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Can I sue my father's nursing home for an injury that happened while an attendant was getting him ready for bed.

Saint Louis, MO |

My father has been on a catheter for three years. I have had to take him to a urologist to have it changed because the home where he is botches it every time. Three nights ago an attendant pulled my dad's catheter while getting him ready for bed. He has severe trauma to the urethra and has been hospitalized since it occurred. My father says that this attendant is always rough and has complained about him regularly. He says he told the gentleman to be careful but he did not heed my fathers warning. I am furious.

Attorney Answers 5


  1. We don't have enough acts to determine whether you have an actionable claim.
    I suggest you visit a lawyer in St. Louis.
    Use the Find A Lawyer tab.


  2. Your father may very well have a claim, but the cost and time to pursue a medical case like this could be cost prohibitive. You should discuss this with a lawyer in your state who specializes in medical cases.

    DISCLAIMER: Thomas W. Pleasant is licensed to practice law in the states of North Carolina, Tennessee, and Georgia. This answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  3. You can certainly file a lawsuit against a nursing home for injuring your father. Not only are there policies and procedures that nursing homes are supposed to follow, but there are regulatory rules as well. Most of the policies and regulatory rules are designed to provide quality care to the residents or to keep the residents safe. I am in St. Louis and have been pursuing cases against the nursing home industry for twelve years. I would be happy to talk with you about your options.


  4. Nursing homes have a duty under federal and most state laws to prevent accidents and injuries. Although regular use of a catheter can cause problems with the urethra.

    I would have the medical records reviewed by a nursing home neglect and abuse attorney in your area.

    Good luck.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  5. You need to consult local counsel. Also contact your local state ombudsman.

    This response should not be constued as legal advice on how to proceed as our firm does not have enough information to analyze the claim. Further, until we are in an attorney/client relationship we generally do not give specific legal advice.

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