QUESTION

Do I have the opportunity to start a law suit against a Nursing Home Rehab and also a Hospital due to Medical negligence and surgical malpractice?

Asked on Apr 04th, 2017 on Medical Malpractice - New York
More details to this question:
My mother spent almost five months hospitalized due to health problems (Diabetes, Pneumonia etc) . After a couple of months hospitalized, then she was transferred to a Nursing Home for rehab, when she wasn't ready for rehab, because she was still very sick. The point is that at such rehab home my mom developed a very large wound on her low back. Probably the staff used to leave her for hours with the dirty diapers, and that's why she got so infected. The Dr. of such Nursing Home decided to send my mother back to the Hospital, assuming she was very ill. Right away I received a call from the Hospital stating there was a must to make a surgery to my mother. Doctors said they made "a cleaning" , but the wound became a huge hole which got infected. Finally, the 17th of February of this current year 2017, my mom's heart stopped beating and she is deceased. The thing is I didn't have the chance to take pictures to the big wound. But I have pics & videos of her hospitalized. Thanks .
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
I am very sorry for your loss.  What you are describing sounds like chronic bedsores, and it is very common, preventable, and treatable. Your mother's diabetes made her more prone to this, so the hospital was on notice to look out for and treat it. Your mother needed to be turned in bed periodically, and the existence of those bedsores was evidence of negligence, possibly leading to her death if her infection became systemic. The only way to tell is to review the medical records, but you likely have a strong case for medical malpractice against the hospital. 
Answered on Apr 06th, 2017 at 12:06 PM

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