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Isn't this nursing home neglect? Please inform me.....

Asked over 2 years ago - Cleveland, OH

My dad was in a nursing home from October, 2008-April, 2009. He fell six times, 11-28-2008, 12-14-2008 broken arm, 1-8-2009, 1-22-2009 found on the floor by his bed, 2-7-2009 a aid left him unattended in the wheel chair, & April 16, 2009 broken hip. On May 29, 2009 @ VA Hospital he died, after that last fall he just went down completely. I was tolded today after four months by a lawyer that since I did not remove him from the Nursing Home there is nothing that can be done. Can you let me know what you think?

Additional information
on my dad death certficate it say: Failure to thrive & severe dementia he way out going laughing talking before this last fall he just went down.

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Attorney answers (3)

Randall Richard Walton

Reputation Level 7

Answered over 2 years ago. Nursing Home Abuse / Neglect Lawyer in San Diego, CA.

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I would speak with another attorney. Six falls in six months, two resulting in fractures is, in my opinion, excessive. Interventions and proper care planning should be instituted to address the growing problems of falls, and it sounds like the facility failed in this regard. In addition, failing to remove someone from a facility does not absolve it from negligence. Yes, the other side will say, "if it was so bad, why didn't you move your father?," and that may have relevance to a judge or jury, but in my experience families sometimes can't easily move a family member. I am not in Ohio, so I can't help you out, but you ought to consult with some other lawyers who regularly represent nursing home residents in these types of cases. Good luck.

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Lauren Morgan Ellerman

Reputation Level 13

Answered over 2 years ago. Nursing Home Abuse / Neglect Lawyer in Roanoke, VA.

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Hmm... This is a tough one. Clearly the facility was not providing the care they were supposed to provide. Were you told after the initial falls that their care would change? Did you attend a care plan meeting?

If the facility made promises to keep you there, than the first attorney's concern may be moot. I see his/her concern - fearful a jury will wonder to themselves why your Dad was left in the nursing home - but if you can answer that question with some information about the home's promises, his/her fears may not be an issue.

Have it looked at again --- I am so very sorry your family has been through this. It is awful to lose someone, more so when it was the fault of a healthcare provider.

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Jonathan Alan Rosenfeld

Reputation Level 8

Answered about 2 years ago. Nursing Home Abuse / Neglect Lawyer in Chicago, IL.

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Once again I think my colleagues offer some excellent suggestions. I still may chime in with several thoughts.

I would strongly suggest that you ask the lawyer for a copy of your father's records from the facility and discuss the situation with another lawyer. In my opinion, six falls within six months and accompanying serious injuries in just plain inexcusable.

Arguably, it can be difficult for a facility to predict every fall for all their patients. Nonetheless, there are precautions that nursing homes can put in place to help prevent falls.

In the case of a patient who has a history of falls, the facility needs to use fall prevention measures such as bed / chair alarms to alert the staff when the patient is moving about and take interventional steps such as re-directing the person or providing assistance.

I think there is an implicit understanding that by continually caring for your father, this nursing home was capable of providing the care that he required to prevent further injury to himself.

Finally, you may want to seek alternative legal advice, because there is a possibility that you may actually have multiple causes of action against the facility for each fall and the subsequent care. Best wishes.

Nursing Homes Abuse Blog

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