Dan Harkins Jul. 9, 2015, 10:30am

A woman's estate is suing a nursing home, alleging negligence in a fall in the shower that broke the woman's hip just prior to her death.

Gwendolyn Womack, as administrator of the estate of Johnnie Mae Womack, filed a lawsuit July 1 in Cook County Circuit Court against Claridge Operations and Claridge Healthcare Center, alleging negligence and personal and pecuniary injuries.

According to the complaint, until Dec. 25, 2014, Johnnie Mae Womack was under the care of the defendants and was considered a high risk for falling. The suit says states she asked for a bath and was refused but two certified nursing assistants did agree to give her a shower, even though she had a standing intolerance for any length of time greater than five seconds. 

During her shower, the lawsuit states, Womack fell, causing her to break her right hip, and she died shortly thereafter.

The defendant is alleged to have neglected Womack and failing to properly assess Womack, institute proper fall precautions, adequately assist Womack, bathe her in a safe way, prevent her from falling, institute a proper care plan for Womack, provide adequate care, properly assist Womack while showering, provide follow-up care, properly supervise Womack, and keep her from falling in the shower.

Gwendolyn Womack seeks damages in excess of $50,000, plus costs. She is represented by attorney Brian J. Holmes of Hurley McKenna & Mertz in Chicago. 

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