THIS IS WHAT I HATE ABOUT LAWYERS! (and why we fight them)

Below is the outline of a case where the court got it right.  An elderly gentleman whose family is paying for long-term assisted living, is injured in a fall.  There are plenty of witnesses to what happened.  SO what does the nursing home do?  They take statements of the witnesses and the employees and then they try to hide those statements claiming they’re part of a medical study or some other protected action.  In essence, there are 6 witnesses to how this man was dropped and injured but they don’t want to have to give the names or statements to anyone.  That’s nonsense.  It’s sneaky.  It’s a lawyer trick and I’m glad the court saw through it!

Lindsey v. Butterfield Health Care II, Inc., 2017 IL App (2d) 160042 (February 9, 2017) DuPage Co. (SCHOSTOK) Affirmed in part and vacated in part; remanded.
Plaintiff, as guardian of 88-year-old nursing home resident, filed suit for negligence after resident sustained injuries in fall at nursing home. Court properly ordered that disputed documents (report completed by nursing home employees about injury and 6 witness statements completed during internal investigation) were not privileged under Medical Studies Act or Long-Term Care Quality Assurance Act. Documents were created in ordinary course of nursing home’s business are not privileged under either Act. (HUDSON and SPENCE, concurring.)

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About Law Office Of Keith Short

Keith Short was born in Chicago in 1965. In 1980 his parents moved to Anna, Illinois where he attended high school. In 1989 he graduated from SIUC with degrees in Political Science and English. He then attended Southern Illinois University School of Law, where he graduated in 1992. Mr. Short worked full time employment throughout college and law school: auto repair, cannery, legal clerkship. In 1991 he began a clerkship for the Hon. John Dibble of the Illinois Workers' Compensation Commission. Prior to graduation Mr. Short was offered an associate attorney position with Keefe and De Pauli, P.C. in Fairview Heights where his practice concentrated in the defense of Illinois and Missouri workers' compensation claims. In 2000 Mr. Short was hired by Hopkins Goldenberg as an associate attorney representing injured workers. In 2002 Mr. Short was offered a full partnership in a firm later renamed Goldenberg, Heller, Antognoli, Rowland and Short, where his practice included toxic exposure litigation, medical malpractice and workers' compensation claims. Mr. Short has litigated product liability/brain damage cases; medical malpractice lawsuits, wrongful death claims and automobile accident cases. He has handled numerous cases in the Illinois Appellate Courts. Mr. Short also actively participated in the federal welding Multi-District Litigation set in Cleveland, Ohio. Mr. Short is a frequent lecturer having given seminars in Washington D.C., Las Vegas, Chicago, San Diego, St. Louis, and New Orleans. He resides in Edwardsville, Illinois with his wife, 5 children and 3 step-daughters. On May 3, 2011 Keith Short was sworn in as a member of the Edwardsville City Council, having been elected to represent the city's 5th Ward. He has been assigned by Mayor Gary Niebur to the Public Safety Commission and the Public Services Committee.
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