Edward Fiala and his wife were residents of Bickford Senior Living Group. He was confined to a wheelchair and suffered from a disorder that affected his motor control and cognition. The healthcare power of attorney was held by Fiala and his children. The nursing home staff from the beginning of…
Chicago Nursing Home Lawyers Blog
New Illinois Law Will Allow Electronic Monitoring by a Resident in Their Nursing Home Room
A new Illinois law related to nursing homes went into effect on Jan. 1, 2016. The law states, “A resident shall be permitted to conduct authorized electronic monitoring of the resident’s room through the use of electronic monitoring devices placed in the room pursuant to this act,” Section 10(a). This…
State Supreme Court Finds That Nursing Home Abuse Case Was Filed Properly and Was Not Applicable to the Medical Malpractice Act
In an interesting Louisiana Supreme Court case, it was held that in the matter of Lessie Porter, a nursing home resident at Southern Oaks Nursing & Rehabilitation Center, her abuse and treatment by a nursing home nurse was not a medical malpractice issue under the state’s Medical Malpractice Act. The…
Confidential Settlement Reached in Assisted Living Resident’s Fall, Resulting in Injuries and Death
Ms. Doe, 82, lived at an assisted living facility. While she was there she fell, suffering a neck fracture and a myocardial infarction. In other words, not only did she sustain a fractured neck but she had a heart attack as well. Ms. Doe died two hours later. She was…
Cook County Jury Verdict for Injured Senior Who Fell From Wheelchair During Transport to Doctor’s Appointment
A Cook County jury signed a $150,600 jury verdict for injuries suffered by Ruth Ratowitz on Oct. 17, 2011. She was wheelchair-bound and was being transported by Rich Township to and from her healthcare appointment at Ingalls Memorial Hospital’s Professional Office Building in Harvey, Ill. She was 67 years old…
$883,000 Jury Verdict for Failure to Prevent and Treat Pressure Sore at Hospital
William Dieser, 58, underwent surgery at St. Anthony’s Medical Center in St. Louis County, Mo. Several days later, he developed a black spot on his coccyx. The black spot turned out to be a Stage IV pressure sore, which required surgery and removal of his coccyx, low back, buttocks and…
Illinois Appellate Court Affirms Discovery Orders in Nursing Home Abuse Case and Vacates Order of Contempt
The Illinois Appellate Court for the First District has affirmed in part and vacated in part a decision of the Circuit Court of Cook County. In January 2011, Robert Holman was a resident at a long-term care facility in Chicago called the Renaissance at Midway. On or near Jan. 22,…
$38 Million Settlement for Whistleblower Actions Under the False Claims Act Against Operator of Skilled Nursing Facilities
The nursing home real estate trust investment company, Extended Care Real Estate Trust Investments, which operated 146 skilled nursing facilities in 11 states, was found to have over-billed Medicare and Medicaid, provided substandard and essentially worthless nursing care and put in place worthless rehabilitation therapy. Two private citizens, including the…
Jury Enters $16.73 Million for Family Injured by Nursing Home Employee Sent Home Intoxicated
Samuel Dale Graham was driving his SUV; his wife, Sharla Kay, and their two children were passengers. Another motorist, Alisa Prueitt, drove off the road, over-corrected and struck the Graham SUV, which rolled over. Samuel, 37 at the time, suffered fatal blunt-force trauma injuries and died at the scene. At…
Appellate Court Agrees that Arbitration Agreement was Inapplicable to Wrongful Death Claim of Resident’s Beneficiary
A Kentucky Appellate Court has held that an admission agreement’s arbitration clause signed by the resident’s son at the time of her nursing home admission did not apply to the son’s subsequent wrongful death lawsuit against the nursing home and its operators. John Cox III signed an agreement to admit…