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Is Death due to Aspiration Pneumonia-Sepsis caused by nursing negligence in a LTAC a permanent condition?

Bayonne, NJ |

Approximately 2.5 months ago my father was admitted into an LTAC for what we was advise would be temporary dialysis, swallowing evaluation-peg tube in place and rehabilitation for dual surgeries. He was in there for 4 days when we the family walked in his room finding him flat in the bed with mitten restraints on unconscious and non-responsive. His peg tube feeding was loose and liquid food all over him and the bed. We had to call for help several times before the nurse assigned to the room responded. Long story short my father was transferred to the closest hospital and intubated upon arrival to the ER. A tracheal was placed 10 days later and ultimately he died the end of May. The LTAC President and representative requested to meet 2 days after the initial incident. Is this Negligence?

Attorney Answers 6


  1. Could be. Consult with a local medical malpractice attorney and have them review the records.


  2. The medical records need to be obtained and reviewed. By the facts that you listed, the possibility exists that there is medical negligence.

    Each case is fact senstive, so all answers should be viewed as general advice only, and should never replace a thorough and in depth consultation with an experienced attorney. Further, an answer should not be seen as establishing an attorney-client relationship.


  3. How terrible for you and your family. It certainly sounds like negligence.

    973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


  4. The medical records would need to be review by a New Jersey lawyer. Here, www.Personal-Injury-Lawyer-New-Jersey.com

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