Levin & Perconti obtained a $900,000 settlement in a nursing home negligence case involving a 74-year-old man who sustained a permanent brain injury after a preventable fall. The settlement reflects the full policy limit of the senior care facility’s eroding insurance coverage and underscores the consequences of failing to implement a proper fall-prevention care plan.
Key Takeaways
- $900,000 Settlement: Full policy limit secured from the facility’s eroding insurance coverage.
- Fall Prevention Failure: The senior care facility failed to implement safeguards despite known risks.
- Permanent Injury: The plaintiff suffered a subdural hematoma and long-term complications.
- Legal Significance: Highlights the risk of eroding policies and the importance of timely legal intervention.
How Did the Resident’s Condition Worsen at the Facility?
The 74-year-old man had a documented history of falls and was prescribed psychotropic medications, which increased his risk of instability. Despite these warning signs, the facility failed to develop and revise a personalized fall-prevention care plan. Just two weeks into his stay, the man was discovered on the floor of his room, having suffered a serious head injury.
The injury was later diagnosed as a subdural hematoma, a form of bleeding on the brain. Now, many years later, the plaintiff continues to receive treatment and has never regained his full health.
What Led to the $900,000 Settlement in This Case?
Levin & Perconti initiated legal action against the nursing facility, emphasizing the preventability of the fall and failure to comply with standard care protocols. A settlement was reached for $900,000, the maximum available under the facility’s eroding insurance policy. The legal team moved quickly to secure compensation before mounting legal fees could reduce the coverage.
What Is an Eroding Insurance Policy and Why Does It Matter?
Eroding policies reduce the available settlement funds as legal defense costs accrue. Here’s how they compare to standard policies:
- Coverage Reduces?
- Eroding Policy: Yes
- Standard Policy: No
- Incentive to Settle?
- Eroding Policy: High
- Standard Policy: Low
- Common in Nursing Homes?
- Eroding Policy: Yes
- Standard Policy: Sometimes
These policies put added pressure on plaintiffs to act swiftly or risk diminishing available funds.
Which Levin & Perconti Attorneys Were Involved in the Case?
This case was handled by Margaret P. Battersby Black, managing partner at Levin & Perconti. Widely recognized for her success in high-stakes litigation, she has earned numerous accolades, including Top 100 Illinois Super Lawyers and the Carole K. Bellows Women of Influence Award. Her record includes a $17.7M medical malpractice settlement and $9M birth injury result.
Why Was This Case Legally Significant?
This case draws attention to how understaffed or poorly managed nursing homes may neglect vulnerable residents, particularly those with known fall risks. The failure to create and execute a fall-prevention plan represents a systemic issue in elder care. Families should look for signs such as unexplained injuries, repeated falls, or staff shortages as potential red flags of neglect.
About Levin & Perconti
Levin & Perconti is a nationally recognized law firm based in Chicago, Illinois. With over three decades of experience, the firm is a national leader in nursing home abuse, elder neglect, medical malpractice, and wrongful death litigation. The firm’s commitment to justice has resulted in record-breaking verdicts and settlements.
What Does It Cost to Hire Levin & Perconti?
Levin & Perconti operates on a contingency fee basis. This means there are no upfront legal fees, the firm only collects if the case results in a settlement or verdict. This structure ensures that all clients can pursue justice without financial barriers. If someone you love was injured in a nursing home fall, contact Levin & Perconti today for a free consultation.
