Do I hav a claim if I was unjured at a nursing home. helping my mother get to and from the bathroom. My neck,shoulder was hurt

Asked over 1 year ago - Ballwin, MO

I was helping my mother into the wheel chair and then lifting her onto commode and then back to bed I hurt my neck/shoulder while doing this 3 separate times. The call button was pushed and an aid cameand said she would be back but never came. The second time that day the call button was pushed and they took too long so I helped her again to bathroom. While I was getting he into wheel chair and aid came in and walk out with out helping. Now I am in so much pain and no health insurance Thx

Additional information

I did speak to aid about this and I was told that this wasnt what they do there and that most of their patients were basically self sufficient and just there to rehab But when I told the administrator about this she said that was not correct an that they were responsible for thpatients getting to the bathroom One of the aids were wrote up. I went to the facility later and wrote out an injury report. I was told the report was sent to their corporate office and that someone would be in touch but I hav not heard anything and when I call no one returns my calls

Attorney answers (4)

  1. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . See if they have Med Pay.

    Only 29% Contingency Fee! Phone: 215-510-6755
  2. Kenneth Lee LaBore


    Contributor Level 15


    Lawyers agree

    Answered . I am sorry to hear of your situation. This should not happen since the NH should have enough staff, yet they will probably say they are not responsible for an act you take upon yourself. You could report the incident and see if there is coverage call Med Pay to assist with your medical bills.

    Good luck.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I... more
  3. Melvin G. Franke

    Contributor Level 13

    Answered . I don't believe so

  4. Robert Bruce Kopelson

    Contributor Level 20


    Lawyer agrees

    Answered . My opinion is you undertook to help her, so it is your problem. You should have gone looking for the staff when they didnt come when called or as promised. When the staff came in the 2d time, you should have told him/her to please take over for what you were doing.

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