Estate sues nursing home over woman's broken leg before death

By Dan Harkins | Jul 22, 2015

A woman's estate is suing over a fall and subsequent broken leg she suffered just before death.

Mellie Smiley, as administrator of the estate of Dora Ruth Edwards, filed a complaint on July 14 in Cook County Circuit Court against Southpoint Nursing and Rehabilitation Center LLC, doing business as Southpoint Nursing and Rehab Center.

In September 2012, Edwards moved to the defendant's facility at 1010 W. 95th St. in Chicago. From the start, staff at the facility knew she had Parkinson's disease and was at a high risk for falls, according to the lawsuit.

On Sept. 13, 2013, Edwards fell from her wheelchair and broke her left leg. She died on Sept. 25, 2013. The lawsuit states she suffered not just the injury from the fall, but also pain and suffering, medical expenses and an overall deterioration of her condition.

The defendant is cited for failing to have nurses properly evaluate her, supervise nursing staff, provide necessary services and assisting devices, implement a current resident care plan, follow Southpoint's policies and train nursing staff.

The estate seeks damages of more than $150,000, plus costs.

The plaintiff is represented by Jason Kellerman of the Law Offices of Steven J. Malman and Associates PC in Chicago. 

Cook County Circuit Court case number 2015L007152.

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