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Can I sue a nursing home if my mother was sent to the hospital for dehydration and diarrhea and urinary tract infection?

West Palm Beach, FL |

My mom was sent to the hospital for dehydration and diarrhea, and urinary tract infection. As far as I could tell she wasn't getting any water in the the nursing home. Because every time I went there her cup was always full that sat on her night stand. And I would always tell them to give her water repeatedly I said this and nothing ever seemed work. I would go in a dinner time and there would be no water on her plate at all. There is suppose to be someone there to feed her at all times because she has brain damage and heart failure. Sometimes I would walk in there and not see anyone there to feed her. I signed a healthcare proxy in the nursing home, can I get my mom out of there and maybe place her somewhere else or bring her home with me ? I don't know if she has medicare. I need help.

Attorney Answers 4

Posted

It sounds like a case for elder neglect. I wish I practiced in FL.

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Posted

I'm sorry to hear about your mother.

My advise would be to get a copy of the nursing home records and contact a nursing home neglect and abuse attorney in Florida to review her potential case. I would also recommend that you contact the Florida Agency for Health Care Administration and file a complaint. Here is the link to their website: http://www.fdhc.state.fl.us/nursing_home_guide/.

Your mother may have a claim for neglect. However, in order to make such a determination, an attorney would have to review her medical records. An attorney, possibly with the consultation of health care professionals, would evaluate her potential case by, among other things, reviewing the nursing home chart to investigate whether the facility properly assessed your mother's risk for dehydration, developed and adequately revised an appropriate care plan commensurate with her risk, and properly implemented the necessary interventions to prevent her from becoming dehydrated.

As far as transferring your mother from the facility, you may want to contact your regional ombudsman, whose contact information you can find on the following link: http://ombudsman.myflorida.com/. They may be able to assist you with finding a new facility.

Or, if she is still in the hospital, you could ask the hospital's social services department to help you place her in a new facility.

I hope this helps. I wish you and your family the best of luck.

Please be advised that this response is intended for general informational purposes only and does not constitute legal advice nor create an attorney-client relationship. Oftentimes, additional facts and information may have been omitted from the question which would significantly alter the response thereto. It is therefore recommended that you fully discuss any potential case with an attorney licensed in your state in order to ensure that you receive the appropriate legal advice. Jason E. Hammond is licensed to practice in the State of Illinois and does not hold himself out to be an expert in other jurisdictions.

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David Bradley Dohner

David Bradley Dohner

Posted

Mr. Hammond: I wanted to take a moment to thank you for your thorough and informative answer. I am an attorney licensed in Florida and I have filed more complaints against our absolutely terrible long-term care facilities than I care to remember. Legislative changes enacted here in Florida have created a situation in which it is now more difficult than ever for private citizens to seek a remedy for the sometimes horrific injuries which are caused by the neglect and abuse tolerated by the owners and management of these facilities. Nonetheless, I am always happy to offer whatever good advice, if nothing else, I can to individuals who call my office in matters such as this, and I was happy to see that you, despite being out of state, were kind enough to do the same. Best regards, David B. Dohner, Esq.

Posted

Get her records and take them to a local nursing home neglect attorney who can send them to an expert to review. Search Avvo's "find a lawyer" for a nursing home neglect attorney. Good luck.

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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Posted

As an attorney that specializes in nursing home neglect, I recommend that you speak with an attorney about your mother's potential case. Please note that if you retain an attorney, he or she will request your mother's records and you will not need to do so.

The nursing home has an obligation to protect the "resident's rights" of your mother. One of those rights is the right to appropriate health care. (Fla. Stat. 400.022(l)). Further, the nursing home has a duty to assist your mother in her activities of daily living, including making sure that she is eating and drinking appropriately. If they have reason to suspect that she is not or that they can not meet her care needs, they have an affirmative duty to transfer her to a facility, (i.e. a hospital), that can meet her needs.

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David Bradley Dohner

David Bradley Dohner

Posted

Michael: I do not believe that we have had the pleasure of meeting, but I recall that we have a common friend in either Bill Dean or Rudy Suarez. Maybe both, actually. Good to see someone else is still fighting the good fight. My cellular number is (305) 972-5720. Give me a call sometime. I would be happy to share any information with you in my possession, which might be of assistance in advancing your matters, and, hopefully and assumedly, you would not mind doing the same. Best regards, Dave Dohner.

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