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This all happened about 13-14 mos ago so may not matter. Mother was put in an assisted living/nursing home facility after acute / Sub acute care for a broken hip. While there she fell two to three times where one time broke the other hip and required surgery and one time re broke the other hips where surgery had to be done again. After the 2nd surgery, she wasn't doing well with recovery and when the doctor asked to give her a blood transfusion to increase the oxygen in her blood, I opted to exercise her living will and asked that we see how she does on her own very well expecting the worst which happened. She passed shortly afterwards in hospice. The reason I even bring this up is my wife's mom was recently admitted to the same facility for sub acute care and I found that they no longer use bed or chair alarms and do not medicate at night to help patients sleep. Whe I asked why not, they told me no alarms because of liability and no medication because it's illegal to medically restrai
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Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Its a little hard to follow what your specific question is, but in general, when falls occur in a facility and the patient is a known fall risk, there is a possible case. The fact that your mom passed away after the second fall raises issues about the finanial viability of the case, but there is the potential for fee shifting in every nursing home negligence case if she was a patient in a nursing home.
If you want to investigate a case, you should contact a lawyer who specializes in nursing home negligence cases.
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Answered on Sep 24th, 2014 at 6:38 AM