Disclaimer: The Law Offices of Steven J. Malman & Associates, PC does not represent the clients whose cases, settlements, and verdicts are discussed on this Blog site. Our Chicago injury law firm is reporting on current events. We are not using this Blog site to offer unsolicited legal advice.

Posted On: November 23, 2010

Nursing Home Neglect Leads to $42.7 Million Wrongful Death Verdict

A jury has awarded the family of Joseph Clint Offutt $42.7 million for his wrongful death by nursing home neglect. The 92-year-old had been living at Harborside of Madisonville just nine days when he died in 2008.

Offutt’s relatives contend that because nursing home staff was negligent in the care that they provided him, he ended up developing bedsores, suffering from malnutrition, dehydration, and infection, and eventually death.

Of the $42.7 million wrongful death award, $40 million is for punitive damages, $1 million is for Offutt’s pain and suffering, and $1.75 million is for the loss suffered by his widow Pearline.

In other recent nursing home news, a jury ordered Friendship Manor Care Center to pay $491,747 for Wilbur Jackson’s wrongful death. The 89-year-old had been at the nursing home for just 17 days of what should have been a short-term stay when one of the wheels of the gurney he was being transported in dropped into a crack in a walkway and overturned. His head struck the pavement during the fall accident and he never woke up again.

Following Jackson’s death, the federal government fined Friendship Manor $3,250. The nursing home has a history of violations. In 2008, the assisted living facility was fined $112,650 after an 89-year-old female patient died. Prior to her passing, her legs had to be amputated because of gangrene. The case with the federal government was settled for $75,379. In 2005, Friendship Manor employee Lesley Polek was convicted of sexually abusing patients.

Chicago Nursing Home Neglect
Negligent nursing care has been the cause of death one too many nursing home patients. If you believe your loved one died because an assisted living facility was reckless or careless in any way, you may be able to obtain Chicago, Illinois nursing home negligence recovery by filing a claim or lawsuit.

Family awarded $42.75 million in nursing home case, Kentucky.com, November 19, 2010

Jury: Grinnell nursing home must pay $491,747 in man's death, DesMoines Register, November 23, 2010

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Posted On: November 17, 2010

Schaumburg Woman Files Elk Grove Village Nursing Home Abuse Negligence Lawsuit

A 77-year-old woman is suing ManorCare at Elk Grove Village, St. Alexius Medical Center in Hoffman Estates, and their respective companies for Cook County personal injury. Margaret Mock is alleging Illinois nursing home negligence and negligent medical care.

Mock was injured during a fall accident while staying at the Elk Grove Village assisted living facility to recover from hip surgery. She broke her leg in two places while a nursing home worker was moving her from her bed to a wheelchair.

Because of her weakened state, Mock was unable to undergo surgery for her leg and had to stay at the nursing home for five months. In her Cook County nursing home neglect complaint, Mock contends that the assisted living facility employee’s failure to exercise caution when transferring her to the wheelchair was a violation of the Nursing Home Act.

Mock is also suing Alexius Medical Center because she developed a pressure sore while staying there. She contends that the hospital should have acted to prevent the bedsore from developing.

Mock is seeking over $50,000 plus court costs.

Fall Injuries and Bedsores
Nursing homes and hospitals know that patients recovering from hip surgery are at risk of falling and developing bedsores. There is no reason why there shouldn’t be procedures in place (that are followed) to prevent fall accidents from happening and pressure sores from appearing on the skin.

Common causes of nursing home falls:
• Muscle weakness
• Hip injuries
• Slip and fall
• Medication
• Negligence on the part of nursing home workers
• Lift mechanism malfunctions

Common causes of bedsores:
• Not checking patient for pressure sores
• Failure to frequently and regularly turn immobile patients in their beds
• Improper hygiene
• Malnutrition
• Incontinence
• Dehydration

For an elderly or sick person, a fall injury or a decubitus ulcer can lead to serious complications and even death. If nursing home workers exercise the care necessary, both types of injuries are preventable.


