Can i suit my child's nurse for breaking his leg ?

Asked over 1 year ago - Santa Clarita, CA

my child is 15 and disabled , he doesn't walk or talk and has a nurse always with him . While under her care she broke his femur bone on accident and then never came back to work . my question is can i suit her ?

Attorney answers (9)

  1. Michael R Crosner

    Contributor Level 20

    14

    Lawyers agree

    Answered . You might well have a valid claim against the nurse and/or if employed by a nursing company that company - depending on the facts of the incident. You need to consult with a California personal injury injury. I will be happy to speak with your without a charge for consultation. Office (818) 700-9990 - or else contact any other personal injury attorney on Avvo.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  2. Rabeh M. A. Soofi

    Contributor Level 12

    14

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    Answered . Dear Poster, I am so sorry this happened to your poor son! If it was accidental, and depending on the facts, I would definitely recommend that you discuss this with an attorney to explore your rights through an initial consultation. The law limits the time you have to bring claims. There are many good accident/injury lawyers on this site, and you should contact several to see which attorneys are the most responsive to you. . If I can be of help, please let me know.

    Take care, Rabeh

    Rabeh M. A. Soofi
    Attorney

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  3. Robert Bruce Kopelson

    Contributor Level 20

    13

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    Answered . You need to be able to show she was negligent and that is why the leg was broken, or that she did it intentionally. If she is just an individual you hired, and not through an agency, she likely has no insurance or assets from which to collect. Did you notify the police or state licensing? Consult with local counsel in your area.

  4. David Alan Wolf

    Contributor Level 13

    12

    Lawyers agree

    Answered . I am sorry to read about your son's injuries. If the nurse was negligent in the care and treatment of your son, a case can be brought against her. Most attorneys will condition representation on there being a nurse agency to sue and / or liability insurance for the nurse. You should discuss the case with a California attorney.

  5. Constantine D. Buzunis

    Contributor Level 17

    10

    Lawyers agree

    Answered . Yes you can make a claim against her and her employer if there is one? The question will be whether she was negligent in caring for your child and whether that negligence was a legal or proximate cause of the leg fracture. You will likely need a medical expert to state that her conduct fell below the standard of care in the local medical community for a home health nurse dealing with this type of patient. As this is not something that would not ordinarily occur without someone's negligence, it seems your son may have a good case? You will need to have a guardian ad litem to sue in your son's name. Get an experienced medical malpractice lawyer to review the case for you.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more
  6. Lars A. Lundeen

    Pro

    Contributor Level 20

    9

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    Answered . Yes you can sue her. Contact a personal injury attorney in your area for assistance.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  7. Paul J Molinaro

    Pro

    Contributor Level 18

    7

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    Answered . The SPIRAL femur fracture in a child is one that should cause every doctor to consider and rule out as a sign of child abuse. There are "innocent" spiral femur fractures in children, but this particular type (spiral) raises red flags. While a fifteen year old may not be considered a child for purposes of spiral femur fracture alarm, if said teenager is disabled and has soft or weak bones, the red flag may be raised.

    Other femur fractures occur as well, so should abuse be suspected in any child with a femur fracture, an expert medical opinion may be needed to evaluate potential causes or mechanisms of injury.

    If a mother suspects her disabled 15 year old son was a victim of abuse by a healthcare provider, said mother should consult with a medical malpractice attorney as soon as possible as there are strict statutes of limitation which could prevent even the best case from being successful should it be filed late.

    Fortunately, many of us medical malpractice and personal injury attorneys offer free consultations and take cases on contingency. Thus, there is nothing to fear when calling.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
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    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

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  8. Richard Andrew Harting

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . Yes you can pursue a clam against the nurse and her employer; however, this success of this claim will depend on the facts of how this incident occurred. Because of time limitations you should promptly contact an attorney to discuss more fully.

  9. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . She broke his femur, or he broke his femur?

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