Elder Law

Nursing Home Lawsuits Ends with $1 Million Verdict

By Levin & Perconti

Ohio.com reported late last month on the conclusion of a nursing home trial. The suit was filed by the family of a nursing home resident killed by the negligent conduct of her caregivers.

The initial nursing home lawsuit was filed against the Heather Knoll Retirement Village after the death of a 69-year old resident from a falling accident. The victim was sent to the nursing home following back surgery. She intended only to have the facility assist with the recuperation before returning home to her husband of thirty years and two adult children. However, she would never make it out of the facility alive.

Suffering from anemia and a urinary tract infection, the woman had difficulty with movement and needed close care by the medical assistants at the facility. However, on one occasion that help did not arrive. As a result, the woman fell while attempting to get out of bed to go to the restroom. She struck her head and broke her wrist in the fall. She died from the injuries only a week later.

Staff members knew that the victim was at risk for a fall, but they still failed to implement an alarm system that would have made them aware of her leaving bed. If that step would have been the taken, the victim may never have fallen.

The victim had signed an arbitration agreement when being admitted to the facility. Fortunately, however, the jury in this case found the agreement to be over-reaching and therefore unenforceable. Many Illinois nursing home victims have to deal with similar technical legal issues before proceeding with lawsuits against negligent facilities.

Full post as published by Illinois Nursing Home Abuse Blog on February 17, 2011 (boomark / email).