Chicago Nursing Home Broken Bone Lawyer

Seek Justice for Fractures in Chicago Nursing Homes

Elderly residents at facilities like Lakeview Rehab & Nursing Center or Warren Barr Lincoln Park have sustained life-threatening injuries due to nursing home abuse and neglect. A Chicago nursing home broken bone lawyer from Rosenfeld Injury Lawyers can help nursing home residents receive the care and justice they deserve after suffering injuries in an assisted living facility or care home. 

Contact our legal team today for a thorough investigation and discussion of your legal options. 

Settlements Recovered by Our Chicago Law Firm

• $1,700,000: Selma, a Lakeview woman, suffered a hip fracture and subdural hematoma at a nursing facility due to inadequate monitoring after having a shower.
• $735,000: Annie was rehabbing at a facility near the University of Chicago when she fell from her wheelchair, causing a broken leg and compression fracture in her cervical spine.
• $610,000: Rich, a Bridgeport nursing home resident, suffered serious injuries after staff members improperly used a Hoyer Lift. 

What Are the Most Common Fractures Sustained by Nursing Home Residents?

According to the CDC, an older adult dies from fall injuries every 19 minutes in the United States. Tragically, the University of Illinois-Chicago found that elderly residents of for-profit nursing homes were significantly more likely to suffer from abuse or neglect, which includes heightened fall risks. 

Common types of fractures sustained by nursing home residents include:

• Hip and pelvic fractures
• Arm and wrist fractures
• Ankles and leg fractures
• Spinal fractures
• Skull fractures

Nursing home negligence is a significant factor in broken bone cases. Elderly individuals may have limited mobility and require assistance using the bathroom or transferring from a wheelchair to a bed. When facilities are understaffed, a nursing home patient may attempt to help themselves, leading to falls.

Medical malpractice, such as misdiagnosing a fracture as a sprain, may lead to delayed medical care and significant pain. In some cases, the patient may have an underlying medical condition, like osteoporosis, that requires special care instructions. The nursing home may refuse to offer sufficient medical treatment, resulting in fractures. 

Our nursing home neglect lawyers will identify all potentially liable parties and ensure that they are held accountable for your loved one’s injuries. This can include nursing home staff members, administrators, prescribing physicians, and property owners, depending on the specifics of the case. 

What Is the Average Payout for Broken Bones in Illinois Nursing Homes?

The average payout for a nursing home broken bone is $1,363,968. Factors that determine compensation include the severity of the injury, the available evidence and proof of liability, the overall medical costs, and the patient’s pre-existing medical conditions or age. 

Example Cases

Willie Green, 66, was a patient at Southpoint Nursing and Rehabilitation Center who had syncope, which results in sudden fainting spells. While at the nursing home, Green suffered an unwitnessed fall that caused a traumatic brain injury and skull fracture. 

The brain injury left him bedbound for the last four months of his life before he developed bedsores and passed away from his fall injuries. The Cook County Circuit Court determined that the nursing home should have provided standby care and awarded his loved ones 
$2,777,000.92. 

Linda Zahn, 68, was residing at Alden Creek Nursing Center in Chicago when employees failed to use appropriate assistive devices when transferring her from a wheelchair to a shower. She fractured her hip, requiring extensive surgery, and subsequently developed sepsis due to inadequate post-operative care. The court awarded her $1,011,864.00. 

What Laws Govern Nursing Home Neglect Cases Involving Broken Bones?

Federal, local, and state laws regulate nursing home abuse. 

Any nursing home that provides Medicare or Medicaid services must abide by the Federal Regulatory Groups for Long Term Care, including a safe, clean, and homelike environment that is free from accident hazards. Nursing homes must prevent physical, sexual, financial, or mental abuse and neglect while preserving the patient’s dignity and mobility. 

The Illinois Nursing Home Care Act requires facilities to meet the basic medical needs of all residents and protect their human rights. It also defines neglect as failure to provide or willful withholding of treatment or support for activities of daily living (210 ILCS 45/).

Chicago defers to the Illinois Nursing Home Care Act regarding facility standards, but also authorizes the Chicago Department of Health and the Fire Department to inspect all facilities on a biannual basis to ensure they are safe and habitable. If the facilities are found deficient, such as not meeting building codes or being unsanitary, the facility may have its license revoked (4-6-100). 

How Long Do Victims and Family Members Have to Take Legal Action?

You have two years to seek compensation under the Illinois Personal Injury Statute of Limitations (735 ILCS 5/13-202). As insurance negotiation can take several years, it’s essential to contact a Chicago nursing home abuse attorney as soon as possible to schedule your complimentary consultation. 

How to Strengthen Your Case

Prompt action can protect your loved one while supporting your legal case. Follow these steps as soon as possible. 

• Call 911 for Immediate Medical Assistance: A fracture can be life-threatening, especially for an older individual. 
• Collect Medical Records: Gather copies of all nursing home records, care plans, and surgeries. If the resident was on any medication, ask for medication management plans and what the common side effects are. Some common medications can cause dizziness or drowsiness, which should be carefully monitored by the staff. 
• Document the Fall: Ensure you take pictures of the nursing home, including any hazards like wet floors or uneven surfaces. Preserve any scans, X-rays, and MRIs of the fracture. 
• Interview Witnesses: Note down names, dates, and the location of the fall. Consider whether there are any inconsistencies in the reports or conflicting evidence, which may suggest negligence. 
• Gather Staff Information: Request copies of staff logs, care plans, nursing home communications, and incident reports.
• Review Nursing Home Protocols: Ask for copies of the facility’s fall prevention plan and what assistive equipment may have been used during the fall. 
• Do Not Speak to Insurance: Refuse to speak to insurance agents or nursing home administrators without your attorney present. The facility may attempt to make you settle for less than you deserve. 
• Contact a Nursing Home Abuse Lawyer: Our caring personal injury attorneys work on a contingency fee basis. Contact us for a free consultation about your case.

Why Choose Our Chicago Nursing Home Lawyers

If you or a loved one has suffered a fracture in a nursing home, you’re not alone. Our team is here to support you through this challenging time, ensuring you receive the best possible care.

Our compassionate personal injury attorneys in Chicago are widely recognized as leading advocates for the elderly and their families. We regularly contribute to the National Law Review, sharing legal scholarship about elder abuse.

Most importantly, we are members of the Million Dollar Advocates Forum, having secured over $450 million in settlements and positive verdicts over the past 25 years. We will thoroughly review your case, guide you through the legal process, and protect your rights at every step of the process. 

The team at Rosenfeld Injury Lawyers works on a contingency basis: no fees unless we win. This ensures that every nursing home resident can access top-notch legal support from caring, passionate attorneys. Call us 24/7 at (888) 424-5757 or use our online contact form to schedule a free case review with our legal team. 

Sources: Law.com