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

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. 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 accept a retainer, and we explictly agree to enter into representation.


  2. 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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  3. 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. 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.


  5. 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 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.


  6. 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.