West Virginia Wrongful Death Legal Questions

You may have a cause of action for the broken hip depending on the facts and circumstances surrounding the fall. When a patient is admitted to a nursing home, a fall assessment has to be done and a care plan must be developed for the patient that takes into consideration the risk factors disclosed.  Issues addressed in the assessment include whether a patient is taking medication that raises the risk of fall, whether the patient has a history of vertigo, dizziness, syncope or seizures, whether the patient had a history of falls within the last six months, whether the patient ambulates independently without the use of an assistive device and the mental status of the patient.  Depending on how your father was classified in the initial assessment, the home could have violated its own fall protocols. (For example, if they provided footwear it should have been slop resistant). If you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state), preferably, one that specializes in nursing home negligence cases. They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz. Click here for my website.  ... Read More