Nursing Home Fall Injury Complaint at Law

Download PDF Version


Complaint at Law

Respectfully submitted, Levin & Perconti, John J. Perconti, Attorney for Plaintiff, Levin & Perconti (#55019), 325 North LaSalle Street, Suite 450, Chicago, Illinois 60610, (312) 332-2872, (312) 332-3112 Fax.

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 follows:

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.

2. EFTHIMIA was born XX/XX/1909.

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.

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.

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.

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.

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.

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.

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

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.

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

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.

13. EFTHIMIA died on May 3, 2005.

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.

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;

(l) 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.

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 ( 210 ILCS 45/3-602 ).

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

The owner and licensee are liable to a resident for any intentional or negligent act or omission of their agents or employees which injures the residents ( 210 ILCS 45/3-601 ).

18. As a direct and proximate result of one or more of the aforementioned careless and negligent acts and omissions and statutory violations, EFTHIMIA was pushed to the floor by another resident and sustained a fractured hip, which resulted in immobility and subsequently caused her death.

19. As a direct and proximate result of the DEFENDANT'S statutory violations, or acts or omissions constituting negligence, EFTHIMIA sustained injuries of a personal and pecuniary nature past, present, and future, including, medical, hospital, funeral and related expenses, pain and suffering and disability and disfigurement, and the decedent would have been entitled to receive compensation from this DEFENDANT for these injuries, had she survived.

WHEREFORE, 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) plus attorneys fees and costs as provided for by Statute.

COUNT II

(Common Law Negligence 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 follows:

1-13. Plaintiff realleges Paragraphs 1 through 13 of Count I of this Complaint as and for Paragraphs 1 through 13 of this Count II.

14. In providing nursing home services to EFTHIMIA, Defendant, THE GREEK AMERICAN NURSING HOMECOMMITTEE, an Illinois not for profit corporation, d/b/a GREEK AMERICAN REHAB & NURSING, through their owners, officers, employees, actual and apparent agents had a duty to exercise ordinary care.

15. Breaching its duty to exercise ordinary care, THE GREEK AMERICAN NURSING HOME COMMITTEE, an Illinois not for profit corporation, d/b/a GREEK AMERICAN REHAB & NURSING, was negligent and careless as a result of one or more of the following acts or omissions:

(a) Carelessly and negligently 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) Carelessly and negligently failed to protect EFTHIMIA from neglect;

(c) Carelessly and negligently failed to provide necessary treatment and services to maintain EFTHIMIA at the highest practicable level of functioning;

(d) Carelessly and negligently failed to provide EFTHIMIA the necessary care and services to prevent a decline in her physical and mental abilities;

(e) Carelessly and negligently failed to develop, institute and carry out interventions which actively addressed EFTHIMIA'S moods;

(f) Carelessly and negligently failed to provide EFTHIMIA necessary treatment and services to attain or maintain the highest practicable level of physical, mental and psychosocial well-being;

(g) Carelessly and negligently failed to notify a physician as to a significant change in EFTHIMIA'S condition;

(h) Carelessly and negligently failed to provide a safe environment to protect EFTHIMIA from physical assault;

(i) Carelessly and negligently failed to protect EFTHIMIA from abuse in that physical injury was inflicted on EFTHIMIA;

(j) Carelessly and negligently failed to timely transport and obtain timely medical treatment;

(k) Carelessly and negligently failed to address behavior by EFTHIMIA that would place her in a position of being injured by other residents;

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

(m) Carelessly and negligently 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) Carelessly and negligently failed to timely intervene and prevent altercation between EFTHIMIA and other residents.

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

(p) Carelessly and negligently failed to redirect EFTHIMIA and other resident when behavior escalated.

(q) Otherwise acted negligently.

16. As a direct and proximate result of one or more of the foregoing negligent and careless acts or omissions, EFTHIMIA was pushed to the floor and sustained a fractured hip, which resulted in immobility and subsequently caused her death.

17. As a direct and proximate result of one or more of the aforementioned careless and negligent acts or omissions, EFTHIMIA sustained injuries of a personal and pecuniary nature including medical, hospital, funeral and related expenses, pain and suffering and disability and disfigurement; and the decedent would have been entitled to receive compensation from the DEFENDANT for these injuries, had she survived.

18. 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).

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 HOMECOMMITTEE, 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).

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 HOMECOMMITTEE, 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.

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

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)

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.

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).

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).

Respectfully submitted,

LEVIN & PERCONTI

<<signature>>

JOHN J. PERCONTI
Attorney for Plaintiff
LEVIN & PERCONTI (#55019)
325 North LaSalle Street
Suite 450
Chicago, Illinois 60610
(312) 332-2872
(312) 332-3112 FAX

Client Reviews
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.
★★★★★
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong, Google User
★★★★★
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim, Avvo User
★★★★★
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia, Avvo User
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa, Avvo User
★★★★★
Contact Us for a Free Consultation (888) 424-5757
Chicago Office Map