A son recently filed a lawsuit on behalf of his deceased mother, arguing that her fall in nursing home care was the result of negligence and insufficient training.

Plaintiff John R. recently filed a lawsuit against Sunrise of Schaumburg, an assisted living home which his mother Alice R. resided in until the time of her death. John claims that Alice’s fall in nursing home care was a result of Sunrise’s negligence.

According to John, Alice was a resident at Sunrise from August 2011 through February 2018 when she died. During her time at Sunrise, Alice allegedly had trouble getting out of bed and walking unattended. Sunrise allegedly was aware of Alice’s status as a fall risk but continued to allow her to get out of bed and wander without assistance.

John claims that in July 2016, Alice was reportedly positioned in her bed but later fell and fractured her hip while attempting to get out of bed. Following her fall, she allegedly sustained further injury as she was left unattended on the floor for an extended period of time. The lawsuit claims that Alice’s fall in nursing home care was a direct result of Sunrise’s negligence.

“As a direct and proximate result, [Alice] suffered injuries of a personal and pecuniary nature, including but not limited to, pain and suffering, disability and disfigurement, medical, and related expenses,” the fall in nursing home lawsuit claims. John filed the lawsuit on her behalf, aiming to recover the compensation she would have been entitled to had she survived.

Because of her fall risk, Alice allegedly required special care in order to protect her from a fall in a nursing home. John cites a wide variety of care that Alice needed included a fall in nursing home care plan, bed alarms, constant supervision and assistance, and compensation for Alice’s unsteady gait, balance impairment, and muscle weakness. The lack of these accommodations allegedly resulted in a deterioration of her mental and physical condition, making it “detrimental to her health, welfare, and/or safety to reside at Sunrise”.

John claims that Sunrise violated Illinois’ Assisted Living and Shared Housing Act by agreeing to house Alice in residence despite her fall risk and their inability to sufficiently provide her the care she needed. Sunrise allegedly lacked the staff, skills, and capabilities to house Alice, but continued to do so despite her real risk for a fall in nursing home care.

“[Sunrise] Carelessly and negligently accepted [Alice], for residence, allowed her to remain in residence at their facility and/or failed to terminated her residence despite [Alice] requiring the assistance of more than one paid caregiver at any given time in violation of the Assisted Living and Shared Housing Act,” John claims in his fall at nursing home lawsuit.

John seeks compensation for Alice’s fall in nursing home care, including an excess of $50,000 in compensatory damages, court costs, and attorneys’ fees. The lawsuit was originally filed in the Circuit Court of Cook County but was removed to federal court by the defendants, citing the large amount in controversy.

The Fall in Nursing Home Lawsuit is Case No. 1:18-cv-05328 in the United States District Court for the Northern District of Illinois.