This article discusses a nursing home negligence case that we handled not too long ago. To begin with, though our personal injury law firm has handled many nursing home negligence cases over the years, we don’t consider our law firm to be a nursing home negligence law firm. There are firms who do make that claim, and sometimes rightfully so. They handle a large volume of nursing home negligence cases in the Chicago area.
Most of these nursing home negligence law firms will handle other types of personal injury cases, but primarily are known as nursing home lawyers, because nursing home cases make up the bulk of what they do day in and day out. In these law firms, there are some reasonably good lawyers, BUT, because of the large volume of cases they handle, they are quick to settle and don’t often work up the cases fully or properly, to maximize the value of their clients’ cases. They would gladly settle a case for half of its full value rather than work up the case properly. We don’t have that issue. We work our nursing home negligence cases up to do what’s in the best interest of our clients, not what is easiest for us. Below is an example of one such case.
We represented an elderly woman was in the care of a well-known nursing home in the Northwest suburbs of Chicago for treatment of pneumonia. Prior to entering the nursing home, she was living with Multiple Sclerosis, diabetes, deep venous thrombosis, and other health issues. While in the care of the nursing home, a nurse entered her room, placed her on her side while on a bed and left the room to tend to other matters. While the nurse was away, our client fell off the bed directly onto the floor.
As a result of the fall, our client suffered a displaced right femoral neck fracture. Due to her very serious prior existing conditions, for which the defendant was aware, surgery was not a real possibility. Her functional disabilities because of this hip fracture were permanent. Also, our client’s elevated pain symptoms are also permanent. Further, her quality of movement, mobility, and transfer have been severely and permanently impacted by the injuries suffered as a result of this occurrence.
We filed a lawsuit and worked up the case diligently and aggressively. Eventually, the lawyers for the nursing home asked for a mediation – a process wherein the parties meet with a mutually selected impartial person, usually a retired judge, to assist in the negotiation of a settlement. We agreed to the mediation. The defense came in with a strong position that they would not pay more than $200,000 to settle this case. Their evaluation was based upon their firm belief that this was that all the Chicago nursing home negligence law firms would be thrilled with a $200,000 settlement on a case such as this one. We said we did not care about the other law firms and whether they choose to settle personal injury cases for less than full value to avoid doing the hard work it takes to maximize the value of these types of matters.
We told this to the lawyers for the nursing home and we reiterated this to the mediator, who frankly, was pushing for a settlement in the $200,000 to $250,000 range. He kept telling us that he’s mediated dozens of nursing home cases and that all the other nursing home negligence lawyers would be happy with a settlement in the $200,000 to $250,000 range. We held firm, consistently telling both the defense lawyer and the mediator that we are not like the well-known nursing home negligence lawyers in Chicago who have nursing home “factories” and settle their cases for less than full value. Eventually, after many hours of negotiations, the case settled for $400,000. Our client was thrilled, and we keep have kept in touch even after the case resolved.
