Isn't this nursing home neglect? Please inform me.....
Cleveland, OH
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Posted 27 days ago in Nursing Home Abuse - Neglect
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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?
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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. Answers (3)Randall Richard Walton
This attorney is licensed in California.
Posted 27 days ago.
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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.
Lauren Morgan Ellerman
This attorney is licensed in Virginia and 1 other state.
Posted 9 days ago.
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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.
Jonathan Alan Rosenfeld
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