Carrasquillo vs. Presence Senior Services - Chicagoland

Introduction:

This case was recently filed in Cook County, Illinois and pertains to one of the most common incidents to occur in nursing homes: falls.

Filed: August 11, 2016

Jurisdiction: Circuit Court of Illinois, Cook County

Category: Nursing Home; Negligence; Fall

Plaintiff: Penny Carrasquillo

Defendant(s): PRESENCE SENIOR SERVICES - CHICAGOLAND, d/b/a PRESENCE RESURRECTION NURSING and REHABILITATION CENTER

Summary:

Joyce Gerspach was admitted to the Presence Resurrection Nursing and Rehabilitation Center on September 1, 2014. She entered the facility to recover from treatment she received related to chronic obstructive pulmonary disease. Gerspach required extensive care and medical attention following her time at the hospital for these procedures and expected Presence would provide that suitably. However, in the complaint mentioned above, her representative and counsel suggests that she in fact did not receive quality care while living there. In their suit, they suggest that Gerspach fell while living there and the fault lie on the nursing home for all the injuries that beset her because of this tumble. Her allegations are outlined in more detail in the following section.

Claims and Damages:

This suit alleges that the nursing home failed to provide the level of care requisite for what the resident expected and was due. In particular, the complaint makes the following points: the defendant did not give the plaintiff enough care to take care of her well-being; the defendant neglected the plaintiff; the defendant did not supervise the plaintiff; the defendant did not monitor or track the plaintiff’s condition following her surgeries prior to being admitted to the nursing home (and the reason why she entered the nursing home in the first place); and the defendant did not properly staff enough qualified personnel to ensure that the plaintiff was properly attended. There are other claims mentioned within the complaint but these are the essential points. The gist of is that the plaintiff contends that the defendant did not properly take care of the resident and because of that she fell and was injured. Due to these injuries, the plaintiff maintains the following damages:

  • Hospital and medical bills
  • Pain and discomfort
  • Sickness and other internal pain

Insights:

  • The victim in this suit was ostensibly admitted for care related to obstructive pulmonary disease. The key for plaintiff’s counsel will be to tie that condition to a risk for falls.
  • Illinois statutes expressly require nursing homes to guarantee the general well-being of their residents. Here, the health of the plaintiff definitely declined so it should not be hard to imagine that is was through the fault of the facility. Yet, the ball is still in the plaintiff’s court because she must show how this happened.
  • When plaintiffs are already sick, juries are weary to award large recovery sums for incidents only offer intangible injuries such as pain versus specific ones like broken bones or death. Here, it will be the plaintiff’s counsel task to elaborately depict how this accident affected her in order to justify serious compensation.

Related Laws/Cases:

  • 210 ILCS 45/
  • 210 ILCS 45/3-601
  • 210 ILCS 45/3-602
  • 755 ILCS 5/27-6
  • 740 ILCS 180/1
  • 42 USCA §1396r

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