Defendant's Answer to Nursing Home Fall Complaint

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Answer to Plaintiff's Complaint at Law

Respectfully submitted, The Greek American Nursing Home Committee, Joshua P. Lauby, One of its attorneys, McVey & Parsky, LLC, 30 N. LaSalle Street, Suite 2100, Chicago, IL 60602, Phone: 312/551-2130, Fax: 312/551-2131, Firm No. 39907.

Calendar Z

NOW COMES Defendant, THE GREEK AMERICAN NURSING HOME COMMITTEE, by and through its attorneys, McVEY & PARSKY, LLC, and for its Answer to Plaintiff's Complaint at Law, states as follows:

COMPLAINT AT LAW

The Plaintiff, JAMES QUINTAS, as Special Administrator of the Estate of EFTHIMIA QUINTAS. Deceased, by his attorneys, LEVIN & PERCONTI, complains against Defendant, THE GREEK AMERICAN NURSING HOME COMMITTEE, an Illinois not for profit corporation, d/b/a GREEK AMERICAN REHAB & NURSING, as follows:

COUNT I

(Nursing Home Care Act vs. Greek. American Nursing Home - Survival Action)

The plaintiff, JAMES QUINTAS, as Special Administrator of the Estate of EFTHIMIA QUINTAS, Deceased, by his attorneys, LEVIN & PERCONTI, complains against Defendant, THE GREEK AMERICAN NURSING HOME COMMITTEE, an Illinois not for profit corporation, d/b/a GREEK AMERICAN REHAB & NURSING, as folows:

1. The plaintiff, JAMES QUINTAS, as Special Administrator of the Estate of EFTHIMIA QUINTAS, Deceased, (“EFTHIMIA”) brings this action pursuant to 755 ILCS 5/27-6, et seq., commonly known as the Survival Act of the State of Illinois.

ANSWER: This Defendant will admit that the Plaintiff is bringing the action pursuant to the statute quoted, but denies the statute's applicability, denies the breach of any duty under said statute and further denies the remaining allegations of Paragraph 1.

2. EFTHIMIA was born XX/XX/1909.

ANSWER: The allegations of Paragraph 2 are denied.

3. EFTHIMIA was a resident of the long-term care facility known as THE GREEK AMERICAN NURSING HOME COMMITTEE, an Illinois not for profit corporation, d/b/a GREEK AMERICAN REHAB & NURSING (“FACILITY”) from June 23, 2003, through March 30, 2005.

ANSWER: This Defendant will admit that the decedent was a resident of its facility at certain times, but denies the remaining allegations contained in Paragraph 3.

4. During all times relevant to this Complaint, THE GREEK AMERICAN NURSING HOME COMMITTEE was an Illinois Corporation and Licensee of the Facility located at 220 North First Street, Wheeling, Illinois.

ANSWER: This Defendant will admit that it was an Illinois corporation and licensee of the facility located at the address noted in Paragraph 4. This Defendant denies the remaining allegations of Paragraph 4.

5. During all times relevant to this Complaint, THE GREEK AMERICAN NURSING HOME COMMITTEE, was the Owner of the nursing home site and nursing home building known as GREEK AMERICAN REHAB & NURSING (“Facility”) located at 220 North First Street, Wheeling, Illinois.

ANSWER: This Defendant denies the allegations of Paragraph 5.

6. At all times relevant to this Complaint, there was in full force and effect, a statute known as the Nursing Home Care Act, as amended (the “Act”), 210 ILCS 45/1-101 et seq. and the Facility owned and operated by, THE GREEK AMERICAN NURSING HOME COMMITTEE, an Illinois not for profit corporation, d/b/a GREEK AMERICAN REHAB & NURSING, was a “facility” as defined by 45/1-113 of the Act and was subject to the requirements of the Act and the regulations of the Illinois Department of Public Health promulgated pursuant to the Act.

ANSWER: This Defendant will admit that the statute referenced was in effect at the time referenced in the Complaint and that this Defendant was a facility as defined by the Act and was subject to certain requirements of the Act and certain regulations of the Illinois Department of Public Health. This Defendant denies the remaining allegations of Paragraph 6.

7. At all times relevant to this Complaint, the Facility was subject to the requirements of 42 U.S.A. §1396r (1990) et seq., as amended by the Omnibus Budget Reconciliation Act of 1987 (“OBRA”) and Volume 42, Code of Federal Regulations, Part 483 setting forth Medicare and Medicaid Requirements for Long Term Facilities (“OBRA REGULATIONS”), as effective on October 1, 1990.

