Not guilty in nursing negligence case.
Circuit Court of Cook County, Illinois
Counsel: Steven C. Steinback and Timothy F. Dobry
Outcome: Not Guilty
This case involved allegations of nursing negligence in assisting Plaintiff from a sit to stand position after suture removal following a right shoulder arthroplasty. A post-incident MRI revealed “massive” rotator cuff tear. Plaintiff had to undergo two repair surgeries, but failed to recover full function of her dominant side.
Plaintiff alleged negligence in post-operative care while assisting shoulder arthroplasty patient from sit to stand which resulted in “massive” rotator cuff of non-operative shoulder, two subsequent surgeries, and permanent disability. Defendant nurse contended that the proper technique was utilized and the plaintiff’s injury occurred as she fell back into the chair while still holding onto Defendant’s arm; the standard of care did not require the use of an assistive device for the initial assist; and it was reasonable to utilize a gait belt after it became clear that Plaintiff was unable to stand on her own.