Thursday, March 5, 2015

Family of Nursing Home Resident Who Suffered Fractured Leg Receives Financial Settlement

The Chicago Nursing Home Attorneys at Keating Law Offices have successfully obtained a settlement on behalf of a former resident of a west suburban nursing home. The resident suffered a severe fracture in his femur while at the nursing home. The family of the resident suspected it was from a fall, but representatives of the nursing home denied that any incident ever occurred and even went so far as to claim the family may have been responsible for the fall. Our nursing home attorneys were able to uncover evidence in a lawsuit against the nursing home that conclusively showed that the injuries occurred on their watch. 

The incident took place at a nursing home in the western suburbs of Illinois in August 2011. The claim alleged that the elderly resident was injured as a result of the nursing home’s failure to provide him with proper care. The lawsuit alleged that the leg injury actually occurred when nursing home staff members dropped him while transferring him onto a lift. As a result, the resident was hospitalized on two different occasions to treat the fracture as well as significant swelling in his left knee and leg.

It was also discovered that after the resident suffered this excruciating injury, the nursing home staff members then failed to provide him with his prescription pain medicine. This failure obviously led to unnecessary pain and suffering for the resident.

Under the Illinois Nursing Home Care Act (210 ILCS 45/1-101 (2011)) all nursing homes and other long-term care facilities are required to treat their residents with the same level of care that a reasonably careful nursing home or facility would have used in the same situation. When the nursing home fails to treat their residents with a reasonable amount of care, as the nursing home in this case was alleged to have done, it may be liable as was the situation here.

Additionally, when the nursing home staff fails to provide proper care to its residents which ultimately results in injuries sustained, the nursing home might be in violation of the applicable provisions of the Code of Federal Regulations and the Illinois Administrative Code. According to Section 3-601 of the Illinois Nursing Home Care Act, “the owner and licensee are liable to a resident for any intentional or negligent act or omission of their agents or employees which injures a resident.” 210 ILCS 45/3-601. The provision makes the nursing home liable for all negligent acts or omissions committed by its staff members because a reasonably well-qualified nursing staff member should be able to transfer its residents without causing injuries.

Under Section 1-117 of the Illinois Nursing Home Care Act, “neglect” means a facility’s failure to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living that is necessary to avoid physical harm, mental anguish, or mental illness of a resident. 210 ILCS 45/1-117. As alleged here, the nursing home staff members’ failure to provide a resident with pain medication falls within the definition of “neglect” because it can result in physical harm and mental anguish for said resident.

Ultimately, the nursing home negligence and abuse attorney at Keating Law Offices were able to present overwhelming evidence that the injury occurred at the nursing home and that the resident's pain and suffering was increased by the failures to administer the pain medication. Ultimately, justice was obtained for this victim of nursing home negligence and abuse.

Keating Law Offices has successfully obtained settlements on behalf of victims of nursing home abuse. Due to the terms of the settlement agreement between the resident and the nursing home, the identity of the parties and further details are confidential. If you or a loved one have suffered from a fractured leg or have had your medication improperly withheld in an Illinois nursing home, contact an experienced Chicago nursing home neglect attorney to evaluate your case.