MYERS V. HERITAGE ENTERS., INC.
820 N.E.2d 604 (2004)
NATURE OF THE CASE: Meyers (P) appealed a decision in favor of Heritage (D) in P's
negligence action brought under the Illinois Nursing Home Care Act.
FACTS: Chapman and Butler, certified nursing assistants worked at D, a nursing home. They
attempted to transfer P, a 78-year-old resident, from her wheelchair to her bed using a
device known as a Hoyer lift. P fell approximately 18 inches and hit the bar of the Hoyer
lift, fracturing the tibia and fibula on both legs. P died approximately two weeks later,
apparently of unrelated causes because there were no allegations that the fall contributed
to her death. P brought suit against D, alleging common-law negligence and violation of the
Nursing Home Care Act. P presented the testimony of an operations manager for Heckman Health
Care, and Mary Hendricks, a registered nurse. D called Pamela Sue Brown, holder of a Ph.D.
in nursing, who testified as to the nursing standard of care in the use of the Hoyer lift.
She reviewed numerous documents, including the pleadings, medical records, and discovery
documents. Chapman and Butler, the two CNAs who moved P using the Hoyer lift, also testified
about what occurred when P fell. P objected to the professional malpractice instruction
because it did not apply to the negligence of the CNAs in the nursing home. The court
instructed the jury on professional negligence. The jury returned a verdict in favor of D. P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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