suffered a number of different incidents at this facility.

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Ms. Doe, 56, was a nursing home resident who suffered from multiple sclerosis and used a wheelchair. When she was loaded onto a medical transport van that was parked on an incline, she was not fully secured to the wheelchair. She slid from the wheelchair and suffered bilateral leg fractures as a result of this fall. The injuries necessitated a cast and bracing.

In addition, she required hospitalization and underwent a blood transfusion and oxygen supplementation. Despite this care and treatment, her condition worsened. She died 17 days after this incident.

The lawsuit alleged wrongful death and failure to secure Ms. Doe into her wheelchair. The defendant argued that Ms. Doe had died of unrelated causes.

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Norma Jay Drye, a 65-year-old woman who suffered from dementia and other health problems, lived at Hillcrest Center Nursing Home. One morning, a nursing home assistant attempted to transfer her from a bed to a chair using a sit-to-stand Hoyer lift.

Drye dropped to the floor during the transfer and suffered bilateral femur fractures. She was transferred to a hospital where she was also diagnosed as having multiple pressure sores.

After Drye was returned to the nursing home, she remained bed bound. This led to the worsening of her pressure sores. She developed infection and gangrene, required a partial left leg amputation and died approximately one week later. She was survived by her adult daughter.

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Thelma Brown, 90, was suffering from dementia and required the use of a wheelchair. While a resident at Brookdale Charlestown Nursing Home, she suffered multiple falls and developed a urinary tract infection that led to sepsis and ultimately caused her death. She was survived by her adult daughter.

Brown’s daughter, on her behalf, sued the nursing home’s owner alleging that it chose not to properly monitor her mother’s well-being, provide sufficient staff in training, and modify her care plan when her health deteriorated.

The defendant denied the allegations and maintained that Brown’s injuries came from her poor medical condition and that her injuries were not a cause of her death.

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