Chicago nursing, rehab center faces suit from patient over physical therapy fall

A woman is suing a Cook County nursing home over claims she was injured when she fell during physical therapy.

Mary Lou Bergner filed a lawsuit Oct. 28 in Cook County Circuit Court against Warren Barr Living and Rehab Center; and Warren Barr Nursing Pavilion.

According to the complaint, Bergner was admitted to Warren Barr for nursing home and rehab services on Aug. 19, 2013, and despite being at high risk for falls, she fell during physical therapy on Aug. 24, 2013. Bergner says the fall resulted in injuries including the dehiscence of her right knee wound, which required hospitalization and surgery to repair.

She accuses the defendants of failing to protect her from injury and failure to properly supervise her, in violation of the Illinois Nursing Home Care Act.

Bergner is seeking more than $50,000 in damages, plus attorney fees, and is represented by Michael J. Eisenberg of the Law Offices of Steven J. Malman and Associates in Chicago.

Cook County Circuit Court case number: 2014L011169.

This is a report on a civil lawsuit filed in Cook County Circuit Court. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and it represents only one side of the story.