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
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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.
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.
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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.
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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.
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.
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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.
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