For decades the legal team at Levin & Perconti has helped families in Chicago and throughout Illinois whose loved ones were hurt while staying at a nursing home. We frequently take cases to trial, but, on more cases than not, we help facilitate a reasonable settlement between the parties that avoids the time, expense, and stress of a trial.
That is what happened in a recent matter where we reached a settlement for a family in the amount of $900,000 against a senior housing facility in the suburban Chicago area. While no two cases are identical, this matter involves a fact pattern that is far too common throughout the area. The senior resident’s injury stemmed from a fall caused by the facility’s failing to provide proper supervision and assistance.
Illinois Nursing Home Fall Case
The plaintiff in the suit was 74 years old when he was admitted to the defendant-facility. His stay there was rather short, lasting barely over two weeks. Yet, in that time he suffered injury that would lead to permanent disability.
According to the suit, the senior had a history of falls even before moving into the home, and so caregivers were well aware of the risks that they needed to guard against. Making matters worse, the senior was being given psychotropic drugs. The combination of the effect of the drugs and his history of falls due to physical ailments made it critical for caregivers to develop a comprehensive plan to prevent serious falls. After all, ensuring his safety in that regard was one of the main reason he needed to live in the senior housing facility.
Unfortunately, as alleged in the suit, the facility did not act appropriately to “develop, implement, and revise a care plan” that accounted for the senior’s fall risk. As a result, only two weeks after his arrival, the man was found on the floor of his room. He had fallen and suffered a serious head injury. The man’s experienced a subdural hematoma–bleeding on the brain. This is a serious, but common, consequence of nursing home falls.
In this senior’s case, the injury led to permanent harm. Now age 79, the plaintiff has still not fully recovered. His family explains how he requires continued treatment as a result of the fall over five years ago.
Nursing Home Settlement
Upon taking up the case, our nursing home lawyers investigated the situation and began discussions with the facility in an effort to reach an amicable settlement to ensure full accountability for the injury. Fortunately, an agreement was reached in the amount of $900,000. This was the limit of the facility’s insurance policy. The insurance policy was an “eroding” one, which means that the amount of money available under the terms were lessened the longer that that case wore on. These policies essentially provide incentive for settlement and avoidance of knock-down, drag out legal fights that require much time and expense. As a result they are common among some nursing homes in the area.
Unfortunately, serious falls like that in this case are far from uncommon. Often due to understaffing and lack of sufficient training, caregivers fail to act reasonably to prevent all falls. If you or a loved one is in that situation, be sure to seek out a legal professional for tailored guidance and support in demanding accountability for the accident.