Recovered Favorable Settlement
Injury attorneys at Horwitz, Horwitz & Associates negotiated a favorable settlement incurred in favor of their client.
- The Case
An elderly female experienced 18 falls during her stay in a nursing home in LaGrange, Illinois, because she had been repeatedly left unsupervised. On the date of her most recent fall, our client fractured both of her hips. She required surgery to repair the bone fractures and endured an extensive recovery period. The bilateral hip fractures subsequently led to severe contractures. As a result, she lost all ability to ambulate and is wheelchair bound.
- In Depth Look
The nursing home admitted our client for rehabilitation and her goal was to return home once she completed her rehab sessions. Put at extreme high risk for her second fall, she remained at this level during her proceeding falls. Horwitz, Horwitz & Associates’ nursing home abuse and neglect attorneys argued that the facility failed to implement any preventative measures to stop his client from falling. They also proved that it failed to inform the family of any of her falls. The nursing home did not contact the resident’s family until she fell for the eighth time. The family was not told about her prior falls. Because our client had severe Alzheimer’s, she was not an accurate self-reporter.
Despite her care plans, which noted her as being at high risk for falls, requiring stand by assist at all time and monitoring during bathroom visits, as well as total assist from all transfers from bed to chair, our client suffered 10 more falls. The staff simply did not carry out their resident’s care plan.
The nursing home denied liability for our client’s injuries. It claimed it did not breach any duty of care as set out in the Illinois Nursing Home Care Act. The defendant argued that her falls were not caused by the employees’ lack of supervision.
Injury attorneys at Horwitz, Horwitz & Associates pointed out that when their client was admitted to the nursing home, it was established that she receive long term and initial rehabilitation services for gait strengthening. She had been assessed as being at risk for falls. They argued that the staff failed to implement any safety protocol to help prevent his client from suffering falls.
The defendant argued that the staff cannot be everywhere at all times. Horwitz attorneys rebutted this argument by stating that the facility should be adequately staffed to care for the number of residents it admits. They provided testimony that painted a picture of a disorganized nursing department that was inadequate and wrought with moments during which residents were left unsupervised.
- 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.