More details to this question:
My mom is 80 yrs old and in a nursing home. My dad pays half and Medicaid the other. She has Dementia and Parkinson's, cannot speak and fully immobile. Two days ago we get a call saying she fell. We asked what happened and they say "all I can tell you is that she's still breathing". We spend the day in the ER, she has a fractured No. 7 Vertebrae, No. 1 Rib and the side of her head is purple with a fat lip (CT for brain was ok). The hospital kept her over night and released her back to the Nursing Home the next day.
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
You absolutely have a case against the nursing home. There is no question that the injury occured while your mom was under the care of the nursing home and since your mother is immobile, she did nothing to contribute to her own injury. Your mother was obviously allowed to fall by an orderly or other nursing home staff when she was being transported, cleaned or turned in bed and the nursing home is responsible and should be held liable for money damages under the theory of "res ipsa loquitur", which roughly translates as it could not have happened any other way than through the negligence of the nursing home. And this is a negligence (not medical malpractice) case. Keep in mind that the statute of limitations to start a negligence action is three years from the date of the injuries.
Answered on May 03rd, 2018 at 10:34 AM