Father was in a nursing home was left standing unattended and fell.

Asked over 2 years ago - Akron, OH

A Nurse, ignoring a standing order, left my father standing alone without assistance. He fell and broke two ribs. Because of the broken ribs it hurt to take deep breaths or cough. He died of pneumonia about three weeks later.

Attorney answers (2)

  1. Mark Wayne Napier

    Pro

    Contributor Level 10

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    Lawyers agree

    Answered . So sorry to hear about your father. A nursing home must assess a resident for fall risks. They must have a written plan to minimize that risk. It appears that the nursing home employee violated the standing order or the fall risk plan. Most nursing home claims boil down to simply not enough staff to provide for the needs of the residents. The facility was likely short-staffed at the time. For wrongful death in Ohio, there is a two year statute of limitations. You and your family members should consult with a nursing home claims attorney who can order records and investigate this matter, and how the nursing home scores in annual surveys and inspections. Best wishes to you that justice can be acheived for your father and family.

  2. David W. Terry

    Contributor Level 9
    Best Answer
    chosen by asker

    Answered . Many people do not realize that broken bones in elderly people often result in death by pneumonia. When an elderly person falls and breaks a bone it is a very dangerous situation for them. For example, if they break their hip they are unable to walk or exercise in any manner. If, as in your case, they break ribs, they are unable to take deep breaths without significant pain. When they are unable to take deeper breaths either as a result of exercise or pain, their lungs begin to fill with fluid. As a result, death by pneumonia will often result. Sadly, it is all too common.

    Nursing homes are required to prepare a care plan that is designed to protect those who are at risk for falling. If there is any failure on the part of the nursing home in exercising the care plan and the resident is injured as a result, there may be a legal case for negligence.

    I agree that you should talk with an attorney in your area who has significant experience with nursing home abuse cases to learn more about what you can do.

    Good luck to you.

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