Recovered Favorable Settlement
Injury attorneys at Horwitz, Horwitz & Associates negotiated a favorable settlement incurred in favor of their client.
- The Case
A nursing home facility failed to initiate a care plan to meet the specialized needs of its resident, who was wheelchair bound, including fall risk prevention and one-person assist procedures.
- In Depth Look
Horwitz, Horwitz & Associates’ nursing home abuse and neglect attorneys filed a negligence action against the nursing home. Upon being admitted to the facility, their client scored a 12 on the fall risk assessment. The client required one-person assistance for toileting. Inconsistent nursing notes indicated that the client was not taken to the restroom for hours at a time and that his falls were often the cause of his call light being out of reach.
The defendant motioned to dismiss the claim on the grounds that its procedures for fall prevention were lawful under the Illinois Nursing Home Care Act.
Injury lawyers at Horwitz, Horwitz & Associates rebutted this argument by stating the breach of a duty of care to his client is clear from the delay in care plan revisions. It wasn’t until their client’s fifth fall that the nurses revised his plan of care. This delay in responding to the client’s status changes violated the language of state and federal regulations. State law requires facilities to develop and implement a care plan for each resident that includes measurable objectives and timetables to meet the resident’s medical, nursing, and mental and psychosocial needs that are identified in the resident’s comprehensive assessment. Federal law mandates that the care plan be periodically reviewed and revised by a team of qualified persons after each assessment.
- Contact Us Today
Horwitz, Horwitz & Associates invites you for a free telephone or in person consultation to discuss your injury and any questions you may have. You can also email us or even speak with us right now on LiveChat, located in the lower right corner of the screen. Even if you do not wish to retain an attorney, we can set you on the right path for free. Most of our lawyers have more than 30 years of experience and we have an outstanding track record in helping our clients and creating a strong trust relationship, as you can see in our Success Record. Please call our Chicago office at (312) 372-8822, or our Joliet office at (815) 723-8822, or you can call our toll free number at (800)-985-1819.