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My mom fell and broke her shoulder while a patient in the hospital and then a few days later she fell again. Can we sue?

Grand Prairie, TX |

My mother is blind and is in the hospital for her kidneys. They gave her a laxative and when she called for help no one came for about 30 mins and was unable to hold it any longer so she attempted to get up and find the toilet. She ended up falling and breaking her shoulder. A few days later after know that my mother is very weak and can barely stand because of the medicine she was given the nurse on shift tried to take her to the restroom and ended up dropping my mom where again she hurt her self and broke her finger. I don't understand wht precautions weren't made to prevent this know that she can't see. And also for some reason after getting cut in the neck for dialysis she lost a lot of her hearing in the ear on the side where they made the cut.

Attorney Answers 5


  1. It sounds like you need to consult with a medical malpractice attorney in your area to really evaluate the facts of the case. It appears that you may have a claim if you can show that the hospital/medical staff acted outside of the standard of care -- that is what other health care professionals of the same training would have done in a similar incident. I hope your mother is ok. Be aware that these types of claims have a small window of time to act, so dont delay. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  2. There is a duty of care to infirm patients and it certainly sounds like it was breached.
    See a lawyer and pursue a claim. This type of neglect is not tolerable.


  3. I am sorry to hear what your mother has gone through. The nursing standard of care requires the nursing staff to monitor and assist patients, and it certainly appears that their inattentive lack of care caused your mother injury. Based on what you have said, I believe that you should contact a qualified medical malpractice attorney to evaluate your case.

    Medical malpractice cases are complex and I believe that clients are best served by contacting an experienced medical malpractice attorney. After all, results matter! You are welcome to contact me at 281-580-8800 or www.painterfirm.com. This Avvo comment does not create an attorney-client relationship and is for informational purposes only.


  4. I'm sorry to hear about your mother's accident, and a nurse should have been there for her. Retain a local med mal lawyer to investigate.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  5. I am sorry about what happened to your mother.

    Yes, you can sue. The Texas constitution guarantees all citizens free access to our courts. Anyone can sue anyone, at any time, anywhere, for any reason and for any amount of money, all without first proving anything to anyone. However, filing a lawsuit and winning one are two entirely different things.

    I suggest that you promptly consult a Dallas plaintiffs' lawyer who is certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Medical malpractice is a sub-specialty of personal injury trial. A link to the Board's website appears below.

    Good luck.

    www.tbls.org

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