James Kasprzyk vs. The Ponds of Wealshire

Introduction:

This case targets both the doctor and nursing home after a resident fell and injured himself on several occasions.

Filed: August 10, 2016

Jurisdiction: Circuit Court of Illinois, Cook County

Category: Nursing Home; Negligence

Plaintiff: James Kasprzyk

Defendant(s): The Ponds of Wealshire, L.L.C.; Aleksandr Podolsky, M.D.

Summary:

The plaintiff in this case was James Kasprzyk. He entered The Ponds of Wealshire in the of August, 2014 for treatment and care. Kasprzyk recently filed a negligence lawsuit in Cook County, Illinois that alleges that he did not receive the kind of care that he expected and deserves under the law. Within his complaint, he complains that he fell on multiple occasions over the course of August and September of 2014. Apparently, this went unnoticed by the medical staff of The Ponds of Wealshire and his injuries multiplied as a consequence. Therefore, he brought suit against the facility to recover for his claimed damages as well as the doctor who provided him services during this time. His basis for seeking compensation is laid out in the next section.

Claims and Damages:

Kasprzyk believes that the negligence of both the nursing home and doctor was to blame for his injuries. With respect to the nursing home, however, here is what he claims it did wrongly: did not recognize the plaintiff’s deteriorating condition; did not provide enough trained staff or items to stop the plaintiff from falling; did not plan for or monitor for the event of the plaintiff falling and injuring himself; and generally was careless in treating Kasprzyk.

The claims against the doctor were similar but slightly different. Here are the main points of the case against him as outlined in the complaint: the defendant doctor did not take proper brain exams of the plaintiff; did not realize the plaintiff was vulnerable to falls; did not lay out a plan to stop the plaintiff from falling; did not examine the plaintiff’s legs during his stay; did not properly diagnose the plaintiff’s condition; did not sufficiently monitor the plaintiff’s condition; and generally was careless in treating Kasprzyk.

As a result of the defendants’ conduct, Kasprzyk claimed that he suffered the following damages:

  • Permanent and severe injuries engendering significant pain
  • Mental anguish
  • Large medical bills and pecuniary losses

Insights:

  • This dispute is striking because of the alleged number of falls. Beyond the first fall, one might presume the nursing home would prevent others and the jury might find that this aggravates the nature of the facility’s misconduct.
  • Unique among nursing home lawsuits, this complaint targets both the doctor and the care facility. Normally, due to the statutory mandates, nursing homes assume the broad well-being of their residents. Therefore, it is harder to go after individual doctors outside of the home.
  • Permanent and severe injuries normally attend high recoveries and when they are combined with brain damage-as is the case here- that can put them into the upper reaches of average compensation levels.

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

Next Up:

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