Can the home health care agency be sued since my mother fractured her left arm and ribs falling from a lift device

Asked over 1 year ago - Cannon Falls, MN

The home care agency had always transferred my mother with a pivot lift as I do when caring for her when they are not here. Two months ago the agency mandated the use of a sit to stand lift. There was no consultation with a physical therapist and the supervisor never reviewed how my mother transferred on her own. After a couple tries my mother found it hurt her right side and the left side is paralyzed from a stroke. The aides stopped using the lift device and we had no problems however the nurse found out and threatened the aides that they would lose their jobs if the did not use the device. With the second transfer of the day my mother's right side fell off the lift and her left arm snapped and ribs broke . She is now in the nursing home with pneumonia not sure if she will recover.

Attorney answers (7)

  1. Barry Franklin Poulson

    Contributor Level 20

    5

    Lawyers agree

    Answered . Very sorry to hear of your mother's situation. It certainly sounds like there was incompetant care. See a local elder law or nursing home attorney in your mother's locale. You can use AVVO search or local ads, view the online profiles, and make an appointment.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I... more
  2. Jeffrey Mark Adams

    Contributor Level 20

    5

    Lawyers agree

    Answered . As suggested, speak with local and qualified counsel. This is a specialized field of law. Speedy recovery to your mother.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  3. Antonios Kalogerakos

    Contributor Level 11

    4

    Lawyers agree

    Answered . Once your train counsel, he will investigate whether there was a breach from the standard if care which should be given by this medical group. You must realize that you have to seek someone who has experience handling nursing home type negligences matters.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Have a local nursing home abuse lawyer investigate.

  5. Kenneth Lee LaBore

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . I am sorry to hear of the problem. I am a Minnesota Nursing Home Neglect attorney. I am familiar with the sit and stand lifts and have had several other cases where lifts have been involved in fall injuries. The issue as I can tell is was there a reason to change the type of lift that was in the best interest of your mother or for the convenience of the facility and their staff. In additional to the choice of lift, it would be necessary to investigate the fall and how it occurred. Why did she fall from the lift? They should have kept her safe during the transfer process.

    The lift if set up properly and used correctly should not cause injury. This is in my opinion based on the facts presented a preventable event and I recommend investigating the matter further.

    Since it is a home care agency there is very little law that provides guidance on how to proceed with a lawsuit, unlike a nursing home there is no set standard of care for training, staffing, equipment, etc. The services are generally determined by contract rather than statute. However, once the facility agreed to undertake transfers that assumed a duty to do so safely.

    I am happy to provide you with a free consultation on the phone or in person and would have some additional advice on how to proceed if your are interested.
    Best regards

    Attorney Kenneth L. LaBore
    612-743-9048

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I... more
  6. Michael Brevda

    Pro

    Contributor Level 11

    3

    Lawyers agree

    Answered . Sorry to hear about your mother. I hope she recovers from the fall.

    It sounds like the agency aide was negligent in dropping your mother. I would need to know more facts about the case but based on your brief summary, it sounds like you would have a valid lawsuit against the agency. Feel free to contact me if you have questions.

    Michael
    mjb@acallforjustice.com

    Nothing in this answer is to be interpreted as legal advice. I would need more facts to fully assess your case.
  7. Jason Todd Studinski

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Consult with Ken LaBore, the Minnesota lawyer that answered your questions. He is nationally known for his work in nursing home/home health cases. Good luck.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,239 answers this week

3,202 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,239 answers this week

3,202 attorneys answering