Gore vs. River North

Introduction:

This lawsuit involves a fairly straightforward case of alleged negligence on behalf of a nursing home. The plaintiff sued after suffering a fall while living there and for the injuries and damages sustained as a result of it.

Filed: September 9, 2016

Jurisdiction: Circuit Court of Illinois, Cook County

Category: Nursing Home; Negligence; Falls

Plaintiff: Robert Gore

Defendant(S): River North of Bradley Health and Rehabilitation Center, LLC

Summary:

Robert Gore was a resident of River North of Bradley Health and Rehabilitation Center. River North is governed by the Illinois Nursing Home Care Act (210 ILCS 45/1-101). Therefore, it has certain affirmative obligations to protect the general well-being of its residents including Gore. Gore’s complaint suggests that River North broke that mandate. Specifically, he claims to have suffered from a fall on April 6, 2016. While not every fall a nursing home resident suffers necessarily implicates negligence or the Illinois Nursing Home Care Act, Gore claims the facility’s negligence and his resulting injuries do make it relevant. In the next section, his specific arguments are mentioned as well as what he pleads for in his lawsuit.

Claims/Damages:

This negligence action was brought under the Illinois Nursing Home Act based on the following claims:

  • The facility did not properly monitor the plaintiff.
  • The facility did not put in place protections to prevent the plaintiff from falling.
  • The facility created an unsafe environment.
  • The facility did not employee properly trained staff.
  • The facility did not discover or fix the circumstances that allowedthe fall to happen.

The plaintiff claims that the following harms resulted from theaforementioned mistakes:

  • Physical injuries
  • Medical bills
  • Pain and anguish
  • Temporary and permanent disability and disfigurement

Insights:

  • The plans and procedures that River North utilized to prevent falls should be contrasted to the prevailing norms in order to determine if they were adequate in the first place. Then, their implementation of these policies should be scrutinized as well. Plans and procedures are only worth as much as they are used.
  • In addition to the damages listed above, similar plaintiffs often bring a claim for change in normal life to compensate for the fact that many falls leave them unable to do the things they used to be able to do in the past.

Relevant Laws:

  • 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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