Mother in AL as of March 2013 with COPD as her primary diagnosis. She passed away at the end of May 2013. During her time at the AL facility they failed to provide a newly prescribed medication, a diuretic, to her despite the medication being on med cart, for 10 days and ran out of 1 of her nebulizer medications for 5 days which was to work in conjunction with one of her other nebulizer treatments. They claim no responsibility for her death and unfortunately because she was cremated an autopsy was not conducted. My sister and I are trying to sue them for negligence only not wrongful death. Not so much for the money as in an effort to get this company to fulfill their responsibility of providing the standard of care we were expecting as per the contract to others who choose this facility for their loved one.
Now our lawyer is pushing us to settle out of court because it is the easier way and that we won't get 'much' out of this lawsuit anyways. I feel like he is just being lazy and wanting money rather than working for us. Again I could care less about the money but in today's environment the only time a company even considers making changes to their existing practices is if there is a cost to their poor practices already in place. I fail to see how just settling will make a change. Especially since the law allows for up to 250,000 when negligence is proven. The courts could donate every dime to the COPD Foundation and I will be happy as a clam. I just do not want to walk away from this with the parent company getting nothing less than a slap on the wrist and nothing changes. I know this facility is responsible for the poor health of many elders who entered with health conditions for which the facility has been negligent just as they were with my mother and has caused a decline in health and/or death. Proving it seems to be the problem. Laws in this state, Texas, are not written to protect the consumer but to protect the corporations that are building their financial futures on elderly and those in the wings, like myself, that they can prey on. Knowing that as elderly it is easy to explain away anyone's death with 'Oh they were so sick and this was bound to happen' approach. Please tell me I am not going crazy. We may end up walking away with nothing but the memory of how we selected what we thought was the better facility for her needs only to find out that indeed it was nothing short of a way station with poorly trained staff and insensitive administrators. DADS was called in and did cite the facility for 3 violations of care concerning my mother. Yet my lawyer does not seem to believe that this is enough to force them to pay the max. I just don't know what to do anymore and I am on my last straw. Please advise or provide feedback. Thank you for reading this.