Nursing home sued by resident's POA

Steve Gonzalez Feb. 17, 2005, 4:20am

VIP Manor Nursing Home in Wood River.

Crystal Calvert, who has power of attorney over former nursing home resident Sarah Ferguson, filed suit against VIP Manor Nursing Home in Wood River.

Calvert alleges that Ferguson sustained serious injuries from numerous falls while a patient at the facility, and is seeking more than $100,000 in damages in a suit filed Feb. 16 in Madison County Circuit Court.

The most serious fall suffered by Ferguson, who was a VIP resident from February 2003 through June 2004, occurred on Dec. 30, 2003.

As a result of Ferguson’s falls, her health has consequently suffered a marked deterioration of her prior physical condition, Calvert claims.

Represented by Robert Gregory of East Alton, Calvert claims Ferguson has become liable for large sums of money for nursing care and medical expenses.

"In and about endeavoring to become healed and cured of her injuries, (she) has suffered great pain and mental anguish as well as a permanent disability," according to the complaint.

The suit contends that VIP owed a duty to Ferguson to exercise ordinary care so as not to cause her injury, but in spite of that duty, Calvert claims VIP was guilty of negligence by:

  • failing to employ sufficient staff to provide services to meet the total needs of its residents;

  • failing to timely report the neglect or injury of the plaintiff to the Department of Health of the State of Illinois;

  • failing to provide the necessary care and services to its residents, including Ferguson, to attain or maintain the highest practicable physical, mental, and psychosocial well-being, in accordance with the resident’s comprehensive assessment and plan of care; and

  • violating its own resident care policies in not providing necessary care and services to its residents.

    The case has been assigned to Circuit Judge Andy Matoesian.

    05 L 182 (3rd Circuit)

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