Schaumburg woman sues nursing home after fall, November 17, 2010


Related Web Resources:
Bedsores, MayoClinic

Falls in Nursing Homes, CDC

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Posted On: November 10, 2010

Illinois Nursing Home Negligence?: State Attorney General Lisa Madigan Files Injunction Order to Keep Elgin Assisted Living Facility Permanently Shut

In Illinois, Attorney General Lisa Madigan has filed an injunction against the owners of the Bowes Retirement Center to prevent Angel & Bell Corporation from running any more unlicensed nursing homes. The action also permanently enjoins the assisted living facility from reopening.

The injunction comes after the Illinois Department of Public Health discovered numerous safety and health violations that forced the owners to shut down the Elgin nursing home. The state inspectors found that the retirement home was providing patients with advanced nursing care, including assistance with bathing, feeding, and medications, even though it lacked the appropriate nursing home license, medical requirements, and training to provide such services. Madigan noted that by providing residents with such complex medical care without fulfilling all requirements, the retirement home, which had been promoted as a home for independent adults, was acting in a “dangerous and irresponsible” manner.

Our Chicago nursing home abuse and neglect law firm would like to remind you that a nursing home that fails to provide the proper nursing care can be held liable for Illinois nursing home negligence if a patient gets hurt, suffers health complications, or dies as a result. Over the last couple of years, Bowes had been plagued by allegations of Illinois nursing neglect, abuse, unsanitary conditions, including numerous safety and nursing care concerns that were raised following inspections that took place in May and October 2009.

Nursing Home Negligence
Nursing home workers must have the proper training to do their job. An assisted living facility must also fulfill certain requirements in order to be licensed as a home that is qualified to provide patients with the appropriate care. Whether a patient receives good, experienced nursing attention or poor nursing care can make all the difference to a patient’s health and well-being.

Attorney General Madigan Files Injunction Order to Keep Chicago Area Retirement Center Closed For Good, eNewParkForest, November 10, 2010
State lawsuit vs. Bowes owners near end, Courier-News, November 5, 2010


Related Web Resources:
Illinois Attorney General Home Page

Nursing Homes in Illinois

Continue reading " Illinois Nursing Home Negligence?: State Attorney General Lisa Madigan Files Injunction Order to Keep Elgin Assisted Living Facility Permanently Shut " »

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Posted On: November 5, 2010

Woman Files Illinois Nursing Home Negligence Lawsuit Claiming Assisted Living Facility Staff Fractured Her Leg

A nursing home patient is suing The Lincoln Home Inc. and Weiss Management for Illinois nursing home negligence. Lillie Avant, who is accusing the defendants of over 20 negligent acts and violating the Illinois Nursing Home Care Act, is seeking over $50,000 from the defendants.

Avant claims that on the morning of May 31, her leg broke when nursing home staff tried to turn and reposition her on the bed. At least three workers allegedly saw her grab her leg and cry out while hearing the loud popping sounds of her femur and knee fracturing.

Avant contends that even though she exhibited symptoms of having broken her bones and complained of experiencing serious pain, no one told her doctor or attorney about what happened. It wasn’t until late in the evening that an order for x-rays was placed. The following morning, Avant refused to undergo kidney dialysis treatment because she was hurting so much.

On the night of June 1, Avant was transported to Memorial Hospital where she was treated for multiple knee and leg fractures. She claims that a nursing home representative went into her room while she was heavily medicated to get her to sign a statement regarding the incident.

Avant is requesting a jury trial.

Negligent Nursing Care
Nursing homes can be held liable for negligent nursing care. People are at nursing homes because they need specific, and in many cases, constant nursing care. It is an assisted living facility’s job to provide this proper nursing care.

Staff must be trained to do their jobs correctly. Patients must be closely monitored. Care plans must be followed. Injuries and illnesses must be tended to immediately. Residents must be protected from Chicago nursing home abuse, neglect, and patient violence.

Nursing home resident alleges staff failed to do anything about her broken leg, The Record, October 28, 2010

Illinois Nursing Home Care Act


Related Web Resources:
Nursing Homes in Illinois

Nursing Homes, Medicare

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