An 80-year-old woman, was admitted to a healthcare and rehabilitation center, in Chicago. She was suffering pain and weakness in her legs after she had fallen at home, and she was admitted to the facility for a course of short-term rehabilitation that lasted eight weeks. Her family claimed that the resident developed a bedsore on her buttocks during her time there, and it was a result of inadequate treatment at the center.
Her son sued the healthcare and rehabilitation center and two affiliated entities. He also sued the facility’s admitting nurse. He alleged that the defendants violated the Illinois Nursing Home Care Act.
The resident’s counsel alleged that the center failed to implement a care plan for the woman, who was at risk for a skin breakdown due to her other health conditions, i.e., mild dementia. Her counsel argued that as a result of the nursing staff’s failure to properly treat the resident, she developed the bedsore, which deteriorated to a depth of 4 centimeters. The family also claimed that the nurses failed to provide immediate care for the wound once it was discovered; and, that they waited several weeks before implementing treatments ordered by her doctor. Consequently, her wound did not heal in a timely way.
The nursing expert for the resident asserted that all of the wounds that she developed were due to negligent care by the nursing home. She indicated that the facility’s staff knew the resident was immobile and needed regular repositioning; however, the patient’s records provided no indication that the staff consistently provided repositioning of her body.
The defense contended that the wound was caused by a scratch, and that the resident aggravated it by itching the area; so, the wound was the fault of the resident. The defense also took the position that even though treatment of the wound and the repositioning were not documented in the resident’s medical chart, it did not mean it had not been done. The defense asserted that was part of the facility’s standard nursing practice.
The resident’s attorney asked the jury to award damages of $975,000. However, the jury awarded $100,000 for personal injury that was divided in this way-$25,000 past medical cost, $37,500 past pain and suffering, and $37,500 loss of normal life and disability experienced.