ANSWER: This Defendant denies the allegations contained in Paragraph in that the federal statutes and regulations referenced do not provide for a private cause of action and do not establish a standard of care.

8. At all times relevant to this Complaint, the Facility, operated by, THE GREEK AMERICAN NURSING HOME COMMITTEE, an Illinois not for profit corporation, d/b/a GREEK AMERICAN REHAB & NURSING, was a “nursing facility” as defined by 42 U.S.C.A. §1396r.

ANSWER: This Defendant denies the allegations contained in Paragraph in that the federal statutes and regulations referenced do not provide for a private cause of action and do not establish a standard of care.

9. Upon admission to the Facility, EFTHIMIA had been diagnosed with dementia, hypertension, and depression.

ANSWER: This Defendant denies the allegations of Paragraph 9

10. EFTHIMIA had numerous falls while at the Facility including but not limited to fall incidents on January 18, 2004, March 17, 2004, August 28, 2004, and November 8, 2004.

ANSWER: This Defendant denies the allegations of Paragraph 10.

11. On March 29, 2005, while in the Facility, another resident pushed EFTHIMIA to the floor.

ANSWER: This Defendant denies the allegations of Paragraph 11.

12. On March 30, 2005, EFTHIMIA was sent to Lutheran General Hospital where she was diagnosed with a fractured hip from the incident on March 29, 2005.

ANSWER: This Defendant will admit that the resident was transferred to Lutheran General Hospital on the date noted but denies the remaining conclusions contained in Paragraph 12.

13. EFTHIMIA died on May 3, 2005.

ANSWER: This Defendant has insufficient knowledge regarding the allegations of Paragraph 13 and, therefore, denies same.

14. Defendant, through its owners, officers, employees and agents had a duty not to violate the rights of any resident of the Facility including the duty not to abuse or neglect any resident, as provided by 210 ILCS 45/2-107, 210 ILCS 45/1-103, and 210 ILCS 45/1-117 of the Act.

ANSWER: This Defendant will admit to all duties imposed by law, but denies the allegations of Paragraph 14 to the extent that they try to imply that this Defendant had duties not imposed by law.

15. During the period of EFTHIMIA'S residency at the Facility, THE GREEK AMERICAN NURSING HOME COMMITTEE, an Illinois not for profit corporation, d/b/a GREEK AMERICAN REHAB & NURSING, by and through their agents and employees violated the Act in that the Defendant:

(a) In violation of 77 Ill.Admin.Code, Ch.I, §300.1210 a), failed to provide adequate and properly supervised care as needed by EFTHIMIA and/or develop, institute and carry out interventions which actively addressed EFTHIMIA'S behavioral and mood changes;

(b) In violation of 77 Ill.Admin.Code, Ch.I §300.3240, failed to protect EFTHIMIA from neglect;

(c) In violation of §483.25 of the OBRA REGULATIONS, failed to provide necessary treatment and services to maintain EFTHIMIA at the highest practicable level of functioning;

(d) In violation of §483.25(a) of the OBRA REGULATIONS, failed to provide EFTHIMIA the necessary care and services to prevent a decline in her physical and mental abilities;

(e) In violation of §483.25(f) of the OBRA REGULATIONS, failed to develop, institute and carry out interventions which actively addressed EFTHIMIA'S moods;

(f) In violation of 77 Ill.Admin.Code, Ch.I, §300.340, incorporating §483.25 of the OBRA REGULATIONS, failed to provide EFTHIMIA necessary treatment and services to attain or maintain the highest practicable level of physical, mental and psychosocial well-being;

(g) In violation of §483.10 (b)(11) of the OBRA Regulations, failed to notify a physician as to a significant change in EFTHIMIA'S condition;

(h) In violation of §483.15(h) of OBRA REGULATIONS, failed to provide a safe environment to protect EFTHIMIA from physical assault;

(i) In violation of the Act, failed to protect EFTHIMIA from abuse as defined in §45/1-103 in that physical injury was inflicted on EFTHIMIA;

(j) In violation of the Act, failed to timely transport and obtain timely medical treatment;

(k) In violation of State and Federal Regulations that govern nursing homes, failed to address behavior by EFTHIMIA that would place her in a position of being injured by other residents;

(1) Failed to address behavior by EFTHIMIA that would place her in a position of being injured by other residents;

(m) In violation of State and Federal Regulations that govern nursing homes, failed to address behavior by other residents that injured EFTHIMIA that should have alerted the nursing home to the possibility of such an injury occurring;

(n) Failed to timely intervene and prevent altercation between EFTHIMIA and other residents.

