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My mother fell at the nursing home and broke her hip, is the nursing home liable

Lebanon, IN |

My mother was in the nursing home for rehab. after being diagnoised with cancer. She fell in the nursing home after being there about 3 weeks. She was not able to get to the bathroom on her own and when she and her roommate would ring for assistance they would wait for 40 minutes or longer to get some assistance. She was trying to get to the restroom and no one came when called to help her. When I ask for bedrails for her bed, because she had fallen out of it at least 2 times. They told us it was against the law to have bedrails on patients beds in a nursing home. We did have them on the bed in the last nursing home she was in, and this was never an issue. Unfortunately my mother passed away March 14, 2013. But want to know if Zionsville Meadows Nursing is liable for the fall.

Attorney Answers 8


  1. Sorry sincerely for your loss. There may be a very viable claim. Contact local counsel; but counsel must be knowledgeable and experienced in this practice area. Good luck

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  2. Unfortunately this is a scenario that is seen all too often in nursing homes. Upon admission each resident should have a fall risk assessment done. Depending on the score of the risk assessment then certain preventative measures should be put in place. With precaution many falls can be prevented. You should obtain your Mother's records and see if a risk assessment was done and then if any fall prevention planning was done. If not then you probably have a good case. Your note indicates that your Mom had twice fallen out of her bed. A bed alarm should have been in place. There is no reason for a patient to wait for 40 minutes for assistance. Finally if there is a connection between the fall and your Mother's death then you may have a claim for wrongful death. It would be a good idea to contact a nursing home attorney in your state and let the attorney review the records.


  3. It is a travesty that a facility responsible for the care of the sick and elderly and who you trusted with your loved one is so neglectful!!!!
    You should definitely contact a malpractice attorney as it sounds as if there may have been a violation of the duty of care, especially if she had previously fallen. It also sounds as if they were understaffed.

    Mr. Padove is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below. Burtonap@aol.com (219) 836 2200


  4. It defends sound like you may have a strong case. Contact an attorney from your area who has provided an answer to your question on Avvo.

    Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation.


  5. Perhaps. Have one of the above nursing home abuse lawyers in your state investigate.


  6. In many states, like Florida for instance, there is a bill of rights for nursing home residents. One of those rights is certainly to have reasonable care and supervision. In your facts, it certainly seems that the supervision and care was not reasonable. In addition, there are statutes holding caregivers liable both civilly and criminally for neglect of a nursing home patient. Finally, if your mother died as a result of the injuries she sustained in the fall there may be a cause of action against the nursing home and its aides/nurses for negligence. Some of these statutes include punitive damage provisions. I would speak to an attorney specializing in nursing home neglect/personal injury cases.


  7. I am sorry for your loss.

    The multiple falls are a definite concern and that fact that there was a systemic lack of response to the call lights helps establish neglect. There is usually a algorithm that is completed to see if bed rails are more of a risk to the resident due to suffocation or the risk of falling is greater. Usually a family can have bed rails if the POA signs a request or waiver.

    Depending on your mother's mental status, and other issues, it does seem that there is the basis claim against the nursing home, but it is impossible to tell without reviewing the medical records, death certificate and other documents.

    I recommend you consult with a local nursing home neglect attorney to investigate the matter fully.

    Good luck.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  8. My condolences for the loss of your Mother.
    Your question does not indicate when the fall occurred and whether the fall resulted in a fracture or contributed in some way to the demise of your Mother. Having fallen twice before,the Nursing Home was certainly on notice that your Mother was a fall risk.
    It is inexcusable that the Nursing Home habitually made your Mother wait such an extended period of time before answering her call. Undoubtedly, the Nursing Home was understaffed(a common occurrence in such facilities).Although there appears to be responsibility for negligence, there may be a question as to the extent of damages -that is why I inquired initially as to the injuries sustained by your Mother as a result of the falls.
    My inquiry as to when this occurred is material because all States have varying Statutes of Limitations. This means that if you wait too long before taking action, you may lose the right to proceed.

    My answering this question does not mean that I am your attorney. This post is intended to provide some helpful insight into your particular situation, but it should not be taken as legal advice. It is recommended that you speak to an attorney in detail regarding your case. I am licensed to practice law in several states, which may not include your state. The laws of your jurisdiction may differ. Please remember that legal proceedings involve deadlines and statutory time limiting statutes. Our firm generally offers free case evaluation. 713-222-6464, or visit us on the web at www.marianrosen.com

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