Michael Abella May 20, 2016, 12:40pm

CHICAGO — A patient is suing a Forest Park health care facility, alleging its negligence caused him to suffer injuries. 

Curtis Holmes filed a lawsuit May 16 in Cook County Circuit Court against Berkshire Nursing & Rehab Center LLC, Berkshire Nursing Center, Aperion Care Forest Park and Aperion Care Inc., alleging they failed to comply with the Illinois Nursing Home Care Act.

According to the complaint, on Jan. 8, 2014, he was admitted to Berkshire/Aperion and was at high risk risk of falls. On that same date, the suit says, Berkshire employees incorrectly assessed him as being not at high risk for falls. 

On May 20, 2014, the lawsuit says, he fell in the dining room of the Aperion Care and fractured his right shoulder. On the succeeding months up to early May 2015, Holmes fell several times, causing him to suffer C spine ligamentous injury and cervical instability. 

On May 15, 2015, the suit says, he was transferred to UIC Hospital where he was diagnosed with cervical instability requiring surgery. On May 22, 2015, he was readmitted at Aperion Care Forest Park, the complaint states, and on June 10, 2015, he fell at Aperion. 

The plaintiff alleges the defendants failed to properly assess his condition, failed to institute proper care precautions, failed to exercise ordinary care to provide for Holmes' safety, failed to prevent him from falling, failed to properly supervise and monitor him, failed to institute proper care plan and failed to comply with his physician's orders.

Holmes seeks a trial by jury and judgment of more than $50,000. He is represented by attorney Michael T. Mertz of Hurley McKenna & Mertz in Chicago.

Cook County Circuit Court Case number 2016L004905

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Cook County Circuit Court
50 W Washington St
Chicago, IL 60602

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