Cornell vs. Parkshore Estates Nursing

Introduction:

This case involved a woman in her early sixties who was placed under the care of a nursing home and while there suffered a fall resulting in broken bones. She sued her providers according to various state and federal laws.

Filed: August 22, 2016

Jurisdiction: Circuit Court of Illinois, Cook County

Category: Nursing Home; Negligence; Falls

Plaintiff: Linda Cornell

Defendant(s): Parkshore Estates Nursing and Rehabilitation; Infinity Healthcare Management

Summary:

This case was recently filed in Cook County, Illinois. Linda Cornel, a woman approximately 60 years old, claimed that her nursing home and the management company that operated it provided her deficient care which resulted in her injuries. What exactly happened is that on September 6, 2014 she fell while residing at Parkshore Estates. Subsequently, she was taken to Jackson Park Hospital for diagnosis and treatment. At Jackson, the doctors discovered that she had sustained displaced fracture in her left humerus bone, a significant injury. Furthermore, doctors recommended and performed an internal fixation as well as various other prescriptions. Cornell thought that these events and corresponding injuries occurred because of the improper actions of the nursing home and management company. These will be reviewed in the next section.

Claims and Damages:

In her civil suit, Cornell claimed that the nursing home and management company were negligent in several respects. With regards to the former, here are some of her claims:

  • The nursing home did not do all that it should to take care of Cornell’s wellbeing;
  • The nursing home did not give Cornell enough supervision or help to avoid falls which it should have realized she was vulnerable to suffer;
  • The nursing home did not create or implement a plan to care for her wellbeing including one that prevented falls;
  • The nursing home did not provide Cornell with devices sufficient to protect her from falls; and
  • The nursing home did not provide Cornell with the standard and quality of care that she deserved.

With regard to the latter (the management company), here are some of her most crucial claims:

  • The management company failed to allocate enough staff and resources to prevent Cornell from falling;
  • The management company failed to hire and train enough capable nurses to prevent Cornell from falling; and
  • The management company failed to create and maintain policies and procedures designed to comply with state and federal laws.

Due to these claims, she alleges that she suffered the following damages:

  • Fractured humerus
  • Pain and suffering
  • Disability and disfigurement
  • Medical bills and other financial losses

Insights:

  • With a lot of fall cases in nursing homes, the starting point is normally if there was any indication, representation, or doctor’s directive that the patient was at risk for falling. If so, the defendant had notice and had more of an obligation to protect against them.
  • Typically, nursing homes are supposed to generally care for residents and protect their whole well-being. This normally includes creating a plan to prevent falls. This plan should be meticulously analyzed for sufficiency because it could be the fire wall that the defendants rely upon.
  • The play for damages is normally strengthened with a clear sign of disability of broken bone. The latter is the case here and that should help the plaintiff because broken bone cases fetch higher recoveries than some other injuries including strains, sprains, and general suffering.

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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