Lawsuit: Negligence at Rehab Center led to Death

CHICAGO -- Negligent care at a West Side rehab center ultimately led to the death of a 67-year-old man. His hip was broken when he fell as a nurse tried moving him onto a wheelchair, the man's daughter says.

A wrongful death lawsuit is filed on behalf of Cydney Kaplan in Cook County Circuit Court, according to the law firm of Levin & Perconti.

Martin Kaplan was admitted to Schwab Rehabilitation Center on Sept. 3, 2007, after having his leg amputated, the suit said. Prior to admission, Kaplan's daughter did "extensive research" to determine the facility best suited for him. “I wanted to choose the most reputable rehabilitation center for my father. Schwab was a modern facility with a great reputation so it seemed like a no-brainer. I completely trusted Schwab to take good care of my dad,” she said.

Upon admission, Martin’s doctors assessed him as being at risk for falls and accidents during transfers and required he be transferred by two staff members using a mechanical lift. The following day, the suit says, a certified nursing assistant attempted to move Martin into his wheelchair by herself. She used a slide board instead of the mechanical lift his doctors ordered and Martin fell, fracturing his left hip and femur.

Kaplan was admitted to Mt. Sinai Hospital in Chicago the following day for surgery to treat his broken hip and femur. In the weeks after his surgery, according to the suit, his condition deteriorated rapidly. His hip and femur fractures immobilized him and he developed a serious pressure ulcer on his sacrum. In addition, he was diagnosed with sepsis, pneumonia and respiratory failure.

The illnesses developed after his fall at Schwab led to his death in early December 2007.

“We brought this case against Schwab because the staff failed to follow specific care orders,” attorney Steven M. Levin said. “Our goal is to help improve the system of care for other residents by revealing the mistakes made in Mr. Kaplan’s care.”

The suit was filed two months after the Illinois Department of Public Health completed an investigation into Kaplan’s case and cited the facility for improper nursing care..

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