Should I sue an assisted living facility?
My elderly mom lives in an assisted living facility and is a "fall risk". My mom also has mid-level dementia. The facility usually sedates the patients, or over medicates them in to passivity for control. The sedation + Dr. meds makes my mom light headed. Full well knowing this, and that she has fallen 2x in as many months, they allowed her to ride alone, around town in their facility bus. My mom should not be on the bus, going up and down stairs is too dangerous. My mom exited the bus and fell down on the pavement, landing on her shoulder. The nurse said she scraped up her whole right side in the fall. This has devastated my mom's life's outlook simply because the shock of the fall has progressed her dementia. Is the facility liable for the negligence of care?
5 attorney answers
Let me first say I hope that your mother is feeling better. There is nothing more frustrating than entrusting your loved one to a long term care facility and finding out that loved one has been injured.
The most practical action you can take at this point is getting together with your mother's doctor, the nursing home administrator, and nursing home care planner to make sure that they are working with your mother according to her fall risk assessment.
The nursing home could potentially be liable for her current injuries. However, the damages do not seem high enough for legal action. Nursing home litigation is very complex and expensive. Typically suits against nursing homes are filed after significant injury or death. Significant injury would be a broken hip, bone, or pressure ulcer. Luckily your mother doesn't appear to have any of these. Hopefully the nursing home will start paying attention to her needs so that she doesn't end up with more significant injuries in the future.
Responses to questions on this website are offered for informational purposes only and do not create an attorney client relationship. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you. If you have not hired me and signed a representation agreement I do not represent you in any legal matter.
What you should do is urgently have a sit-down meeting with a reputable attorney specializing in elder law, either in Orange County or L.A.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
There are numerous factors in making a decision about filing a claim or lawsuit. Truly, you should go see a lawyer about this. Your lawyer will know how to evaluate the case. He is there to help you figure it out, so there is no reason not to get some real direct information to help you in your decision.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Can’t find what you’re looking for?
Post a free question on our public forum.
Ask a Question- or -
Search for lawyers by reviews and ratings.
Find a Lawyer
William, I read your reply several times and agree with your assessment. My mother is in rehab now, however her dementia has increased from the fall. Thanks for your time.