therapy and went to a care facility but I noticed the care was awful and my mothers' condition had worsened during her stay so I called the Department of Health and just received a letter stating they found a problem related to nursing standards of practice regarding my mother. The facility was cited for the deficient practice. What are any options I can pursue?
First issue is the fall. If the fall was due to BKs negligence you have a lawsuit - not just because she fell. See a PI lawyer for that.
Also, the facility can be sued for malpractice - speak to a malpractice attorney, but it will depend on her damages how much you can sue for if at all. Bad care that did not worsen her condition, or did so only marginally, may not have a high dollar value (remember, the big injury was the fall at BK), and her age is counted in that in part. Again, speak to both kinds of attorney, or a med mal attorney who can pursue the slip and fall as well.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law apply, unless otherwise specified.
That being said, attorney Popovich gave you excellent advice. You may find that the facility also breached its contract with your mother, and she may be able to recover what she paid in contract damages. She and/or her guardian or power of attorney should speak to an elder law attorney ASAP to get these issues straightened out.
/Christopher E. Ezold/
I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.
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