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Jonathan Alan Rosenfeld

Jonathan Rosenfeld’s Answers

2 total

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

    Jonathan’s Answer

    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.

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  • Is it neglect if an elderly person developes a bed sore after a short period of time in a nursing home? Should you sue ?

    Jonathan’s Answer

    I think you got some excellent advice from the other attorneys who responded to your question. I would like to point out that that nursing homes have a duty to provide their patients with the highest level of care to prevent development of bed sores (similarly referred to as: pressure sores, pressure ulcers or decubitus ulcers.

    The Federal Law that applies to prevention of bed sores in nursing homes, reads as follows:

    Pressure Sores (F 314, CFR 483.25(c)): Based on the comprehensive assessment of a resident, the facility must ensure that a resident who enters the facility without pressure sores does not develop pressure sores unless the individuals clinical condition demonstrates that they were unavoidable; and a resident having pressure sores receives necessary treatment and services to promote healing, prevent infection and prevent new sores from developing.

    My guess is that this nursing home identified your mother-in-law as a person who was at high-risk for developing bed sores and subsequently developed a care plan for her care. Most likely, the facility failed to properly implement the care plan and bed sores formed.

    If this in indeed the case, your mother-in-law likely has a fairly strong case against the facility and is entitled to compensation for her pain and medical expenses.

    Lastly, you may consider contacting the New York Department of Health to have them investigate the facilities conduct with respect to the bed sores. The investigation will likely be inadmissible in court, but can be useful during the course of litigation. Best wishes to you and your mother-in-law.

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