(o) Failed to closely supervise EFTHIMIA and other resident to prevent physical contact from occurring.

(p) Failed to redirect EFTHIMIA and other resident when behavior escalated.

(q) Otherwise acted negligently.

ANSWER: This Defendant denies the allegations of Paragraph 15, including the allegations contained in all of it subparagraphs.

16. The Nursing Home Care Act, as amended, provides as follows:

The licensee shall pay the actual damages, and costs and attorney's fees to a facility resident whose rights, as specified in part 1 of Article 2 of this Act, are violated ( 735 ILCS 5/2-622 (a)(2).

ANSWER: This Defendant will admit that an affidavit is attached but denies it complies with the statute quoted and further denies any facts set forth in the affidavit.

WHEREFORE, the Plaintiff, JAMES QUINTAS, as Special Administrator of the Estate of EFTHIMIA QUINTAS, Deceased, asks that a judgment be entered against Defendant, THE GREEK AMERICAN NURSING HOME COMMITTEE, an Illinois not for profit corporation, d/b/a GREEK AMERICAN REHAB & NURSING, in a fair and just amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00).

ANSWER: WHEREFORE, this Defendant denies that the Plaintiff is entitled to a judgment in any sum whatsoever.

COUNT III

(Common Law Negligence vs. Greek American Nursing Home - Wrongful Death)

The plaintiff, JAMES QUINTAS, as Special Administrator of the Estate of EFTHIMIA QUINTAS, Deceased, by his attorneys, LEVIN & PERCONTI, complains against Defendant, THE GREEK AMERICAN NURSING HOME COMMITTEE, an Illinois not for profit corporation, d/b/a GREEK AMERICAN REHAB & NURSING, and states as follows:

1. The plaintiff, JAMES QUINTAS, as Special Administrator of the Estate of EFTHIMIA QUINTAS, Deceased, brings this action pursuant to 740 ILCS 180/1 et seq., commonly known as the Wrongful Death Act of the State of Illinois.

ANSWER: The allegations of Paragraph 1 are denied.

2-15. Plaintiff realleges paragraphs 2 - 15 of Count II of this Complaint as and for paragraphs 1 - 15 of this Count III.

ANSWER: This defendant realleges its responses to Paragraphs 2 through of Count II as and for its responses to Paragraphs 2 through of Count III.

16. As a direct and proximate result of one or more of the aforementioned careless and negligent acts or omissions, EFTHIMIA, was pushed to the floor by another resident sustaining a fractured hip, which subsequently caused her death on May 3, 2005.

ANSWER: The allegations of Paragraph 16 are denied.

17. EFTHIMIA left surviving him various persons who were her next of kin, including, but not limited to the following individuals:

JAMES QUINTAS (Son)

JOYCE HEIT (Daughter)

TED QUINTAS (Son)

ANSWER: The allegations of Paragraph 17 are denied.

18. All of EFTHIMIA'S next of kin suffered injuries as a result of her death, including the loss of companionship and society. Further, EFTHIMIA'S estate was diminished by virtue of the medical and funeral expenses that were incurred.

ANSWER: The allegations of Paragraph 18 are denied.

19. Attached to this Complaint as Exhibit “A” is the Affidavit of the attorney in this cause, filed pursuant to 735 ILCS 5/2-622 (a)(2).

ANSWER: This Defendant will admit that an affidavit is attached but denies it complies with the statute quoted and further denies any facts set forth in the affidavit.

WHEREFORE, the Plaintiff, JAMES QUINTAS, as Special Administrator of the Estate of EFTHIMIA QUINTAS, Deceased, asks that a judgment be entered against Defendant, THE GREEK AMERICAN NURSING HOME COMMITTEE, an Illinois not for profit corporation, d/b/a GREEK AMERICAN REHAB & NURSING, in a fair and just amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00).

ANSWER: WHEREFORE, this Defendant denies that the Plaintiff is entitled to a judgment in any sum whatsoever.

Respectfully submitted,

THE GREEK AMERICAN NURSING HOME COMMITTEE

BY: <<signature>>

Joshua P. Lauby
One of its attorneys
McVEY & PARSKY, LLC
30 N. LaSalle Street
Suite 2100
Chicago, IL 60602
Phone: 312/551-2130
Fax: 312/551-2131
Firm No. 39907

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